(2) The board shall establish two classes of independent contractor licensees:
(a) The nonexempt class is composed of the following entities:
(A) Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and
(B) Partnerships, corporations and limited liability companies with more than two partners, corporate officers or members if any of the partners, officers or members are not part of the same family and related as parents, spouses, siblings, children, grandchildren, sons-in-law or daughters-in-law.
(b) The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.
(3) All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.
(4) If a licensee who qualifies under subsection (2)(b) of this section hires one or more employees, or falls into any of the categories set out in subsection (2)(a)(B) of this section, the licensee is subject to penalties under ORS 671.997 and must submit proof that the licensee qualifies under subsection (2)(a) of this section.
(5) The decision of the board that a licensee is an independent contractor applies only when the licensee is performing work of the nature described in ORS 671.520 and 671.530. [1991 c.533 §6; 1997 c.337 §2; 2007 c.541 §12]
Structure 2021 Oregon Revised Statutes
Chapter 671 - Architects; Landscape Professions and Business
Section 671.010 - Definitions for ORS 671.010 to 671.220.
Section 671.025 - Certain drawings and specifications to carry stamp; identification.
Section 671.030 - Activities not considered as "practice of architecture."
Section 671.041 - Provision of architectural services by corporate firm; reciprocity; rules.
Section 671.050 - Application for certificate of registration; qualifications.
Section 671.060 - Examination of applicants; issuing certificates; rules.
Section 671.065 - Certification based on recognition by national council or other jurisdictions.
Section 671.080 - Renewal; fee; effect of failure to renew; inactive status; rules.
Section 671.085 - Fees; rules.
Section 671.090 - Grounds for denial, suspension or revocation of certificates.
Section 671.100 - Disciplinary authority of board; charges.
Section 671.105 - Hearing required in disciplinary action; judicial review of board orders.
Section 671.120 - State Board of Architect Examiners; members; term; chair.
Section 671.125 - Rulemaking authority of board.
Section 671.310 - Definitions for ORS 671.310 to 671.459.
Section 671.321 - Activities not considered practice of landscape architecture.
Section 671.325 - Application for registration; fee.
Section 671.335 - Examination; qualifications for registration; rules.
Section 671.338 - Confidentiality of application, examination and investigatory information.
Section 671.345 - Registration based on recognition by other jurisdictions; fee.
Section 671.365 - Fees; rules.
Section 671.376 - Renewal; fee; late fee; failure to renew; rules; inactive status.
Section 671.395 - Continuing education; fee.
Section 671.404 - Grounds for refusal to register or renew or for suspension.
Section 671.408 - Disciplinary actions.
Section 671.412 - Public contract requirements.
Section 671.425 - Issuance of registration after revocation.
Section 671.459 - State Landscape Architect Board; members; chair; term.
Section 671.520 - Definitions for ORS 671.510 to 671.760.
Section 671.522 - Artificial turf.
Section 671.524 - Landscape irrigation systems.
Section 671.540 - Application of ORS 671.510 to 671.760.
Section 671.550 - Authority of board to investigate; confidentiality of information.
Section 671.561 - Practical skills testing; fees.
Section 671.562 - Landscape contracting business workers’ compensation coverage.
Section 671.568 - Inactive status for landscape contracting business license.
Section 671.570 - Qualifications for landscape construction professional license; fee; rules.
Section 671.571 - Probationary license.
Section 671.574 - Inactive status for landscape construction professional license.
Section 671.575 - License required to obtain judicial or administrative remedy; exception.
Section 671.607 - License refusal or suspension for landscape contracting business debt; rules.
Section 671.613 - Sanction for failure to comply with certain laws; civil penalty.
Section 671.614 - Placement on probation; conditions; failure to fulfill conditions.
Section 671.617 - Examination for backflow assembly installer license.
Section 671.650 - License fees.
Section 671.660 - Renewal of licenses; effect of lapse; penalty fees.
Section 671.676 - Continuing education; rules.
Section 671.681 - Advisory and technical committees.
Section 671.690 - Surety bond, letter of credit or other security.
Section 671.695 - Types of claims.
Section 671.700 - Notice of claim; timeliness; board authority over dispute.
Section 671.701 - Claims against business holding dual licensing.
Section 671.703 - Investigation of claim; resolution processes; dismissal of claim; rules.
Section 671.707 - Actions following final order of board.
Section 671.710 - Priority on satisfaction of claims.
Section 671.760 - Business income tax.
Section 671.990 - Penalties for violations of ORS 671.010 to 671.220 or 671.530.
Section 671.995 - Civil penalties for violations of ORS 671.310 to 671.459.
Section 671.997 - Civil penalties for violations of ORS 671.510 to 671.760.