ORS 671.525 Applicant for landscape contracting business license required to be independent contractor; classes of licensees

An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.

The board shall establish two classes of independent contractor licensees:

The nonexempt class is composed of the following entities:

Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and

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.

The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies that do not qualify as nonexempt.

All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

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.

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; or

That falls within any of the following categories:

Backflow assembly testing services that a landscape contracting business provides through employees who are certified under ORS 448.279;

Installing, repairing or maintaining backflow assemblies for irrigation systems and ornamental water features in a manner that under ORS 447.060 exempts the landscape contracting business from a requirement to obtain a license under ORS 447.010 to 447.156;

Installing landscape irrigation control wiring and outdoor landscape lighting in a manner that under ORS 479.940 exempts the landscape contracting business from a requirement to obtain a license under ORS 479.510 to 479.945; or

Removing or pruning a tree, removing tree limbs or stumps or tree or limb guying.

671.525. (1) An applicant for a landscape contracting business license must qualify as an independent contractor, under ORS 670.600, to be licensed with the State Landscape Contractors Board.

The board shall establish two classes of independent contractor licensees:

The nonexempt class is composed of the following entities:

Sole proprietorships, partnerships, corporations and limited liability companies with one or more employees; and

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.

The exempt class is composed of all sole proprietorships, partnerships, corporations and limited liability companies:

That do not qualify as nonexempt; or

Whose workers are covered employees for whom a professional employer organization is responsible for providing workers’ compensation coverage under ORS 656.850.

All partnerships, corporations and limited liability companies applying for a landscape contracting business license must have a federal tax identification number.

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.

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; or

That falls within any of the following categories:

Backflow assembly testing services that a landscape contracting business provides through employees who are certified under ORS 448.279;

Installing, repairing or maintaining backflow assemblies for irrigation systems and ornamental water features in a manner that under ORS 447.060 exempts the landscape contracting business from a requirement to obtain a license under ORS 447.010 to 447.156;

Installing landscape irrigation control wiring and outdoor landscape lighting in a manner that under ORS 479.940 exempts the landscape contracting business from a requirement to obtain a license under ORS 479.510 to 479.945; or

Removing or pruning a tree, removing tree limbs or stumps or tree or limb guying.