OAR 804-003-0000: Definitions

The definitions of terms used in ORS 671.310 to 671.459, and the rules of this chapter are: (1) “Applicant” — An individual who intends to or has applied to the Board for a registration. (2) "Assumed or Fictitious Name" — A false name taken as one's own. (3) “Business” — A sole proprietorship, association of persons, corporation, limited liability company, partnership, or other entity that provides landscape architecture services in Oregon. (4) “Candidate” — An individual who intends to sit for or is in the process of sitting for sections of the Landscape Architecture Registration Examination (LARE). (5) “CLARB” — Council of Landscape Architectural Registration Boards, an organization which provides the national examination to determine minimum competency to practice landscape architecture. (6) “Construction Detail” — Any drawing or plan containing technical dimensions or technical information to build or modify site features. (7) “Construction Specification” — Written or printed description of technical requirements for materials, installation methods and equipment, or standards to build or modify site features. (8) "Deceit" — An attempt to portray as true or valid something that is untrue or invalid. (9) “Direct Supervision” — For purposes of chapter 804 divisions 10, 20, 22, 27 and 50, this is supervision provided by a licensed or registered Landscape Architect, or a Professional Engineer or Architect where allowed for under these rules, to an examination candidate or applicant for registration, including a Landscape Architect-in-Training. (a) The supervising Landscape Architect, or Professional Engineer or Architect where allowed for under these rules, must provide oversight, inspection, control, and direction regarding the services and work being performed by the examination candidate or applicant for registration. This means the supervisor must: (A) Be located in close proximity to or be readily accessible to the examination candidate or applicant for registration to allow for oversight of work; (B) Provide supervision directly to the examination candidate or applicant for registration through in-person or virtual means; (C) Be in frequent communication with the examination candidate or applicant for registration; (D) Ensure communications with the examination candidate or applicant for registration are responsive and include face-to-face, e-mail, telephone, internet and other similar forms of direct communication; and (E) Take responsibility for the services or work done by the examination candidate or applicant for registration including but not limited to sealing and signing documents when required. The primary goals of direct supervision are to assure that the examination candidate or applicant for registration understands and is performing services and work within the professional standard of practice and to ensure that public health, safety, and welfare are protected. (b) The Board may, in its sole discretion, reject work experience if there are questions about whether the supervision provided to the examination candidate or applicant for registration met the Board’s requirements for direct supervision. (10) "Emeritus" — A type of inactive registration where the registrant is retired from practice but retains an honorary title corresponding to that held immediately before retirement. (11) "Employing" — Hiring a person, not an independent contractor, for compensation. (12) “Final Draft” — For the purposes of ORS 671.379(2), a professional document, which means any map, plan, design, contract document, report, or other document issued by a Registered Landscape Architect that is provided for the purposes described herein, prepared by or under the direct supervision and responsible charge of a Registered Landscape Architect to provide construction details, construction specifications, or other final direction for either: (a) Obtaining permits or other approvals by local, state, or federal agencies; or (b) Fulfilling a Registered Landscape Architect’s contractual obligations not otherwise addressed under (a). (13) "Fraud" — Intentional perversion of truth in order to induce another to part with something of value or to surrender a legal right. (14) "Grossly Negligent" — Reckless and wanton disregard for exercising care and caution. (15) "Impersonate" — To assume, without authority or with fraudulent intent, the identity of another person. (16) “Inactive” — A non-practice registration status that a registrant in good standing may request by submitting a written request to the Board before or on the registration renewal deadline. (17) “In Good Standing” — For purposes of ORS 671.376(4) and OAR 804-022-0025(1), 'in good standing' means that the registrant when making the request for inactive status has a current active unrestricted registration; is in compliance with all requirements for registration including, but not limited to, payment of all required fees and compliance with all continuing education requirements; and is not the subject of a pending board investigation or action or the subject of a Board order. (18) “Lapsed” — Status of registration when not renewed by or before the annual expiration date of registration. (19) “Late Fee” — A fee assessed when a payment is received after the date due, except for a late renewal of registration which may be received within 30 days of the annual renewal date without payment of a late fee. (20) "Material Misrepresentation" — An untrue statement that is significant under the circumstances. (21) “OAR” — Oregon Administrative Rule (22) “Registrant” — An individual or business holding an active or inactive registration with the Board. For an individual registrant on active status, also referred to as a Registered Landscape Architect (RLA) or Landscape Architect-in-Training (LAIT). (23) "Renewal of Registration" — To annually maintain the current status of a valid (active) registration or to bring a lapsed certificate of registration to current, valid (active) status. (24) “Responsible Charge” — Having control over or responsibility for landscape architecture services provided directly or by others under the direct supervision of the Registered Landscape Architect and being legally able to practice in responsible charge within the jurisdiction where a project is located. Responsible charge includes but is not limited to the Registered Landscape Architect being responsible for one or more of the following landscape architecture services performed or provided: (a) The manner, method, or quality controls of practice; (b) Ensuring minimum acceptable standards of practice are followed; (c) Preparing or reviewing designs, calculations, plans, site assessments, maps or other documents with the authority to make final decisions in regards thereto; (d) Identifying deficiencies found in, correcting errors contained in, or making other changes to designs, calculations, plans, site assessments, maps or other documents; (e) When providing direct supervision, being readily accessible to the person(s) being supervised either by being located in close proximity to the person(s) supervised or by being in frequent, immediate and responsive contact with the person(s); (f) Providing construction observation where authorized or requested by the client; and (g) Stamping and signing final work products where required under ORS 671.310 to ORS 671.459 and OAR Chapter 804. (25) “Seal” — For purposes of Board rules, seal has the same meaning as stamp. (26) “Stamp” — The professional stamp meeting Board design standards that is used by a Registered Landscape Architect to officially mark professional documents in accordance with ORS 671.379 and Board rules. The stamp may be a crimp-type stamp, rubber stamp applied using wet ink, or a computer-generated (digital) stamp. (27) “Stamping” — The act of applying a professional stamp to a professional document to denote a Registered Landscape Architect’s responsible charge for that work product. Sealing has the same meaning as stamping. (28) “Year” — For purposes of qualifying work experience for examination or registration, a year is calculated as 1 calendar year for full-time work (i.e., 40 hours per week on average) with part-time work prorated (i.e., 1 year of experience takes 2 calendar years to acquire at 20 hours per week on average) or the equivalent of 2,000 total hours worked.