OAR 808-002-0330: Dishonest or Fraudulent Conduct

"Dishonest or fraudulent conduct," as used in ORS 671.610(1)(q), includes, but is not limited to, the following: (1) Failing to pay monies when due for materials or services rendered in connection with the applicant's or licensee's operations as a landscape contracting business when the applicant or licensee has received sufficient funds as payment for the particular landscaping project or operation for which the services or materials were rendered or purchased; or (2) Accepting payment in advance on a contract or agreement and failing to perform the work or provide the services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or (3) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or (4) Failing to pay minimum wages or overtime wages as required under state or federal law; or (5) Failing to comply with the state Prevailing Wage Rate Law, ORS 279.348 to 279.380; or (6) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance; or (7) Failing to pay wages as determined by the Bureau of Labor and Industries, Wage and Hour Division; or (8) Presenting for payment to the board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account; or (9) Misrepresenting the employment relationship between a landscape contracting business and a landscape construction professional. (10) Providing false information to the board.