OAR 808-003-0450: License Fitness Standards

(1) In considering whether to sanction an applicant or licensee pursuant to ORS 671.610(1)(s), the agency shall consider whether the applicant’s or licensee’s criminal conduct is substantially related to the fitness and ability of the applicant or licensee to engage in landscaping work. Fitness to engage in landscaping work includes, but is not limited to, the ability to refrain from the violent, threatening, intimidating or sexually predatory behavior. Factors to be considered in suspending, revoking or refusing to issue or renew a license include, but are not limited to, the date of the offense and the circumstances of the crime. In addition, factors relating to rehabilitation, or lack thereof, as evidence by intervening events include, but are not limited to: failure to complete the criminal sentence, including probation or parole; failure to complete court ordered treatment; or failure to pay court ordered restitution. (2) Upon notice and request from the agency, it will be the duty of an applicant or licensee to provide the requested information in order for the agency to conduct a criminal background check as authorized by ORS 671.610(1)(s). Requested information includes, but is not limited to police reports, record of conviction, parole or probation reports, restitution records, counseling reports, and letters of recommendation. (3) Failure to provide requested information in (2) of this section may result in a suspension, revocation or refusal to issue or renew a license.