The Oregon State Landscape Architect Board (OSLAB)
registers Landscape Architects and Landscape Architects in Training and regulates
the practice of Landscape Architecture in Oregon. The Board’s authority is found in Oregon
Revised Statute (ORS) 671.310 to 671.459 and Oregon Administrative Rule Chapter
804. OSLAB’s primary mandate is to
protect public health, safety, and welfare by enforcing the statute and rules,
and its responsibilities include the review of complaints alleging statutory or
rule violations. Complaints filed with
OSLAB have most commonly focused on allegations of practice without
registration, use of title without registration, failure to register a business
offering to provide or providing Landscape Architecture services, failure to use
a registered Landscape Architect for public projects, negligence or
incompetence by a registrant in practice, or registrant failure to adhere to the
Code of Professional Conduct. Note that OSLAB
generally has no jurisdiction over fee disputes between a registered Landscape
Architect and other parties.
Some key statutory provisions related to OSLAB are as follows:
ORS 671.316 (1): Except as provided in this
section, unless an individual is registered as a landscape architect by the
State Landscape Architect Board, the individual may not engage in the
practice of landscape architecture. Unless an individual is registered as a
landscape architect by the board, the individual may not use the title of
“landscape architect,” “registered landscape architect” or “landscape
architectural designer” or use other titles or any words, letters, figures,
signs, cards, advertisements, symbols or other devices to represent that the
individual or a business associated with the individual is authorized to
practice landscape architecture.
ORS 671.318:
A business may not provide landscape
architecture services unless the work is under the full authority and
responsible charge of a registered landscape architect who is also an owner or
officer of the business. A business shall file a form with the State
Landscape Architect Board identifying responsible landscape architects by name
and registration number. The filing must also describe the services that the
business is offering to the public. The filing must be in a form prescribed by
the board. The business shall notify the board in writing no later than 30 days
after a change of registered owners or officers or a change of business name or
address.
671.393: The State Landscape Architect
Board shall cause to be prepared and shall by rule adopt a
code of professional conduct which shall be known in writing to every
landscape architect and applicant for registration under ORS 671.310 to
671.459… {Code
of Professional Conduct is in OAR 804 Division 50.}
671.404:
Subject to ORS chapter 183, the State Landscape Architect Board may refuse
to register any applicant, may refuse to renew the registration of
any registered landscape architect or landscape architect in training, or may suspend
for a period not exceeding one year or revoke the registration of any
registered landscape architect or landscape architect in training if the board
finds that the applicant or registrant is a person who: {has been dishonest, fraudulent,
or deceitful, been negligent in practice, improperly stamped or signed work,
violated ethical or professional standards, or willfully evaded or attempted to
evade a local or state law or rule applicable to construction of landscapes or
other site features, as further specified in statute.}
671.412: (1) The state or a political
subdivision may contract for landscape architecture service projects only with
registered landscape architects, as defined in ORS 671.310. (2) Drawings, plans, specifications,
estimates and construction observation for public works of the state or a
political subdivision that require landscape architecture services must be
prepared by, or under the direct supervision of, a landscape architect
registered in an appropriate category.
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| Filing a Complaint |
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Any person (complainant) may submit a complaint
against any individual or business (respondent). A complaint can be filed by a registrant of
the Board or a concerned citizen. The complaint can be filed against a registrant of the Board or a non-registrant. Please be advised that the Board represents the public welfare as a whole, not the complainant as in an attorney-client relationship. Additionally, OSLAB may initiate its own compliant against a person or business if information becomes available to the Board indicating a potential violation.
If you feel that a violation of the Landscape
Architecture statute or associated rules has occurred, then the Board encourages
you to submit a formal complaint so that the Board may investigate. Complaints can be submitted to the attention
of the Board in the following ways:
1. By
completing the Board’s complaint form. Please complete as instructed, print,
sign, date, and send to the Board office with any supporting information.
(The form requires Adobe Reader which is free and which can be
downloaded from Adobe.)
2. By
requesting a complaint form from the Board office. When completed, sign, date, and send to
the Board office with any supporting information. (See Contact Us section
of this website.)
Your complaint will NOT be processed if the penalty of perjury statement is not signed. The Board office will return the complaint form to you with a request that you review, sign and resubmit. (ORS 671.445)
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| Civil Immunity and Confidentiality for the Complainant |
Statute provides that a person who files a
complaint in good faith with OSLAB is immune from an action for civil damages
as a result of that filing action. The
Board may also be able to limit disclosure of the name of a person filing a
complaint, if confidentiality is specifically requested and unless the
complainant’s testimony is needed as part of a Board disciplinary proceeding. ORS 671.447 provides that:
A person that reports or supplies information in
good faith to the State Landscape Architect Board or to an advisory committee
assisting the board is immune from an action for civil damages as a result thereof.
The board or committee shall not disclose the name of a person requesting
confidentiality unless the testimony of the person is required as part of a
board disciplinary proceeding.
Regarding confidentiality, the limitation on disclosure of the complainant’s name under ORS
671.447 will not apply if the complainant does not specifically request
confidentiality. If you do request
this confidentiality, the Board will seek to comply with your request to the
extent allowed under ORS 671.447 and Oregon’s Public Records Law. |
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| Complaint Process |
Board staff will acknowledge complaints
received. Complaint processing procedures are outlined in the Complaint process flowchart. If you have questions about filing a
complaint or other aspects of the Board’s complaint process, please contact the
Board Office. See the “Contact Us”
section of this website.
Please be advised that Board
review of a complaint may or may not result in formal charges as provided in
ORS 671.404 and 671.408. The Board can
consider a range of non-disciplinary actions (e.g., inconclusive information, allegations
unfounded, outreach letter, letter of concern) and disciplinary actions (e.g.,
letter of reprimand, civil penalty, extra continuing education, require peer
review, probation, suspension, restriction, revocation) based upon the
investigation findings. When the Board
determines that disciplinary action is required, the Board will issue the
respondent a Notice of Intent for disciplinary action. Such notices are governed by the Oregon
Administrative Procedures Act, namely ORS 183.415. The Notice of Intent informs the respondent
of the actions that are in violation of OSLAB’s regulatory authority, the
proposed disciplinary action(s), and his/her rights to a formal hearing.
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