Or. Admin. Code § 808-003-0095

Current through Register Vol. 63, No. 11, November 1, 2024

Section 808-003-0095 - Liability Insurance

(1) An applicant for the landscape contracting business license or renewal shall;

(a) Submit a "Certificate of Insurance" (certificate) from an insurance company authorized to do business in Oregon, as required by ORS 671.565 and subsection (2) of this section and

(b) Continue to meet those insurance requirements for as long as the applicant is licensed.

(2) The certificate of insurance must include:

(a) The name of the insurance company,

(b) Policy number,

(c) Effective dates of coverage;

(d) Coverage in at least the amount required in ORS 671.565 and Section 2 of this rule;

(e) The agent's name, and

(f) The Oregon Landscape Contractors Board is the certificate holder.

(3) The certificate must be for an amount not less than $100,000 if the application is received prior to January 1, 2016 and not less than $500,000 if the application is received after January 1, 2016 and include public liability, personal injury and property damage insurance covering landscaping work.

(4) The name of the entity as it appears on the certificate must be the same as the name on the landscape contracting business license application or license of record with the agency and the same entity name filed at the Oregon Corporation Division (if applicable).

(a) If the entity is a sole proprietorship, the certificate must include the name of the sole proprietor;

(b) If the entity is a partnership, or joint venture, the certificate must include the names of all partners (except limited partners);

(c) If the entity is a limited liability partnership, the certificate must be issued in the name of all partners and the name of the limited liability partnership;

(d) If the entity is a limited partnership, the certificate must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the certificate;

(e) If the entity is a corporation or trust, the certificate must be issued showing the corporate or trust name; or

(f) If the entity is a limited liability company, the certificate must be issued in the name of the limited liability company.

(5) A landscape contracting business must continuously have in effect public liability, personal injury and property damage insurance during the licensing period to maintain an active license.

(6) A new certificate must be on file with the agency prior to the expiration date on the previous certificate. If the policy as required in subsection 2 of this section expires and a new certificate is not received on or before 5 pm on the day of policy expiration, the agency may suspend the landscape contracting business license

(7) Upon cancellation of the insurance required under ORS 671.565 the agency may immediately suspend the landscape contracting business license as provided for in 671.610(2)(b).

(8) If a landscape contracting business is licensed as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity to one of the other entity types and a new license is required, the application must be accompanied by a new certificate.

Or. Admin. Code § 808-003-0095

LCB 2-1991(Temp), f. 9-27-91, cert. ef. 9-29-91; LCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; LSCB 2-1997, f. & cert. ef. 11-3-97; LCB 1-2003, f. 1-31-03, cert. ef. 2-1-03; LCB 4-2007, f. 12-19-07, cert. ef. 1-1-08; LCB 5-2009(Temp), f. 6-3-09 cert. ef. 6-3-09 thru 11-30-09; LCB 8-2009, f. & cert. ef. 10-28-09; LCB 9-2015, f. 12-22-15, cert. ef. 1/1/2016; LCB 4-2022, minor correction filed 06/01/2022, effective 6/1/2022

Statutory/Other Authority: ORS 183.325 - 183.410, ORS 670.310 & ORS 671.670

Statutes/Other Implemented: ORS 671.565