Oregon Administrative Rules Chapter 804 - LANDSCAPE ARCHITECT BOARD
1. Overview: OAR Chapter 804 – Landscape Architect Board
The Oregon Landscape Architect Board (OLAB) is the regulatory authority responsible for licensing and regulating the practice of landscape architecture within Oregon. OAR Chapter 804 contains the administrative rules adopted by the Board to implement the statutory framework found in Oregon Revised Statutes (ORS) Chapter 671, which governs landscape architects.
The Board’s mission is to protect the public health, safety, and welfare by ensuring that landscape architects are qualified, competent, and adhere to professional standards.
2. Purpose and Authority
The Board is authorized to license qualified individuals to practice landscape architecture.
It establishes educational, examination, and experience requirements for licensure.
The Board regulates professional conduct and ethics.
It conducts investigations and disciplinary actions against licensees who violate laws or rules.
The Board adopts rules under the Administrative Procedure Act to ensure compliance with statutes.
3. Key Provisions of OAR Chapter 804
a. Licensing and Registration (OAR 804-010 et seq.)
Applicants must meet education standards, generally including a degree from an accredited landscape architecture program.
Experience requirements often include supervised practical training.
Candidates must pass the Landscape Architect Registration Examination (LARE).
The Board issues licenses and registrations, including reciprocal licenses for out-of-state practitioners meeting Oregon’s requirements.
b. Continuing Education (OAR 804-015)
Licensed landscape architects must complete continuing education credits periodically.
Courses must be relevant to landscape architecture and approved by the Board.
The goal is to ensure licensees stay current with professional developments, laws, and ethical standards.
c. Professional Conduct and Ethics (OAR 804-020)
The Board defines standards of conduct to prevent negligence, fraud, misrepresentation, or unethical behavior.
Licensees must perform services competently and with professional integrity.
Conflicts of interest and confidentiality requirements are addressed.
d. Complaint and Discipline Procedures (OAR 804-025 et seq.)
The Board investigates complaints about licensee misconduct or incompetence.
It follows formal procedures for hearings, including notice of charges and an opportunity to respond.
Disciplinary actions can include reprimand, suspension, revocation, or fines.
Licensees have the right to appeal Board decisions.
4. Relevant Legal Principles and Case Law
Though Oregon-specific case law directly interpreting OAR Chapter 804 is limited, several legal principles applicable to professional licensing boards and relevant cases are instructive:
Case Principle 1: Delegated Regulatory Authority
Courts recognize that licensing boards are granted statutory authority to regulate professions in the public interest.
This authority includes setting licensing criteria, investigating complaints, and imposing discipline.
Case Principle 2: Due Process Protections
Licensees have constitutionally protected due process rights when facing disciplinary action.
This includes timely notice, a fair hearing before an impartial tribunal, and the right to present evidence.
Courts may overturn Board decisions if procedures are not followed or if decisions are arbitrary or unsupported by evidence.
Case Principle 3: Deference to Expertise
Courts generally defer to the expert judgment of the Board regarding professional standards unless decisions are unreasonable or violate law.
This deference reflects the Board’s specialized knowledge of landscape architecture.
Case Principle 4: Public Protection Priority
The Board’s primary purpose is public protection, so courts uphold regulatory actions aimed at preventing harm to clients or the public.
For example, disciplining a licensee for gross negligence protects community safety and trust.
5. Practical Implications
Applicants must carefully follow licensing rules, complete necessary education, and pass exams.
Licensed architects need to maintain continuing education and ethical practice to avoid discipline.
Complaints trigger a formal investigative process with safeguards for both the public and licensees.
The Board balances protecting the public with ensuring fair treatment of professionals.
6. Summary Table
| Aspect | Details |
|---|---|
| Regulatory Body | Oregon Landscape Architect Board |
| Legal Basis | ORS Chapter 671 and OAR Chapter 804 |
| Licensing Requirements | Education, experience, LARE exam |
| Continuing Education | Mandatory periodic credits approved by the Board |
| Professional Conduct | Standards prohibiting negligence, fraud, unethical conduct |
| Disciplinary Powers | Investigation, hearings, sanctions (reprimand, suspension, revocation, fines) |
| Judicial Review | Due process required; courts defer to Board expertise unless decision is arbitrary |
| Primary Goal | Protect public health, safety, and welfare through competent practice regulation |
If you'd like, I can walk you through a hypothetical disciplinary case or licensing applicatio
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