Oregon Administrative Rules Chapter 804 - LANDSCAPE ARCHITECT BOARD
Overview of OAR Chapter 804 - Landscape Architect Board
Purpose
To regulate the practice of landscape architecture in Oregon.
To establish standards for licensing, examination, renewal, and disciplinary actions for landscape architects.
To protect the public by ensuring that only qualified individuals practice landscape architecture.
Key Provisions
Licensing Requirements
Sets out qualifications, including education and experience necessary for licensure.
Provides details on examinations and reciprocity with other states.
Code of Conduct and Professional Standards
Establishes ethical requirements and professional responsibilities.
Includes grounds for discipline such as negligence, misconduct, or violating the rules.
Renewal and Continuing Education
Defines requirements for license renewal and continuing education credits.
Disciplinary Procedures
Outlines processes for investigation, hearings, and sanctions for violations.
Provides due process protections during enforcement actions.
Administrative Law Principles in OAR Chapter 804
Because OAR 804 involves rulemaking and enforcement by an administrative agency (the Landscape Architect Board), it is governed by general principles of administrative law, including:
Delegation of Authority: The Oregon legislature delegates authority to the Board to make rules and enforce standards.
Rulemaking Procedures: The Board must follow state procedures for adopting, amending, and repealing rules.
Due Process in Enforcement: When disciplining a licensee, the Board must provide notice, an opportunity to be heard, and a fair hearing.
Relevant Case Law Illustrating Administrative Law Concepts in Context
1. Chevron U.S.A. Inc. v. NRDC, 467 U.S. 837 (1984) (Administrative Deference)
Though not about Oregon specifically, this case establishes that courts defer to administrative agencies’ reasonable interpretation of ambiguous statutes or rules.
Application: If the Landscape Architect Board’s rules or interpretations are challenged, courts may defer to their reasonable construction.
2. Mathews v. Eldridge, 424 U.S. 319 (1976) (Due Process)
Established a three-factor balancing test to determine the level of procedural due process required when government action affects individuals.
Application: In disciplinary hearings for license revocation, the Board must ensure procedures satisfy due process standards, balancing private interests, risk of erroneous deprivation, and government interests.
3. Oregon Ass’n of Naturopathic Physicians v. Board of Naturopathic Examiners, 353 Or. 377 (2013)
An Oregon Supreme Court case affirming that licensing boards must act within statutory authority and follow fair procedures.
Application: The Landscape Architect Board must operate within the scope of its statutory mandate and follow procedural fairness.
4. Department of Human Services v. Sims, 198 Or. App. 138 (2005)
Highlights the importance of the right to a fair hearing before an administrative agency can impose sanctions.
Application: Landscape architects subject to disciplinary proceedings are entitled to hearings with adequate notice and opportunity to present evidence.
Summary
OAR Chapter 804 sets out the regulatory framework for licensing and disciplining landscape architects in Oregon.
The rules reflect broader principles of administrative law: delegation, rulemaking, due process, and fair enforcement.
Case law on administrative deference, due process, and procedural fairness apply to the Board’s activities.
Licensed professionals must comply with OAR 804, and the Board must enforce standards consistent with legal protections.
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