1. (1) The rules in this division shall apply when:

   1. (a) A claim is referred to the Office of Administrative Hearings for arbitration under OAR 808-004-0590;
   2. (b) The parties to the arbitration agree that the Landscape Contractors Board may arbitrate a landscape dispute and the agency accepts the dispute for arbitration under ORS 671.703;
   3. (c) A timely claim is filed relative to work performed under a contract that contains an arbitration clause specifying that the Landscape Contractors Board shall arbitrate disputes arising from the contract and the agency accepts the dispute for arbitration under ORS 671.703; or
   4. (d) Arbitration by the Landscape Contractors Board is ordered by a court under ORS 36.600 or 36.625.
2. (2) Except as otherwise provided in the rules in division 8 of this chapter, an arbitration conducted under this division shall be governed by ORS 36.600 to 36.740, and sections 3 and 31, chapter 598, Oregon Laws 2003.

3. (3) The amendments to the rules in division 8 of this chapter that became effective on or after January 1, 2004 apply only to disputes referred to the Office of Administrative Hearings for an arbitration:

   1. (a) On or after January 1, 2004; and
   2. (b) Before January 1, 2004, if each party to the dispute files a written consent to the application of these amendments to the arbitration.

Statutory/Other Authority

ORS 183.310 - 183.500, 670.310 & 671.670

Statutes/Other Implemented

ORS 183 & 671.703

History

LCB 1-2005, f. & cert. ef. 2-15-05
LCB 6-2004(Temp), f. & cert. ef. 12-15-04 thru 6-10-05
Reverted to LCB 6-2003, f. & cert. ef. 10-1-03
LCB 8-2003(Temp), f. 12-23-03, cert. ef. 1-1-04 thru 6-27-04
LCB 6-2003, f. & cert. ef. 10-1-03
LCB 2-2003, f. 1-31-03, cert. ef. 2-1-03
LCB 1-2000, f. & cert. ef. 2-1-00, Renumbered from 808-004-0100
LCB 1-1993, f. & cert. ef. 1-19-93