justicedao/ipfs_state_laws huggingface dataset:
812-003-0200 Insurance Generally (1) An applicant seeking licensure, renewal, reinstatement or reissuance shall certify that the applicant: (a) Has procured insurance from a risk retention group or an insurer transacting insurance in compliance with Oregon Revised Statutes and Oregon Administrative Rules; and (b) Will continue to meet those insurance requirements for as long as the applicant is licensed. (2) Licensees shall provide a certificate of insurance or other evidence of insurance as required by the agency upon request or prior to the expiration date of their insurance. (3) A certificate of insurance must include: (a) The name of the insurer; (b) The policy or binder number; (c) The effective dates of coverage; (d) The coverage in at least the amount required in OAR 812-003-0221; (e) A statement that products and completed operations coverage is included as required by ORS 701.073(1). (f) The insurance agency’s name, and insurance agency’s telephone number; and (g) The CCB listed as the certificate holder Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.073 & 701.098 History: CCB 2-2022, amend filed 06/30/2022, effective 07/01/2022 CCB 1-2022, amend filed 06/16/2022, effective 07/01/2022 CCB 5-2018, amend filed 08/23/2018, effective 09/01/2018 CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 8-2006, f. & cert. ef. 9-5-06 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0210 Entity Name Required on Insurance Certification (1) The name of the entity as it appears on the certificate of insurance or other evidence of insurance must be the same as the name on the application and entity name filed at the Oregon Corporation Division (if applicable). (a) If the entity is a sole proprietorship, the certificate of insurance or other evidence of insurance must include the name of the sole proprietor; (b) If the entity is a partnership, or joint venture, the certificate of insurance or other evidence of insurance must include the names of all partners (except limited partners); (c) If the entity is a limited liability partnership, the certificate of insurance or other evidence of insurance 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 of insurance or other evidence of insurance 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 of insurance or other evidence of insurance; (e) If the entity is a corporation or trust, the certificate of insurance or other evidence of insurance must be issued showing the corporate or trust name; or (f) If the entity is a limited liability company, the certificate of insurance or other evidence of insurance must be issued in the name of the limited liability company. (2) If at any time an entity amends its entity name, the agency must be notified within 30 days of the date of the change. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.073 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0221 Insurance Amounts For all new and renewal license applications, insurance amounts as required under ORS 701.073, 701.081, and 701.084, must be in one of the following amounts: (1) Residential General Contractor — $500,000 per occurrence. (2) Residential Specialty Contractor — $300,000 per occurrence. (3) Residential Limited Contractor — $100,000 per occurrence. (4) Residential Developer — $500,000 per occurrence. (5) Residential Locksmith Services Contractor — $100,000 per occurrence. (6) Home Inspector Services Contractor — $100,000 per occurrence. (7) Home Services Contractor — $100, 000 per occurrence. (8) Home Energy Performance Score Contractor — $100,000 per occurrence. (9) Residential Restoration Contractor — $100,000 per occurrence. (10) Commercial General Contractor Level 1 — $2,000,000 aggregate. (11) Commercial Specialty Contractor Level 1 — $1,000,000 aggregate. (12) Commercial General Contractor Level 2 — $1,000,000 aggregate. (13) Commercial Specialty Contractor Level 2 — $500,000 per occurrence. (14) Commercial Developer— $500,000 per occurrence. (15) Construction Flagging Contractor — $500,000 per occurrence. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.073, 701.081, 701.084, 701.470 & 701.540 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 2-2016, f. 12-29-16, cert. ef. 1-1-17 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0230 Effective and Cancellation Dates of the Insurance (1) For purposes of licensing, the effective date of the insurance required under ORS 701.073, 701.081 and 701.084 is the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by the agency. (2) The insurance described in section (1) of this rule shall remain in effect until the license is suspended, terminated, revoked, expired, lapsed, or inactive, or until the insurance expires or a cancellation notice is provided by the insurer. (3) Immediately upon cancellation or expiration of the insurance described in section (1) of this rule, the agency may send an emergency suspension notice to the contractor as provided for in ORS 701.098(4)(a)(B), informing the contractor that the license has been suspended. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.073, 701.081, 701.084 & 701.098 History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0265 Temporary Authorization for Military Spouse - Contractor (1) A spouse of an active-duty member of the United States Army, Army Active Guard Reserve, Navy, Marine Corps, Air Force, Air Force Active Guard Reserve, or Coast Guard stationed in Oregon may obtain a temporary authorization as a contractor valid until the earliest of the following: (a) Two years from the date of issue; (b) The date the applicant’s spouse completes the spouse’s active-duty service in Oregon; or (c) The date the applicant’s authorization issued by another state expires. (2) The applicant shall complete an application as provided in OAR 812-003-0260. The applicant must apply as a sole proprietor. (3) The applicant may apply for any endorsement listed in OAR 812-003-0131(1), (2), (3), (4), (10), (11), (12), (13) or (14) for which the applicant is qualified. (4) The applicant must hold a current authorization in another state as a general, commercial or residential contractor. (5) The applicant must be in good standing in the state or states in which the applicant is currently licensed. For purposes of this subsection, “good standing” means the applicant has not been subject to any disciplinary sanction within the past 5 years and does not have any unpaid claims or debts relating to construction activities. (6) To demonstrate competency, the applicant must: (a) Successfully pass the NASCLA Accredited Examination for Commercial General Contractors; or (b) Successfully pass the state-administered examination; or (c) Provide evidence that the applicant worked as a licensed general, commercial or residential contractor in another state or states for at least 8 years; and (d) Complete three hours of education on laws, regulations and business practices offered by the board. (7) The applicant shall pay the license application fee as provided in OAR 812-003-0142(1) and (2) and must obtain the required bond and insurance for the selected endorsement. (8) These requirements do not eliminate or supersede any requirement for any other license or credential required by another Oregon state agency or local government. Statutory/Other Authority: HB 3030 (2019), Chapter 142 & SB 688 (2019), Chapter 626 Statutes/Other Implemented: HB 3030 (2019), Chapter 142 & SB 688 (2019), Chapter 626 History: CCB 3-2019, adopt filed 12/17/2019, effective 01/01/2020
812-003-0270 Effective Dates of New License (1) A completed application as required under OAR 812-003-0260 shall be on file with the agency before a new license may be issued. (2) Licenses will be issued for a period of two years. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 3-2008(Temp), f. & cert. ef. 1-10-08 thru 7-7-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0280 Renewal and Reissue of License Each entity must complete a form prescribed by the agency. Notwithstanding OAR 812-003-0300(4), a license may be renewed or reissued upon: (1) The applicant's completion of the renewal form or application form prescribed by the agency including, but not limited to, the information provided in OAR 812-003-0260; (2) Payment of the fee or fees, (3) Receipt of the required certification of insurance coverage or other evidence of insurance, and (4) Receipt of a commercial and/or residential bond, letter of credit or cash deposit. If it appears to the agency that the required letter of credit or cash deposit has terminated or expired, the applicant must submit a new bond, letter of credit or cash deposit. (5) Receipt of a signed statement or declaration affirming the contractor’s status as exempt or non-exempt under ORS 701.035(2)(b). (6) Receipt of a signed acknowledgement that the contractor understands that if there is a change of status from nonexempt to exempt, or from exempt to nonexempt, the contractor must notify the board within 10 days. Statutory/Other Authority: 701.235 Statutes/Other Implemented: ORS 701.063, 701.068, 701.073 & 701.081 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 5-2018, amend filed 08/23/2018, effective 09/01/2018 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0290 License Renewal, Reissue, New Issue; Effective Dates; Term (1) Except as provided in section (3) of this rule, a completed renewal or reissue application required under OAR 812-003-0260 shall be on file with the agency before a license may be renewed or reissued. (2) In order to obtain a renewed or reissued license, a contractor must provide the following: (a) A completed application form; (b) Proof of insurance; (c) A commercial or residential bond, or both (as indicated by the contractor’s endorsement(s)); (d) Where authorized by ORS 701.088, a letter of credit or cash deposit in lieu of the bond; and (e) An application fee. (f) A signed statement or declaration affirming the contractor’s status as exempt or non-exempt. (g) A signed acknowledgement that the contractor understands that if there is a change of status from nonexempt to exempt, or from exempt to nonexempt, the contractor must notify the board within 10 days. (3) If agency error causes the delayed receipt of the required documents or fee, the agency may renew or reissue the license with an effective date before the date on which all requirements were satisfied. Otherwise, all documents and fees must be received by the agency before the agency may renew or reissue the license. (4) If a contractor satisfies all requirements for license renewal before the expiration date: (a) The license is renewed; and (b) The effective date of the license is the expiration date. (5) If a contractor continuously maintains a bond and insurance and satisfies all requirements for renewal within two years after the expiration date: (a) The license is renewed and backdated; and (b) The effective date of the license is the expiration date. (6) If a contractor fails to continuously maintain a bond or insurance but satisfies all requirements for renewal within two years after the expiration date: (a) The license is reissued; and (b) The effective date of the license is the date when all requirements for reissue are met. (7) If a contractor satisfies all requirements for renewal more than two years after the expiration date, the license cannot be renewed or reissued. The contractor must apply for a new license under OAR 812-030-0260. (8) Licenses will be reissued or renewed for a period of two years. Statutory/Other Authority: ORS 701.235 Statutes/Other Implemented: ORS 701.063 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0300 Consequence of Lapse in License (1) An entity whose license has lapsed is considered unlicensed from the date the lapse occurred unless or until the date the license is: (a) Backdated and renewed; (b) Reissued; or (c) Reinstated. (2) During a period of lapse, the entity shall not perform the work of a contractor. (3) Except as provided in OAR 812-003-0290, a period of lapse will end and the license previously issued will again become valid on the date upon which the agency receives the missing items that caused the lapse. (4) A license that has lapsed for 24 months or more must be issued a new identifying license number. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.026, 701.063 & 701.098 History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0310 License Cards (1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under OAR 812-003-0270 or 812-003-0290. (2) A license and pocket card is valid for the term for which it is issued only if all of the following conditions are met throughout the license period: (a) The surety bond, letter of credit or cash deposit remains in effect and undiminished by payment of Construction Contractors Board final orders. (b) The insurance required by ORS 701.073 remains in effect. (c) If the licensee is a sole proprietorship, the sole proprietorship survives. (d) If the licensee is a partnership or limited liability partnership, the composition of the partnership remains unchanged, by death or otherwise. (e) If the licensee is a limited partnership, the composition of the general partners remains unchanged, by death or otherwise. (f) If the licensee is a corporation, trust, or limited liability company, the corporation, trust or limited liability company survives and complies with all applicable laws governing corporations, trusts or limited liability companies. (3) If the licensee’s bond is cancelled, the license will lapse 30 days from the date the cancellation is received by the agency. (4) If a license becomes invalid, the agency may require the return of the license and pocket card. (5) There is no charge for the original license and pocket card issued by the agency. (6) There is a $10 fee to replace a license and pocket card. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 & 701.088 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0320 Record Changes (1) Every licensed entity that changes its name, including any assumed business name under which it may operate, must notify the agency within 30 days of assuming, filing or registering the new name. This section also applies to sole proprietors that change their surname. (2) Except as provided in OAR 812-003-0190, requests for business name amendments of a partnership, joint venture, corporation, limited liability company, limited partnership or limited liability partnership shall be accompanied by a rider from the surety and a new Certificate of Insurance or other evidence of insurance to reflect the amended name. (3) With the exception of record changes due to agency error, a record change request shall be submitted in writing or, if the agency permits, electronically. (4) Except as provided in sections (5) and (6) of this rule, requests for record changes that require a new license card shall be accompanied by a $20 fee. (5) No charge will be made for an address change. (6) No charge will be made for changing independent contractor license class under ORS 701.035 if the licensed entity makes the change electronically. Statutory/Other Authority: ORS 670.310, 701.235 & 701.238 Statutes/Other Implemented: ORS 701.056, 701.068, 701.088 & 701.238 History: CCB 5-2018, amend filed 08/23/2018, effective 09/01/2018 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11 CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0005 CCB 10-2000, f. & cert. ef. 8-24-00 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 5-1999, f. & cert. ef. 9-10-99 CCB 1-1989, f. & cert. ef. 11-1-89 1BB 3-1984, f. & ef. 5-11-84 1BB 3-1983, f. 10-5-83, ef. 10-15-83 1BB 1-1983, f. & cert. ef. 3-1-83, Renumbered from 812-011-0015 1BB 6-1980, f. & cert. ef. 11-4-80 1BB 5-1980, f. & cert. ef. 10-7-80 1BB 1-1978, f. & cert. ef. 5-23-78 1BB 7-1977, f. & cert. ef. 11-14-77 1BB 5, f. 6-15-76, cert. ef. 7-1-76
812-003-0321 Notification of Change of Non-Exempt or Exempt License Status (1) When a contractor’s license status changes from nonexempt to exempt or from exempt to nonexempt, the contractor must notify the board. The contractor must file a Notification of Changed Contractor License Status within 10 days of the effective date of the change. (2) There is no charge to file the Notification under this rule. Statutory/Other Authority: ORS 701.235 Statutes/Other Implemented: ORS 701.035 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-003-0330 Inactive Status Generally (1) A licensee may not convert a license to an inactive status if the licensee is engaged in work as a contractor. (2)(a) A licensee may not offer to undertake work, advertise work as a contractor, submit a bid for construction work, obtain a building permit or perform construction work while in an inactive status. (b) Subsection (a) of this section does not apply to members of the United States armed forces serving on active duty provided that they perform work as a contractor only as part of their military duties. (3) A licensee shall notify the agency of any change of address while in an inactive status. During the period when the status of a license is inactive, the agency shall send notices and any other communications to the licensee at the last known address of record of the licensee. (4) To convert to an inactive status a license must have: (a) A current active license; (b) A current suspended license; or (c) A license that has expired no more than two years. (5) If the licensee was subject to discipline by the agency, the licensee must satisfy any conditions imposed by the agency as a result of the discipline in order to be eligible for the inactive status. (6) The licensee must submit a request to convert to inactive status on forms provided by the agency; and (7) The licensee must comply with OAR 812-003-0340, 812-003-0350, and 812-003-0360. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.056 & 701.063 History: CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10 CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10 CCB 6-2009, f. & cert. ef. 9-1-09 CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0340 Inactive Status Request at Renewal (1) A request to convert a license to inactive status made at the time of renewal of the license must be accompanied by fees required under OAR 812-003-0142. (2) If a license is converted to inactive status at the time of renewal of the license, the effective date of the renewed license shall be the expiration date of the previous license. An inactive license, if renewed, shall expire two years after its effective date. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0350 Inactive Status Request at Interim Renewal Period (1) A request to convert a license to inactive status made prior to the expiration date of the license, but at a time other than the time of renewal of the license, will be accepted only if the licensee making the request has paid all applicable fees required under OAR 812-003-0142 and 812-003-0320. (2) If a license is converted to inactive status prior to the expiration date of the license but at a time other than the time of renewal of the license, the effective dates of the license will remain unchanged and the license will expire at the upcoming expiration date. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0360 Inactive Status Request after Lapse (1) A request to renew a license and convert it to inactive status made after a lapse due to the expiration of the license must be accompanied by fees required under OAR 812-003-0142. (2) If a license is renewed and converted to inactive status after a lapse due to expiration of the license, the agency will establish the effective date of the license. An inactive license, if renewed, shall expire two years after its effective date. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.063 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0370 Renewal of Inactive Status To renew an inactive license in an inactive status: (1) If the licensee was subject to discipline by the agency, the licensee must satisfy any conditions imposed by the agency as a result of the discipline; (2) The licensee must submit the request to renew the license in inactive status on forms provided by the agency; and (3) The licensee must submit the fees required under OAR 812-003-0142. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.056 & 701.063 History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14 CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04