justicedao/ipfs_state_laws huggingface dataset:
812-005-0140 Emergency Suspension Effective January 1, 2024, the Administrator of the Board may immediately suspend or refuse to renew a license without a prior hearing, in accordance with ORS 701.098(4), in cases where the Administrator of the Board has in its possession a prima facie case of a wrongful act as described in 701.098(4)(a)(A)–(G) having been committed by a contractor and upon a finding by the Administrator that the contractor is a serious danger to the public welfare. The respondent shall be entitled to a hearing on the Administrator’s action if the respondent requests such a hearing within 90 days after the date of the notice to the respondent, as provided in 701.098(4)(b). Statutory/Other Authority: ORS 183.310 to 183.500, 701.235 & 701.992 Statutes/Other Implemented: ORS 701.098 & 701.102 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 3-2012, f. & cert. ef. 3-2-12 CCB 14-2011(Temp), f. & cert. ef. 10-24-11 thru 4-20-12 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-005-0000(2) CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 6-1997, f. & cert. ef. 11-26-97 CCB 4-1995, f. & cert. ef. 10-5-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 7-1992, f. & cert. ef. 12-4-92 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91 CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91 CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 4-1985, f. & cert. ef. 12-8-85, Renumbered from 812-11-080 1BB 1-1983, f. & cert. ef. 3-1-83, Renumbered from 812-11-080 1BB 4-1982, f. & cert. ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 2-1981, f. & cert. ef. 6-4-81 1BB 8-1980, f. & cert. ef. 12-9-80 1BB 7-1980(Temp), f. & cert. ef. 11-4-80
812-005-0150 Collection The agency may initiate its own collection proceedings, assign the matter to another public or private agency for collection, or commence an action as set forth in ORS 701.992(2). Statutory/Other Authority: ORS 670.310, 701.235 & 701.992 Statutes/Other Implemented: ORS 701.102 History: Renumbered from 812-005-0000, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 6-1997, f. & cert. ef. 11-26-97 CCB 4-1995, f. & cert. ef. 10-5-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 7-1992, f. & cert. ef. 12-4-92 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91 CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91 CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 4-1985, f. & ef. 12-8-85, Renumbered from 812-011-0080 1BB 1-1983, f. & cert. ef. 3-1-83 1BB 4-1982, f. & ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 2-1981, f. & cert. ef. 6-4-81 1BB 8-1980, f. & cert. ef. 12-9-80 1BB 7-1980(Temp), f. & cert. ef. 11-4-80
812-005-0160 Failure to Pay a Civil Penalty or Abide by Settlement Agreement (1) The agency may revoke, suspend, condition or refuse to issue or reissue the license of any contractor who fails to pay on demand a civil penalty which has become due and payable. (2) The agency may revoke, suspend, condition or refuse to issue or reissue the license of any contractor who fails to abide by the financial portion of any settlement agreement with another person, entered into under ORS 701.145, which has become due and payable. The agency may also take into consideration the failure to abide by any non-financial terms of a settlement agreement. Statutory/Other Authority: ORS 701.235 & 701.992 Statutes/Other Implemented: ORS 701.098 & 701.102 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-005-0000(4) CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 6-1997, f. & cert. ef. 11-26-97 CCB 4-1995, f. & cert. ef. 10-5-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 7-1992, f. & cert. ef. 12-4-92 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91 CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91 CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 4-1985, f. & cert. ef. 12-8-85, Renumbered from 812-011-0080 1BB 1-1983, f. & cert. ef. 3-1-83 1BB 4-1982, f. & cert. ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 2-1981, f. & cert. ef. 6-4-81 1BB 8-1980, f. & cert. ef. 12-9-80 1BB 7-1980(Temp), f. & cert. ef. 11-4-80
812-005-0170 Status of Backdated License Notwithstanding any back-dating of a renewal, a person shall be in violation of ORS 701.021 if, at the time a person undertakes, offers to undertake, or submits a bid to do work as a contractor, the person is not actively licensed with the Board. Statutory/Other Authority: ORS 670.310, 701.235 & 701.992 Statutes/Other Implemented: ORS 701.021 & 701.102 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-005-0000(5) CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 6-1997, f. & cert. ef. 11-26-97 CCB 4-1995, f. & cert. ef. 10-5-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 7-1992, f. & cert. ef. 12-4-92 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91 CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91 CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 4-1985, f. & ef. 12-8-85, Renumbered from 812-011-0080 1BB 1-1983, f. & cert. ef. 3-1-83 1BB 4-1982, f. & cert. ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 2-1981, f. & cert. ef. 6-4-81 1BB 8-1980, f. & cert. ef. 12-9-80 1BB 7-1980(Temp), f. & cert. ef. 11-4-80
812-005-0180 Suspension of Civil Penalty At the agency’s discretion, all or part of a civil penalty may be suspended, if: (1) The respondent provides written proof of having completed one or more pre-licensure training courses as provided by Division 6 of these rules; and/or (2) The respondent makes timely payment of any agreed-upon reduced penalty amount; and/or (3) The respondent provides other consideration found to be acceptable by the agency. Statutory/Other Authority: ORS 670.310, 701.235 & 701.992 Statutes/Other Implemented: ORS 701.102 History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-005-0000(6) CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98 CCB 6-1997, f. & cert. ef. 11-26-97 CCB 4-1995, f. & cert. ef. 10-5-95 CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94 CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93 CCB 7-1992, f. & cert. ef. 12-4-92 CCB 2-1992, f. & cert. ef. 4-15-92 CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91 CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91 CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90 CCB 1-1989, f. & cert. ef. 11-1-89 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88, Renumbered from 812-011-0080 1BB 1-1983, f. & cert. ef. 3-1-83 1BB 4-1982, f. & cert. ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 2-1981, f. & cert. ef. 6-4-81 1BB 8-1980, f. & cert. ef. 12-9-80 1BB 7-1980(Temp), f. & ef. 11-4-80
812-005-0200 Unpaid Final Orders, Arbitration Awards or Determinations that Exceed the Contractor’s Bond, Letter of Credit or Cash Deposit (1) Under ORS 701.068(5), the agency must suspend the license of a licensee if the agency issues a final order, arbitration award or determination on a complaint that exceeds the amount of the bond, letter of credit or cash deposit available to pay the order, arbitration award or determination. (2) A suspension issued under section (1) of this rule must remain in effect until the unpaid amount of the order, arbitration award or determination is paid or until the license of the licensee expires. (3) The agency may not reinstate or renew a license suspended under section (1) of this rule until the final order, arbitration award or determination described in section (1) of this rule and any subsequently issued order, arbitration award or determination that is unpaid, is paid, or discharged in bankruptcy. (4) As a condition of ending a suspension or renewing a license that was suspended under ORS 701.068, and section (1) of this rule, the agency may require a licensee to file a bond, letter of credit or cash deposit up to five times as much as the amount required of a licensee under 701.081 or 701.084. The amount of the increased bond, letter or credit or cash deposit required must conform to the following schedule: (a) If the sum of unpaid amounts on final orders, arbitration awards and determinations described in section (4) of this rule exceeds the licensee’s most recent bond, letter of credit or cash deposit by less than 50 percent, the agency may require a bond, letter of credit or cash deposit two times the amount required under ORS 701.081 or 701.084. (b) If the sum of the unpaid final orders, arbitration awards and determinations described in section (4) of this rule exceeds the licensee’s most recent bond, letter of credit or cash deposit by 50 percent or more, but less than 100 percent, the agency may require a bond, letter of credit or cash deposit three times the bond, letter of credit or cash deposit amount required under ORS 701.081 or 701.084. (c) If the sum of unpaid amounts on final orders, arbitration awards and determinations exceeds the licensee’s most recent bond, letter of credit or cash deposit by 100 percent or more, the agency may require a bond, letter of credit or cash deposit in the amount of five times the normal amount required under ORS 701.081 or 701.084. (d) For purposes of this section, if a contractor has both residential and commercial bonds, the increased bond requirement will apply to both bonds, even if the unpaid amounts occurred only with respect to one of the two bonds. Statutory/Other Authority: ORS 670.310, 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 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 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06, Renumbered from 812-003-0170(3)(c) CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05 CCB 9-2004, f. & cert. ef. 12-10-04
812-005-0250 Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement (1) Under ORS 701.068 or 701.088 after three years of operating under the increased bond, letter of credit or cash deposit, an applicant or licensee may submit a written request to the agency to be relieved of that obligation after demonstrating three full years of acceptable business practices while having posted the increased bond, letter of credit or cash deposit. (2) Petitions for return to normal bond, letter of credit or cash deposit requirements under ORS 701.068 or 701.088 must be made in writing and delivered to the agency. The petition should address each requirement set forth in section (3) of this rule. (3) The agency shall consider the applicant’s or licensee’s petition. The agency shall grant the petition for return to a normal bond if, within three-years period in which the increased bond was in effect, applicant or licensee satisfies all of the following requirements. (a) The applicant or licensee complied with all provisions of a Dispute Resolution Services final orders, settlement agreements, arbitration awards or determinations. (b) The applicant or licensee paid unpaid construction related court judgments issued against the applicant or licensee. (c) The agency did not issue any enforcement final order against the applicant or licensee. (d) There were no criminal convictions for any of the crimes set forth in ORS 701.098(L) entered against the applicant or licensee, its owners or officers. (4) If the applicant or licensee fails to satisfy all of the conditions set forth in section (3), the agency will require the applicant or licensee to maintain the increased bond for an additional three years from the date of the agency’s decision. After that three year period, the applicant or licensee may again petition to return to a normal bond. (5) The agency shall notify the licensee or applicant in writing of the agency’s decision within 30 days of receiving the petition. (6) If the agency denies the petition, the agency shall notify the licensee or applicant of the reasons for the denial. The licensee or applicant may seek judicial review of the agency’s denial as an order in other than a contested case. Statutory/Other Authority: ORS 701.068, 701.088 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 3-2012, f. & cert. ef. 3-2-12 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 9-2006, f. & cert. ef. 9-5-06
812-005-0270 Duty to Submit Evidence of Management or Supervisory Authority Upon request from the agency, a licensee must submit evidence to support compliance with the requirement that a responsible managing individual of the licensee exercises management or supervisory authority over the construction activities of the business as defined under OAR 812-002-0265. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 & 701.091 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08
812-005-0500 Form of Complaint Regarding Public Contracts (1) A person providing information to the agency must submit the information on a form provided by the agency if the information is submitted for purposes of: (a) ORS 701.227 alleging that a contractor failed to pay a person who supplied labor or materials within 60 days after the date when the contractor received payment; or (b) ORS 279C.590, in accordance with the subcontractor disclosure requirements pursuant to 279C.370. (2) The agency may require the use of the most recent version of a form submitted under section (1) of this rule. Statutory/Other Authority: ORS 670.310, 701.098, 701.235 & 701.227 Statutes/Other Implemented: ORS 701.098, 701.227 & 279C.590 History: CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08 Renumbered from 812-005-0003, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 2-2002, f. & cert. ef. 3-1-02 CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 5-2000(Temp), f. & cert. ef. 5-9-00 thru 11-4-00
812-006-0110 Temporary Responsible Managing Individual (1) If a contractor or business is required by ORS chapter 701 to have a responsible managing individual (RMI) and the appointed RMI ceases to serve as the RMI for any reason, the contractor or business may appoint a temporary RMI. To appoint a temporary RMI, the contractor or business must, within 3 calendar days of appointment, notify the board that the contractor or business has appointed a temporary RMI. (2) The contractor or business must provide the following information to the board: (a) The name of the previously appointed RMI; (b) The date the previously appointed RMI ceased acting as the RMI for the contractor or business; (c) The date the contractor or business appointed the temporary RMI; (d) The name and address of the temporary RMI; and (e) The temporary RMI’s relationship to the contractor or business. (3) A temporary RMI may serve for a period not to exceed 14 days from the date of notification to the board. Not later than 14 days from the date of notification, the contractor or business must have an RMI qualified under ORS 701.122 and OAR 812-006-0100. (4) A contractor or business may not appoint a temporary RMI upon initial application. (5) Failure to maintain an RMI will result in suspension of the license of the contractor or business. Statutory/Other Authority: ORS 701.122 & 670.310 Statutes/Other Implemented: ORS 701.005, 701.091 & 701.122 History: CCB 1-2018, adopt filed 03/27/2018, effective 04/01/2018 CCB 5-2017, temporary adopt filed 12/27/2017, effective 01/01/2018 through 06/29/2018
812-006-0150 Pre-Licensure Training Requirements (1) Except as provided in OAR 812-006-0160 and 812-006-0162, the pre-licensure training required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250. (2) Pre-licensure training shall consist of at least 16 hours. (3) Except as provided in: (a) OAR 812-006-0160 and 812-006-0162 pre-licensure training must be provided by a training provider approved by the agency as provided in OAR 812-006-0200; and also, (b) OAR 812-006-0164, where pre-licensure training is provided pursuant to an interagency agreement with an Oregon community college Small Business Development Center, pre-licensure training must be provided by a training provider approved by the agency as provided in OAR 812-006-0160 or OAR 812-006-0200. (4) A person seeking to take the pre-licensure training shall: (a) Pay any fees required by the pre-licensure training provider; and (b) Provide approved U.S. government-issued picture identification to the pre-licensure training provider. Statutory/Other Authority: ORS 670.310, 701.122, 701.235 & OR Laws 2018, Ch 46, Secs 1,2 Statutes/Other Implemented: ORS 701.122 & OR Laws 2018, Ch 46, Secs 1,2 History: CCB 4-2018, amend filed 08/23/2018, effective 01/01/2019 CCB 3-2018, amend filed 06/29/2018, effective 07/01/2018 CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16 CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13 CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06
812-006-0160 Pre-Licensure Training Requirements for NASCLA Accredited Examination for Commercial General Building Contractors (1) RMIs that pass the NASCLA Accredited Examination for Commercial General Building Contractors and the Oregon pre-licensure test satisfy the pre-licensure training requirement in ORS 701.122 by studying the material contained in the reference list published by NASCLA or by any state that uses or accepts the NASCLA examination. (2) Reference study materials may include, but are not limited to: (a) BCSI: Guide to Good Practice for Handling, Installing, Restraining and Bracing of Metal Plate Connected Wood Trusses; (b) Construction Jobsite Management; (c) NASCLA Contractors’ Guide to Business, Law and Project Management; (e) Training and Certification of Field Personnel for Unbonded Post-Tensioning — Level One; (f) Management of Construction Projects – A Constructor’s Perspective; (g) Manual of Construction with Steel Deck; (h) Pipe and Excavation Contracting; (i) Gypsum Construction Handbook; (j) Placing Reinforcing Bars, Recommended Practices; (k) Technical Digest No. 9 — Handling and Erection of Steel Joists and Joist Girders; (l) Modern Masonry — Brick, Block, Stone; (m) Principles and Practices of Commercial Construction; (n) Code of Federal Regulations, 29 CFR Part 1926 (OSHA); (o) Code of Federal Regulations, 29 CFR Part 1926 Selections by PSI; (p) Carpentry and Building Construction; (q) ANSI Accessible and Usable Buildings and Facilities; (r) Roofing Construction and Estimating; (s) The Contractor’s Guide to Quality Concrete Construction; (t) Green Building Fundamentals; and (u) International Building Code. (3) Study of the reference materials qualifies as pre-licensure training under ORS 701.122, regardless of when the study was started and finished. Statutory/Other Authority: ORS 670.310, 701.122 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16
812-006-0162 Special Exemption Exemption from Pre-Licensure Training for Sole Proprietorships Seeking a New License as a Residential General Contractor or Residential Specialty Contractor under Oregon Laws 2018, Chapter 46, Sections 1 and 2. (1) Pursuant to Oregon Laws 2018, chapter 46, sections 1 and 2, an individual operating as a sole proprietorship may seek a new license as a residential general contractor or residential specialty contractor without completing pre-licensure training, provided that: (a) The sole proprietorship otherwise meets the qualifications for a license as a residential general contractor or residential specialty contractor, including, but not limited to, obtaining and maintaining a required bond and insurance policy; (b) The sole proprietorship is not precluded from being licensed by ORS 701.098, 701.106 or 701.107; (c) The individual owner of the sole proprietorship is not precluded from being licensed as an owner, officer or responsible managing individual described under ORS 701.102; and (d) The individual owner of the sole proprietorship has eight or more years of full-time work experience in the construction, alteration, repair, addition to or improvement of residential structures or small commercial structures. (2) The Construction Contractors Board will require verification of the work experience described in subsection (1)(d) of this rule. Verification may include, but is not limited to: (a) A summary of companies that will provide a reference for the applicant; (b) A summary of the applicant’s work experience; and (c) Verification, by notarized statement or otherwise, of the applicant’s work experience provided by the listed references. (3) This exemption expires January 2, 2022. Statutory/Other Authority: ORS 670.310, 701.122, 701.235 & OR Laws 2018, Ch 46, Secs 1,2 Statutes/Other Implemented: OR Laws 2018, Ch 46, Secs 1,2 History: CCB 4-2018, adopt filed 08/23/2018, effective 01/01/2019
812-006-0164 Pre-License Training Alternative Applicants whose RMI’s complete and pass the Contractor Pre-License Business, Law, and Project Management, Training Institute course, developed by an Oregon community college Small Business Development Center, under an Intergovernmental Agreement, will satisfy the pre-licensure training requirement and testing requirement set forth in ORS 701.122. Statutory/Other Authority: ORS 670.310, 701.122 & 701.235 Statutes/Other Implemented: ORS 701.122 History: CCB 3-2018, adopt filed 06/29/2018, effective 07/01/2018