justicedao/ipfs_state_laws huggingface dataset:
812-003-0380 Converting From Inactive Back to Active Status (1) To convert from an inactive status to an active status, the licensee must: (a) Submit a request to convert to an active status on forms provided by the agency; and (b) Comply with section (3), (4) or (5) of this rule as applicable. (2) A licensee requesting conversion from an inactive status to an active status at the time of renewal must: (a) Submit the fees required under OAR 812-003-0142; (b) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category requested; and (c) Comply with all other licensing requirements prescribed by the Board. (3) A licensee requesting conversion from an inactive status to an active status at a time other than renewal and prior to the expiration date of the license must: (a) Submit all fees to date as required by OAR 812-003-0142 and 812-003-0320; (b) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category requested; and (d) Comply with all other licensing requirements prescribed by the Board. (4) A licensee requesting conversion from an inactive status to an active status during a lapse due to the expiration of the license must: (a) Request the conversion within two years from the date of lapse; (b) Comply with all licensing requirements prescribed by the Board; (c) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category requested; and (d) Submit all fees required under OAR 812-003-0142. (5) If a license is converted from an inactive to an active status, the agency shall establish the effective date of the license. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.056, 701.063 & 701.088 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 7-2007, f. 12-13-07, cert. ef. 1-1-08 CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0390 Revocation, Suspension, or Conditioning of a License (1) Except as provided in section (2) of this rule, if the agency issues a final order, arbitration award, or determination directing a licensee to pay monetary damages or if the licensee enters into a settlement agreement with another person under ORS 701.145 and the licensee or the licensee’s surety fails to pay the order, award, settlement or determination in full, the agency will revoke, suspend, condition, or refuse to issue or reissue a license. (2) Section (1) of this rule shall not apply if the licensee submits proof to the agency that: (a) A United States Bankruptcy Court issued an automatic stay under Title 11 of the United States Bankruptcy Code and that stay is currently in force; or (b) The order, award or determination described in section (1) of this rule arises from a debt that: (A) Is included in an order of discharge issued by a United States Bankruptcy Court; or (B) Is included in a chapter 11 plan and order conforming the plan issued by a United States Bankruptcy Court that prohibits the agency from revoking, suspending, or refusing to issue or reissue the licensee’s contractor’s license and the licensee is in compliance with the terms of the plan and order. (3) The agency shall revoke, suspend, condition, or refuse to issue or reissue a license under section (1) of this rule if: (a) The agency previously was prevented from revoking or suspending a license or was required to issue or reissue a license under section (2) of this rule; and (b) The licensee’s bankruptcy discharge is revoked or the bankruptcy stay is lifted. Statutory/Other Authority: ORS 701.235 & 701.280 Statutes/Other Implemented: ORS 701.098 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0030 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02 CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00 CCB 1-1995, f. & cert. ef. 2-2-95 BB 3-1987, f. 12-30-87, cert. ef. 1-1-88 1BB 3-1984, f. & cert. ef. 5-11-84 1BB 3-1983, f. 10-5-83, cert. ef. 10-15-83 1BB 1-1983, f. & cert. ef. 3-1-83, Renumbered from 812-011-0040 1BB 4-1982, f. & cert. ef. 10-7-82 1BB 1-1982, f. 3-31-82, cert. ef. 4-1-82 1BB 5-1981(Temp), f. 12-30-81, cert. ef. 1-1-82 1BB 6-1980, f. & cert. ef. 11-4-80 1BB 1-1978, f. & cert. ef. 5-23-78 1BB 5, f. 6-15-76, cert. ef. 7-1-76
812-003-0400 Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint If a surety company or financial institution pays all or part of a complaint against a licensed contractor from the contractor’s surety bond, letter of credit or cash deposit, the agency must suspend or refuse to issue or reissue the contractor’s license until the contractor submits to the agency: (1) A properly executed bond, letter of credit or cash deposit in the amount required under ORS 701.068 or 701.088 unless the agency requires a higher amount under 701.068; or (2) A certificate from the contractor’s surety company or financial institution that the surety company or financial institution remains liable for the full original penal sum of the bond, letter of credit or cash deposit, notwithstanding the payment from the surety bond letter of credit or cash deposit. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.068 & 701.088 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 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 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0040 CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02
812-003-0410 Social Security Number (1) The agency will not issue or renew a license issued to a sole proprietorship unless the owner provides his or her social security number on the application or renewal form. The owner need not provide the social security number on the application for renewal, if the owner’s social security number has previously been provided to the agency and is in the record. (2) If the owner of a sole proprietorship has not been issued a social security number by the United States Social Security Administration, the agency will accept a written statement from the owner to fulfill the requirements of section (1) of this rule. The owner may submit the written statement on a specified agency form with the requisite information. Any written statement must: (a) Be signed by the owner; (b) Attest to the fact that no social security number has been issued to the owner by the United States Social Security Administration; and (c) Acknowledge that knowingly supplying false information under this rule is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250. Statutory/Other Authority: ORS 25.990, 183.310, 670.310 & 701.235 Statutes/Other Implemented: ORS 25.270, 25.785, 25.990, 183.310 & 701.046 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 8-2006, f. & cert. ef. 9-5-06 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0420 Davis Bacon Act (1) On all construction projects regulated under the state Prevailing Wage Law, ORS 279C.800 to 279C.870 or the Davis Bacon Act and related acts, 40 USC 276a, the primary contractor shall provide the list of subcontractors required by 701.345, to the contracting public agency and to the Wage and Hour Division of the Bureau of Labor and Industries, 800 NE Oregon #32, Portland OR 97232. (2) The initial list of subcontractors will be submitted to the contracting public agency and to the Wage and Hour Division of the Bureau of Labor and Industries on the same date that the initial Payroll and Certified Statement form (WH-38) is due. Instructions for submitting form WH-38 are contained in OAR 839-016-0010. (3) The primary contractor will prepare and submit updated lists of subcontractors with each submittal of the Payroll and Certified Statement form (WH-38). [ED. NOTE: Forms referenced are available from the agency.] Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 279C.800-279C.870 & 701.345 History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0430 Time Period for Perfecting a Lien or Complaint For liens perfected and complaints: (1) The time period under ORS 701.131(2)(a)(A) and 701.131(2)(b)(C) for a completed application for license to be submitted to the Board is 90 calendar days from the date the contractor became aware of the requirement that the contractor be licensed; (2) The time period under ORS 701.131(2)(b)(A) for a completed application for license renewal to be submitted to the Board is 90 calendar days from the date the contractor became aware of a lapse in license. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.131 History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07 CCB 9-2004, f. & cert. ef. 12-10-04
812-003-0440 Notification of Conviction of a Crime An applicant for a license, including an applicant for a renewed, reissued, reactivated or reinstated license, who has been convicted of a crime listed in ORS 701.098(1)(L) must notify the agency at the time of application that the applicant, or an owner or officer of the applicant, has been convicted of the crime(s). A licensee, RMI, an owner or officer of the licensee who has been convicted of a crime listed in ORS 701.098(1)(L) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction. Notification within 30 days is required even if the license has been suspended by the board or placed on inactive status. Statutory/Other Authority: ORS 701.235 Statutes/Other Implemented: ORS 701.098 History: CCB 2-2024, minor correction filed 10/14/2024, effective 10/14/2024 CCB 2-2018, amend filed 03/27/2018, effective 04/01/2018 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14 CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08 CCB 8-2006, f. & cert. ef. 9-5-06
812-004-1001 Application of Rules (1) The rules in 812-004-1001 to 812-004-1600 apply to complaints filed under ORS 701.145. (2) The following rules apply to complaints filed under ORS 701.146: (a) OAR 812-004-1001 through 812-004-1240; (b) OAR 812-004-1260 through 812-004-1320; (c) OAR 812-004-1340, except 812-004-1340(2)(c), (2)(i) and (8); (c) OAR 812-004-1420; (d) OAR 812-004-1520; and (e) OAR 812-004-1600. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: OAR 701.133, 701.139, 701.140, 701.145 & 701.146 History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17 CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1110 Complaint Processing Fee; Waiver of Fee (1) The complaint processing fee authorized under ORS 701.133 is $50 for a complaint filed under ORS 701.145. There is no complaint processing fee for a complaint filed under ORS 701.146. (2) The agency must collect the processing fee under OAR 812-004-1400. (3) A complainant may request that the agency waive the complaint processing fee described in section (1) of this rule by submitting a properly executed waiver request. The waiver request must be submitted on a form provided by the agency. (4) The agency may waive the complaint processing fee if the waiver request submitted by the complainant shows that: (a) The complainant is an individual; (b) The complainant is unable to pay all or part of the processing fee: (A) Inability to pay must be established by the applicant for the waiver providing average monthly income, and expenses as well as assets and liabilities. (5) A complainant, who requests a waiver of the complaint processing fee under section (3) of this rule, must certify that the information on the request is true. (6) The agency may require that the complainant pay a complaint processing fee of $97 if the agency finds that the complainant provided false information on a request for a waiver of the complaint processing fee submitted under section (3) of this rule. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133 & 701.146 History: CCB 1-2022, amend filed 06/16/2022, effective 07/01/2022 CCB 3-2019, amend filed 12/17/2019, effective 01/01/2020 CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1120 Liability of Licensee A licensee, as defined in OAR 812-002-0450, participating in a corporation wholly owned by the licensee, or a limited liability partnership, limited liability company, joint venture, limited partnership or partnership, may be held individually liable for complaints brought under ORS 701.131 to 701.180, whether or not the corporation, limited liability partnership, limited liability company, joint venture, limited partnership, or partnership was licensed as required by ORS Chapter 701. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133 & 701.146 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1140 Liability of Contractor for Complaint Related to Contractor’s Property (1) If an employee complaint, material complaint or subcontractor complaint arises from property owned by a licensed contractor, the licensed contractor is a contractor subject to ORS Chapter 701 unless the contractor supplies pre-contract written notice to suppliers, subcontractors, and other potential complainants that the property is for the contractor’s personal use and that the contractor is not subject to ORS Chapter 701, as provided in 701.010(7). (2) If a licensed contractor files a complaint against another licensed contractor arising from property owned by the contractor filing the complaint, the contractor filing the complaint is a contractor subject to ORS Chapter 701 unless the property is for the contractor’s personal use and occupancy. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: OAR 701) History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1160 Establishment of Co-Complainant The agency may allow a person to become a co-complainant, with the complainant’s permission, even though that person did not sign the complaint form if the person would otherwise qualify as a complainant. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.140 & 701.145 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1180 Complainant’s Responsibility to Pursue Complaint (1) Throughout the processing of a complaint, a complainant has the responsibility to pursue the complaint and to respond in a timely manner to requests from the agency for information or documents. (2) The agency may close a complaint under OAR 812-004-1260 if: (a) The complainant does not respond to a written request from the agency, or to provide requested information or documents within a time limit specified in that request; or (b) The complainant does not respond in writing to a written request from the agency, after being instructed to do so by the agency. (3) A written request from the agency under section (2) of this rule must comply with the requirements of OAR 812-004-1260(2). Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.145) History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1195 Exhibits (1) If a party to a complaint submits a document that is larger than 8-1/2 inches by 14 inches or a photograph as an exhibit, the agency may require that the party submit four copies of the document or photo. (2) The disposal of large exhibits is subject to OAR 812-001-0130. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: OAR 701.145 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1210 Address of Complainant and Respondent (1) All communications directed to the last known address of record of a party to a complaint is considered delivered when deposited in the United States mail and sent by regular mail. (2) A party must notify the agency in writing within 10 days of any change in the party's address, e-mail address, withdrawal or change of the party's attorney or change of address of the party's attorney during the processing of the complaint and until 90 days after the date the agency notifies the parties that the complaint is closed. (3) Following initial notification of an accepted complaint, communications may be made by regular mail or email. Statutory/Other Authority: ORS 701.235 Statutes/Other Implemented: ORS 701.117 History: CCB 2-2023, amend filed 11/30/2023, effective 01/01/2024 CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1240 Exhaustion of Surety Bond, Letter of Credit or Cash Deposit The agency may continue processing a complaint even though the surety bond, letter of credit or cash deposit related to that complaint is exhausted by prior complaints. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: OAR 701.068, 701.088, 701.145 & 701.150 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1250 Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs (1) For complaints filed under ORS 701.145, the agency may include the following costs in the amount of a judgment that is subject to payment by a surety or financial institution: (a) Court costs; (b) Interest; (c) Costs, other than attorney fees, to pursue litigation or the complaint; or (d) Service charges or fees. (2) For complaints filed under ORS 701.145, the agency’s determination of payment due from a surety or financial institution may not include amounts arising out of claims for anything other than construction work involving negligence, improper work or breach of contract. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: OAR 701.068, 701.088, 701.133, 701.145 & 701.146 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1260 Closing a Complaint (1) The agency may close a complaint because: (a) The complainant did not act in response to a request from the agency; (b) The complaint is not the type of complaint that the agency has jurisdiction to determine under ORS 701.140; (c) The complaint was not filed within the time allowed under ORS 701.143; (d) The complainant failed to pay the complaint processing fee as required under OAR 812-004-1110 and 812-004-1400; (e) The complaint contains a mediation or arbitration agreement that the complainant has not waived; (f) The complainant does not comply with the on-site meeting requirements as provided in OAR 812-004-1450(2); (g) The complainant and respondent settle the complaint as provided in OAR 812-004-1500; (h) The complainant does not, within 30 days of the date of completion of the settlement agreement, notify the agency whether the terms of the settlement agreement have been fulfilled; (i) The complainant fails to provide documents to the agency as required by OAR 812-004-1520; or (j) The agency does not timely receive evidence of a stay or counter-suit on a construction lien complaint, as provided in OAR 812-004-1530. (2) The agency may close a complaint under section (1) of this rule if the agency notifies the complainant that complainant must provide information or that complainant must comply with an agency rule and that: (a) Failing to respond to the agency’s request may result in closing the complaint; and (b) Closing the complaint will prevent access to the bond, letter of credit or cash deposit. (3) The agency may not close the complaint sooner than 14 days after giving the notice required in subsection (2) of this rule. (4) The agency may, within 60 days after closing a complaint, reopen a complaint closed under section (1) of this rule if the complainant did not comply with the agency’s request or failed to comply with an agency rule due to excusable neglect by the complainant. The agency may reopen the complaint after receiving evidence supporting reopening the complaint. (5) The agency’s determination to close a complaint is an order in other than a contested case. (6) The agency’s determination to close a complaint is subject to judicial review under ORS 183.484. (7) A party must file a motion for reconsideration of the agency’s determination to close a complaint before seeking judicial review of the order. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133, 701.140, 701.145 & 701.146 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1300 Filing Date of Complaint (1) Except as provided under section (3) and (6) of this rule, a complaint filed with the agency under ORS 701.139 is deemed to have been filed when a complaint is received by the agency that: (a) Meets the requirements of OAR 812-004-1340(1) and (2)(m); and (b) Contains information sufficient to identify the complainant and respondent. (2) The agency must return a complaint that does not meet the requirements of section (1) of this rule to the person who submitted the complaint. (3) If the agency returns a complaint to a person under section (2) of this rule because the person did not meet the requirements of OAR 812-004-1340(2)(m) related to pre-complaint notice, that person may resubmit the complaint with the required evidence. If the resubmitted complaint satisfies the agency that the person met the requirements under OAR 812-002-1340(2)(m) before the agency received the original complaint, the complaint is deemed to have been filed on the date the complaint was first received by the agency. (4) A complaint that does not fully comply with the requirements of OAR 812-004-1340 is subject to OAR 812-004-1350. (5) The date of filing of a complaint submitted to the agency for processing under ORS 701.146 is the date when the complainant complies with ORS 701.133(1) and 701.146(2). (6) The date of filing of a complaint submitted to the agency for processing under Oregon Laws 2019, chapter 444 is the date the wage claim was received by the Bureau of Labor and Industries (BOLI). Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.133, 701.139, 701.143, 701.145 & 701.146 History: CCB 3-2019, amend filed 12/17/2019, effective 01/01/2020 CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12
812-004-1350 Procedure if Information on Complaint Form is Incomplete If the agency receives a complaint form that does not meet the requirements of OAR 812-004-1340, the agency may close the complaint if the complainant does not provide the missing information in response to a written request for the information from the agency. The written request and closure must comply with OAR 812-004-1260. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.131, 701.133, 701.139, 701.140, 701.143, 701.145 & 701.146 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11 CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12