reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.501 - Home services contractor license; exemption from testing and continuing education.

(1) As used in this section, "home" and "home service agreement" have the meanings given those terms in ORS 731.164.
(2) A home services contractor license authorizes the holder to operate a business providing service, repair or replacement for homes through a licensed contractor under a home service agreement.
(3) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home services contractor.
(4) Notwithstanding ORS 701.122, the board may not require a home services contractor to take a test measuring the knowledge of the contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [Formerly 701.610]
Note:
701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.501 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 701.501 for the repeal of 701.126 has not been made.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.505 - Definitions for ORS 701.505 to 701.515.

For the purposes of ORS 701.505 to 701.515:
(1) "Abatement" has the meaning given that term in P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350.
(2) "Accredited training program" means a training program that has been accredited by the Oregon Health Authority to provide training for individuals engaged in lead-based paint activities.
(3) "Certified lead-based paint renovation contractor" means a contractor that is licensed by the Construction Contractors Board to conduct lead-based paint renovation under ORS 701.515.
(4) "Inspection" has the meaning given that term in P.L. 102-550, section 1004, 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350.
(5) "Lead-based paint" has the meaning given that term in P.L. 102-550, section 1004, and as further defined pursuant to the authorities described in ORS 431A.350.
(6) "Lead-based paint activities" has the meaning given that term in 40 C.F.R. 745.223 and as further defined pursuant to the authorities described in ORS 431A.350.
(7) "Lead-based paint activities contractor" means a contractor that is licensed by the Construction Contractors Board to conduct lead-based paint activities under ORS 701.515.
(8) "Renovation" has the meaning given that term in 40 C.F.R. 745.83 and as further defined pursuant to the authorities described in ORS 431A.350. [1995 c.795 §3; 2009 c.595 §1112; 2009 c.828 §68]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.510 - License required to engage in lead-based paint activity.

(1) A contractor may not perform lead-based paint activities in this state unless the contractor is a lead-based paint activities contractor.
(2) A contractor may not perform lead-based paint renovation in this state unless the contractor is a certified lead-based paint renovation contractor.
(3) A lead-based paint activities contractor or certified lead-based paint renovation contractor must comply with the provisions of ORS 431A.355 and 701.505 to 701.515 and any rules adopted pursuant thereto.
(4) A construction contractor who successfully completes an accredited training program in lead-based paint activities qualifies to have certification in that activity included in the professional credentials of the contractor as described in ORS 701.120. The provisions of this subsection do not affect the licensing requirements established in ORS 701.515. [1995 c.795 §4; 2001 c.428 §3; 2009 c.757 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.515 - Licensing system; fees; rules.

(1) In accordance with applicable provisions of ORS chapter 183, the Construction Contractors Board by rule shall establish a system to license contractors as lead-based paint activities contractors and certified lead-based paint renovation contractors. The licensing system must include the requirements described in 40 C.F.R. 745.226. The licensing system must include but need not be limited to provisions:
(a) Prescribing the form and content of the times and procedures for submitting applications for licensing or renewal.
(b) Prescribing the fees for original licensing and renewal of the license in amounts that do not exceed the cost of administering the program.
(c) Requiring an applicant for a certified lead-based paint renovation contractor license to show that an employee of the applicant has completed an accredited training program.
(d) Prescribing the actions or circumstances that constitute failure to achieve or maintain licensing requirements, or that otherwise are contrary to the public interest, for which the board may refuse to issue or renew or may suspend or revoke a lead-based paint activities contractor or certified lead-based paint renovation contractor license.
(2) The board may establish by rule the requirements for specific types of licenses for lead-based paint activities contractors.
(3) The board may impose the following licensing fees:
(a) Lead abatement contractor, up to $50 per year;
(b) Lead inspection contractor, up to $50 per year;
(c) Lead supervisor or lead contractor, up to $50 per year;
(d) Lead inspector or assessor, up to $50 per year;
(e) Lead worker, up to $25 per year; and
(f) Certified lead-based paint renovation contractor, up to $50 per year. [1995 c.795 §5; 2009 c.757 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.520 - Construction Contractors Board Lead-Based Paint Activities Fund.

The Construction Contractors Board Lead-Based Paint Activities Fund is established in the State Treasury, separate and distinct from the General Fund. Interest earned by the Construction Contractors Board Lead-Based Paint Activities Fund shall be credited to the fund. The fund consists of moneys received by the Construction Contractors Board under ORS 701.995. Moneys in the fund are continuously appropriated to the Construction Contractors Board for the purposes of lead poisoning prevention, including consumer and industry outreach, public education and other activities. [2009 c.757 §11]
Note:
701.520 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.527 - Definitions for ORS 702.527 to 701.536.

As used in ORS 701.527 to 701.536:
(1) "Home energy assessor" means a person who assigns residential buildings a home energy performance score.
(2) "Home energy performance score" means a score assigned to a residential building using the home energy performance score system adopted by the State Department of Energy under ORS 469.703. [2013 c.383 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.529 - Certification and licensing requirements; use of title.

(1) An individual may not undertake, offer to undertake or submit a bid to do work as a home energy assessor unless the individual is certified as a home energy assessor under ORS 701.532.
(2) A business may not undertake, offer to undertake or submit a bid to assign home energy performance scores unless the business:
(a) Is licensed by the Construction Contractors Board under this chapter or endorsed as a residential contractor by the board under ORS 701.534; and
(b) Has an owner or an employee who is certified as a home energy assessor under ORS 701.532.
(3) A person may not use the title of home energy assessor or any title that indicates or tends to indicate that the person is a home energy assessor or an assignor of home energy performance scores unless the person is certified as a home energy assessor under ORS 703.532 or is a business licensed by the board under this chapter or endorsed by the board under ORS 701.534 that has an owner or an employee who is certified as a home energy assessor under ORS 701.532.
(4) A person may not use any sign, card or device that indicates or tends to indicate that the person is a home energy assessor or an assignor of home energy performance scores unless the person is certified as a home energy assessor under ORS 701.532 or is a business licensed by the board under this chapter or endorsed by the board under ORS 701.534 that has an owner or an employee who is certified as a home energy assessor under ORS 701.532. [2013 c.383 §4]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.532 - Home energy assessor certification; training; rules; fees.

(1) The Construction Contractors Board shall certify an individual as a home energy assessor if the individual meets the requirements of this section and of any rule adopted by the board under this section. A home energy assessor certificate must be renewed annually.
(2) The board shall require that an applicant for a home energy assessor certificate present proof of passing a training program designated by the State Department of Energy under ORS 469.703.
(3) The board may adopt rules to regulate the practice of assigning home energy performance scores, including:
(a) Prescribing the form and manner of applying for a home energy assessor certificate;
(b) Establishing procedures for the issuance, renewal or revocation of a home energy assessor certificate; and
(c) Establishing fees necessary for the administration of ORS 701.527 to 701.536 that do not exceed the following amounts:
(A) $100 for application for a home energy assessor certificate;
(B) $100 for issuance of an initial one-year home energy assessor certificate; and
(C) $100 for renewal of a one-year home energy assessor certificate. [2013 c.383 §5]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.536 - Assessor and contractor exemption from testing and continuing education.

(1) Notwithstanding ORS 701.126, the Construction Contractors Board may not impose a continuing education requirement for a home energy assessor or a home energy performance score contractor.
(2) Notwithstanding ORS 701.122, the board may not require a home energy assessor or a home energy performance score contractor to take a test measuring the knowledge of the home energy assessor, contractor or responsible managing individual regarding business practices and laws affecting construction contractors. [2013 c.383 §7]
Note:
701.126 was repealed by section 6, chapter 718, Oregon Laws 2013. The text of 701.536 was not amended by enactment of the Legislative Assembly to reflect the repeal. Editorial adjustment of 701.536 for the repeal of 701.126 has not been made.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.545 - Provision of accessible features list to purchaser; effect.

(1) As used in this section and ORS 701.547:
(a) "Developer" means a person who contracts to construct, or arrange for the construction of, new residential housing on behalf of, or for the purpose of selling the residential housing to, a specific individual the person knows is the purchaser of the residential housing.
(b) "Residential housing":
(A) Means a structure designed for use as a residence and containing dwelling units for three or fewer families.
(B) Means a structure that is a condominium as defined in ORS 100.005.
(C) Does not mean a manufactured structure as defined in ORS 174.101.
(2) A developer who enters into a contract to construct or arrange for the construction of new residential housing may, at the time of providing a purchaser with a written contract, also provide the purchaser with a list of features that may make residential housing more accessible to a person with a disability. The list may include the features identified in the model list of features adopted by the Construction Contractors Board by rule under ORS 701.547.
(3) The inclusion of a feature on the list supplied by the developer under subsection (2) of this section does not obligate the developer to make the feature available to a purchaser. The list supplied by the developer may specify for each feature whether the feature is standard, optional, available on a limited basis or unavailable from the developer. If a listed feature is available from the developer as an option or on a limited basis, the list of features may specify the stage of construction by which the purchaser must submit to the developer any request that the residential housing be constructed with that feature.
(4) This section, or the inclusion of a feature on the model list developed under ORS 701.547, does not affect the requirement that installation of a feature comply with the state building code or be approved under ORS 455.060. [Formerly 701.525; 2019 c.422 §39]
Note:
701.545 and 701.547 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.547 - Model list of accessibility features; rules.

The Construction Contractors Board shall adopt by rule a model list of features recommended for inclusion in a list of features that a developer supplies to a purchaser of residential housing under ORS 701.545. In developing the model list of features, the board shall solicit the comments of advocacy groups and other organizations serving persons with disabilities. [Formerly 701.530]
Note:
See note under 701.545.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.550 - Notice of Department of Consumer and Business Services rules regarding thermostats containing mercury.

The Construction Contractors Board shall provide an annual notice to each contractor licensed under this chapter that informs contractors of the rules developed by the Director of the Department of Consumer and Business Services pursuant to ORS 455.355 prohibiting the installation of thermostats that contain mercury and requiring proper disposal of thermostats that contain mercury. [2001 c.924 §22]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.555 - Barrier-type exterior insulation and finish systems.

(1) As used in this section, "barrier-type exterior insulation and finish system" means a foam insulation board inner layer, a polymer and cement base coat middle layer reinforced with glass fiber mesh and a textured finish coat exterior layer, in which:
(a) The layers are bonded to the outside face of an exterior wall;
(b) The middle or exterior layer, but not the inner layer, provides a water resistant barrier for the exterior of the building envelope;
(c) The layers do not provide a means of drainage for water that accumulates behind the exterior surface; and
(d) The layers insulate the building.
(2) A person licensed or required to be licensed under this chapter may not install a barrier-type exterior insulation and finish system on:
(a) A new building; or
(b) An existing building, except as necessary to repair or replace a previously installed barrier-type exterior insulation and finish system.
(3) Subsection (2) of this section does not apply to the application of a barrier-type exterior insulation and finish system:
(a) As an architectural feature that is not intended to protect an interior space of the building; or
(b) To a concrete wall or a concrete masonry unit block wall. [2007 c.851 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.560 - Definitions for ORS 701.560 to 701.595 and 701.605.

As used in ORS 701.560 to 701.595 and 701.605:
(1) "Contractor" means a person that performed services for the construction, alteration or repair of a residence.
(2) "Defect" means a deficiency, an inadequacy or an insufficiency arising out of or relating to the construction, alteration or repair of a residence. "Defect" includes a deficiency, an inadequacy or an insufficiency in a system, component or material incorporated into a residence.
(3) "Owner" means a person that possesses an interest in a residence or in land that is a residential site or has entered into a contract for the purchase of an interest in the residence or land. "Owner" includes:
(a) A homeowners association as defined in ORS 94.550;
(b) A managing entity as defined in ORS 94.803;
(c) An owners’ association as described in ORS 94.858;
(d) An association of unit owners as defined in ORS 100.005; and
(e) Any other entity that possesses an interest in a residence or represents owners of a residence.
(4) "Remediation" means the repair or replacement of some or all of the defects described in an owner’s notice of defect sent under ORS 701.565.
(5) "Residence" means:
(a) A residential structure as defined in ORS 701.005;
(b) Common property as defined in ORS 94.550; and
(c) A common element as defined in ORS 100.005.
(6) "Secondary notice" means a copy of an owner’s notice of defect that a contractor, subcontractor or supplier sends to another contractor, subcontractor or supplier that may be responsible for a defect.
(7) "Subcontractor" means any person that performed services for the construction, alteration or repair of a residence at the request or direction of a contractor.
(8) "Supplier" means any person that furnished or manufactured the systems, components or materials incorporated into a residence as part of the construction, alteration or repair of the residence. [2003 c.660 §1]
Note:
701.560 to 701.605 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.565 - Notice of defect requirement; contents; mailing.

(1) Except as provided in ORS 701.600, an owner may not compel arbitration or commence a court action against a contractor, subcontractor or supplier to assert a claim arising out of or related to any defect in the construction, alteration or repair of a residence or in any system, component or material incorporated into a residence located in this state unless the owner has sent that contractor, subcontractor or supplier a notice of defect as provided in this section and has complied with ORS 701.575.
(2) An owner must send a notice of defect by registered or certified mail, return receipt requested. If a notice of defect is sent to a contractor or subcontractor, the owner must send the notice to the last known address for the contractor or subcontractor as shown in the records of the Construction Contractors Board. If a notice of defect is sent to a supplier, the owner must send the notice to the Oregon business address of the supplier or, if none, to the registered agent of the supplier.
(3) A notice of defect sent by an owner must include:
(a) The name and mailing address of the owner or the owner’s legal representative, if any;
(b) A statement that the owner may seek to compel arbitration or bring a court action against the contractor, subcontractor or supplier;
(c) The address and location of the affected residence;
(d) A description of:
(A) Each defect;
(B) The remediation the owner believes is necessary; and
(C) Any incidental damage not curable by remediation as described in subparagraph (B) of this paragraph; and
(e) Any report or other document evidencing the existence of the defects and any incidental damage. [2003 c.660 §2; 2011 c.268 §1]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.575 - Availability of residence; scope of inspection; report of inspection results.

(1) An owner sending a notice of defect under ORS 701.565 shall make the residence available for visual examination pursuant to any written request sent under ORS 701.570. The owner shall make the residence available for visual examination, during normal business hours or as otherwise agreed, not later than 20 days after receiving the written request for visual examination.
(2) An owner sending a notice of defect under ORS 701.565 shall make the residence available for an inspection pursuant to any written request sent under ORS 701.570. The owner shall make the residence available for inspection during normal business hours or at a time that is mutually agreeable to the owner and the requester.
(3) An inspection by a contractor, subcontractor or supplier may include any reasonable measures, including testing, for determining the nature, cause and extent of the defects described in the notice of defect or incidental damage and the nature and extent of the necessary remediation. Unless the contractor, subcontractor or supplier conducting the inspection and the owner agree otherwise, the contractor, subcontractor or supplier conducting the inspection shall repair any damage caused by the inspection. Any damage caused by the inspection that is not repaired may be sought as incidental damage in any subsequent arbitration or court action by an owner against the contractor, subcontractor or supplier conducting the inspection.
(4) A contractor, subcontractor or supplier that requests to inspect a residence must include as part of the written response of the contractor, subcontractor or supplier under ORS 701.570, a written report or other document evidencing the result of the inspection and the existence or nonexistence of the defects described in the notice of defect or discovered during the inspection. [2003 c.660 §4]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.585 - Effect of notice of defect on time for commencing court action.

(1) If an owner sends a contractor, subcontractor or supplier a notice of defect within the time allowed for the owner to commence a court action against that contractor, subcontractor or supplier for a claim described in ORS 701.565, the time for the owner to commence the action shall be extended, notwithstanding any statute of limitation or statute of ultimate repose, until the later of:
(a) One hundred and twenty days after the owner receives a written response from the contractor, subcontractor or supplier that received the notice of defect if the written response does not contain a written offer to perform remediation or pay monetary compensation for one or more of the defects or incidental damage described in the notice of defect;
(b) One hundred and twenty days after the owner rejects a written offer by any contractor, subcontractor or supplier to perform remediation or pay monetary compensation for one or more of the defects or incidental damage described in the notice of defect; or
(c) Thirty days after the date specified in an accepted written offer by which the offering contractor, subcontractor or supplier is to complete the remediation or complete payment of monetary compensation for one or more of the defects and any incidental damage described in the notice of defect.
(2) Subsection (1) of this section does not shorten or terminate the time for bringing a claim in accordance with applicable statutes of ultimate repose and statutes of limitation.
(3) Delivery of a secondary notice sent by a contractor, subcontractor or supplier under ORS 701.570 does not act to toll the expiration of any right of the owner to commence a court action against the recipient of the secondary notice.
(4) Any remediation performed pursuant to an accepted offer made under ORS 701.570 does not constitute a new performance and, for purposes of ORS 12.135, relates back to the earliest date of substantial completion or abandonment of the construction, alteration or repair of the improvement to real property. [2003 c.660 §6]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.595 - Failure to follow notice of defect procedure.

If an owner compels arbitration or commences a court action against any contractor, subcontractor or supplier to assert a claim arising out of or related to the construction, alteration or repair of a residence located in this state and the owner has not followed the procedure set forth in ORS 701.565 and 701.575, the arbitrator or court must dismiss the arbitration or action without prejudice. The owner may not commence a new arbitration or action unless the owner follows the procedure set forth in ORS 701.565 and 701.575. [2003 c.660 §8]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.600 - Nonapplicability of ORS 701.560 to 701.595 and 701.605.

ORS 701.560 to 701.595 and 701.605 do not apply:
(1) To personal injury or death claims.
(2) To claims or complaints filed pursuant to ORS 671.695 or 701.139.
(3) To claims against a person registered under ORS 671.010 to 671.220.
(4) To complaints filed in a small claims department established in a justice court or circuit court as described in ORS 55.011.
(5) To counterclaims or other responses to a contractor, subcontractor or supplier claim, arbitration demand or complaint that arises out of, or is related to, a contract for the construction, alteration or repair of a residence or a system, component or material incorporated into a residence. [2003 c.660 §9; 2007 c.149 §10; 2007 c.793 §25; 2011 c.268 §3; 2013 c.196 §23]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.605 - Recording of written warranty agreement.

(1) To facilitate the handling of warranty work or remediation of defects to a new commercial or residential structure or a zero-lot-line dwelling, a contractor who builds the structure may present for recording in the deed records of the county in which the new structure is built a written warranty agreement that:
(a) Is signed by the contractor and the original owner of the new structure;
(b) Sets forth any express warranties furnished by the contractor; and
(c) Contains the names of the contractor and the original property owner, the title of the document, a legal description of the property and acknowledgment of the signatures of the parties in the same manner as the parties to a deed are acknowledged.
(2) The warranties set forth in the recorded warranty agreement:
(a) Benefit and burden subsequent owners of the structure.
(b) Cease to affect title to the property 10 years after the date the instrument is recorded. [2005 c.169 §2; 2007 c.648 §29]
Note:
See note under 701.560.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.620 - Definitions for ORS 701.620 to 701.640.

As used in ORS 701.620 to 701.640:
(1) "Construction contract" means a written or oral construction agreement, including all drawings, specifications and addenda relating to:
(a) Excavating, landscaping, demolishing and detaching existing structures, leveling, filling in and other preparation of land for the making and placement of a building, structure or superstructure;
(b) Creation or making of a building, structure or superstructure; and
(c) Alteration, partial construction and repairs done in and upon a building, structure or superstructure.
(2) "Contractor" has the meaning given that term in ORS 87.005.
(3) "Days" means calendar days.
(4) "Material supplier" means any person providing materials or products under a construction contract by oral authorization, written contract, purchase order, price agreement, rental agreement or other contractual means.
(5) "Original contractor" has the meaning given that term in ORS 87.005.
(6) "Owner" has the meaning given that term in ORS 701.410.
(7) "Subcontractor" has the meaning given that term in ORS 87.005. [2003 c.675 §54; 2011 c.553 §1]
Note:
701.620 to 701.645 were enacted into law by the Legislative Assembly but were not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.640 - Prohibition against contrary provisions, covenants or clauses.

(1) A construction contract may not include any provision, covenant or clause that:
(a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract to be conducted in another state; or
(b) States that a party to the construction contract cannot suspend performance under the construction contract or terminate the construction contract if another party to the construction contract fails to make prompt payments under the construction contract pursuant to ORS 701.620 to 701.640.
(2) Any provision, covenant or clause described in subsection (1) of this section is void and unenforceable. [2003 c.675 §58; 2011 c.553 §5]
Note:
See note under 701.620.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.645 - Contracts and housing not subject to ORS 701.620 to 701.640.

ORS 701.620 to 701.640 do not apply to:
(1) A contract for the construction, alteration, repair, maintenance, moving or demolition of a building that is subject to the Low-Rise Residential Dwelling Code;
(2) A public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B or 279C; or
(3) Housing in which all or part of the dwelling units are reserved for rental to persons having an income equal to or less than 80 percent of the median household income for the area as determined by the Housing and Community Services Department. [2003 c.675 §59; 2003 c.794 §331d]
Note:
See note under 701.620.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.990 - Criminal penalties.

(1) Violation of ORS 701.021 is a Class A misdemeanor.
(2) The intentional use of a contractor’s license number without the authorization of the licensed contractor is a Class A misdemeanor.
(3) Use of a contractor’s license number, with or without the authorization of the licensed contractor, with the intent to deceive the public is a Class A misdemeanor. [1971 c.740 §22; 1999 c.344 §7; 2001 c.104 §282; 2001 c.850 §7; 2007 c.836 §37]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.992 - Civil penalties and other sanctions; enforcement.

(1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the board of not more than $5,000 for each offense.
(2) Civil penalties under this section must be imposed as provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) The board shall impose sanctions for a violation of ORS 701.098 (1)(k) on the person to whom a contract is awarded and the person who awards the contract, and sanctions on a contractor for a violation of ORS 701.117 (2), as follows:
(a) A penalty not less than $500 nor more than $1,000 for the first offense;
(b) A penalty not less than $1,000 nor more than $2,000 for the second offense;
(c) Suspension of the person’s license for six months for a third offense;
(d) Suspension of the person’s license for three years for a fourth offense; and
(e) Revocation of the person’s license for a fifth offense.
(5) The board may impose a civil penalty not to exceed $100 for each violation of ORS 87.007 (3). [1971 c.740 §21; 1979 c.874 §5; 1981 c.618 §14; 1983 c.616 §16; 1983 c.696 §27; 1991 c.734 §90; 1995 c.216 §4; 1995 c.771 §6; 1999 c.402 §41; 2003 c.14 §441; 2003 c.778 §7; 2005 c.432 §17; 2007 c.836 §38; 2023 c.277 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 701 - Construction Contractors and Contracts › Section 701.995 - Civil penalties for violations related to lead-based paint activities; reporting of penalties and sanctions.

(1) A person who violates any provision of, or any rule adopted under, ORS 701.505 to 701.515 shall pay to the Construction Contractors Board Lead-Based Paint Activities Fund established under ORS 701.520 a civil penalty of not more than $5,000 for each violation.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) A civil penalty imposed under this section is in addition to and not in lieu of any other penalty or sanction provided by law.
(4) The board shall report all civil penalties or sanctions imposed under this section to each of the following state agencies:
(a) The Oregon Health Authority;
(b) The Occupational Safety and Health Division of the Department of Consumer and Business Services; and
(c) The Department of Environmental Quality. [2009 c.757 §10; 2009 c.828 §69]
Note:
701.995 was enacted into law by the Legislative Assembly but was not added to or made a part of ORS chapter 701 or any series therein by legislative action. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.001 - Revised Uniform Athlete Agents Act.

ORS 702.005 to 702.065, 702.991 and 702.994 shall be known and may be cited as the Revised Uniform Athlete Agents Act. [2017 c.113 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.023 - Fees.

(1) An application for registration or renewal of registration must be accompanied by a fee in the following amount:
(a) $250 for an initial application for registration;
(b) $150 for an application for registration based upon a certificate of registration or licensure issued by another state;
(c) $150 for an application for renewal of registration; or
(d) $150 for an application for renewal of registration based upon an application for renewal of registration or licensure submitted in another state.
(2) Any fees collected under this section by the Department of Education shall be deposited in the Department of Education Account established under ORS 326.115. [2005 c.525 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.027 - Restrictions on athlete agents.

An athlete agent may not intentionally:
(1) Initiate contact with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete unless registered under ORS 702.005 to 702.065, 702.991 and 702.994;
(2) Refuse or fail to retain or permit inspection of the records required to be retained by ORS 702.059;
(3) Fail to register when required by ORS 702.012;
(4) Provide materially false or misleading information in an application for registration or renewal of registration;
(5) Predate or postdate a written agency contract;
(6) Fail to notify a student athlete or, if the athlete is a minor, a parent or guardian of the athlete before the student athlete, parent or guardian enters into an agency contract for a particular sport that entering into the agency contract may make the student athlete ineligible to participate as a student athlete in that sport; or
(7) Represent a student athlete who is enrolled in a post-secondary institution of education, if the athlete agent represented a post-secondary institution of education at any time in the preceding four years. [1999 c.1079 §6; 2005 c.525 §8; 2013 c.54 §5; 2017 c.113 §9; 2021 c.422 §2]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.029 - Notice to athletic director regarding contact with student athlete.

(1) As used in this section, "communicating or attempting to communicate" means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message.
(2) Before communicating or attempting to communicate with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete, an athlete agent shall provide written notice to the athletic director of the educational institution at which the student athlete is enrolled. Notice provided under this subsection must state that the athlete agent intends to communicate with:
(a) The athlete or, if the athlete is a minor, a parent or guardian of the athlete, to influence the athlete or parent or guardian to enter into an agency contract; or
(b) Another individual to have that individual influence the athlete or, if the athlete is a minor, the parent or guardian of the athlete to enter into an agency contract.
(3) Within 10 days after a communication or attempt to communicate with an athlete agent is initiated by a student athlete or another individual on behalf of the athlete, the agent shall provide written notice to the athletic director of any educational institution at which the athlete is enrolled.
(4) The written notice required by this section may be delivered personally or by registered or certified mail, electronic mail, facsimile or other electronic means.
(5) An educational institution that becomes aware of a violation of ORS 702.005 to 702.065, 702.991 and 702.994 by an athlete agent shall notify the Department of Education and any professional league or players association with which the institution is aware the agent is licensed or registered of the violation. [2013 c.54 §3; 2017 c.113 §7]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.030 - Restrictions on inducement of student athletes; exceptions.

(1) Except as otherwise provided in subsection (2) of this section, an athlete agent, with the intent to induce a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or encourage any other individual to take or assist any other individual in taking any of the following actions on behalf of the agent:
(a) Give any materially false or misleading information or make a materially false promise or representation.
(b) Furnish anything of value to the student athlete before the student athlete enters into an agency contract.
(c) Furnish anything of value to any individual other than the student athlete or another registered athlete agent.
(2) An athlete agent, who is certified to be an athlete agent in a particular sport by a national association that promotes or regulates intercollegiate athletics and establishes eligibility standards for participation by a student athlete in that sport, may pay expenses incurred before the signing of an agency contract to:
(a) A student athlete;
(b) A parent or guardian of the student athlete; or
(c) An individual who is a member of a class of individuals authorized to receive payment for the expenses by the national association that certified the agent if the expenses are:
(A) For the benefit of a student athlete who is a member of a class of student athletes authorized to receive the benefit by the national association that certified the athlete agent;
(B) Of a type authorized to be paid by an athlete agent by the national association that certified the athlete agent; and
(C) For a purpose authorized by the national association that certified the athlete agent. [2005 c.525 §11; 2017 c.113 §10; 2019 c.92 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.052 - Right to cancel contract.

(1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after entering into the agency contract.
(2) The right of a student athlete or, if the athlete is a minor, the parent or guardian of the athlete to cancel an agency contract under this section may not be waived.
(3) If a student athlete, parent or guardian cancels an agency contract, the student athlete, parent or guardian is not required to pay any consideration under the contract or to return any consideration received from the athlete agent to induce the student athlete to enter into the contract. [1999 c.1079 §10; 2005 c.525 §15; 2013 c.54 §7; 2017 c.113 §8]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.054 - Notice of contract.

(1) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student athlete is enrolled or the athlete agent has reasonable grounds to believe the student athlete intends to enroll.
(2) Within 72 hours after entering into an agency contract or before the next athletic event in which the student athlete may participate, whichever occurs first, the student athlete shall inform the athletic director of the educational institution at which the student athlete is enrolled that the student athlete has entered into an agency contract and the name and contact information of the athlete agent.
(3) If a student athlete subsequently enrolls at an educational institution after entering into an agency contract, the athlete agent shall notify the athletic director of the institution of the existence of the contract not later than 72 hours after the agent knew or should have known the athlete enrolled.
(4) If an athlete agent has a relationship with a student athlete before the athlete enrolls in an educational institution and receives an athletic scholarship from the institution, the agent shall notify the institution of the relationship not later than 10 days after the enrollment if the agent knows or should have known of the enrollment and:
(a) The relationship was motivated in whole or part by the intention of the agent to recruit or solicit the athlete to enter an agency contract in the future; or
(b) The agent directly or indirectly recruited or solicited the athlete to enter an agency contract before the enrollment. [2005 c.525 §14; 2017 c.113 §6]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.057 - Civil remedies available for educational institutions and student athletes.

(1) An educational institution or student athlete shall have a cause of action against an athlete agent for damages caused by a violation of ORS 702.005 to 702.065, 702.991 and 702.994. In an action under this section, the court may award to the prevailing party costs and reasonable attorney fees.
(2) For the purposes of this section, damages of an educational institution or student athlete include losses and expenses incurred because, as a result of the conduct of an athlete agent, the educational institution or student athlete was injured by a violation of ORS 702.005 to 702.065, 702.991 and 702.994 or was penalized, disqualified or suspended from participation in athletics by a national association for the promotion and regulation of athletics, by an athletic conference or by reasonable self-imposed disciplinary action taken to mitigate sanctions likely to be imposed by such an organization.
(3) A cause of action under this section does not accrue until the educational institution or student athlete discovers or by the exercise of reasonable diligence would have discovered the violation by the athlete agent.
(4) Any liability of the athlete agent under this section is several and not joint.
(5) ORS 702.005 to 702.065, 702.991 and 702.994 do not restrict rights, remedies or defenses of any person under law or equity. [1999 c.1079 §11; 2005 c.525 §17; 2017 c.113 §13]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.059 - Retention of records; inspection.

(1) An athlete agent shall retain the following records for a period of five years:
(a) The name and address of each individual represented by the athlete agent;
(b) Any agency contract entered into by the athlete agent; and
(c) Any direct costs incurred by the athlete agent in the recruitment or solicitation of a student athlete to enter into an agency contract.
(2) Records required by subsection (1) of this section to be retained are open to inspection by the Department of Education during normal business hours of the athlete agent. [2005 c.525 §16]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.062 - Appointment of Department of Education as agent for service of process; subpoenas.

(1) By acting as an athlete agent in Oregon, a nonresident individual appoints the Department of Education as the individual’s agent for service of process in any civil action in Oregon related to the individual’s acting as an athlete agent in Oregon.
(2) The department may issue subpoenas for any material that is relevant to the administration of ORS 702.005 to 702.065, 702.991 and 702.994. [2005 c.525 §3]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.063 - Rules.

The State Board of Education may adopt any rules necessary to carry out the provisions of ORS 702.005 to 702.065, 702.991 and 702.994. [1999 c.1079 §4a; 2005 c.525 §18]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.065 - Uniformity of law.

In applying and construing ORS 702.005 to 702.065, 702.991 and 702.994, the courts, a prosecuting attorney as defined in ORS 646.605 and the Department of Education shall give consideration to the need to promote uniformity of the law with respect to its subject matter among states that have enacted the Uniform Athlete Agents Act. [2005 c.525 §21; 2013 c.54 §9]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.205 - Royalty payments; name, image or likeness.

A person that produces an intercollegiate sports team jersey, video game or trading card for the purpose of making a profit shall make a royalty payment to each student athlete for use of the student athlete’s name, image or likeness if the person uses the student athlete’s name, image or likeness in or on the intercollegiate sports team jersey, video game or trading card. [2022 c.20 §1]
2023 Oregon Revised Statutes › Volume : 17 - Occupations › Chapter 702 - Student Athlete › Section 702.991 - Criminal penalties.

(1) Violation of ORS 702.027 is a Class A misdemeanor.
(2) An athlete agent who violates ORS 702.030 (1)(b) is guilty of a Class C felony.
(3) Violation of the athlete agent’s 72-hour notice requirement provided under ORS 702.054 (1) is a Class C felony.
(4) It is a Class A misdemeanor for any person to conduct business as an athlete agent in the State of Oregon unless the person has a valid certificate of registration issued pursuant to ORS 702.012 or 702.019.
(5) It is a Class A misdemeanor for any person to represent to another person by verbal claim, advertisement, letterhead, business card or any other means that the person is an athlete agent unless the person has a valid certificate of registration issued pursuant to ORS 702.012 or 702.019. [1999 c.1079 §12; 2005 c.525 §20; 2017 c.113 §12; 2019 c.92 §2]