reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0154 - Construction Flagger Bonds

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A properly executed construction flagger bond must:
(a) Be signed by an authorized agent of the
			 surety or by one having power of attorney; must bear a bond number; and must be
			 filed within the time stated on the bond.
(b) Be in the form adopted by the
			 Construction Contractors Board as the "Construction Contractors Board
			 Commercial Surety Bond" dated July 1, 2017.
(c) Be filed with the Construction
			 Contractors Board within sixty (60) days from the date the bond is executed by
			 the surety.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0155 - Letters of Credit or Cash Deposits, Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A general or specialty contractor that is
			 a qualifying nonprofit organization engaged in rehabilitating an illegal drug
			 manufacturing site may provide a properly executed letter of credit as adopted
			 by the Construction Contractors Board in the form entitled "Letter of Credit
			 for Licensee Rehabilitating Illegal Drug Manufacturing Site" dated December 18,
			 2007.
(2) A general or specialty
			 contractor that is a qualifying nonprofit organization engaged in
			 rehabilitating an illegal drug manufacturing site may provide a properly
			 executed cash deposit as adopted by the Construction Contractors Board in the
			 form entitled "Assignment of Savings Account or Certificate of Deposit for
			 Licensee Rehabilitating Illegal Drug Manufacturing Site," dated December 18,
			 2007.
(3) If a complaint is filed
			 against a licensee for work done during the work period of a contract entered
			 while the letter of credit or cash deposit is in effect, the agency shall
			 provide notice to the bank or financial institution that issued the letter of
			 credit or cash deposit. The bank or financial institution must hold the letter
			 of credit or cash deposit until final disposition of the complaint.
(4) Letters of credit or cash assignment
			 documents received at the agency office from a bank or financial institution
			 via electronic facsimile may be accepted as original documents. The bank or
			 financial institution must provide the original documents to the agency upon
			 request.
(5) References in other
			 provisions of Chapter 812 to letters of credit or cash deposits apply only to
			 licenses issued under ORS
			 701.088 and this
			 section.
Stat. Auth.: ORS
				  670.310,
				  701.085 &
				  701.235
Stats. Implemented: ORS
				  701.088
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0160 - Entity Name Required on Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The name of the
			 entity as it appears on the bond, letter of credit or cash deposit must be the
			 same as the name on the application and entity name filed at the Oregon
			 Corporation Division (if applicable).
(a) If
			 the entity is a sole proprietorship, the bond, letter of credit or cash deposit
			 must include the name of the sole proprietor;
(b) If the entity is a partnership, or joint
			 venture, the bond, letter of credit or cash deposit must include the names of
			 all partners (except limited partners);
(c) If the entity is a limited liability
			 partnership, the bond, letter of credit or cash deposit must be issued in the
			 name of all partners and the name of the limited liability partnership;
(d) If the entity is a limited
			 partnership, the bond, letter of credit or cash deposit must be issued in the
			 name of all general partners and the name of the limited partnership and any
			 other business names(s) used. Limited partners do not need to be listed on the
			 bond, letter of credit or cash deposit;
(e) If the entity is a corporation or trust,
			 the bond, letter of credit or cash deposit must be issued showing the corporate
			 or trust name; or
(f) If the
			 entity is a limited liability company, the bond, letter of credit or cash
			 deposit must be issued in the name of the limited liability company.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0171 - Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
For all new and renewal license applications, a surety bond as
				required under ORS 701.068, or a surety bond, letter of credit or cash deposit
				as required under ORS 701.088, must be in one of the following amounts:
(1)  Residential General Contractor - $20,000.
(2)  Residential Specialty Contractor - $15,000.
(3)  Residential Limited Contractor - $10,000.
(4)  Residential Developer - $20,000.
(5)  Residential Locksmith Services Contractor - $10,000.
(6)  Home Inspector Services Contractor - $10,000.
(7)  Home Services Contractor - $10,000.
(8)  Home Energy Performance Score Contractor - $10,000.
(9)  Residential Restoration Contractor - $10,000.
(10)  Commercial General Contractor Level 1 - $75,000.
(11)  Commercial Specialty Contractor Level 1 - $50,000.
(12)  Commercial General Contractor Level 2 - $20,000.
(13)  Commercial Specialty Contractor Level 2 - $20,000.
(14)  Commercial Developer - $20,000.
(15)  Construction Flagging Contractor - $20,000.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088  & 701.235
Statutes/Other Implemented: ORS 701.068, 701.081, 701.084,
				  701.088, 701.470 & 701.540
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0175 - Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 business, including an individual person, applying for or renewing a license
			 will file a bond, letter of credit or cash deposit in an amount up to five
			 times the amount required for the category of license under OAR 812-003-0171,
			 if:
(a) The business has unpaid debts under a
			 final order, arbitration award or determination of the board;
(b) An owner or officer of the business has
			 unpaid debts under a final order, arbitration award or determination of the
			 board; or
(c) An owner or officer
			 of the business was an owner or officer of another business at the time the
			 other business incurred a debt that is the subject of a final order,
			 arbitration award or determination of the board and such debt remains unpaid.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0180 - Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 surety bond, letter of credit or cash deposits effective date is the date on
			 which the licensee has first met all requirements for licensing, renewal or
			 reissue as determined by the agency.
(2) The bond shall remain in effect and be
			 continuous until cancelled by the surety or until the licensee no longer meets
			 the requirements for licensing as determined by the agency, whichever comes
			 first.
(3) A surety bond may be
			 cancelled by the surety only after the surety has given 30 days' notice to the
			 agency. Cancellation will be effective no less than 30 days after receipt of
			 the cancellation notice.
(4) The
			 letter of credit or cash deposit shall remain in effect and be continuous until
			 released by the agency.
(5)
			 Immediately upon cancellation of the bond, or cancellation without an
			 authorized release by the agency of a letter of credit or cash deposit the
			 agency may send an emergency suspension notice to the contractor as provided
			 for in ORS 701.098(4)(a)(A),
			 informing the contractor that the license has been suspended.
(6) The bond, letter of credit or cash
			 deposit shall be subject to final orders or arbitration awards as described in
			 OAR 812-004-0600  or determinations as described in OAR 812-004-1600.
(7) The surety or financial institution will
			 be responsible for ascertaining the bond, letter of credit or cash deposit's
			 effective date.
Stat. Auth.: ORS
				  670.310,
				  701.068,
				  701.088 &
				  701.235
Stats. Implemented: ORS
				  701.068,
				  701.088 &
				  701.098
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0190 - New Bond, Letter of Credit or Cash Deposit Required for Change in Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an entity
			 licenses as a sole proprietorship, partnership, limited liability partnership,
			 limited partnership, joint venture, corporation, limited liability company,
			 business trust or any other entity and seeks to change the licensed entity to
			 one of the other entity types, the application must be accompanied by a new:
(a) Bond separate from the bond held for the
			 previous entity;
(b) Letter of
			 credit separate from the letter of credit held for the previous entity; or
(c) Cash deposit separate from the
			 previous cash deposit held for the previous entity.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0200 - Insurance Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 applicant seeking licensure, renewal, reinstatement or reissuance shall certify
			 that the applicant:
(a) Has procured insurance
			 from a risk retention group or an insurer transacting insurance in compliance
			 with Oregon Revised Statutes and Oregon Administrative Rules; and
(b) Will continue to meet those insurance
			 requirements for as long as the applicant is licensed.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0210 - Entity Name Required on Insurance Certification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The name of the entity as it appears on
			 the certificate of insurance or other evidence of insurance must be the same as
			 the name on the application and entity name filed at the Oregon Corporation
			 Division (if applicable).
(a) If the entity
			 is a sole proprietorship, the certificate of insurance or other evidence of
			 insurance must include the name of the sole proprietor;
(b) If the entity is a partnership, or joint
			 venture, the certificate of insurance or other evidence of insurance must
			 include the names of all partners (except limited partners);
(c) If the entity is a limited liability
			 partnership, the certificate of insurance or other evidence of insurance must
			 be issued in the name of all partners and the name of the limited liability
			 partnership;
(d) If the entity is a
			 limited partnership, the certificate of insurance or other evidence of
			 insurance must be issued in the name of all general partners and the name of
			 the limited partnership and any other business names(s) used. Limited partners
			 do not need to be listed on the certificate of insurance or other evidence of
			 insurance;
(e) If the entity is a
			 corporation or trust, the certificate of insurance or other evidence of
			 insurance must be issued showing the corporate or trust name; or
(f) If the entity is a limited liability
			 company, the certificate of insurance or other evidence of insurance must be
			 issued in the name of the limited liability company.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0221 - Insurance Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
For all new and renewal license applications, insurance amounts
				as required under ORS
				701.073,
				701.081, and
				701.084, must be in one of the
				following amounts:
(1) Residential
			 General Contractor - $500,000 per occurrence.
(2) Residential Specialty Contractor -
			 $300,000 per occurrence.
(3)
			 Residential Limited Contractor - $100,000 per occurrence.
(4) Residential Developer - $500,000 per
			 occurrence.
(5) Residential
			 Locksmith Services Contractor - $100,000 per occurrence.
(6) Home Inspector Services Contractor -
			 $100,000 per occurrence.
(7) Home
			 Services Contractor - $100, 000 per occurrence.
(8) Home Energy Performance Score Contractor
			 - $100,000 per occurrence.
(9)
			 Residential Restoration Contractor - $100,000 per occurrence.
(10) Commercial General Contractor Level 1 -
			 $2,000,000 aggregate.
(11)
			 Commercial Specialty Contractor Level 1 - $1,000,000 aggregate.
(12) Commercial General Contractor Level 2 -
			 $1,000,000 aggregate.
(13)
			 Commercial Specialty Contractor Level 2 - $500,000 per occurrence.
(14) Commercial Developer- $500,000 per
			 occurrence.
(15) Construction
			 Flagging Contractor - $500,000 per occurrence.
Stat. Auth.: ORS
				  670.310 & 701.235
Stats. Implemented: ORS
				  701.073,
				  701.081,
				  701.084,
				  701.470&
				  701.540
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0230 - Effective and Cancellation Dates of the Insurance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of licensing, the effective
			 date of the insurance required under ORS
			 701.073,
			 701.081 and
			 701.084 is the date on which the
			 licensee has first met all requirements for licensing, renewal or reissue as
			 determined by the agency.
(2) The
			 insurance described in section (1) of this rule shall remain in effect until
			 the license is suspended, terminated, revoked, expired, lapsed, or inactive, or
			 until the insurance expires or a cancellation notice is provided by the
			 insurer.
(3) Immediately upon
			 cancellation or expiration of the insurance described in section (1) of this
			 rule, the agency may send an emergency suspension notice to the contractor as
			 provided for in ORS 701.098(4)(a)(B),
			 informing the contractor that the license has been suspended.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.073,
				  701.081,
				  701.084 &
				  701.098
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0240 - Independent Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose of Rule. The Landscape Contractors Board, Department of Revenue,
			 Department of Consumer and Business Services, Employment Department, and
			 Construction Contractors Board must adopt rules together to carry out ORS
			 670.600. ORS
			 670.600 defines "independent
			 contractor" for purposes of the programs administered by these agencies. This
			 rule is intended to ensure that all five agencies apply and interpret
			 670.600 in a consistent manner;
			 to clarify the meaning of terms used in
			 670.600; and, to the extent
			 possible, to enable interested persons to understand how all five agencies will
			 apply 670.600.
(2) Statutory Context.
(a) ORS
			 670.600 generally establishes
			 three requirements for "independent contractors". One requirement is that an
			 "independent contractor" must be engaged in an "independently established
			 business." Another requirement is related to licenses and certificates that are
			 required for an "independent contractor" to provide services. A third
			 requirement is that an "independent contractor" must be "free from direction
			 and control over the means and manner" of providing services to others.
(b) The specific focus of this
			 rule is the "direction and control" requirement. See ORS
			 670.600 for the requirements of
			 the "independently established business" test and for licensing and
			 certification requirements.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0250 - Exempt and Nonexempt Class of Independent Contractor Licenses

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors shall license as either nonexempt or exempt as
				provided in ORS 701.035.
(1) The nonexempt class is composed of the
			 following entities:
(a) Sole proprietorships
			 with one or more employees or that utilize one or more workers supplied by a
			 worker leasing company;
(b)
			 Partnerships or limited liability partnerships with one or more employees or
			 that utilize one or more workers supplied by a worker leasing company;
(c) Partnerships or limited
			 liability partnerships with more than two partners if any of the partners are
			 not family members;
(d) Joint
			 ventures with one or more employees or that utilize one or more workers
			 supplied by a worker leasing company;
(e) Joint ventures with more than two joint
			 venturers if any of the joint venturers are not family members;
(f) Limited partnerships with one or more
			 employees or that utilize one or more workers supplied by a worker leasing
			 company;
(g) Limited partnerships
			 with more than two general partners if any of the general partners are not
			 family members;
(h) Corporations
			 with one or more employees or that utilize one or more workers supplied by a
			 worker leasing company;
(i)
			 Corporations with more than two corporate officers if any of the corporate
			 officers are not family members;
(j) Trusts with one or more employees or that
			 utilize one or more workers supplied by a worker leasing company;
(k) Trusts with more than two trustees if any
			 of the trustees are not family members.
(l) Limited liability companies with one or
			 more employees or that utilize one or more workers supplied by a worker leasing
			 company; or
(m) Limited liability
			 companies with more than two members if any of the members are not family
			 members.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0265 - Temporary Authorization for Military Spouse - Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A spouse of an active-duty member of the
			 United States Army, Army Active Guard Reserve, Navy, Marine Corps, Air Force,
			 Air Force Active Guard Reserve, or Coast Guard stationed in Oregon may obtain a
			 temporary authorization as a contractor valid until the earliest of the
			 following:
(a) Two years from the date of
			 issue;
(b) The date the applicant's
			 spouse completes the spouse's active-duty service in Oregon; or
(c) The date the applicant's authorization
			 issued by another state expires.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0270 - Effective Dates of New License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A completed application as required under
			 OAR 812-003-0260  shall be on file with the agency before a new license may be
			 issued.
(2) Licenses will be issued
			 for a period of two years.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0280 - Renewal and Reissue of License

Current through Register Vol. 63, No. 7, July 1, 2024
Each entity must complete a form prescribed by the agency.
				Notwithstanding OAR 812-003-0300(4), a license may be renewed or reissued
				upon:
(1)  The applicant's completion of the renewal form or
				application form prescribed by the agency including, but not limited to, the
				information provided in OAR 812-003-0260;
(2)  Payment of the fee or fees,
(3)  Receipt of the required certification of insurance coverage
				or other evidence of insurance, and
(4)  Receipt of a commercial and/or residential bond, letter of
				credit or cash deposit. If it appears to the agency that the required letter of
				credit or cash deposit has terminated or expired, the applicant must submit a
				new bond, letter of credit or cash deposit.
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS 701.063, 701.068, 701.073  & 701.081
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0290 - License Renewal, Reissue, New Issue; Effective Dates; Term

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Except as provided in section (3) of this rule, a completed
				renewal or reissue application required under OAR 812-003-0260  shall be on file
				with the agency before a license may be renewed or reissued.
(2)  In order to obtain a renewed or reissued license, a
				contractor must provide the following:
(a)  A completed application form;
(b)  Proof of insurance;
(c)  A commercial or residential bond, or both (as indicated by
				the contractor's endorsement(s));
(d)  Where authorized by ORS 701.088, a letter of credit or cash
				deposit in lieu of the bond; and
(e)  An application fee.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0300 - Consequence of Lapse in License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An entity whose license has lapsed is
			 considered unlicensed from the date the lapse occurred unless or until the date
			 the license is:
(a) Backdated and
			 renewed;
(b) Reissued; or
(c) Reinstated.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0310 - License Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall issue a license and pocket card effective on the date on which the
			 license becomes effective under OAR 812-003-0270  or 812-003-0290.
(2) A license and pocket card is valid for
			 the term for which it is issued only if all of the following conditions are met
			 throughout the license period:
(a) The surety
			 bond, letter of credit or cash deposit remains in effect and undiminished by
			 payment of Construction Contractors Board final orders.
(b) The insurance required by ORS
			 701.073 remains in effect.
(c) If the licensee is a sole
			 proprietorship, the sole proprietorship survives.
(d) If the licensee is a partnership or
			 limited liability partnership, the composition of the partnership remains
			 unchanged, by death or otherwise.
(e) If the licensee is a limited partnership,
			 the composition of the general partners remains unchanged, by death or
			 otherwise.
(f) If the licensee is
			 a corporation, trust, or limited liability company, the corporation, trust or
			 limited liability company survives and complies with all applicable laws
			 governing corporations, trusts or limited liability companies.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0320 - Record Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Every licensed entity that changes its name, including any assumed business
			 name under which it may operate, must notify the agency within 30 days of
			 assuming, filing or registering the new name. This section also applies to sole
			 proprietors that change their surname.
(2) Except as provided in OAR 812-003-0190,
			 requests for business name amendments of a partnership, joint venture,
			 corporation, limited liability company, limited partnership or limited
			 liability partnership shall be accompanied by a rider from the surety and a new
			 Certificate of Insurance or other evidence of insurance to reflect the amended
			 name.
(3) With the exception of
			 record changes due to agency error, a record change request shall be submitted
			 in writing or, if the agency permits, electronically.
(4) Except as provided in sections (5) and
			 (6) of this rule, requests for record changes that require a new license card
			 shall be accompanied by a $20 fee.
(5) No charge will be made for an address
			 change.
(6) No charge will be made
			 for changing independent contractor license class under ORS
			 701.035 if the licensed entity makes the change electronically.
Statutory/Other Authority: ORS
				  670.310,
				  701.235 &
				  701.238
Statutes/Other Implemented: ORS
				  701.056,
				  701.068,
				  701.088  & 701.238
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0321 - Notification of Change of Independent Contractor Status

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  When a contractor's license status changes from nonexempt
				to exempt or from exempt to nonexempt, the contractor must notify the board.
				The contractor must file a Notification of Changed Contractor License Status
				within 30 days of the effective date of the change.
(2)  There is no charge to file the Notification under this
				rule.
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS
				  701.035
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0325 - Change of Corporate Officer, LLC Manager, LLC Member, Trustee

Current through Register Vol. 63, No. 7, July 1, 2024
When a contractor notifies the agency of any change in the
				identity of a person who holds a position with the contractor that is described
				in ORS 701.046(1)(h), (E), (F), (G), or
				(I), or
				701.046(1)(i) (D), (E), or
				(F), the contractor must provide at least one
				of the following.
(1) For the
			 addition, removal or resignation of a corporate officer as described in ORS
			 701.046(1)(h)(E)
			 or 701.046(1)(i)(F):
(a) A copy of the corporation's board minutes
			 evidencing the addition or removal of the corporate officer;
(b) A copy of the corporation's board consent
			 evidencing the addition or removal of the corporate officer;
(c) A letter from the corporation's attorney
			 advising the agency of the addition or removal of the corporate
			 officer;
(d) A letter from the
			 corporation's manager of personnel or human resources advising the agency of
			 the addition or removal of the corporate officer; or
(e) In the case a resignation, a copy of the
			 corporate officer's letter of resignation.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0330 - Inactive Status Generally

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A licensee may not convert a license to an inactive status if the licensee is
			 engaged in work as a contractor.
(2)
(a) A
			 licensee may not offer to undertake work, advertise work as a contractor,
			 submit a bid for construction work, obtain a building permit or perform
			 construction work while in an inactive status.
(b) Subsection (a) of this section does not
			 apply to members of the United States armed forces serving on active duty
			 provided that they perform work as a contractor only as part of their military
			 duties.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0340 - Inactive Status Request at Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to convert a license to
			 inactive status made at the time of renewal of the license must be accompanied
			 by fees required under OAR 812-003-0142.
(2) If a license is converted to inactive
			 status at the time of renewal of the license, the effective date of the renewed
			 license shall be the expiration date of the previous license. An inactive
			 license, if renewed, shall expire two years after its effective date.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0350 - Inactive Status Request at Interim Renewal Period

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to convert a license to
			 inactive status made prior to the expiration date of the license, but at a time
			 other than the time of renewal of the license, will be accepted only if the
			 licensee making the request has paid all applicable fees required under OAR
			 812-003-0142  and 812-003-0320.
(2)
			 If a license is converted to inactive status prior to the expiration date of
			 the license but at a time other than the time of renewal of the license, the
			 effective dates of the license will remain unchanged and the license will
			 expire at the upcoming expiration date.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0360 - Inactive Status Request after Lapse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request to renew a license and convert
			 it to inactive status made after a lapse due to the expiration of the license
			 must be accompanied by fees required under OAR 812-003-0142.
(2) If a license is renewed and converted to
			 inactive status after a lapse due to expiration of the license, the agency will
			 establish the effective date of the license. An inactive license, if renewed,
			 shall expire two years after its effective date.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0370 - Renewal of Inactive Status

Current through Register Vol. 63, No. 7, July 1, 2024
To renew an inactive license in an inactive status:
(1) If the licensee was subject to discipline
			 by the agency, the licensee must satisfy any conditions imposed by the agency
			 as a result of the discipline;
(2)
			 The licensee must submit the request to renew the license in inactive status on
			 forms provided by the agency; and
(3) The licensee must submit the fees
			 required under OAR 812-003-0142.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.063
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0380 - Converting From Inactive Back to Active Status

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0390 - Revocation or Suspension of License

Current through Register Vol. 63, No. 7, July 1, 2024
(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 and the licensee or the licensee's surety
				fails to pay the order, award or determination in full, the agency will revoke,
				suspend, 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.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0400 - Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.068,
				  701.088
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0410 - Social Security Number

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0420 - Davis Bacon Act

Current through Register Vol. 63, No. 7, July 1, 2024
(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 276  a, the primary contractor shall provide the list
			 of subcontractors required by ORS
			 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).
Forms referenced are available from the
				  agency.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  279C.800-279C.870,
				  701.345
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0430 - Time Period for Perfecting a Lien or Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.131
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 3 - LICENSING › Section 812-003-0440 - Notification of Conviction of a Crime

Current through Register Vol. 63, No. 7, July 1, 2024
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)(i)
				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)(i)
				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
				  670.310  & 701.235
Statutes/Other Implemented: ORS
				  701.098
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0001

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.139,
				  701.140,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0110

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.133 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0160

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.455,
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0180

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.145
Stats. Implemented: ORS
				  183.415,
				  183.460 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0240

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.085(2005),
				  701.068,
				  701.088,
				  701.145 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0250

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.068,
				  701.088,
				  701.145,
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0260

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.480,
				  701.140,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0300

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.139,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0320

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.131,
				  701.133,
				  701.139,
				  701.140,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0340

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.139,
				  701.140,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.139,
				  701.140,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0360

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.140,
				  701.145 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0400

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.133,
				  701.140,
				  701.145,
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0420

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.145 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0450

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.145 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0460

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.145 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0470

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0480

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.145 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0510

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.470,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0520

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  701.133,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0535

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.133,
				  701.139,
				  701.140,
				  701.143,
				  701.145 &
				  701.146
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0540

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  183.470,
				  701.133 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0550

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.460,
				  183.470,
				  701.133 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0560

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  183.415,
				  183.417,
				  183.460,
				  183.470,
				  701.133 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-0600

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  670.310,
				  701.150 &
				  701.235
Stats. Implemented: ORS
				  701.081,
				  701.084,
				  701.088 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1001 - Application of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1110 - Complaint Processing Fee; Waiver of Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1120 - Liability of Licensee

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.133 &
				  701.146