reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 22 - CONTINUING EDUCATION FOR RESIDENTIAL CONTRACTORS › Section 812-022-0047 - Personnel of More than One Contractor - Continuing Education for Residential Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 an employee who completes a continuing education course is employed by more
			 than one contractor at the time the employee completes the course, each
			 employing contractor may claim the continuing education hours. For purposes of
			 this rule, "employed by more than one contractor" does not include leased
			 workers leased by more than one contractor. For leased workers, only one
			 contractor may claim the continuing education credits.
(2) If an owner, officer or RMI who completes
			 a continuing education course is associated with more than one contractor at
			 the time the owner, officer or RMI completes the course, each affiliated
			 contractor may claim the continuing education hours.
Stat. Auth.: ORS
				  670.310,
				  701.082 &
				  701.235
Stats. Implemented: ORS
				  701.082
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0000 - Authority, Purpose, Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Authority. These rules are promulgated in accordance with, and under the
			 authority of, ORS 470.560,
			 670.310,
			 701.108,
			 701.119 and Oregon Laws 2009,
			 chapter 753, section 48.
(2)
			 Purpose. These rules establish a certification system for primary contractors
			 that participate in the construction of small scale local energy projects
			 financed through the energy efficiency and sustainable technology loan program
			 created by ORS chapter 470 and Oregon Laws 2009.
(3) Scope. These rules:
(a) Establish the requirements for, and the
			 manner of, certifying applicants.
(b) Establish fees.
(c) Prescribe actions that constitute grounds
			 to deny, suspend, or revoke a certification.
(d) Outline requirements for notifying other
			 agencies.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to division 25 of OAR chapter
				812.
(1) "BOLI" means Bureau of Labor
			 and Industries.
(2) "BPI" means
			 Building Performance Institute.
(3) "Certification" means certification
			 provided to contractors that participate in the construction of small scale
			 local energy projects financed through the EEAST program.
(4) "Disadvantaged business enterprise" means
			 that term as defined in ORS
			 200.005(1). A
			 "disadvantaged business enterprise" is a small business concern:
(a) That is at least 51 percent owned by one
			 or more socially and economically disadvantaged individuals; or
(b) If a corporation, at least 51 percent of
			 the stock is owned by one or more socially and economically disadvantaged
			 individuals, and of which the management and daily business operations are
			 controlled by one or more of the socially and economically disadvantaged
			 individuals who own it.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0010 - Application and Eligibility to Participate in Construction of Projects Financed by the EEAST Program

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant for certification must submit the following:
(1) A completed application on a form
			 provided by the board;
(2) Proof
			 that the applicant is licensed by the board as a residential or commercial
			 contractor;
(3) A statement that
			 the applicant is or will be the primary contractor
(4) A copy of a BPI or REAP certificate,
			 referred to in OAR 812-025-0015;
(5) The fee established in OAR
			 812-025-0040.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0015 - Qualifications for Certification: Skill to Perform Installation

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE adopted performance skill standards that the board applies
				in granting certification. Under the ODOE standards, a contractor is qualified
				if:
(1) It holds a current and valid
			 BPI accredited contractor.
(2) It
			 is owned by or employs one or more persons who hold a current and valid BPI
			 certificate in at least one of the following disciplines:
(a) Building analyst;
(b) Envelope;
(c) Heating;
(d) Air conditioning/heat pump;
(e) Manufactured housing;
(f) Multifamily.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0020 - Additional Qualifications for Certification

Current through Register Vol. 63, No. 7, July 1, 2024
ODOE adopted standards that the board applies in granting
				certification. Under the ODOE standards, a contractor is qualified if:
(1) It is not listed by the Commissioner of
			 BOLI as ineligible to receive a contract, or subcontract, for public
			 works;
(2) It is one or more of the
			 following:
(a) An equal opportunity
			 employer;
(b) A small
			 business;
(c) A minority or women
			 business enterprise; or
(d) A
			 disadvantaged business enterprise.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0025 - Effective Date of Certification; Certification Term

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The effective date of the certification
			 will be the date the applicant meets all board requirements, including but not
			 limited to the receipt of the fee required under OAR 812-025-0040.
(2) All initial and renewal certifications
			 will be non-transferrable and effective for one (1) year from the date of
			 issue.
(3) All certifications will
			 be assigned a unique number.
(4) An
			 applicant for a certification may withdraw the application at any time before
			 issuance of the certification. The applicant must make written request to the
			 board in order to withdraw the certification application.
(5) If the board denies the certification, it
			 shall state, in writing, the reasons for denial.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0030 - Renewal of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
Contractors certified under these rules may renew their
				certifications by submitting the following:
(1) A properly completed application for
			 certification renewal on a form provided by the board;
(2) Proof that the person is licensed by the
			 board as a residential or commercial contractor;
(3) A copy of a BPI or REAP certificate,
			 referred to in OAR 812-025-0015;
(4) The fee established in OAR
			 812-025-0040.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0032 - Certification Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall issue a certification and pocket card effective on the date on
			 which the certification becomes effective under OAR 812-025-0025  or
			 812-025-0030.
(2) A certification
			 and pocket card is valid for the term for which it is issued.
(3) If a certification becomes invalid, the
			 agency may require the return of the certification and pocket card.
(4) There is no charge for the original
			 certification and pocket card issued by the agency.
(5) There is a $10 fee to replace a
			 certification and pocket card.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  192.440(4)(a),
				  701.063,
				  701.119 &
				  701.238
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0035 - Denial, Suspension or Revocation of Certification

Current through Register Vol. 63, No. 7, July 1, 2024
The board may deny, refuse to renew, suspend or revoke a
				certification authorized under these rules on the following grounds:
(1) Obtaining a certification through invalid
			 documentation;
(2) Permitting the
			 duplication or use of the certification by another;
(3) Failing to comply with any of the
			 certification standards in OAR 812-025-0015  and 812-025-0020.
(4) If a project is constructed for a
			 commercial structure, failing to pay employees used for the project at the
			 prevailing wage rated, as determined by the Commissioner of BOLI for each trade
			 or occupation employed.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0040 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All initial and
			 renewal certification application fees are non-refundable and
			 non-transferrable.
(2) The fee for
			 initial certification is $50.
(3)
			 The fee for renewal certification is $50.
(4) If the board receives payment of fees by
			 check and the check is returned to the agency as an NSF check, the board will
			 charge the applicant $25 in addition to the required fees.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 25 - ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST) › Section 812-025-0045 - Notification to Other Agencies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board's website is available to ODOE
			 to determine if the board issued, denied, suspended or revoked a
			 certification.
(2) If the board
			 receives a complaint that a certified contractor failed to comply with a wage
			 and hour standard for a project under the EEAST program, the board will forward
			 the complaint to BOLI.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS 470,
				  670.310,
				  701.108,
				  701.119 & 2009 OL Ch.
				  753
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0000 - General Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 812-030-0000  to
				812-030-0300:
(1) "Certificate" means
			 the authorization issued by the board to an individual locksmith.
(2) "Conviction" means a final judgment on a
			 verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no
			 contest), or any other determination of guilt entered by a court against an
			 individual in a criminal case unless the final judgment has been reversed or
			 set aside by a subsequent court decision.
(3) "False statement" means a statement
			 whereby an individual applying for a locksmith certificate:
(a) Provides the board with materially false
			 information; or
(b) Fails to
			 provide the board with information material to determining his or her
			 qualifications.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0010 - Testing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The board shall
			 provide and administer a test to each applicant for a locksmith
			 certificate.
(2) The test shall
			 demonstrate the competency of the applicant to act as a locksmith.
(3) The applicant must correctly answer 100
			 percent of the questions to pass the test.
Stat. Auth.: ORS
				  670.310,
				  701.235
Stats. Implemented: ORS
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0100 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
The following crimes will potentially disqualify an applicant
				for a locksmith certificate:
(1)
			 Murder.
(2) Kidnapping.
(3) Assault in the first degree.
(4) Rape.
(5) Sodomy.
(6) Unlawful sexual penetration.
(7) Arson in the first degree.
(8) Robbery in the first or second
			 degree.
(9) Burglary in the first
			 or second degree.
(10) Theft in
			 the first or second degree.
(11)
			 Theft by extortion.
(12) Aggravated
			 theft in the first degree.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.485
Stats. Implemented: ORS
				  701.098,
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0110 - Fitness Determination - Criminal Offense

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Locksmiths have the knowledge and tools
			 to bypass or neutralize security devices in vehicles, homes and businesses. An
			 individual may not be fit to be a locksmith if the individual engaged or
			 engages in activity that puts public safety or security at risk by unlawfully
			 accessing property that does not belong to the individual.
(2) The fitness to engage in locksmithing
			 also includes, but is not limited to, the ability to refrain from violent,
			 threatening, intimidating or sexually predatory behavior and to refrain from
			 dishonest or fraudulent conduct.
(3) The board may determine that an
			 individual is not fit for a locksmith certificate based on:
(a) A conviction for any crime listed in OAR
			 812-030-0100  occurring within seven (7) years before the date of
			 application;
(b) The nature of the
			 crime;
(c) The facts that support
			 the conviction;
(d) The relevancy,
			 if any, of the crime to the requirements for certified locksmiths;
(e) The fact that the individual is currently
			 on probation or post-prison supervision; and
(f) Intervening circumstances relevant to the
			 responsibilities and circumstances of a certified locksmith. Intervening
			 circumstances include, but are not limited to:
(A) The passage of time since the commission
			 of the crime;
(B) The age of the
			 subject individual at the time of the crime;
(C) The likelihood of a repetition of
			 offenses or of the commission of another crime;
(D) The subsequent commission of another
			 crime listed in OAR 812-030-0100  or a closely related crime; and
(E) Whether the conviction was set aside and
			 the legal effect of setting aside the conviction. An individual shall not be
			 denied certification on the basis of a criminal conviction that has been
			 expunged pursuant to ORS
			 419A.260 and
			 419A.262, or other similar
			 process under the laws of any jurisdiction.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0205 - Temporary Authorization for Military Spouse - Locksmiths

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 home inspector
			 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 30 - LOCKSMITH CERTIFICATION › Section 812-030-0200 - General Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An individual must submit the following to qualify for a
				locksmith certificate:
(1) An
			 application on a form provided by the board;
(2) The fee established in OAR 812-030-0250;
			 and
(3) If applicable, the CCB
			 license number of the business owned by or employing the applicant.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.485
Stats. Implemented: ORS
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0210 - Certificate Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of the certificate will be the date that the applicant meets all
			 board requirements, including but not limited to passing the test required by
			 OAR 812-030-0010  and paying the fee required under OAR 812-030-0250.
(2) A unique number will be assigned to each
			 certificate.
(3) All certificates
			 shall be issued in the name of the individual who passed the test required by
			 OAR 812-030-0010.
(4) If the board
			 issues a certificate, it shall mail the certificate to the applicant.
(5) If the board denies a certificate, it
			 shall state, in writing, the reasons for denial.
(6) A certificate shall be
			 non-transferable.
(7) A certificate
			 shall be effective for two years from the date of issue.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.485
Stats. Implemented: ORS
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0220 - Requirements for Certificate Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
A certified locksmith shall submit the following to the board
				for renewal of the locksmith's certificate:
(1) Renewal application information as
			 required by the board;
(2) The fee
			 established in OAR 812-030-0250; and
(3) If applicable, the CCB license number of
			 the business owned by or employing the applicant.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.485
Stats. Implemented: ORS
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0223 - Certificate Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall issue a certificate and pocket card effective on the date on which
			 the certificate becomes effective under OAR 812-030-0210  or
			 812-030-0220.
(2) A certificate and
			 pocket card is valid for the term for which it is issued.
(3) If a certificate becomes invalid, the
			 agency may require the return of the certificate and pocket card.
(4) There is no charge for the original
			 certificate and pocket card issued by the agency.
(5) There is a $10 fee to replace a
			 certificate and pocket card.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  192.440(4)(a),
				  701.063,
				  701.238 &
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0230 - Certificate Renewal - Effective Date; Effect of Lapse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A renewed certificate shall be effective
			 on the day following the expiration date for which the renewal is sought if the
			 certified locksmith fulfills all of the requirements in OAR 812-030-0220  on or
			 before the expiration date.
(2)
			 Except as provided in subsection (4), if a certified locksmith fails to fulfill
			 all of the requirements in OAR 812-030-0220  on or before the expiration date,
			 but fulfills the requirements at a future date, the renewal shall be effective
			 on the date that all the requirements for renewal have been fulfilled. During
			 the period from the expiration date to the effective date, the certificate is
			 deemed to have lapsed.
(a) A locksmith may not
			 undertake, offer to undertake or submit to do work as a locksmith for
			 compensation while the certificate is lapsed.
(b) A locksmith may not use the title of
			 locksmith, locksmith professional, commercial locksmith, lock installer or any
			 title using a form of the word "locksmith" while the certificate is
			 lapsed.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0235 - Mailing and E-mail Address Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certified locksmiths shall notify the
			 board of any change in mailing or e-mail addresses while certified and for one
			 year following the certification expiration date. Such persons must notify the
			 board within 10 days after changing an address.
(2) No charge will be made for a mailing or
			 e-mail address change to the board's records.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.117 &
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0240 - Requirement that Locksmith Own or Work for a Licensed Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 work as a locksmith, a certified locksmith must:
(a) Be an owner or employee of a licensed
			 construction contractor, including, but not limited to, a residential locksmith
			 services contractor; or
(b) Be
			 otherwise exempt under ORS
			 701.490.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0250 - Application, Renewal and Certificate Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application fee for all certificates
			 is $60.
(2) The fee for the test
			 required under OAR 812-030-0010  is $60.
(3) The fee for issuance of an initial
			 two-year certificate is $60.
(4)
			 The fee for renewal of a two-year certificate is $60.
(5) All fees are non-refundable and
			 non-transferrable.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.485
Stats. Implemented: ORS
				  701.480 &
				  701.485
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 30 - LOCKSMITH CERTIFICATION › Section 812-030-0300 - Standards of Professional Conduct

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A certified locksmith shall not engage in
			 dishonest or fraudulent conduct, including, but not limited to:
(a) Committing any crime that results in a
			 conviction of an offense listed in OAR 812-003-0100  to the extent the
			 conviction demonstrates a lack of fitness under OAR 812-003-0110;
(b) Submitting to the board an application
			 for a certificate that includes a false statement; or
(c) Failing to timely pay a civil penalty or
			 fine imposed by a unit of local, state or federal government.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0000 - General Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to OAR 812-032-0000  to
				812-032-0150:
(1) "Certificate" means
			 the authorization issued by the board to an individual home energy assessor.
(2) "License" means the
			 construction contractor license issued by the board under ORS
			 701.046 to a business offering
			 or providing home energy performance scores, including, but not limited to, a
			 home energy performance score contractor.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.527-701.536
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0100 - General Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
An individual must submit the following to qualify for a home
				energy assessor certificate:
(1) An
			 application on a form provided by the board;
(2) Proof of passing a training program
			 designated by the Department of Energy;
(3) If applicable, the CCB license number of
			 the business owned by or employing the applicant; and
(4) The fee established in OAR
			 812-032-0150.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.527-701.536
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0115 - Temporary Authorization for Military Spouse - Home Energy Assessor

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 home energy
			 assessor 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 32 - HOME ENERGY ASSESSOR › Section 812-032-0110 - Certificate Issuance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of the certificate will be the date that the applicant meets all
			 board requirements, including paying the fee required under OAR 812-032-0150.
(2) A unique number will be
			 assigned to each certificate.
(3)
			 If the board issues a certificate, it will mail the certificate to the
			 applicant.
(4) If the board denies
			 a certificate, it will state, in writing, the reasons for denial.
(5) A certificate shall be non-transferable.
(6) A certificate shall be
			 effective for one year from the date of issue.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.532
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0120 - Requirements for Certificate Renewal

Current through Register Vol. 63, No. 7, July 1, 2024
A certified home energy assessor shall submit the following to
				the board for renewal of the home energy assessor's certificate:
(1) Renewal application information as
			 required by the board;
(2) If
			 applicable the CCB license number of the business owned by or employing the
			 applicant; and
(3) The fee
			 established in OAR 812-032-0150.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.532
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0123 - Certificate Cards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency shall issue a certificate and pocket card effective on the date on which
			 the certificate becomes effective under OAR 812-032-0110  or 812-032-0120.
(2) A certificate and pocket card
			 is valid for the term for which it is issued.
(3) If a certificate becomes invalid, the
			 agency may require the return of the certificate and pocket card.
(4) There is no charge for the original
			 certificate and pocket card issued by the agency.
(5) There is a $10 fee to replace a
			 certificate and pocket card.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.532
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0130 - Certificate Renewal - Effective Date; Effect of Lapse

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A renewed certificate shall be effective
			 on the day following the expiration date for which the renewal is sought if the
			 certified home energy assessor fulfills all of the requirements in OAR
			 812-032-0120  on or before the expiration date.
(2) Except as provided in subsection (4), if
			 a certified home energy assessor fails to fulfill all of the requirements in
			 OAR 812-032-0120  on or before the expiration date, but fulfills the
			 requirements at a future date, the renewal shall be effective on the date that
			 all the requirements for renewal have been fulfilled. During the period from
			 the expiration date to the effective date, the certificate is deemed to have
			 lapsed.
(a) A home energy assessor may not
			 offer to assign, or assign, home energy scores while the certificate is lapsed.
(b) A home energy assessor may not
			 use the title of home energy assessor or similar other title while the
			 certificate is lapsed.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0135 - Mailing and E-mail Address Changes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Certified home energy assessors shall
			 notify the board of any change in mailing or e-mail addresses while certified
			 and for one year following the certification expiration date. Such persons must
			 notify the board within 10 days after changing an address.
(2) No charge will be made for a mailing or
			 e-mail address change to the board's records.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.532
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0140 - Requirement that Home Energy Assessor Own or Work for a Licensed Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In order to
			 work as a home energy assessor, a certified home energy assessor must be an
			 owner or employee of a licensed construction contractor, including, but not
			 limited to, a home energy performance score contractor.
(2) If the board refuses to issue, refuses to
			 reissue, suspends or revokes the contractor's license, or if the construction
			 contractor' license expires or becomes inactive, the certified home energy
			 assessor may not:
(a) Undertake, offer to
			 assign or assign home energy performance scores; or
(b) Use the title of home energy assessor or
			 similar other title.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 32 - HOME ENERGY ASSESSOR › Section 812-032-0150 - Application, Renewal and Certificate Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application fee for a home energy
			 assessor certificate is $100.
(2)
			 The fee for issuance of an initial one-year certificate is $100.
(3) The fee for renewal of a one-year
			 certificate is $100.
(4) All fees
			 are non-refundable and non-transferrable.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.532
Stats. Implemented: ORS
				  701.532
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 1 - DESCRIPTIVE AND PROCEDURAL RULES › Section 813-001-0002 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 001, is promulgated to provide an
				overview of the Housing and Community Services Department and related entities
				and to describe general procedural rules with respect to the review and
				approval or disapproval by the State Housing Council of certain housing grants,
				loans and other funding awards proposed to it by the Director of the
				Department.
Stat. Auth.: ORS
				  90.630,
				  90.771 -
				  90.775,
				  90.800 -
				  90.840, 183,
				  315.271,
				  317.097,
				  446.525 -
				  446.543,
				  456.515 -
				  456.725,
				  458.210 -
				  458.365,
				  458.405 -
				  458.460,
				  458.505 -
				  458.740,
				  566.310 -
				  566.350 &
				  757.612 -
				  757.617
Stats. Implemented: ORS
				  90.630,
				  90.771 -
				  90.775,
				  90.800 -
				  90.840, 183,
				  315.271,
				  317.097,
				  446.525 -
				  446.543,
				  456.515 -
				  456.725,
				  458.210 -
				  458.365,
				  458.405 -
				  458.460,
				  458.505 -
				  458.740,
				  566.310 -
				  566.350 &
				  757.612 -
				  757.617
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 1 - DESCRIPTIVE AND PROCEDURAL RULES › Section 813-001-0007 - Procedural Rules for Housing Stability Council Review and Determination with Respect to Certain Housing Loan, Grant and Other Funding Award Proposals by the Executive Director

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 or the Director's department designees shall submit proposed loan, grant or
			 other funding award proposals arising under ORS
			 456.515 to
			 456.725 programs to the Housing
			 Stability Council for review and approval if the proposal is for:
(a) A proposed single-family loan on property
			 with a purchase price which, when reduced by costs of purchase other than the
			 department loan, is equal to or greater than ninety-five percent of the
			 applicable area program purchase price limit or;
(b) Loans, grants, and other funding award
			 proposals arising under ORS
			 456.515 to
			 456.725 concerning a particular
			 multifamily housing project that, in the aggregate:
(i) are equal to or greater than
			 $1,000,000,
(ii) constitute more
			 than 50% of the total development budget for such project, provided that the
			 total development budget of such project is $1,000,000 or greater, or
(iii) are outside of applicable
			 agency guidelines.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 1 - DESCRIPTIVE AND PROCEDURAL RULES › Section 813-001-0009 - Adopting Attorney General's Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
The Housing and Community Services Department adopts as its
				rules of procedure the Model Rules of Procedure as promulgated by the Attorney
				General of the State of Oregon under the Administrative Procedures Act and in
				effect on April 1, 2014.
(1) Pursuant
			 to ORS 183.341. Oregon Housing and
			 Community Services adopts by reference the Attorney General's Model Rules of
			 Procedures for Contested Cases (OAR 137-003) in effect April 1, 2014, as they
			 may be amended from time to time.
(2) Pursuant to ORS
			 183.341, Oregon Housing and
			 Community Services adopts by reference the Attorney General's Model Rules for
			 Rulemaking (OAR137-001) in effect January 1, 2023, as they may be amended from
			 time to time.
The Attorney General's Model Rules of Procedure are available
				  from the office of the Attorney General or the Housing and Community Services
				  Department.
Statutory/Other Authority: ORS
				  183.341 & OL 1999 Ch.
				  849
Statutes/Other Implemented: ORS
				  183.025, ORS
				  183.090 & ORS
				  183.310
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 1 - DESCRIPTIVE AND PROCEDURAL RULES › Section 813-001-0011 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Director may waive or modify any requirements of OAR 813,
				division 001, unless such waiver or modification would violate applicable
				federal or state statutes or regulations.
Stat. Auth.: ORS
				  91.886, 183 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  456.515,
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 1 - DESCRIPTIVE AND PROCEDURAL RULES › Section 813-001-0060 - Lay Representative, Contested Cases Involving Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the
			 approval of the Attorney General, an officer or employee of the Department is
			 authorized to appear on behalf of the Department in a contested case hearing
			 conducted by the Department or by the Office of Administrative Hearings on a
			 civil penalty assessed by the Department against a landlord or owner of a
			 manufactured dwelling park pursuant to ORS
			 90.736.
(2) A representative of the Department under
			 section (1) of this rule may not make legal argument on behalf of the
			 Department, including an argument on any of the following:
(a) The jurisdiction of the Department to
			 hear the contested case;
(b) The
			 constitutionality of a statute or rule or the application of a constitutional
			 requirement to the Department or an agency generally; or
(c) The application of court precedent to the
			 facts of the particular contested case proceeding.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0005 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR Chapter 813, Division 2 establishes the rules and
				guidelines for the Affordable Rental Housing (ARH) Division within the Oregon
				Housing and Community Services Department (OHCS). This Division 2 is designed
				to govern the ARH division's rules and policies for the entire division.
Statutory/Other Authority: ORS
				  456.250 - 456.395, ORS
				  456.500 - 456.723 & ORS
				  458.210 - 458.740
Statutes/Other Implemented: ORS
				  456.250 - 456.395, ORS
				  456.500 - 456.723 & ORS
				  458.210 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0015 - Governance and Decision Making

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ARH may develop, review, and propose
			 changes to policies as necessary to address evolving housing needs, market
			 conditions, and legislative mandates.
(2) The General Policy and Guideline Manual
			 (GPGM) dated May 6 2024, as amended from time to time, is incorporated into
			 this Division 2 by reference.
Statutory/Other Authority: 456.250 - 456.395, 456.500 -
				  456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395, 456.500 -
				  456.723 & 458.210 - 458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0020 - Public Input

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Public feedback may be provided to ARH
			 using the Housing Stability Council public feedback process which is published
			 on the OHCS website.
(2) ARH
			 Funding Applicants and prospective Applicant input may also be provided to ARH
			 through the OHCS General Housing email inbox at
			 app.team@hcs.oregon.gov.
(3)
			 Project Owners that receive ongoing OHCS compliance monitoring may also provide
			 feedback regarding ARH policies by using the methods listed above or by
			 contacting the ARH staff member responsible for monitoring their
			 project.
(4) Tenants residing in
			 properties that receive ongoing OHCS compliance monitoring may provide feedback
			 regarding ARH policies by using the methods listed above in addition to
			 contacting an ARH staff member responsible for monitoring the
			 property.
(5) Public feedback will
			 be taken under consideration by ARH. ARH will retain sole discretion for final
			 decision-making regarding the feedback provided by the public.
Statutory/Other Authority: 456.250 - 456.395,, 456.500 -
				  456.723 & 458.210 - 458.740
Statutes/Other Implemented: 456.250 - 456.395,, 456.500 -
				  456.723 & 458.210 - 458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0025 - Funding Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Funding Process may include multiple
			 housing resources. Applications may be accepted on a rolling basis if funding
			 is available.
(2) During the ORCA
			 application process, ARH staff will work with Applicants to assign the best
			 Funding for a project based on the project type, Applicant's project management
			 experience, eligibility requirements, Funding availability, and other factors
			 as determined by ARH.
(3) Funding
			 may be set aside to assure access and availability for historically underserved
			 areas or Applicants depending on ARH policy goals or resource
			 priorities.
(4) Projects in the ARH
			 development pipeline will move through various steps to receive Funding.
			 Standards tied to these steps may be determined by the unique project needs as
			 well as specific funding types attached to the project.
(5) Movement through the ARH development
			 pipeline steps will be determined by the Applicant's ability to complete tasks
			 and achieve standards. However, some steps may be time-constrained as
			 determined by ARH. OHCS will provide Applicants with notice of any deadlines
			 for necessary tasks related to the project if failure to complete the task
			 would result in a project restarting a step in the pipeline, denial of funding,
			 or ARH recalling a conditional commitment of the project funding.
Statutory/Other Authority: ORS
				  456.250 - 456.395, ORS
				  456.500 - 456.723 & ORS
				  458.210 - 458.740
Statutes/Other Implemented: ORS
				  456.250 - 456.395, ORS
				  456.500 - 456.723 & ORS
				  458.210 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0030 - Technical Advisory

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ARH Predevelopment and Pipeline Technical
			 Advisory assistance and guidance may include:
(a) Assistance to Developers in identifying
			 support needed to navigate the Funding Process or ARH development pipeline,
			 strengthen OHCS capacity to build and maintain affordable rental housing, or
			 other areas determined by OHCS.
(b)
			 Offering resources and referrals to Developers.
(c) Guidance regarding difficulties
			 Developers encounter during the Funding Process or while in the ARH development
			 pipeline.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0035 - Funding Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications will be evaluated based on
			 standards and requirements published in the Funding Process.
(2) All HSC Funding approvals are considered
			 conditional.
(3) HSC may
			 conditionally approve maximum subsidy amounts, early project parameters, and
			 project restrictions.
(a) Applicants may
			 alter project plans for projects conditionally approved by HSC if the changes
			 are immaterial and do not fundamentally alter the project scope or
			 intent.
(b) Applicants may not
			 alter project plans for projects conditionally approved by HSC if the changes
			 are material and fundamentally alter the project scope or intent. If an
			 Applicant seeks to make such changes, the project must return to HSC for
			 approval of the changes prior to Applicant implementing the
			 change(s).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0040 - Protests and Judicial Review of Funding Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A prospective Applicant may protest an
			 ARH Funding Process. Before seeking judicial review, a prospective Applicant
			 must file a written protest with OHCS and exhaust all administrative
			 remedies.
(2) Unless otherwise
			 specified by the ARH Funding Process, a protest must be delivered in writing to
			 OHCS not less than 10 calendar days prior to an application due date. In the
			 case of the ORCA with no due date, a protest must be received during the open
			 application period of the ORCA. Protests of any Funding Process will not affect
			 OHCS Funding decisions that were made prior to OHCS' receipt of a
			 protest.
(3) A prospective
			 Applicant's written protest must include the following elements:
(a) Sufficient information to identify the
			 Funding Process that is the subject of the protest;
(b) The grounds that demonstrate how the
			 Funding Process is contrary to law or how the Funding Process is legally
			 flawed;
(c) Evidence or
			 documentation that supports the grounds on which the protest is
			 based;
(d) The relief sought;
			 and
(e) A statement of the desired
			 changes to the Funding Process that the prospective Applicant believes will
			 remedy the conditions upon which the prospective Applicant based its
			 protest.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0045 - Protests and Judicial Review of Funding Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Applicant may protest the Funding
			 offered to a project, or the intent to award Funding, whichever occurs first,
			 if the following conditions are satisfied:
(a) The Applicant is adversely affected
			 because the Applicant would be eligible to be awarded Funding in the event that
			 the protest was successful; and
(b)
			 The reason for the protest is that:
(A) OHCS
			 has failed to conduct the evaluation of applications in accordance with the
			 criteria or processes described in the Funding Process;
(B) OHCS has abused its discretion in
			 rejecting the protestor's application; or
(C) OHCS' evaluation of applications or OHCS'
			 subsequent determination of Funding is in violation of law.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0050 - Protests and Judicial Review of Enforcement Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An Applicant may protest an OHCS
			 enforcement action if the following conditions are satisfied:
(a) OHCS has abused its discretion in
			 initiating an enforcement action; or
(b) OHCS' enforcement is in violation of
			 law.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 2 - AFFORDABLE RENTAL HOUSING DIVISION RULES › Section 813-002-0055 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ARH may require the payment of fees and
			 charges as it determines appropriate with respect to the administration of its
			 housing programs and the ORCA or other Funding process requirements. These fees
			 and charges may include, but are not limited to:
(a) The Funding Process application, award,
			 documentation and use of department ARH Funding assistance.
(b) Ongoing compliance monitoring and
			 enforcement of financial, affordability, and habitability
			 requirements.
(c) Transfers,
			 subordinate liens, and encumbrances.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 003, is promulgated to carry out the
				provisions of ORS 291.055(c) and
				456.562, which relate generally
				to the Department's authority to license, share or otherwise provide for the
				use by a Person of intellectual property acquired or developed by the
				Department.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562