reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1140 - Liability of Contractor for Complaint Related to Contractor's Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an employee
			 complaint, material complaint or subcontractor complaint arises from property
			 owned by a licensed contractor, the licensed contractor is a contractor subject
			 to ORS chapter 701 unless the contractor supplies pre-contract written notice
			 to suppliers, subcontractors, and other potential complainants that the
			 property is for the contractor's personal use and that the contractor is not
			 subject to ORS chapter 701, as provided in ORS
			 701.010(7).
(2) If a licensed contractor files a
			 complaint against another licensed contractor arising from property owned by
			 the contractor filing the complaint, the contractor filing the complaint is a
			 contractor subject to ORS chapter 701 unless the property is for the
			 contractor's personal use and occupancy.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: OAR 701)
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1160 - Establishment of Co-Complainant

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may allow a person to become a co-complainant, with
				the complainant's permission, even though that person did not sign the
				complaint form if the person would otherwise qualify as a
				complainant.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1180 - Complainant's Responsibility to Pursue Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Throughout the processing of a complaint,
			 a complainant has the responsibility to pursue the complaint and to respond in
			 a timely manner to requests from the agency for information or
			 documents.
(2) The agency may close
			 a complaint under OAR 812-004-1260  if:
(a) The
			 complainant does not respond to a written request from the agency, or to
			 provide requested information or documents within a time limit specified in
			 that request; or
(b) The
			 complainant does not respond in writing to a written request from the agency,
			 after being instructed to do so by the agency.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1195 - Exhibits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a party to a
			 complaint submits a document that is larger than 8-1/2 inches by 14 inches or a
			 photograph as an exhibit, the agency may require that the party submit four
			 copies of the document or photo.
(2) The disposal of large exhibits is subject
			 to OAR 812-001-0130.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: OAR
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1210 - Address of Complainant and Respondent

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  All communications directed to the last known address of
				record of a party to a complaint is considered delivered when deposited in the
				United States mail and sent by regular mail.
(2)  A party must notify the agency in writing within 10 days of
				any change in the party's address, withdrawal or change of the party's attorney
				or change of address of the party's attorney during the processing of the
				complaint and until 90 days after the date the agency notifies the parties that
				the complaint is closed.
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: OAR
				  701.117
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1240 - Exhaustion of Surety Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may continue processing a complaint even though the
				surety bond, letter of credit or cash deposit related to that complaint is
				exhausted by prior complaints.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: OAR
				  701.068,
				  701.088,
				  701.145 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1250 - Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 complaints filed under ORS
			 701.145, the agency may include
			 the following costs in the amount of a judgment that is subject to payment by a
			 surety or financial institution:
(a) Court
			 costs;
(b) Interest;
(c) Costs, other than attorney fees, to
			 pursue litigation or the complaint; or
(d) Service charges or fees.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1260 - Closing a Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 agency may close a complaint because:
(a) The
			 complainant did not act in response to a request from the agency;
(b) The complaint is not the type of
			 complaint that the agency has jurisdiction to determine under ORS
			 701.140;
(c) The complaint was not filed within the
			 time allowed under ORS
			 701.143;
(d) The complainant failed to pay the
			 complaint processing fee as required under OAR 812-004-1110  and
			 812-004-1400;
(e) The complaint
			 contains a mediation or arbitration agreement that the complainant has not
			 waived;
(f) The complainant does
			 not comply with the on-site meeting requirements as provided in OAR
			 812-004-1450(2);
(g) The
			 complainant and respondent settle the complaint as provided in OAR
			 812-004-1500;
(h) The complainant
			 does not, within 30 days of the date of completion of the settlement agreement,
			 notify the agency whether the terms of the settlement agreement have been
			 fulfilled;
(i) The complainant
			 fails to provide documents to the agency as required by OAR 812-004-1520;
			 or
(j) The agency does not timely
			 receive evidence of a stay or counter-suit on a construction lien complaint, as
			 provided in OAR 812-004-1530.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1300 - Filing Date of Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided under section (3) and
			 (6) of this rule, a complaint filed with the agency under ORS
			 701.139 is deemed to have been
			 filed when a complaint is received by the agency that:
(a) Meets the requirements of OAR
			 812-004-1340(1) and (2)(m); and
(b) Contains information sufficient to
			 identify the complainant and respondent.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1320 - Jurisdictional Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 complaint must be of a type described under ORS
			 701.140.
(2) A complaint must be filed with the agency
			 within the time allowed under ORS
			 701.143.
(3) A complaint will be processed only
			 against a licensed entity. Whether a respondent is licensed for purposes of
			 this section must be determined as follows:
(a) For an owner, primary contractor or
			 subcontractor complaint, the respondent will be considered licensed if the
			 respondent was licensed during all or part of the work period.
(b) For a material complaint, the respondent
			 will be considered licensed if one or more invoices involve material delivered
			 while the respondent was licensed. A surety company or financial institution is
			 only liable for payments for material delivered within the period of time that
			 the respondent was licensed.
(c)
			 For an employee or employee trust complaint, the respondent will be considered
			 licensed if the respondent was licensed on one or more days that the
			 complainant, or the employee that is the subject of the trust, performed work
			 that was not paid for. A surety company or financial institution is only liable
			 for payments for unpaid wages or benefits provided on days on which the
			 respondent was licensed.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1340 - Form of Complaints, Pre-Complaint Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except for complaints initiated by wage
			 claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, a complaint
			 must be submitted on a complaint form provided by the agency. The agency may
			 require the use of the most recent revision of the complaint form.
(2) The complainant must submit the following
			 information on or with the complaint form required under section (1) of this
			 rule if applicable:
(a) The name, address and
			 telephone number of the complainant;
(b) The name, address, telephone number and
			 license number of the respondent;
(c) The amount, if known at the time the
			 complaint is filed, that the complainant alleges is due from the respondent
			 after crediting payments, offsets and counterclaims in favor of the licensee to
			 which the complainant agrees;
(d)
			 Identification of the type of complaint;
(e) The date on which the contract was
			 entered into;
(f) If the contract
			 was in writing, a copy of the contract, including all relevant attachments, if
			 any;
(g) The location of the work
			 at issue in the complaint, described by a postal address or other description
			 sufficient to locate the work site on a map and on the ground;
(h) The beginning and ending date of the work
			 or invoices;
(i) Payments, offsets
			 and counterclaims of the respondent, if known;
(j) Whether the project involves work on a
			 residential, small commercial or large commercial structure;
(k) A certification by the complainant that
			 the information provided on the complaint form is true;
(l) If a court judgment or judgment based on
			 an arbitration award is the basis for the complaint, a copy of the judgment,
			 arbitration award, the original complaint and any answers or counter-suits
			 related to the parties to the complaint filed in the court action or
			 arbitration;
(m) Documents
			 described in section (9) of this rule that are related to the pre-complaint
			 notice requirement in ORS
			 701.133.
(n) Additional information required under
			 sections (3) through (8) of this rule.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1350 - Procedure if Information on Complaint Form is Incomplete

Current through Register Vol. 63, No. 7, July 1, 2024
If the agency receives a complaint form that does not meet the
				requirements of OAR 812-004-1340, the agency may close the complaint if the
				complainant does not provide the missing information in response to a written
				request for the information from the agency. The written request and closure
				must comply with OAR 812-004-1260.
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 812-004-1360 - Addition of Complaint Items at On-Site Meeting

Current through Register Vol. 63, No. 7, July 1, 2024
If the agency holds an on-site meeting, the complainant may add
				new complaint items up to and through the initial on-site meeting. New items
				added to a timely filed complaint under this rule are considered timely
				filed.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1400 - Initial Administrative Processing of Complaints; Collection of Fee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Upon receipt of
			 a complaint or BOLI wage claim, the agency must:
(a) Send a copy of the complaint or BOLI wage
			 claim to the respondent;
(b) Except
			 for complaints initiated by wage claims filed with BOLI pursuant to Oregon Laws
			 2019, chapter 444, verify that the complainant has provided information
			 required under OAR 812-004-1340  and request additional information from the
			 complainant if necessary;
(c) Make
			 a preliminary determination that the board has or lacks jurisdiction over the
			 complaint based on the information provided by the complainant;
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1420 - Processing Owner and Primary Contractor Complaints Together

Current through Register Vol. 63, No. 7, July 1, 2024
If an owner complaint based on the same facts and issues is
				received at any time during the processing of a primary contractor complaint,
				the two complaints will be processed together.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1440 - Contracts With Arbitration Agreements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a complaint is based on a contract
			 that contains an agreement by the parties to mediate disputes arising out of
			 the contract, the specific terms of the mediation agreement supersede agency
			 rules except as set forth in ORS
			 701.180.
(2) If the contract requires mediation, the
			 agency will be the mediator unless the contract requires mediation by a
			 specific mediator other than the agency.
(3) If the contract requires mediation by a
			 specific mediator other than the agency, the agency must inform the respondent
			 by written notice that, if the respondent wants to mediate under the terms of
			 the contract, the respondent must initiate the contractual mediation process
			 within the time allowed under ORS
			 701.180 and submit evidence to
			 the agency within 40 days from the date of the agency's written notice that
			 respondent initiated mediation under the terms of the contract.
(4) If mediation under the contract is timely
			 commenced under ORS 701.180, the agency must suspend
			 processing the complaint until the mediation is complete.
(5) Notwithstanding receipt of a notice of
			 intent to file a complaint under ORS
			 701.133 or any prior
			 communication from the agency referencing a complaint, for purposes of ORS
			 701.180, a respondent receives
			 notice of a complaint when the agency sends the respondent the notice described
			 under section (3) of this rule.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1450 - On-site Meeting and Telephone Mediation; Attendance of the Complainant

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may
			 schedule one or more on-site meetings or telephone mediations among the parties
			 for the purpose of discussing a settlement of a complaint under ORS
			 701.145.
			 The agency will transmitnotice of an on-site meeting before the date scheduled
			 for the meeting. The notice must include notice of the requirements of section
			 (2) and (3) of this rule and must comply with the requirements of OAR
			 812-004-1260(2).
(2) If the agency
			 schedules an on-site meeting, the following apply:
(a) The complainant must allow access to the
			 property that is the subject of the complaint.
(b) The complainant or an agent of the
			 complainant must attend the meeting. An agent of the complainant must have
			 knowledge of all complaint items included in the complaint and must have
			 authority to enter into a settlement of the complaint.
(c) The complainant must allow the respondent
			 to be present at the on-site meeting as required by ORS
			 701.145.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1460 - Agency Recommendation of Resolution

Current through Register Vol. 63, No. 7, July 1, 2024
If it appears that the respondent has breached a contract or
				performed work negligently or improperly, the agency may recommend to the
				complainant and respondent a resolution consistent with the terms of the
				contract, generally accepted building practices, and industry
				standards.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.130,
				  701.145 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1480 - Resolution by Settlement and Construction of Settlement Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency may
			 present a settlement proposal to the complainant and respondent for their
			 consideration and agreement at or after an on-site meeting or telephone
			 mediation conducted under OAR 812-004-1450.
(2) If the complainant and respondent sign a
			 settlement agreement, the agreement shall be binding upon each party unless
			 breached by the other.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.130,
				  701.145 &
				  701.150
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1490 - Subsequent On-Site Meetings; Determining Compliance; Closing Complaint

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a dispute
			 arises as to whether the respondent complied with the settlement agreement, the
			 agency may schedule a subsequent on-site meeting.
(2) If the agency determines that the
			 respondent complied with the terms of the settlement agreement, the agency may
			 close the complaint.
(3) If the
			 agency determines that the respondent did not comply with the terms of the
			 settlement agreement, the complainant must obtain a judgment and submit the
			 judgment to the agency in order to recover under the respondent's
			 bond.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.139,
				  701.140 &
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1500 - Closure of Complaint After Settlement

Current through Register Vol. 63, No. 7, July 1, 2024
If the complainant and respondent agree to a settlement, within
				30 days from the date the settlement agreement requires completion of the terms
				of the settlement, the complainant must notify the agency in writing whether
				the terms of the settlement have been fulfilled.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1505 - Complaint Not Settled

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 other than a BOLI final order, if the complainant and respondent do not settle
			 the complaint, the complainant must obtain a court judgment, including a
			 judgment on an arbitration award, in order to recover from the respondent's
			 bond.
(2) The agency will process
			 the judgment and issue its determination as to the amount of the judgment that
			 complainant is entitled to recover from respondent's bond.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.145
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1510 - Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 judgment based on a court action or arbitration award or a Bureau of Labor and
			 Industries (BOLI) final order constitute the basis for a complaint if:
(a) The complaint is based on a wage claim
			 filed with BOLI and BOLI provides a copy of that wage claim to CCB within 30
			 days of receiving the wage claim, as provided in Oregon Laws 2019, chapter 444;
			 or
(b) A complaint is filed under
			 OAR 812-004-1300  and 812-004-1340  within the time limit in ORS
			 701.143; and
(c) All or a portion of the judgment or the
			 BOLI final order is within the jurisdiction of the agency.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1520 - Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except for complaints initiated by wage claims filed with BOLI pursuant to
			 Oregon Laws 2019, chapter 444, the agency may suspend processing a complaint
			 if:
(a) The complainant or respondent submits
			 to a court, arbitrator or BOLI a complaint based on the same facts and issues
			 contained in the complaint filed with the agency; or
(b) The complainant in an owner complaint
			 involving a residential structure submits copies of a notice of defect required
			 under ORS 701.565 and the registered mail
			 receipt for the notice and the notice of defect relates to the same facts and
			 issues contained in the complaint.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1530 - Construction Lien Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The agency may schedule one or more on-site meetings or telephone mediations
			 among the parties to a construction lien complaint filed under ORS
			 701.145 for the purpose of
			 discussing settlement of the complaint. Notice of the meeting must comply with
			 OAR 812-004-1450(1). The agency may invite the lienor to participate in the
			 settlement discussions. The on-site meeting may be held on the property of the
			 complainant or another mutually agreeable site. OAR 812-004-1450(2), (3) and
			 (4)  apply to an on-site meeting held under this section.
(2) If the complaint does not settle, the
			 complainant must:
(a) Join the respondent in
			 an action to foreclose the lien if the lienor has filed such an action;
			 or
(b) File an action against
			 respondent to recover damages caused by respondent's failure to pay for
			 material, rental services, labor or subcontractor services that gave rise to
			 the lien.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1537 - Standards of Care and Workmanship

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of this rule, "NASCLA
			 Standards" mean the Residential Construction Standards, dated March 20, 2009,
			 as adopted by the National Association of State Contractors Licensing
			 Agencies.
(2) Except as provided in
			 section (3) of this rule, the agency will apply NASCLA standards; to the extent
			 such standards cover the work at issue, in order to determine if construction
			 work performed on a residential structure meets the standards of care and
			 workmanship in the industry.
(3)
			 The agency may apply a standard different than the NASCLA standard if:
(a) The contract between the parties provides
			 for a standard of care and workmanship that differs from the NASCLA standard;
			 or
(b) The work involved
			 installation of a product for which the manufacturer provided installation
			 instructions that establish a standard that differs from the NASCLA
			 standard.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 4 - COMPLAINTS › Section 812-004-1600 - Payment From Surety Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The agency must
			 notify the surety company or financial institution the agency's determination.
			 The determination is the amount of the judgment that is subject to payment by
			 the surety or financial institution.
(2) A complaint is ready for payment when
			 there is a court judgment and 30 days have elapsed or there is a BOLI final
			 order and 60 days have elapsed and:
(a) The
			 respondent has not paid the judgment or BOLI order;
(b) A court has not granted a stay of
			 judgment or BOLI has not granted a stay of its final order; and
(c) All other complaints filed against the
			 respondent within the same 90-day filing period under ORS 701.150are resolved,
			 closed or have reached the same state of processing as the subject
			 complaint.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0100 - Notice of Intent to Take Action

Current through Register Vol. 63, No. 7, July 1, 2024
Except as provided under authority of ORS 701.098(4), if the
				agency intends to revoke or suspend a license, or assess a civil penalty, it
				shall issue and serve on the respondent a notice of intent to take an action,
				giving the opportunity for hearing. For cases the agency determines as
				potentially complex, unique or otherwise significant, the notice may include
				the statement that an answer to the assertions or charges will be
				required.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310,
				  701.235 & 701.992
Statutes/Other Implemented: ORS 183.413, 183.415, 183.470  & 701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0110 - Hearing Request

Current through Register Vol. 63, No. 7, July 1, 2024
A hearing request, and answer when required, shall be made in
				writing to the agency by the respondent or the respondent's attorney. An answer
				shall include:
(1) An admission or
			 denial or each factual matter alleged in the notice.
(2) A short and plain statement of each
			 relevant defense the respondent may have. Except where it would be unduly
			 prejudicial to do so, the respondent may amend its answer provided the amended
			 answer is filed at least 30 days before the first scheduled hearing
			 date.
Stat. Auth.: ORS
				  183.310 to
				  183.500,
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  183.413,
				  183.415 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0120 - Default Orders

Current through Register Vol. 63, No. 7, July 1, 2024
If the agency issues a notice of intent to take an action and
				no answer or written request for hearing is received by the agency within 21
				days of the date of mailing the notice; the agency may issue a default
				order.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  183.415,
				  701.102 &
				  701.135
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0130 - Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
If the agency issues a notice of intent to take an action and
				an answer or a written request for hearing is timely received, the agency will
				set an administrative hearing to determine whether the respondent has violated
				any provision of ORS Chapter 701 or of these rules, and if so, the duration of
				any suspension and the amount of any civil penalty to be
				assessed.
Stat. Auth.: ORS
				  183.310 -
				  183.500,
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  701.098 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0140 - Emergency Suspension

Current through Register Vol. 63, No. 7, July 1, 2024
Effective January 1, 2008, the Administrator of the Board may
				immediately suspend or refuse to renew a license without a prior hearing, in
				accordance with ORS 701.098(4), in cases where the Administrator of the Board
				has in its possession a prima facie case of a wrongful act as described in
				701.098(4)(a)(A)-(E) having been committed by a contractor and upon a finding
				by the Administrator that the contractor is a serious danger to the public
				welfare. The respondent shall be entitled to a hearing on the Administrator's
				action if the respondent requests such a hearing within 90 days after the date
				of the notice to the respondent, as provided in 701.098(4)(b).
Statutory/Other Authority: ORS 183.310 to 183.500, 670.310,
				  701.235 & 701.992
Statutes/Other Implemented: ORS 701.098 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0150 - Collection

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may initiate its own collection proceedings, assign
				the matter to another public or private agency for collection, or commence an
				action as set forth in ORS
				701.992(2).
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  701.098 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0160 - Failure to Pay a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may revoke, suspend, or refuse to issue or reissue
				the license of any contractor who fails to pay on demand a civil penalty which
				has become due and payable.
Statutory/Other Authority: ORS 670.310, 701.235 &
				  701.992
Statutes/Other Implemented: ORS 701.098 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0170 - Status of Backdated License

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding any back-dating of a renewal, a person shall be
				in violation of ORS 701.021 if, at the time a person
				undertakes, offers to undertake, or submits a bid to do work as a contractor,
				the person is not actively licensed with the Board.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  701.026 &
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0180 - Suspension of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
At the agency's discretion, all or part of a civil penalty may
				be suspended, if:
(1) The respondent
			 provides written proof of having completed one or more pre-licensure training
			 courses as provided by Division 6 of these rules; and/or
(2) The respondent makes timely payment of
			 any agreed-upon reduced penalty amount; and/or
(3) The respondent provides other
			 consideration found to be acceptable by the agency.
Stat. Auth.: ORS
				  670.310,
				  701.235 &
				  701.992
Stats. Implemented: ORS
				  701.102
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0200 - Unpaid Final Orders, Arbitration Awards or Determinations that Exceed the Contractor's Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 701.068(5), the
			 agency must suspend the license of a licensee if the agency issues a final
			 order, arbitration award or determination on a complaint that exceeds the
			 amount of the bond, letter of credit or cash deposit available to pay the
			 order, arbitration award or determination.
(2) A suspension issued under section (1) of
			 this rule must remain in effect until the unpaid amount of the order,
			 arbitration award or determination is paid or until the license of the licensee
			 expires.
(3) The agency may not
			 reinstate or renew a license suspended under section (1) of this rule until the
			 final order, arbitration award or determination described in section (1) of
			 this rule and any subsequently issued order, arbitration award or determination
			 that is unpaid, is paid, or discharged in bankruptcy.
(4) As a condition of ending a suspension or
			 renewing a license that was suspended under ORS
			 701.068, and section (1) of this
			 rule, the agency may require a licensee to file a bond, letter of credit or
			 cash deposit up to five times as much as the amount required of a licensee
			 under 701.081 or
			 701.084. The amount of the
			 increased bond, letter or credit or cash deposit required must conform to the
			 following schedule:
(a) If the sum of unpaid
			 amounts on final orders, arbitration awards and determinations described in
			 section (4) of this rule exceeds the licensee's most recent bond, letter of
			 credit or cash deposit by less than 50 percent, the agency may require a bond,
			 letter of credit or cash deposit two times the amount required under ORS
			 701.081 or
			 701.084.
(b) If the sum of the unpaid final orders,
			 arbitration awards and determinations described in section (4) of this rule
			 exceeds the licensee's most recent bond, letter of credit or cash deposit by 50
			 percent or more, but less than 100 percent, the agency may require a bond,
			 letter of credit or cash deposit three times the bond, letter of credit or cash
			 deposit amount required under ORS
			 701.081 or
			 701.084.
(c) If the sum of unpaid amounts on final
			 orders, arbitration awards and determinations exceeds the licensee's most
			 recent bond, letter of credit or cash deposit by 100 percent or more, the
			 agency may require a bond, letter of credit or cash deposit in the amount of
			 five times the normal amount required under ORS
			 701.081 or
			 701.084.
(d) For purposes of this section, if a
			 contractor has both residential and commercial bonds, the increased bond
			 requirement will apply to both bonds, even if the unpaid amounts occurred only
			 with respect to one of the two bonds.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0210 - Conditions to Require an Increased Bond, Letter of Credit or Cash Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 701.068(6), the
			 agency may require a bond, letter of credit or cash deposit of up to five times
			 the normally required amount, if it determines that a licensee or a current or
			 previous owner, officer or responsible managing individual, as those terms are
			 defined in division 2 of these rules, has:
(a) A history of unpaid final orders,
			 arbitration awards or determinations consisting of two or more final orders,
			 arbitration awards or determinations, which remain unpaid for longer than
			 thirty (30) days following the date of issuance.
(b) Five or more complaints filed under ORS
			 701.140 and processed under
			 701.145 or
			 701.146 by five or more separate
			 complainants within a one-year period from the date of filing of the most
			 recent Dispute Resolution Services complaint.
(c) An unpaid construction debt as defined in
			 ORS 701.005(4) or
			 unpaid judgment arising from construction activity that exceeds the amount of
			 the bond, letter of credit or cash deposit.
(d) Board final orders, arbitration awards or
			 determinations issued in favor of one or more complainants under ORS
			 701.145where the amount that must be paid exceeds the amount of the residential
			 bond.
(e) Board final orders or
			 determinations issued in favor of one or more complainants under ORS
			 701.146where the amount that must be paid exceeds the amount of the commercial
			 bond.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0250 - Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  Under ORS 701.068 or 701.088 after three years of operating
				under the increased bond, letter of credit or cash deposit, an applicant or
				licensee may submit a written request to the agency to be relieved of that
				obligation after demonstrating three full years of acceptable business
				practices while having posted the increased bond, letter of credit or cash
				deposit.
(2)  Petitions for return to normal bond, letter of credit or
				cash deposit requirements under ORS 701.068 or 701.088 must be made in writing
				and delivered to the agency. The petition should address each requirement set
				forth in section (3) of this rule.
(3)  The agency shall consider the applicant's or licensee's
				petition. The agency shall grant the petition for return to a normal bond if,
				within three-years period in which the increased bond was in effect, applicant
				or licensee satisfies all of the following requirements.
(a)  The applicant or licensee paid Dispute Resolution Services
				final orders, arbitration awards and determinations within thirty (30) days of
				its issuance.
(b)  The applicant or licensee paid unpaid construction related
				court judgments issued against the applicant or licensee.
(c)  The agency did not issue any enforcement final order
				against the applicant or licensee.
(d)  There were no criminal convictions for any of the crimes
				set forth in ORS 701.098(i) entered against the applicant or licensee, its
				owners or officers.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0270 - Duty to Submit Evidence of Management or Supervisory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Upon request from the agency, a licensee must submit evidence
				to support compliance with the requirement that a responsible managing
				individual of the licensee exercises management or supervisory authority over
				the construction activities of the business as defined under OAR
				812-002-0265.
Stat. Auth.: ORS
				  670.310 &
				  701.235
Stats. Implemented: ORS
				  701.005 &
				  701.091
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0280 - Fitness Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  In considering whether to revoke, suspend, or refuse to
				issue a license pursuant to ORS 701.098(1)(i)(A)-(I), the agency shall consider
				whether the applicant's or licensee's criminal conduct is substantially related
				to the fitness and ability of the applicant or licensee to engage in
				construction contracting.
(a)  Fitness to engage in construction contracting includes, but
				is not limited to the ability to:
(A)  Refrain from violent, threatening, intimidating or sexually
				predatory behavior;
(B)  Refrain from dishonest or fraudulent conduct; or
(C)  Be financially responsible.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0500 - Form of Complaint Regarding Public Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A person providing information to the
			 agency must submit the information on a form provided by the agency if the
			 information is submitted for purposes of:
(a)
			 ORS 701.227 alleging that a
			 contractor failed to pay a person who supplied labor or materials within 60
			 days after the date when the contractor received payment; or
(b) ORS
			 279C.590, in accordance with the
			 subcontractor disclosure requirements pursuant to
			 279C.370.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 5 - ENFORCEMENT › Section 812-005-0800 - Schedule of Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
The agency may assess penalties, not to exceed the amounts
				shown in the following guidelines:
(1)
			 $600 for advertising or submitting a bid to do work as a contractor in
			 violation of ORS
			 701.021 and OAR 812-003-0120, which may be reduced if the respondent becomes licensed
			 or if the advertisement or bid is withdrawn immediately upon notification from
			 the agency that a violation has occurred and no work was accepted as a result
			 of the advertisement or bid; and
(2) $700 per offense without possibility of
			 reduction for advertising or submitting a bid to do work as a contractor in
			 violation of ORS
			 701.021 and OAR 812-003-0120, when one or more previous violations have occurred, or
			 when an inactive, lapsed, invalid, or misleading license number has been used;
			 and
(3) $1,000 per offense for
			 performing work as a contractor in violation of ORS
			 701.021 when the Board has no evidence that the person has worked previously without
			 having a license and no consumer has suffered damages from the work, which may
			 be reduced if the respondent becomes licensed with in a specified time;
			 and
(4)
(a) $5,000 per offense for performing work as
			 a contractor in violation of ORS
			 701.021,
			 when an owner has filed a complaint for damages caused by performance of that
			 work, which may be reduced if the contractor becomes licensed within a
			 specified time and settles or makes reasonable attempts to settle with the
			 owner.
(b) A "complaint for
			 damages" as used in section (4) of this rule includes, but is not limited to:
(A) A Construction Contractors Board Dispute
			 Resolution Services (DRS) complaint; or
(B) A letter to Construction Contractors
			 Board indicating that a citizen has been damaged by the contractor;
			 and
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0100 - Responsible Managing Individual

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in these rules, Responsible
			 Managing Individual (RMI) has that meaning provided in ORS
			 701.005(16).
(2) Upon initial application, an applicant
			 for a contractor's license shall designate at least one individual as the
			 applicant's RMI and;
(a) Provide evidence
			 that the applicant's RMI has completed the pre-licensure training and passed
			 the test, as provided for in ORS
			 701.122,
			 OAR 812-006-0150  and 812-006-0300;
(b) Document that the applicant's RMI has
			 experience as required by OAR 812-006-0450; or
(c) Document that the applicant's RMI has:
(A) Completed the pre-licensure training as
			 provided in OAR 812-006-0160;
(B)
			 Passed the National Association of State Contractor Licensing Agencies (NASCLA)
			 Accredited Examination for Commercial General Building Contractors as provided
			 in OAR 812-006-0310; and
(C) Passed
			 the Oregon pre-licensure test as provided in OAR 812-006-0300;
			 or
(d) Document that the
			 applicant's RMI completed and passed the Contractor Pre-License Business, Law,
			 and Project Management, Training Institute course, developed by an Oregon
			 community college Small Business Development Center, under an Intergovernmental
			 Agreement pursuant to OAR 812-006-0164.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0110 - Temporary Responsible Managing Individual

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If a contractor or business is required
			 by ORS chapter 701 to have a responsible managing individual (RMI) and the
			 appointed RMI ceases to serve as the RMI for any reason, the contractor or
			 business may appoint a temporary RMI. To appoint a temporary RMI, the
			 contractor or business must, within 3 calendar days of appointment, notify the
			 board that the contractor or business has appointed a temporary RMI.
(2) The contractor or business must provide
			 the following information to the board:
(a)
			 The name of the previously appointed RMI;
(b) The date the previously appointed RMI
			 ceased acting as the RMI for the contractor or business;
(c) The date the contractor or business
			 appointed the temporary RMI;
(d)
			 The name and address of the temporary RMI; and
(e) The temporary RMI's relationship to the
			 contractor or business.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0150 - Pre-Licensure Training Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as provided in OAR 812-006-0160,
			 the pre-licensure training required in ORS
			 701.122 shall cover the subjects listed in OAR 812-006-0250.
(2) Pre-licensure training shall consist of
			 at least 16 hours.
(3) Except as
			 provided in:
(a) OAR 812-006-0160  pre-licensure training must be provided by a training provider approved by the
			 agency as provided in OAR 812-006-0200; and also,
(b) OAR 812-006-0164, where prelicensure
			 training is provided pursuant to an interagency agreement with an Oregon
			 community college Small Business Development Center, pre-licensure training
			 must be provided by a training provider approved by the agency as provided in
			 OAR 812-006-0160  or OAR 812-006-0200.
Oregon Administrative Rules › Chapter 812 - CONSTRUCTION CONTRACTORS BOARD › Division 6 - RESPONSIBLE MANAGING INDIVIDUAL, PRE-LICENSURE TRAINING, AND TESTING › Section 812-006-0160 - Pre-Licensure Training Requirements for NASCLA Accredited Examination for Commercial General Building Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) RMIs that pass the NASCLA Accredited
			 Examination for Commercial General Building Contractors and the Oregon
			 pre-licensure test satisfy the pre-licensure training requirement in ORS
			 701.122 by studying the material
			 contained in the reference list published by NASCLA or by any state that uses
			 or accepts the NASCLA examination.
(2) Reference study materials may include,
			 but are not limited to:
(a) BCSI: Guide to
			 Good Practice for Handling, Installing, Restraining and Bracing of Metal Plate
			 Connected Wood Trusses;
(b)
			 Construction Jobsite Management;
(c) NASCLA Contractors' Guide to Business,
			 Law and Project Management;
(e)
			 Training and Certification of Field Personnel for Unbonded Post-Tensioning -
			 Level One;
(f) Management of
			 Construction Projects - A Constructor's Perspective;
(g) Manual of Construction with Steel
			 Deck;
(h) Pipe and Excavation
			 Contracting;
(i) Gypsum
			 Construction Handbook;
(j) Placing
			 Reinforcing Bars, Recommended Practices;
(k) Technical Digest No. 9 - Handling and
			 Erection of Steel Joists and Joist Girders;
(l) Modern Masonry - Brick, Block,
			 Stone;
(m) Principles and Practices
			 of Commercial Construction;
(n)
			 Code of Federal Regulations,  29 CFR Part 1926  (OSHA);
(o) Code of Federal Regulations, 29 CFR Part
			 1926 Selections by PSI;
(p)
			 Carpentry and Building Construction;
(q) ANSI Accessible and Usable Buildings and
			 Facilities;
(r) Roofing
			 Construction and Estimating;
(s)
			 The Contractor's Guide to Quality Concrete Construction;
(t) Green Building Fundamentals;
			 and
(u) International Building
			 Code.