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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 5
ENFORCEMENT
Contractor Discipline

812-005-0100
Notice of Intent to Take Action
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.
Stat. Auth.: ORS 183.310 - 183.500,
670.310, 701.235 & 701.992

Stats. Implemented: ORS 183.413,
183.415, 183.470 & 701.102

Hist.: 1BB 7-1980(Temp), f.
& ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81;
1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983,
f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85;
BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89;
CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91;
CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92;
CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93;
CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95;
CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98;
CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(1)(a), CCB
7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08;
CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12
812-005-0110
Hearing Request
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

Hist.: 1BB 7-1980(Temp), f.
& ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81;
1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983,
f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85;
BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89;
CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91;
CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92;
CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93;
CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95;
CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98;
CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(1)(b), CCB
7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12
812-005-0120
Default Orders
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

Hist.: 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(1)(c), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
812-005-0130
Hearing
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

Hist.: 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(1)(d), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08
812-005-0140
Emergency Suspension
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).
Stat. Auth.: ORS 183.310 to
183.500, 670.310, 701.235 & 701.992

Stats. Implemented: ORS 701.098
& 701.102

Hist.: 1BB 7-1980(Temp), f.
& ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81;
1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983,
f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85;
BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89;
CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91;
CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92;
CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93;
CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95;
CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98;
CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(2), CCB 7-2005,
f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 14-2011(Temp),
f. & cert. ef. 10-24-11 thru 4-20-12; CCB 3-2012, f. & cert. ef. 3-2-12
812-005-0150
Collection
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 701.102

Hist.: 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(3), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06
12-005-0160
Failure to Pay a Civil Penalty
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.
Stat. Auth.: ORS 670.310, 701.235 & 701.992

Stats. Implemented: ORS 701.098 & 701.102

Hist.: 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(4), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-005-0170
Status of Backdated License
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

Hist.: 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(5), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-005-0180
Suspension of Civil Penalty
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

Hist.: 1BB
7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981,
f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef.
10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985,
f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91,
cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. &
cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93,
cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. &
cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98,
cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(6),
CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13
812-005-0200
Unpaid Final Orders, Arbitration
Awards or Determinations that Exceed the Contractor’s Bond, Letter of Credit
or Cash Deposit
(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.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.068
& 701.088
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; Renumbered from 812-003-0170(3)(c),
CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07;
CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08;
CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 3-2014, f. & cert. ef. 4-30-14
812-005-0210
Conditions to Require an Increased Bond, Letter of Credit or Cash Deposit
(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 701.145
where 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 701.146 where
the amount that must be paid exceeds the amount of the commercial bond.
(2) The amount of the increased
bond, letter of credit or cash deposit required under subsection (1)(a) of this
rule must conform to the following schedule:
(a) 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 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 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.
(3) The amount of increased
bond, letter of credit or cash deposit the agency may require under subsection (1)(b)
of this rule will be based on the number of complaints filed and the time period
that the complaints were received as follows:
(a) Two times the bond, letter
of credit or cash deposit amount required under ORS 701.081 or 701.084 if five or
more complaints are received in any twelve-month period.
(b) Three times the bond,
letter of credit or cash deposit amount required under ORS701.081 or 701.084 if
five or more complaints are received in any six-month period.
(c) Five times the bond,
letter of credit or cash deposit amount required under ORS 701.081 or 701.084 if
five or more complaints are received in any three-month period.
(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.
(4) The amount of the increased
bond, letter of credit or cash deposit required under subsection (1)(c) of this
rule must conform to the following schedule:
(a) If the sum of the unpaid
construction debt or judgment 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 bond, letter of credit or cash deposit
amount required under ORS 701.081 or 701.084.
(b) If the sum of the unpaid
construction debt or judgment 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 the unpaid
construction debt or judgment 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 five times the bond, letter of credit or cash deposit
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.
(5) The amount of the increased
bond, letter of credit or cash deposit required under subsection (1)(d) of this
rule must conform to the following schedule:
(a) If the amount of the
board final orders, arbitration awards or determinations exceeds the licensee’s
most recent bond, letter of credit or cash deposit by less than 50 percent, the
agency may require bonds, letter of credit or cash deposit two times the bond, letter
of credit or cash deposit amount required under ORS 701.081 and 701.084.
(b) If the amount of the
board final orders, arbitration awards or determinations 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 bonds, letter of credit or cash deposit
three times the bond, letter of credit or cash deposit amount required under ORS
701.081 and 701.084.
(c) If the amount of the
board final orders, arbitrations or determinations exceeds the licensee’s
most recent bond, letter of credit or cash deposit by 100 percent or more, the agency
may require bonds, letter of credit or cash deposit five times the bond, letter
of credit or cash deposit amount required under ORS 701.081 or 701.084.
(6) Notwithstanding sections
(2) through (5) of this rule, a business (including an individual person) licensed
as a residential general contractor or residential specialty contractor that applies
to be licensed as, or seeks to change its endorsement to, a residential limited
contractor must file a residential bond, letter or credit or cash deposit in an
amount of five times the amount of the residential limited contractor bond, namely
$50,000, if the business or its previous owner, officer or responsible managing
individual has:
(a) A history of unpaid final
orders, arbitration awards or determinations consisting of two or more final orders,
arbitration awards or determinations 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 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) that exceeds the amount of the residential bond,
letter of credit or cash deposit previously held by the business.
(d) Board final orders, arbitration
awards or determinations issued in favor of one or more complainants under ORS 701.145
where the amount that must be paid exceeds the amount of the residential bond previously
held by the business.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.005,
701.068, 701.088 & 701.094
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; Renumbered from 812-003-0170(3)(a)-(c),
CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06: CCB 7-2006, f. & cert. ef. 6-23-06;
CCB 9-2006, f. & cert. ef. 9-5-06; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07;
CCB 6-2007, f. 8-29-07, cert. ef. 9-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08;
CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 17-2008, f. 9-26-08, cert. ef. 10-1-08;
CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12;
CCB 3-2014, f. & cert. ef. 4-30-14
812-005-0250
Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement
(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.
(4) If the applicant or licensee
fails to satisfy all of the conditions set forth in section (3), the agency will
require the applicant or licensee to maintain the increased bond for an additional
three years from the date of the agency’s decision. After that three year
period, the applicant or licensee may again petition to return to a normal bond.
(5) The agency shall notify
the licensee or applicant in writing of the agency’s decision within 30 days
of receiving the petition.
(6) If the agency denies
the petition, the agency shall notify the licensee or applicant of the reasons for
the denial. The licensee or applicant may seek judicial review of the agency’s
denial as an order in other than a contested case.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.068
& 701.088
Hist.: CCB 9-2006, f. &
cert. ef. 9-5-06; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 3-2014, f. & cert.
ef. 4-30-14
812-005-0270
Duty to Submit Evidence of Management or Supervisory Authority
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

Hist.: CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12
812-005-0280
Fitness Standards
(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.
(b) Factors to be considered
in denying or refusing to issue or renew a license include, but are not limited
to, the date of the offense and the circumstances of the crime. In addition, factors
relating to rehabilitation, or lack thereof, as evidenced by intervening events
include, but are not limited to: failure to complete the criminal sentence, including
probation or parole; failure to complete court ordered treatment; or failure to
pay court ordered restitution.
(c) Upon notice and request
from the Board, it will be the duty of an applicant or licensee to provide the requested
information in order for the Board to conduct a criminal background check as authorized
by 701.098(1)(i)(A)-(I). Requested information includes but is not limited to police
reports, record of conviction, parole or probation reports, restitution records,
counseling reports, and letters of recommendation.
(d) Failure to provide requested
information in (1)(c) of this section may result in the denial of a license.
(2) The agency may revoke, suspend,
or refuse to issue a license if the applicant, licensee, or an owner, officer or
responsible managing individual of the applicant or licensee demonstrates a lack
of financial responsibility pursuant to ORS 701.098(2) and ORS 701.102(2)(d).
(a) Lack of financial responsibility
is evidenced by failure to pay a final order, arbitration award or determination
of the board, issued under ORS 701.145 or 701.146, where the final order, arbitration
award or determination, either alone or combined with any other unpaid final order,
arbitration award or determination, exceeds the amount of the applicable bond and
the final order, arbitration award or determination was issued against:
(i) The applicant or licensee;
or
(ii) A business in which the
owner, officer or responsible managing individual of the applicant or licensee is,
or was, an owner, officer or responsible managing individual during the work period
in which the business’ obligation giving rise to the final order, arbitration
award or determination arose or was incurred.
(iii) As used in subsection
(a) of this rule, “officer” includes any person listed in ORS 701.005(11)
or OAR 812-002-0533.
(b) Lack of financial responsibility
is evidenced by failure to pay a civil penalty final order of the Director, Department
of Consumer and Business Services, issued under ORS 654.086.
(c) Lack of financial responsibility is evidenced by failure
to pay a judgment or civil penalty arising from construction activities within the
United States, regardless of the fact that the judgment of civil penalty has not
yet become final by operation of law.
(3) Pursuant to ORS 701.098(2), the agency
may revoke, suspend, or refuse to issue a license if a contractor engages in conduct
that harms a consumer by:
(a) Arranging for or undertaking
work as a contractor that:
(A) Is performed in a manner
not in accordance with state building codes or accepted building standards demonstrating
negligent or improper work;
(B) The work causes damage to
the consumer or to the consumer’s property; and
(C) The work is significantly
substandard or is part of a pattern of substandard work performed by the contractor.
(4) Pursuant to ORS 701.098(2),
the agency may revoke, suspend, or refuse to issue a license if the Director, Department
of Consumer and Business Services, by final order, sanctions a contractor under
OAR 437-001-0160 and 437-001-0165 for a fifth or subsequent repeat violation of
any statute, regulation, rule, standard or order relating to the Oregon Safe Employment
Act.
(5) Pursuant to ORS 701.098(2),
the agency may revoke, suspend, or refuse to issue a license if the Director, Department
of Consumer and Business Services, by final order, sanctions a contractor under
OAR 437-001-0175 for a willful or egregious violation of any statute, regulation,
rule, standard or order relating to the Oregon Safe Employment Act.
Stat. Auth.: ORS 670.310 &
701.235

Stats. Implemented: ORS 701.098
& 701.102

Hist.: CCB 13-2008, f. 6-30-08,
cert. ef. 7-1-08; CCB 18-2008, f. & cert. ef. 11-20-08; CCB 4-2009, f. 5-6-09,
cert. ef. 6-1-09; CCB 6-2009, f. & cert. ef. 9-1-09; CCB 6-2012, f. 4-25-12,
cert. ef. 5-1-12

Public Contracts

812-005-0500
Form of Complaint Regarding Public Contracts
(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.
(2) The agency may require the use of the most recent version of a form submitted under section (1) of this rule.
Stat. Auth.: ORS 670.310, 701.098, 701.235 & 701.227

Stats. Implemented: ORS 701.098, 701.227 & 279C.590

Hist.: CCB 5-2000(Temp), f. & cert. ef. 5-9-00 thru 11-4-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2002, f. & cert. ef. 3-1-02; Renumbered from 812-005-0003, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08
812-005-0800
Schedule of Penalties
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 to $200 if the respondent becomes licensed or
to $50 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 to $700 if the respondent
becomes licensed within 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
to $700 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
(5) $5,000 per offense for
performing work as a contractor in violation of ORS 701.021, when one or more violations
have occurred, or when an inactive, lapsed, invalid, or misleading license number
has been used; and
(6) $500 per offense for
failure to respond to the agency’s request for the list of subcontractors
required in ORS 701.345; and
(7) $1,000 per offense for
hiring a unlicensed subcontractor; and
(8) For failing to provide
an “Information Notice to Owners about Construction Liens” as provided
in ORS 87.093, when no lien has been filed, $200 for the first offense, $400 for
the second offense, $600 for the third offense, $1,000 for each subsequent offense.
Any time a lien has been filed upon the improvement, $1,000.
(9) Failure to include license
number in advertising or on contracts, in violation of OAR 812-003-0120: First offense
$100, second offense $200, subsequent offenses $400.
(10) Failure to list with
the Construction Contractors Board a business name under which business as a contractor
is conducted in violation of OAR 812-003-0260 or 812-003-0280: First offense $50,
second offense $100, subsequent offenses $200.
(11) Failure to notify the
Construction Contractors Board of a new or additional business name or personal
surname (for sole proprietors) under which business as a contractor is conducted,
in violation of 812-003-0320: First offense $50, second offense $100, subsequent
offenses $200.
(12) Failing to use a written
contract as required by ORS 701.305: $500 for the first offense; $1,000 for the
second offense; and $5,000 for subsequent offenses.
(13) Violation of OAR 812-012-0130(1),
failure to provide a Consumer Notification form; $100 first offense; $500 second
offense; $1,000 third offense; and $5,000 for subsequent offenses. Civil penalties
shall not be reduced unless the agency determines from clear and convincing evidence
that compelling circumstances require a suspension of a portion of the penalty in
the interest of justice. In no event shall a civil penalty for this offense be reduced
below $100.
(14) Failure to conform to
information provided on the application in violation of ORS 701.046(5), issuance
of a $5,000 civil penalty, and suspension of the license until the contractor provides
the agency with proof of conformance with the application and the terms of the application.
(a) If the violator is a
limited contractor or residential limited contractor working in violation of the
conditions established pursuant to OAR 812-003-0130 or 812-003-0131, the licensee
shall be permanently barred from licensure in the limited contractor category or
residential limited contractor endorsement.
(b) If the violator is a
licensed developer, residential developer or commercial developer working in violation
of the conditions established pursuant to ORS 701.005(3), (6) or (14) or 701.042,
the licensee shall be permanently barred from licensure in the licensed developer
category or residential developer or commercial developer endorsement.
(15) Knowingly assisting
an unlicensed contractor to act in violation of ORS Chapter 701, $1,000.
(16) Failure to comply with
any part of ORS Chapters 316, 656, or 657 or with ORS 701.035, 701.046 or 701.091,
$1,000 and suspension of the license until the contractor provides the agency with
proof of compliance with the statute.
(17) Violating an order to
stop work as authorized by ORS 701.225(6), $1,000 per day.
(18) Working without a construction
permit in violation of ORS 701.098, $1,000 for the first offense; $2,000 and suspension
of CCB license for three (3) months for the second offense; $5,000 and permanent
revocation of CCB license for the third and subsequent offenses.
(19) Failure to comply with
an investigatory order issued by the Board, $500 and suspension of the license until
the contractor complies with the order.
(20) Violation of ORS 701.098(1)(l)
by engaging in conduct as a contractor that is dishonest or fraudulent and injurious
to the welfare of the public: first offense, $1,000, suspension of the license or
both; second and subsequent offenses, $5,000, per violation, revocation or suspension
of the license until the fraudulent conduct is mitigated in a manner satisfactory
to the agency or both.
(21) Engaging in conduct
as a contractor that is dishonest or fraudulent and injurious to the welfare of
the public by:
(a) Not paying prevailing
wage on a public works job; or
(b) Violating the federal
Davis-Bacon Act; or
(c) Failing to pay minimum
wages or overtime wages as required under state and federal law; or
(d) Failing to comply with
the payroll certification requirements of ORS 279C.845; or
(e) Failing to comply with
the posting requirements of ORS 279C.840:
$1,000 and suspension of
the license until the money required as wages for employees is paid in full and
the contractor is in compliance with the appropriate state and federal laws.
(22) Violation of ORS 701.098(1)(l)
by engaging in conduct as a contractor that is dishonest or fraudulent and injurious
to the welfare of the public, as described in sections (20) or (21), where more
than two violations have occurred: $5,000 and revocation of the license.
(23) When, as set forth in
ORS 701.098(1)(h), the number of licensed contractors working together on the same
task on the same job site, where one of the contractors is licensed exempt under
701.035(2)(b), exceeded two sole proprietors, one partnership, or one limited liability
company, penalties shall be imposed on each of the persons to whom the contract
is awarded and each of the persons who award the contract, as follows: $1,000 for
the first offense, $2,000 for the second offense, six month suspension of the license
for the third offense, and three-year revocation of license for a fourth offense.
(24) Performing home inspections
without being an Oregon certified home inspector in violation of OAR 812-008-0030(1):
$5,000.
(25) Using the title Oregon
certified home inspector in advertising, bidding or otherwise holding out as a home
inspector in violation of OAR 812-008-0030(3): $5,000.
(26) Failure to conform to
the Standards of Practice in violation of OAR 812-008-0202 through 812-008-0214:
$750 per offense.
(27) Failure to conform to
the Standards of Behavior in OAR 812-008-0201(2)-(4): $750 per offense.
(28) Offering to undertake,
bidding to undertake or undertaking repairs on a structure inspected by an owner
or employee of the business entity within 12 months following the inspection in
violation of ORS 701.355: $5,000 per offense.
(29) Failure to include certification
number in all written reports, bids, contracts, and an individual’s business
cards in violation of OAR 812-008-0202(4): $400 per offense.
(30) Violation of work practice
standards for lead-based paint (LBP) activity pursuant to OAR 812-007-0140 or 812-007-0240
first offense, $1,000; second offense, $3,000; and third offense, $5,000 plus suspension
of license for up to one year. The civil penalty is payable to the Construction
Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.
(31) Violation of work practice
standards for LBP renovation pursuant to OAR 812-007-0340 or violation of recordkeeping
and reporting requirements pursuant to OAR 333-070-0110: first offense, $1,000;
second offense, $3,000; and third offense, $5,000 and suspension of the certified
LBP renovation contractor license for up to one year. The civil penalty is payable
to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995
and OAR 812-007-0025.
(32)Violation of OAR 812-007-0100,
812-007-0200 or 812-007-0300: first offense, $1,000; second offense, $3,000; and
third offense, $5,000. The civil penalty is payable to the Construction Contractors
Board Lead-Based Paint (LBP) Activities Fund as provided in ORS 701.995 and OAR
812-007-0025.
(33) Violation of ORS 279C.590:
(a) Imposition of a civil
penalty on the contractor of up to ten percent of the amount of the subcontract
bid submitted by the complaining subcontractor to the contractor or $15,000, whichever
is less; and
(b) Imposition of a civil
penalty on the contractor of up to $1,000; and
(c) Placement of the contractor
on a list of contractors not eligible to bid on public contracts established to
ORS 701.227(4), for a period of up to six months for a second offense if the offense
occurs within three years of the first offense.
(d) Placement of the contractor
on a list of contractors not eligible to bid on public contracts established to
ORS 701.227(4), for a period of up to one year for a third or subsequent offense
if the offense occurs within three years of the first offense.
(34) Violation of ORS 701.315,
inclusion of provisions in a contract that preclude a homeowner from filing a breach
of contract complaint with the Board: $1,000 for the first offense, $2,000 for the
second offense, and $5,000 for the third and subsequent offenses.
(35) Violation of ORS 701.345,
failure to maintain the list of subcontractors: $1,000 for the first offense; $2,000
for the second offense, and $5,000 for the third and subsequent offenses.
(36) Violation of 701.098(1)(f),
knowingly providing false information to the Board: $1,000 and suspension of the
license for up to three months for the first offense; $2,000 and suspension of the
license for up to one year for the second offense; and $5,000 and permanent revocation
of license for the third offense.
(37) Failing to provide a
written contract with the contractual terms provided by ORS 701.305 or OAR 812-012-0110:
$200 for the first offense; $500 for the second offense; and $1,000 for subsequent
offenses.
(38) Working while the license
is suspended if the licensee was required to provide an increased bond under ORS
701.068(5), 701.068(6), or OAR 812-003-0175: revocation.
(39) Working while the license
is suspended for any violation of ORS 701.098(4)(a)(A) or 701.098(4)(a)(B): $5,000
for first offense, and revocation for second or subsequent offense.
(40) Working while the license
is suspended for any reason except as otherwise provided for by this rule: revocation.
(41) Failure to comply with
ORS 701.106(1)(a); $1,000 for the first offense, $5,000 for the second offense;
$5,000 and permanent revocation of CCB license for the third offense.
(42) Failure to deliver as
required by ORS 701.109(2) a copy of a final judgment; $200 first offense, $400
second offense; $600 for the third offense; $1,000 for each subsequent offense.
(43) Failure to maintain
insurance as required under ORS 701.073 or to provide proof of insurance as required
under OAR 812-003-0200, where there is no claim of loss submitted to the insurance
company: first offense, $500; second offense, $1,000; third and subsequent offenses,
$5,000.
(44) Failure to maintain
insurance as required under ORS 701.073 or to provide proof of insurance as required
under OAR 812-003-0200, where there is a claim of loss submitted to the insurance
company: first offense, $2,000; second and subsequent offenses, $5,000.
(45) Undertaking, offering
to undertake, or submitting a bid to work as a locksmith when an individual is not
certified as a locksmith or otherwise exempt under ORS 701.490: first offense,
$1,000; second offense, $3,000; third offense, $5,000.
(46) Undertaking, offering
to undertake, or submitting a bid to provide locksmith services when a business
is not a licensed construction contractor or otherwise exempt under ORS 701.490:
first offense, $1,000; second offense, $3,000; third offense, $5,000.
(47) Using the title of locksmith,
locksmith professional, commercial locksmith, lock installer or any title using
a form of the word “locksmith” that indicates or tends to indicate that
the individual is a locksmith, unless an individual is certified as a locksmith
or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000;
third offense, $5,000.
(48) Using the title of locksmith,
locksmith professional, commercial locksmith, lock installer or any title using
a form of the word “locksmith” that indicates or tends to indicate that
the business providing locksmith services, unless a business: (a) is a licensed
construction contractor, and (b) is owned by or employs a certified locksmith or
is otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000;
third offense, $5,000.
(49) Violating any applicable
provision of the rules in division 30, including violating any standard of professional
conduct other than OAR 812-030-0300(4): first offense, $1,000; second offense,
$3,000; third offense, $5,000 and revocation of the certificate.
(50) Violating OAR 812-030-0300(4):
first offense, $200; second offense, $500; third offense, $1,000.
Stat. Auth.: ORS 183.310 to 183.500,
670.310, 701.235, 701.515, 701.992 & 701.995
Stats. Implemented: ORS 87.093,
279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098,
701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485,
701.510, 701.515, 701.992 & 701.995
Hist.: 1BB 4-1982, f. &
ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0080(13);
1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; 1BB 3-1985,
f.& ef. 4-25-85; BB 1-1987, f. & ef. 3-5-87, BB 1-1988(Temp), f. & cert.
ef. 1-26-88; BB 2-1988, f. & cert. ef. 6-6-88; CCB 1-1989, f. & cert. ef.
11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 3-1990(Temp), f. & cert.
ef. 7-27-90; CCB 4-1990, f. 10-30-90, cert. ef. 11-1-90; CCB 3-1991, f. 9-26-91,
cert. ef. 9-29-91; CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; CCB 2-1992, f. &
cert. ef. 4-15-92; CCB 4-1992, f. & cert. ef. 6-1-92; CCB 5-1993, f. 12-7-93,
cert. ef. 12-8-93; CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95; CCB 3-1995, f. 9-7-95,
cert. ef. 9-9-95; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 3-1996, f. & cert.
ef. 8-13-96; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-1999(Temp), f. &
cert. ef. 11-1-99 thru 4-29-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 7-2000,
f. 6-29-00, cert. ef. 7-1-00; CCB 13-2000(Temp), f. & cert. ef 11-13-00 thru
5-11-01; CCB 2-2001 f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef.
1-1-02; CCB 1-2002(Temp), f. & cert. ef. 3-1-02 thru 8-26-02; CCB 2-2002, f.
& cert. ef. 3-1-02; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 8-2002, f.
& cert. ef. 9-3-02; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 6-2004, f.
6-25-04, cert. ef. 9-1-04; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2005,
f. 8-24-05, cert. ef. 1-1-06; Renumbered from 812-005-0005, CCB 7-2005, f. 12-7-05,
cert. ef. 1-1-06; CCB 2-2006, f. & cert. ef. 1-26-06; CCB 7-2006, f. & cert.
ef. 6-23-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 4-2007, f. 6-28-07,
cert. ef. 7-1-07; CCB 2-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08; CCB
5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 13-2008, f. 6-30-08, cert. ef. 7-1-08;
CCB 17-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 19-2008, f. & cert. ef. 11-20-08;
CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09; CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09;
CCB 6-2009, f. & cert. ef. 9-1-09; CCB 2-2010, f. & cert. ef. 2-1-10; CCB
8-2010, f. & cert. ef. 4-28-10; CCB 13-2010(Temp), f. & cert. ef. 7-7-10
thru 1-2-11; Administrative correction 1-25-11; CCB 1-2011, f. 2-28-11, cert. ef.
3-1-11; CCB 4-2011, f. 6-24-11, cert. ef. 7-1-11; CCB 10-2011, f 9-29-11, cert.
ef. 10-1-11; CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 3-2012, f. & cert.
ef. 3-2-12; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 6-2014, f. 6-26-14, cert.
ef. 7-1-14

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