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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 3
LICENSING

812-003-0002 [Renumbered to 812-003-0250]
812-003-0005 [Renumbered to 812-003-0320]
812-003-0030 [Renumbered to 812-003-0390]
812-003-0040 [Renumbered to 812-003-0400]
812-003-0100
Licensing Generally
(1) A license and its identifying license
number will be issued to one entity only. Other entities shall not be included in
that license, but each shall be separately licensed and shall separately meet the
licensing requirements. No entity may perform work subject to ORS Chapter 701 through
the use of another entity's license.
(2) Entities shall include
but not be limited to the following:
(a) Sole proprietorship;
(b) Partnership, limited
liability partnership or joint venture;
(c) Limited partnership;
(d) Corporation;
(e) Limited liability company;
or
(f) Trust. For purposes of
licensing, a trust will be treated the same as a corporation.
(3) All partners or joint
venturers listed in subsection (2)(b) of this rule shall be on record with the agency.
(4) All general partners
listed in subsection (2)(c) of this rule shall be on record with the agency. The
agency shall not maintain a record of limited partners.
(5) If an entity listed in
section (2) of this rule seeks to change to another entity, the former license may
be terminated. The new entity must license anew.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.021
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 3-2014, f. &
cert. ef. 4-30-14
812-003-0110
Standards of Behavior
(1) A contractor shall not engage in dishonest or fraudulent conduct injurious to the welfare of the public.
(2) A contractor shall cooperate fully with any investigation undertaken by the Board pursuant to ORS 701.225.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.098 & 701.225

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-003-0120
License Required to Advertise
(1) No person shall advertise or otherwise
hold out to the public that person's services as a contractor unless that person
holds a current, valid license, nor shall any person claim by advertising or by
any other means to be licensed, bonded, or insured unless that person holds a current,
valid license.
(2) License number in advertising
and contracts:
(a) All newsprint classified
advertising and newsprint display advertising for work subject to ORS Chapter 701
prepared by a contractor or at the contractor's request or direction, shall show
the contractor's license number.
(b) All written bids, written
inspection reports and building contracts subject to ORS Chapter 701 shall show
the contractor's license number.
(c) All telephone directory
space ads and display ads shall show the contractor's license number.
(d) All advertisements by
audio-only media, such as radio commercials, must contain an audible statement of
the contractor’s license number.
(e) All advertisements by
video media or video and audio combined media, such as television commercials, must
show visually the contractor’s license number.
(f) All advertising by internet
media, including but not limited to, website advertising must show visually the
contractor’s license number.
(g) All business cards, business
letterhead, business signs at construction sites and all other written or visual
advertising shall show the contractor's license number. Written or visual advertising
does not include permanently affixed or attached signs at a contractor’s place,
or places, of business that primarily and prominently display the contractor’s
name.
(h) This section does not
apply to a company whose primary business is other than construction and has a Standard
Industrial Classification (SIC) code from other than Major Groups 15, 16, and 17.
(i) This section does not
apply to promotional gifts, including, but not limited to, pencils, pens, cups and
items of clothing.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.010
& 701.021
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 3-2009, f. 5-6-09,
cert. ef. 6-1-09; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10; CCB 6-2014, f. 6-26-14,
cert. ef. 7-1-14
812-003-0131
License Endorsements
The following are license endorsements
for new and renewal licenses:
(1) Residential General Contractor.
A licensee holding this endorsement may bid or perform work involving an unlimited
number of unrelated building trades or crafts on residential or small commercial
structures.
(2) Residential Specialty
Contractor. A licensee holding this endorsement may:
(a) Bid or perform work involving
two or less unrelated building trades or crafts on residential or small commercial
structures.
(b) If three or more unrelated
trades or crafts are performed or subcontracted out, the entire contract price cannot
exceed $2,500.
(3) Residential Limited Contractor.
A licensee holding this endorsement may bid or perform work involving residential
or small commercial structures, as long as all of the following conditions are met:
(a) The licensee’s
annual gross business sales do not exceed $40,000.
(b) The licensee does not
enter into a contract in which the contract price exceeds $5,000.
(c) If the contract price
in a contract for work performed by the licensee is based on time and materials,
the amount charged by the licensee shall not exceed $5,000.
(d) The licensee consents
to inspection by the Construction Contractors Board of its Oregon Department of
Revenue tax records to verify compliance with paragraph (3)(a) of this rule.
(e) For purposes of this
section, “contract” includes a series of agreements between the licensee
and a person for work on any single work site within a one-year period.
(4) Residential Developer.
A licensee holding this endorsement may develop property zoned for or intended for
use compatible with a residential or small commercial structure as long as the licensee
meets the conditions in ORS 701.042.
(5) Residential Locksmith
Services Contractor. A licensee holding this endorsement may operate a business
that provides the services of locksmiths for residential or small commercial structures.
The licensee may not, however, engage in any other contractor activities. The
licensee must have at least one owner or employee who is a certified locksmith.
(6) Home Inspector Services
Contractor. A licensee holding this endorsement may operate a business that provides
the services of home inspectors. The licensee may not, however, engage in any other
contractor activities. The licensee must have at least one owner or employee who
is a certified home inspector.
(7) Home Services Contractor.
A licensee holding this endorsement may operate a business that provides service,
repair or replacement pursuant to the terms of a home service agreement. The licensee
may not, however, engage in any other contractor activities.
(8) Home Energy Performance
Score Contractor. A licensee holding this endorsement may operate a business that
assigns home energy performance scores. The licensee may not, however, engage in
any other contractor activities. The licensee must have at least one owner or employee
who is a certified home energy assessor.
(9) Commercial General Contractor
— Level 1. A licensee holding this endorsement may bid or perform work involving
an unlimited number of unrelated building trades or crafts on small or large commercial
structures.
(10) Commercial Specialty
Contractor — Level 1. A licensee holding this endorsement may bid or perform
work involving two or less unrelated building trades or crafts on small or large
commercial structures.
(11) Commercial General Contractor
— Level 2. A licensee holding this endorsement may bid or perform work involving
an unlimited number of unrelated building trades or crafts on small or large commercial
structures.
(12) Commercial Specialty
Contractor — Level 2. A licensee holding this endorsement may bid or perform
work involving two or less unrelated building trades or crafts on small or large
commercial structures.
(13) Commercial Developer.
A licensee holding this endorsement may develop property zoned for or intended for
use compatible with a small or large commercial structure as long as the licensee
meets the conditions in ORS 701.042.
(14) A contractor’s
license may contain:
(a) One residential endorsement;
(b) One commercial endorsement;
or
(c) One residential endorsement
and one commercial endorsement.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.042,
701.081 & 701.084
Hist.: CCB 5-2008, f. 2-29-08,
cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0142
License Application Fees
(1) The application fee for all new,
renewal, or reissued licenses is $325.
(2) Except as provided in
section (3) of this rule, application fees will not be refunded.
(3) If a licensee submits
an application to renew a license and the agency cannot renew the license because
the applicant has formed a new business entity, the agency may refund the renewal
application fee, less a $40 processing fee.
(4)(a) Any licensee in the
United States armed forces need not pay a license renewal fee if such fee would
be due during the licensee’s active duty service.
(b) A licensee in the United
States armed forces shall pay the next license renewal fee that will become due
after the licensee is discharged from active duty service.
(c) The agency may request
that the licensee provide documentation of active duty status and of discharge.
(d) Section (4) of this rule
applies to licensees that are sole proprietors or partners in a general partnership.
Stat. Auth.: ORS 670.310, 701.238 &
701.235
Stats. Implemented: ORS 701.056,
701.063 & 701.238
Hist.: CCB 4-2014(Temp),
f. & cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0152
Residential Bonds Generally
(1) A properly executed residential
bond must:
(a) Be signed by an authorized
agent of the surety or by one having power of attorney; must bear a bond number;
and must be filed within the time stated on the bond.
(b) Be in the form adopted
by the Construction Contractors Board as the “Construction Contractors Board
Residential Surety Bond” dated November 1, 2007.
(2) If a complaint is filed
against a licensee for work done during the work period of a contract entered while
the security required under ORS 701.068 or 701.088 is in effect, the security must
be held until final disposition of the complaint.
(3) Bond documents received
at the agency office from a surety company or agent via electronic facsimile or
as a PDF file transmitted by e-mail or electronically may be accepted as original
documents. The surety must provide the original bond document to the agency upon
request.
(4) A residential bond is
available only for payments determined by the agency involving residential or small
commercial structures or for the development of property zoned or intended for use
compatible with residential or small commercial structures.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.068,
& 701.081
Hist.: CCB 5-2008, f. 2-29-08,
cert. ef. 7-1-08; CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14
812-003-0153
Commercial Bonds Generally
(1) A properly executed commercial bond
must:
(a) Be signed by an authorized
agent of the surety or by one having power of attorney; must bear a bond number;
and must be filed within the time stated on the bond.
(b) Be in the form adopted
by the Construction Contractors Board as the “Construction Contractors Board
Commercial Surety Bond” dated November 1, 2007.
(2) If a complaint is filed
against a licensee for work done during the work period of a contract entered while
the security required under ORS 701.068 is in effect, the security must be held
until final disposition of the complaint.
(3) Bond documents received
at the agency office from a surety company or agent via electronic facsimile or
as a PDF file transmitted by e-mail or electronically may be accepted as original
documents. The surety must provide the original bond document to the agency upon
request.
(4) A commercial bond is
available only for payments determined by the agency involving small or large commercial
structures or for the development of property zoned or intended for use compatible
with large or small commercial structures.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.068
& 701.084
Hist.: CCB 5-2008, f. 2-29-08,
cert. ef. 7-1-08; CCB 11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14
812-003-0155
Letters of Credit or Cash Deposits, Generally
(1) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may provide a properly executed letter of credit as adopted by the Construction Contractors Board in the form entitled “Letter of Credit for Licensee Rehabilitating Illegal Drug Manufacturing Site” dated December 18, 2007.
(2) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug manufacturing site may provide a properly executed cash deposit as adopted by the Construction Contractors Board in the form entitled “Assignment of Savings Account or Certificate of Deposit for Licensee Rehabilitating Illegal Drug Manufacturing Site,” dated December 18, 2007.
(3) If a complaint is filed against a licensee for work done during the work period of a contract entered while the letter of credit or cash deposit is in effect, the agency shall provide notice to the bank or financial institution that issued the letter of credit or cash deposit. The bank or financial institution must hold the letter of credit or cash deposit until final disposition of the complaint.
(4) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via electronic facsimile may be accepted as original documents. The bank or financial institution must provide the original documents to the agency upon request.
(5) References in other provisions of Chapter 812 to letters of credit or cash deposits apply only to licenses issued under ORS 701.088 and this section.
Stat. Auth.: ORS 670.310, 701.085 & 701.235

Stats. Implemented: ORS 701.088

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
812-003-0160
Entity Name Required on Bond, Letter of Credit or Cash Deposit
(1) The name of the entity as it appears
on the bond, letter of credit or cash deposit must be the same as the name on the
application and entity name filed at the Oregon Corporation Division (if applicable).
(a) If the entity is a sole
proprietorship, the bond, letter of credit or cash deposit must include the name
of the sole proprietor;
(b) If the entity is a partnership,
or joint venture, the bond, letter of credit or cash deposit must include the names
of all partners (except limited partners);
(c) If the entity is a limited
liability partnership, the bond, letter of credit or cash deposit must be issued
in the name of all partners and the name of the limited liability partnership;
(d) If the entity is a limited
partnership, the bond, letter of credit or cash deposit must be issued in the name
of all general partners and the name of the limited partnership and any other business
names(s) used. Limited partners do not need to be listed on the bond, letter of
credit or cash deposit;
(e) If the entity is a corporation
or trust, the bond, letter of credit or cash deposit must be issued showing the
corporate or trust name; or
(f) If the entity is a limited
liability company, the bond, letter of credit or cash deposit must be issued in
the name of the limited liability company.
(2) If at any time an entity
amends its entity name, the agency must be notified within 30 days of the date of
the change.
(3) The inclusion or exclusion
of business name(s) on a bond, letter of credit or cash deposit does not limit the
liability of an entity. Complaints against a licensed entity will be processed regardless
of business names used by an entity.
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 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 3-2014, f. &
cert. ef. 4-30-14
812-003-0171
Bond, Letter of Credit or Cash Deposit
For all new and renewal license applications,
a surety bond as required under ORS 701.068, or a surety bond, letter of credit
or cash deposit as required under 701.088, must be in one of the following amounts:
(1) Residential General Contractor
— $20,000.
(2) Residential Specialty
Contractor — $15,000.
(3) Residential Limited Contractor
— $10,000.
(4) Residential Developer
— $20,000.
(5) Residential Locksmith
Services Contractor — $10,000.
(6) Home Inspector Services
Contractor — $10,000.
(7) Home Services Contractor
— $10,000.
(8) Home Energy Performance
Score Contractor — $10,000.
(9) Commercial General Contractor
Level 1 — $75,000.
(10) Commercial Specialty
Contractor Level 1 — $50,000.
(11) Commercial General Contractor
Level 2 — $20,000.
(12) Commercial Specialty
Contractor Level 2 — $20,000.
(13) Commercial Developer
— $20,000.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.068
& 701.088
Hist.: CCB 5-2008, f. 2-29-08,
cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0175
Increased Bond, Letter of Credit
or Cash Deposit Requirement, Past Unresolved Activity
(1) A business, including an individual
person, applying for or renewing a license will file a bond, letter of credit or
cash deposit in an amount up to five times the amount required for the category
of license under OAR 812-003-0171, if:
(a) The business has unpaid
debts under a final order, arbitration award or determination of the board;
(b) An owner or officer of
the business has unpaid debts under a final order, arbitration award or determination
of the board; or
(c) An owner or officer of
the business was an owner or officer of another business at the time the other business
incurred a debt that is the subject of a final order, arbitration award or determination
of the board and such debt remains unpaid.
(2) 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 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:
(a) The business has unpaid
debts under a final order, arbitration award or determination of the board;
(b) An owner or officer of
the business has unpaid debts under a final order, arbitration award or determination
of the board; or
(c) An owner or officer of
the business was an owner or officer of another business at the time the other business
incurred a debt that is the subject of a final order, arbitration award or determination
of the board and such debt remains unpaid.
(3) For purposes of this
rule, “owner” means an “owner” as defined in ORS 701.094
and OAR 812-002-0537.
(4) For purposes of this
rule, “officer” means an “officer” as defined in ORS 701.005(12).
(5) Debts due under a final
order or arbitration award of the board include amounts not paid by a surety or
financial institution on complaints.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.068
& 701.088
Hist.: CCB 4-2006(Temp),
f. & cert. ef. 3-9-06 thru 9-5-06; CCB 9-2006, f. & cert. ef. 9-5-06; 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 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08;
CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0180
Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit
(1) The surety bond, letter of credit
or cash deposits effective date is the date on which the licensee has first met
all requirements for licensing, renewal or reissue as determined by the agency.
(2) The bond shall remain
in effect and be continuous until cancelled by the surety or until the licensee
no longer meets the requirements for licensing as determined by the agency, whichever
comes first.
(3) A surety bond may be
cancelled by the surety only after the surety has given 30 days' notice to the agency.
Cancellation will be effective no less than 30 days after receipt of the cancellation
notice.
(4) The letter of credit
or cash deposit shall remain in effect and be continuous until released by the agency.
(5) Immediately upon cancellation
of the bond, or cancellation without an authorized release by the agency of a letter
of credit or cash deposit the agency may send an emergency suspension notice to
the contractor as provided for in ORS 701.098(4)(a)(A), informing the contractor
that the license has been suspended.
(6) The bond, letter of credit
or cash deposit shall be subject to final orders or arbitration awards as described
in OAR 812-004-0600 or determinations as described in OAR 812-004-1600.
(7) The surety or financial
institution will be responsible for ascertaining the bond, letter of credit or cash
deposit’s effective date.
Stat. Auth.: ORS 670.310, 701.068, 701.088
& 701.235
Stats. Implemented: ORS 701.068,
701.088 & 701.098
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; 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 6-2013, f. 12-19-13,
cert. ef. 1-1-14
812-003-0190
New Bond, Letter of Credit or Cash Deposit Required for Change in Entity
(1) If an entity licenses as a sole
proprietorship, partnership, limited liability partnership, limited partnership,
joint venture, corporation, limited liability company, business trust or any other
entity and seeks to change the licensed entity to one of the other entity types,
the application must be accompanied by a new:
(a) Bond separate from the
bond held for the previous entity;
(b) Letter of credit separate
from the letter of credit held for the previous entity; or
(c) Cash deposit separate
from the previous cash deposit held for the previous entity.
(2) Riders to existing bonds
changing the type of entity bonded will be construed as a cancellation of the bond
and will not be otherwise accepted.
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 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 3-2014, f. & cert. ef. 4-30-14
812-003-0200
Insurance Generally
(1) An applicant for a license, renewal or reissue shall certify that the applicant:
(a) Has procured insurance from an insurer transacting insurance in Oregon; and
(b) Will continue to meet those insurance requirements for as long as the applicant is licensed.
(2) Licensees shall provide a certificate of insurance or other evidence of insurance as required by the agency upon request or prior to the expiration date of their insurance.
(3) A certificate of insurance must include:
(a) The name of the insurer;
(b) Policy or binder number;
(c) Effective dates of coverage;
(d) Coverage in at least the amount required in OAR 812-003-0221;
(e) A statement that products and completed operations coverage is included as required by ORS 701.073(1).
(f) The agent's name, and agent's telephone number; and
(g) The CCB listed as the certificate holder.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.073 & 701.098

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 8-2006, f. & cert. ef. 9-5-06; 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 4-2009, f. 5-6-09, cert. ef. 6-1-09
812-003-0210
Entity Name Required on Insurance Certification
(1) The name of the entity as it appears on the certificate of insurance or other evidence of insurance must be the same as the name on the application and entity name filed at the Oregon Corporation Division (if applicable).
(a) If the entity is a sole proprietorship, the certificate of insurance or other evidence of insurance must include the name of the sole proprietor;
(b) If the entity is a partnership, or joint venture, the certificate of insurance or other evidence of insurance must include the names of all partners (except limited partners);
(c) If the entity is a limited liability partnership, the certificate of insurance or other evidence of insurance must be issued in the name of all partners and the name of the limited liability partnership;
(d) If the entity is a limited partnership, the certificate of insurance or other evidence of insurance must be issued in the name of all general partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to be listed on the certificate of insurance or other evidence of insurance;
(e) If the entity is a corporation or trust, the certificate of insurance or other evidence of insurance must be issued showing the corporate or trust name; or
(f) If the entity is a limited liability company, the certificate of insurance or other evidence of insurance must be issued in the name of the limited liability company.
(2) If at any time an entity amends its entity name, the agency must be notified within 30 days of the date of the change.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.073

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-003-0221
Insurance Amounts
For all new and renewal license applications,
insurance amounts as required under ORS 701.073, 701.081, and 701.084, must be in
one of the following amounts:
(1) Residential General Contractor
— $500,000 per occurrence.
(2) Residential Specialty
Contractor — $300,000 per occurrence.
(3) Residential Limited Contractor
— $100,000 per occurrence.
(4) Residential Developer
— $500,000 per occurrence.
(5) Residential Locksmith
Services Contractor — $100,000 per occurrence.
(6) Home Inspector Services
Contractor — $100,000 per occurrence.
(7) Home Services Contractor
— $100, 000 per occurrence.
(8) Home Energy Performance
Score Contractor — $100,000 per occurrence.
(9) Commercial General Contractor
Level 1 — $2,000,000 aggregate.
(10) Commercial Specialty
Contractor Level 1 — $1,000,000 aggregate.
(11) Commercial General Contractor
Level 2 — $1,000,000 aggregate.
(12) Commercial Specialty
Contractor Level 2 — $500,000 per occurrence.
(13) Commercial Developer
— $500,000 per occurrence.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.073,
701.081 & 701.084
Hist.: CCB 5-2008, f. 2-29-08,
cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0230
Effective and Cancellation Dates of the Insurance
(1) For purposes of licensing, the effective date of the insurance required under ORS 701.073, 701.081 and 701.084 is the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by the agency.
(2) The insurance described in section (1) of this rule shall remain in effect until the license is suspended, terminated, revoked, expired, lapsed, or inactive, or until the insurance expires or a cancellation notice is provided by the insurer.
(3) Immediately upon cancellation or expiration of the insurance described in section (1) of this rule, the agency may send an emergency suspension notice to the contractor as provided for in ORS 701.098(4)(a)(B), informing the contractor that the license has been suspended.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.073, 701.081, 701.084 & 701.098

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0240
Independent Contractor
(1) Purpose of Rule. The Landscape Contractors
Board, Department of Revenue, Department of Consumer and Business Services, Employment
Department, and Construction Contractors Board must adopt rules together to carry
out ORS 670.600. ORS 670.600 defines “independent contractor” for purposes
of the programs administered by these agencies. This rule is intended to ensure
that all five agencies apply and interpret 670.600 in a consistent manner; to clarify
the meaning of terms used in 670.600; and, to the extent possible, to enable interested
persons to understand how all five agencies will apply 670.600.
(2) Statutory Context.
(a) ORS 670.600 generally
establishes three requirements for “independent contractors”. One requirement
is that an “independent contractor” must be engaged in an “independently
established business.” Another requirement is related to licenses and certificates
that are required for an “independent contractor” to provide services.
A third requirement is that an “independent contractor” must be “free
from direction and control over the means and manner” of providing services
to others.
(b) The specific focus of
this rule is the “direction and control” requirement. See ORS 670.600
for the requirements of the “independently established business” test
and for licensing and certification requirements.
(3) Direction and Control
Test.
(a) ORS 670.600 states that
an "independent contractor" must be "free from direction and control over the means
and manner" of providing services to others. The agencies that have adopted this
rule will use the following definitions in their interpretation and application
of the “direction and control” test:
(A) “Means” are
resources used or needed in performing services. To be free from direction and control
over the means of providing services an independent contractor must determine which
resources to use in order to perform the work, and how to use those resources. Depending
upon the nature of the business, examples of the "means" used in performing services
include such things as tools or equipment, labor, devices, plans, materials, licenses,
property, work location, and assets, among other things.
(B) “Manner”
is the method by which services are performed. To be free from direction and control
over the manner of providing services an independent contractor must determine how
to perform the work. Depending upon the nature of the business, examples of the
"manner" by which services are performed include such things as work schedules,
and work processes and procedures, among other things.
(C) “Free from direction
and control” means that the independent contractor is free from the right
of another person to control the means or manner by which the independent contractor
provides services. If the person for whom services are provided has the right to
control the means or manner of providing the services, it does not matter whether
that person actually exercises the right of control.
(b) Right to specify results
to be achieved. Specifying the final desired results of the contractor’s services
does not constitute direction and control over the means or manner of providing
those services.
(4) Application of “direction
and control” test in construction and landscape industries.
(a) The provisions of this
section apply to:
(A) Architects registered
under ORS 671.010 to 671.220;
(B) Landscape architects
licensed under ORS 671.310 to 671.479;
(C) Landscape contracting
businesses licensed under ORS 671.510 to 671.710;
(D) Engineers licensed under
ORS 672.002 to 672.325; and
(E) Construction contractors
licensed under ORS chapter 701.
(b) A licensee described
in (4)(a), that is paying for the services of a subcontractor in connection with
a construction or landscape project, will not be considered to be exercising direction
or control over the means or manner by which the subcontractor is performing work
when the following circumstances apply:
(A) The licensee specifies
the desired results of the subcontractor’s services by providing plans, drawings,
or specifications that are necessary for the project to be completed.
(B) The licensee specifies
the desired results of the subcontractor’s services by specifying the materials,
appliances or plants by type, size, color, quality, manufacturer, grower, or price,
which materials, appliances or plants are necessary for the project to be completed.
(C) When specified by the
licensee’s customer or in a general contract, plans, or drawings and in order
to specify the desired results of the subcontractor’s services, the licensee
provides materials, appliances, or plants, including, but not limited to, roofing
materials, framing materials, finishing materials, stoves, ovens, refrigerators,
dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs,
vines, trees, or nursery stock, which are to be installed by subcontractors in the
performance of their work, and which are necessary for the project to be completed.
(D) The licensee provides,
but does not require the use of, equipment (such as scaffolding or forklifts) at
the job site, which equipment is available for use on that job site only, by all
or a significant number of subcontractors requiring such equipment.
(E) The licensee has the
right to determine, or does determine, in what sequence subcontractors will work
on a project, the total amount of time available for performing the work, or the
start or end dates for subcontractors working on a project.
(F) The licensee reserves
the right to change, or does change, in what sequence subcontractors will work on
a project, the total amount of time available for performing the work, or the start
or end dates for subcontractors working on a project.
(5) As used in ORS Chapters
316, 656, 657, 671 and 701, an individual or business entity that performs labor
or services for remuneration shall be considered to perform the labor or services
as an “independent contractor” if the standards of 670.600 are met.
(6) The Construction Contractors
Board, Employment Department, Landscape Contractors Board, Workers Compensation
Division, and Department of Revenue of the State of Oregon, under authority of ORS
670.605, will cooperate as necessary in their compliance and enforcement activities
to ensure among the agencies the consistent interpretation and application of 670.600.
(7) The Board adopts the
form "Independent Contractor Certification Statement" as revised January 17, 2006.
An applicant must use this form to meet the requirements of ORS 701.046(1)(k).
Stat. Auth.: ORS 670.310, 670.605 &
701.235
Stats. Implemented: ORS 670.600,
670.605, 701.005 & 701.046
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 6-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 1-2006(Temp),
f. & cert. ef. 1-11-06 thru 7-10-06; CCB 5-2006, f. & cert. ef. 3-30-06;
CCB 1-2007, f. 1-25-07, cert. ef. 2-1-07; 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 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0250
Exempt and Nonexempt Class of Independent
Contractor Licenses
Contractors shall license as either
nonexempt or exempt as provided in ORS 701.035.
(1) The nonexempt class is
composed of the following entities:
(a) Sole proprietorships
with one or more employees or that utilize one or more workers supplied by a worker
leasing company;
(b) Partnerships or limited
liability partnerships with one or more employees or that utilize one or more workers
supplied by a worker leasing company;
(c) Partnerships or limited
liability partnerships with more than two partners if any of the partners are not
family members;
(d) Joint ventures with one
or more employees or that utilize one or more workers supplied by a worker leasing
company;
(e) Joint ventures with more
than two joint venturers if any of the joint venturers are not family members;
(f) Limited partnerships
with one or more employees or that utilize one or more workers supplied by a worker
leasing company;
(g) Limited partnerships
with more than two general partners if any of the general partners are not family
members;
(h) Corporations with one
or more employees or that utilize one or more workers supplied by a worker leasing
company;
(i) Corporations with more
than two corporate officers if any of the corporate officers are not family members;
(j) Trusts with one or more
employees or that utilize one or more workers supplied by a worker leasing company;
(k) Trusts with more than
two trustees if any of the trustees are not family members.
(l) Limited liability companies
with one or more employees or that utilize one or more workers supplied by a worker
leasing company; or
(m) Limited liability companies
with more than two members if any of the members are not family members.
(2) The exempt class is composed
of sole proprietors, partnerships, joint ventures, limited liability partnerships,
limited partnerships, corporations, trusts, and limited liability companies that
do not qualify as nonexempt.
(3) An exempt contractor
may work with the assistance of individuals who are employees of or workers supplied
by a worker leasing company to a nonexempt contractor as long as the nonexempt contractor
or the nonexempt contractor’s worker leasing company:
(a) Is in compliance with
ORS Chapters 316, 656, and 657 and is providing the employees with workers' compensation
insurance; and
(b) Does the payroll and
pays all its employees, including those employees who assist an exempt contractor.
(4) Except as provided in
sections (5) through (8) of this rule, entities shall supply the following employer
account numbers as required under ORS 701.046:
(a) Workers’ Compensation
Division 7-digit compliance number or workers’ compensation insurance carrier
name and policy or binder number;
(b) Oregon Employment Department
and Oregon Department of Revenue combined business identification number; and
(c) Internal Revenue Service
employer identification number or federal identification number.
(5) Exempt entities are not
required to supply employer account numbers under section (4) of this rule except
as follows:
(a) Partnerships, joint ventures,
limited liability partnerships, and limited partnerships that have no employees
and are not directly involved in construction work may be classed as exempt when
the entity certifies that all partners or joint venturers qualify as nonsubject
workers under ORS 656.027. Such partnerships or joint ventures must supply the Internal
Revenue Service employer identification number or federal identification number.
(b) Corporations qualifying
as exempt under ORS 656.027(10) must supply the Oregon Employment Department and
Oregon Department of Revenue combined business identification number unless the
corporation certifies that corporate officers receive no compensation (salary or
profit) from the corporation.
(c) Corporations qualifying
as exempt must supply the Internal Revenue Service employer identification number
or federal identification number.
(d) Limited liability companies
must supply the Internal Revenue Service employer identification number or federal
identification number unless the limited liability company has only one member and
has no employees.
(6) Nonexempt entities that
utilize volunteers that qualify under ORS 656.027 (20) or that utilize one or more
workers supplied by a worker leasing company need not supply an Oregon workers’
compensation account number or workers’ compensation insurance carrier name
and policy or binder number.
(7) Nonexempt entities that
utilize one or more workers supplied by a worker leasing company and have no other
applicable tax reporting obligations need not supply:
(a) An Internal Revenue Service
employer identification number or federal identification number; or
(b) An Oregon Employment
Department and Oregon Department of Revenue combined business identification number.
(8) Out-of-state applicants
with no Oregon subject workers as provided in ORS 656.126 and OAR 436-050-0055 must
supply their home state account numbers, and need not supply an Oregon workers'
compensation account number.
Stat. Auth.: ORS 183.310 - 183.500,
670.310, 701.235 & 701.992
Stats. Implemented: ORS 701.035
& 701.098
Hist.: CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 5-1992, f. 7-31-92,
cert. ef. 8-1-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 4-1993, f. 8-17-93,
cert. ef. 8-18-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 3-1995, f. 9-7-95,
cert. ef. 9-9-95; CCB 2-1997, f. 7-7-97, cert. ef. 7-8-97; CCB 4-1998, f. &
cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 4-1999, f. &
cert. ef. 6-29-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2003, f. &
cert. ef. 6-3-03; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0002;
CCB 3-2005, f. & cert. ef. 8-24-05; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06;
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 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0260
Application for New License
(1) Each entity must complete an application
form prescribed by the agency. Information provided on the form must include, but
not be limited to:
(a) Name of business entity,
all additional business names, including assumed business names, under which business
as a contractor is conducted, and Corporation Division registry numbers (if applicable);
(b) Mailing and location
address of the business entity;
(c) Legal name and address
(which may be the business address) of:
(A) The owner of a sole proprietorship;
(B) All partners of a general
partnership or limited liability partnership;
(C) All joint venturers of
a joint venture;
(D) All general partners
of a limited partnership;
(E) All corporate officers
of a corporation;
(F) All trustees of a trust;
(G) The manager and all members
of a manager-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited partnership,
corporation, trust or limited liability company, the general partners, venturers,
corporate officers, trustees, managers or members of the entity that is a member
of the limited liability company that is the subject of this paragraph;
(H) All members of a member-managed
limited liability company, and, if one or more of the members is a partnership,
limited liability partnership, joint venture, limited partnership, corporation,
trust or limited liability company, the general partners, venturers, corporate officers,
trustees, managers or members of the entity that is a member of the limited liability
company that is the subject of this paragraph; or
(I) The responsible managing
individual designated by the applicant.
(d) Except for a public company,
the date of birth and driver license number of:
(A) The owner of a sole proprietorship;
(B) All partners of a general
partnership or limited liability partnership;
(C) All joint venturers of
a joint venture;
(D) All general partners
of a limited partnership;
(E) All corporate officers
of a corporation;
(F) All trustees of a trust;
(G) The manager and all members
of a manager-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited partnership,
corporation, trust or limited liability company, the general partners, venturers,
corporate officers, trustees, managers or members of the entity that is a member
of the limited liability company that is the subject of this paragraph;
(H) All members of a member-managed
limited liability company, and, if one or more of the members is a partnership,
limited liability partnership, joint venture, limited partnership, corporation,
trust or limited liability company, the general partners, venturers, corporate officers,
trustees, managers or members of the entity that is a member of the limited liability
company that is the subject of this paragraph; or
(I) The responsible managing
individual designated by the applicant.
(J) For purposes of this
subsection, a “public company” means any business entity that offers
securities registered for sale by the federal Securities and Exchange Commission
to the general public.
(e) Social security number
of the owner of a sole proprietorship or partners, if partners are human beings,
in a general partnership;
(f) Class of independent
contractor license and employer account numbers as required under OAR 812-003-0250;
(g) License endorsement sought,
as provided for under OAR 812-003-0131;
(h) The identification number
of the responsible managing individual who has completed the education and passed
the examination required under ORS 701.122 or is otherwise exempt under division
6 of these rules;
(i) The Standard Industrial
Classification (SIC) numbers of the main construction activities of the entity;
(j) Names and certification
numbers of all certified locksmiths if the entity is a Residential Locksmith Services
Contractor or will do work providing locksmith services under ORS 701.475 to 701.490;
(k) Names and certification
numbers of all certified home inspectors if the entity will do work as a home inspector
under ORS 701.350;
(l) Names and certification
numbers of all certified home energy assessors if the entity is a Home Energy Performance
Score Contractor providing home energy performance scores under ORS 701.527 to 701.536
or will do work providing home energy performance scores.
(m) For each person described
in subsection (1)(c) of this section, the following information if related to construction
activities:
(A) If unsatisfied on the
date of application, a copy of a final judgment by a court in any state entered
within five years preceding the application date that requires the person to pay
money to another person or to a public body;
(B) If unsatisfied on the
date of application, a copy of a final order by an administrative agency in any
state issued within five years preceding the application date that requires the
person to pay money to another person or public body;
(C) If pending on the date
of application, a copy of a court complaint filed in any state that alleges that
the person owes money to another person or public body; or
(D) If pending on the date
of application, a copy of an administrative notice of action issued in any state
that alleges that the person owes money to another person or public body.
(n) For each person described
in subsection (1)(c) of this section, the following information if related to construction
activities;
(A) A copy of a judgment
of conviction for a crime listed in ORS 701.098(1)(i), entered within five years
preceding the application date; or
(B) A copy of an indictment
for a crime listed in ORS 701.098(1)(i), entered within five years preceding the
application date.
(C) In addition to documents
required in paragraphs (1)(l)(A) and (B) of this section, copies of police reports,
parole or probation reports indicating parole or probation officer’s name
and phone number, and letters of reference.
(o) Independent contractor
certification statement and a signed acknowledgment that if the licensee qualifies
as an independent contractor the licensee understands that the licensee and any
heirs of the licensee will not qualify for workers' compensation or unemployment
compensation unless specific arrangements have been made for the licensee’s
insurance coverage and that the licensee’s election to be an independent contractor
is voluntary and is not a condition of any contract entered into by the licensee;
(p) Signature of owner, partner,
joint venturer, corporate officer, member or trustee, signifying that the information
provided in the application is true and correct; and
(2) A complete license application
includes but is not limited to:
(a) A completed application
form as provided in section (1) of this rule;
(b) The new application license
fee as required under OAR 812-003-0142;
(c) A properly executed bond,
letter of credit or assignment of savings as required under OAR 812-003-0152, 812-003-0153,
or 812-003-0155; and
(d) The certification of
insurance coverage as required under OAR 812-003-0200.
(3) The agency may return
an incomplete license application to the applicant with an explanation of the deficiencies.
(4) All entities listed in
section (1) of this rule that are otherwise required to be registered with the Oregon
Corporation Division must be registered with the Oregon Corporation Division and
be active and in good standing. All assumed business names used by persons or entities
listed in section (1) of this rule must be registered with the Oregon Corporation
Division as the assumed business name of the person or entity using that name.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 25.270,
25.785, 25.990, 701.035, 701.050, 701.056, 701.068, 701.073, 701.081, 701.088 &
701.122
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 6-2006, f. 5-25-06,
cert. ef. 6-1-06; CCB 8-2006, f. & cert. ef. 9-5-06; CCB 15-2006, 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 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2008, f. &
cert .ef. 3-24-08; CCB 8-2008, f. 4-28-08, cert. ef. 7-1-08; CCB 12-2008, f. 6-30-08,
cert. ef. 7-1-08; CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 4-2014(Temp), f. &
cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0270
Effective Dates of New License
(1) A completed application as required under OAR 812-003-0260 shall be on file with the agency before a new license may be issued.
(2) Licenses will be issued for a period of two years.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.063

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 3-2008(Temp), f. & cert. ef. 1-10-08 thru 7-7-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0280
Renewal and Reissue of License
Each entity must complete a form prescribed by the agency. Notwithstanding OAR 812-003-0300(4), a license may be renewed or reissued upon:
(1) The applicant's completion of the renewal form or application form prescribed by the agency including, but not limited to, the information provided in OAR 812-003-0260;
(2) Payment of the fee or fees,
(3) Receipt of the required certification of insurance coverage, and
(4) Receipt of a commercial and/or residential bond, letter of credit or cash deposit. If it appears to the agency that the required letter of credit or cash deposit has terminated or expired, the applicant must submit a new bond, letter of credit or cash deposit.
Stat. Auth.: ORS 670.310, 701.235

Stats. Implemented: ORS 701.063, 701.068, 701.073 & 701.081

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0290
License Renewal, Reissue, New Issue; Effective Dates; Term
(1) Except as provided in section (3)
of this rule, a completed renewal or reissue application required under OAR 812-003-0260
shall be on file with the agency before a license may be renewed or reissued.
(2) In order to obtain a
renewed or reissued license, a contractor must provide the following:
(a) A completed application
form;
(b) Proof of insurance;
(c) A commercial or residential
bond, or both (as indicated by the contractor’s endorsement(s));
(d) Where authorized by ORS
701.088, a letter of credit or cash deposit in lieu of the bond; and
(e) An application fee.
(3) If agency error causes
the delayed receipt of the required documents or fee, the agency may renew or reissue
the license with an effective date before the date on which all requirements were
satisfied. Otherwise, all documents and fees must be received by the agency before
the agency may renew or reissue the license.
(4) If a contractor satisfies
all requirements for license renewal before the expiration date:
(a) The license is renewed;
and
(b) The effective date of
the license is the expiration date.
(5) If a contractor continuously
maintains a bond and insurance and satisfies all requirements for renewal within
two years after the expiration date:
(a) The license is renewed
and backdated; and
(b) The effective date of
the license is the expiration date.
(6) If a contractor fails
to continuously maintain a bond or insurance but satisfies all requirements for
renewal within two years after the expiration date:
(a) The license is reissued;
and
(b) The effective date of
the license is the date when all requirements for reissue are met.
(7) If a contractor satisfies
all requirements for renewal more than two years after the expiration date, the
license cannot be renewed or reissued. The contractor must apply for a new license
under OAR 812-030-0260.
(8) Licenses will be reissued
or renewed for a period of two years.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04, 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 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10; CCB
14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11;
CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0300
Consequence of Lapse in License
(1) An entity whose license has lapsed is considered unlicensed from the date the lapse occurred unless or until the date the license is:
(a) Backdated and renewed;
(b) Reissued; or
(c) Reinstated.
(2) During a period of lapse, the entity shall not perform the work of a contractor.
(3) Except as provided in OAR 812-003-0290, a period of lapse will end and the license previously issued will again become valid on the date upon which the agency receives the missing items that caused the lapse.
(4) A license that has lapsed for 24 months or more must be issued a new identifying license number.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.026, 701.063, 701.098

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0310
License Cards
(1) The agency shall issue a license
and pocket card effective on the date on which the license becomes effective under
OAR 812-003-0270 or 812-003-0290.
(2) A license and pocket
card is valid for the term for which it is issued only if all of the following conditions
are met throughout the license period:
(a) The surety bond, letter
of credit or cash deposit remains in effect and undiminished by payment of Construction
Contractors Board final orders.
(b) The insurance required
by ORS 701.073 remains in effect.
(c) If the licensee is a
sole proprietorship, the sole proprietorship survives.
(d) If the licensee is a
partnership or limited liability partnership, the composition of the partnership
remains unchanged, by death or otherwise.
(e) If the licensee is a
limited partnership, the composition of the general partners remains unchanged,
by death or otherwise.
(f) If the licensee is a
corporation, trust, or limited liability company, the corporation, trust or limited
liability company survives and complies with all applicable laws governing corporations,
trusts or limited liability companies.
(3) If the licensee’s
bond is cancelled, the license will lapse 30 days from the date the cancellation
is received by the agency.
(4) If a license becomes
invalid, the agency may require the return of the license and pocket card.
(5) There is no charge for
the original license and pocket card issued by the agency.
(6) There is a $10 fee to
replace a license and pocket card.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063
& 701.088
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; 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 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14
812-003-0320
Record Changes
(1) Every licensed entity that changes
its name, including any assumed business name under which it may operate, must notify
the agency within 30 days of assuming, filing or registering the new name. This
section also applies to sole proprietors that change their surname.
(2) Except as provided in
OAR 812-003-0190, requests for business name amendments of a partnership, joint
venture, corporation, limited liability company, limited partnership or limited
liability partnership shall be accompanied by a rider from the surety and a new
Certificate of Insurance to reflect the amended name.
(3) With the exception of
record changes due to agency error, a record change request shall be submitted in
writing or, if the agency permits, electronically.
(4) Except as provided in
sections (5) and (6) of this rule, requests for record changes that require a new
license card shall be accompanied by a $20 fee.
(5) No charge will be made
for an address change.
(6) No charge will be made
for changing independent contractor license class under ORS 701.035 if the licensed
entity makes the change electronically.
Stat. Auth.: ORS 670.310, 701.235 &
701.238
Stats. Implemented: ORS 701.056,
701.068, 701.088 & 701.238
Hist.: 1BB 5, f. 6-15-76,
ef. 7-1-76; 1BB 7, f. & ef. 11-14-77; 1BB 1-1978, f. & ef. 5-23-78; 1BB
5-1980, f. & ef. 10-7-80; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1983, f. &
ef. 3-1-83; Renumbered from 812-011-0015; 1BB 3-1983, f. 10-5-83, ef. 10-15-83;
1BB 3-1984, f. & ef. 5-11-84; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 5-1999,
f. & cert. ef. 9-10-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 10-2000,
f. & cert. ef. 8-24-00; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered
from 812-003-0005; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2009, f. 5-6-09,
cert. ef. 6-1-09; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14
812-003-0321
Notification of Change of Independent Contractor Status
(1) When a contractor’s license status changes from nonexempt to exempt or from exempt to nonexempt, the contractor must notify the board. The contractor must file a Notification of Changed Contractor License Status within 30 days of the effective date of the change.
(2) There is no charge to file the Notification under this rule.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.035

Hist.: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11
812-003-0325
Change of Corporate Officer, LLC Manager, LLC Member, Trustee
When a contractor notifies the agency of any change in the identity of a person who holds a position with the contractor that is described in ORS 701.046(1)(h), (E), (F), (G), or (I), or 701.046(1)(i) (D), (E), or (F), the contractor must provide at least one of the following.
(1) For the addition, removal or resignation of a corporate officer as described in ORS 701.046(1)(h)(E) or 701.046(1)(i)(F):
(a) A copy of the corporation’s board minutes evidencing the addition or removal of the corporate officer;
(b) A copy of the corporation’s board consent evidencing the addition or removal of the corporate officer;
(c) A letter from the corporation’s attorney advising the agency of the addition or removal of the corporate officer;
(d) A letter from the corporation’s manager of personnel or human resources advising the agency of the addition or removal of the corporate officer; or
(e) In the case a resignation, a copy of the corporate officer’s letter of resignation.
(2) For the addition, removal or resignation of a manager of a manager-managed limited liability company, as described in ORS 701.046(1)(h)(F) or 701.046(1)(i)(D):
(a) A copy of the limited liability company’s minutes evidencing the addition or removal of the manager;
(b) A copy of the limited liability company’s consent evidencing the addition or removal of the manager;
(c) A letter from the limited liability company’s attorney advising the agency of the addition or removal of the manager;
(d) A letter from the limited liability company’s manager of personnel or human resources advising the agency of the addition or removal of the manager; or
(e) In the case a resignation, a copy of the manager’s letter of resignation.
(3) For the addition, expulsion or withdrawal or other cessation of a member of a member-managed limited liability company, as described in ORS 701.046(1)(h)(G) or 701.046(1)(i)(E):
(a) A copy of the limited liability company’s minutes evidencing the addition or expulsion of the member;
(b) A copy of the limited liability company’s consent evidencing the addition or expulsion of the member;
(c) A letter from the limited liability company’s attorney advising the agency of the addition or cessation of the member;
(d) A letter from the limited liability company’s manager of personnel or human resources advising the agency of the addition or cessation of the manager;
(e) In the event of a member’s withdrawal, a copy of the written notice of withdrawal.
(4) For the addition, removal or resignation of a trustee of a trust, as described in ORS 701.046(1)(h)(I):
(a) A copy of the trust’s minutes evidencing the addition or removal of the trustee;
(b) A copy of the trust’s consent evidencing the addition or removal of the trustee;
(c) A letter from the trust’s attorney advising the agency of the addition or removal of the trustee;
(d) A letter from the trust’s manager of personnel or human resources advising the agency of the addition or removal of the trustee; or
(e) In the case a resignation, a copy of the trustee’s letter of resignation.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.114

Hist.: CCB 6-2009, f. & cert. ef. 9-1-09
812-003-0330
Inactive Status Generally
(1) A licensee may not convert a license to an inactive status if the licensee is engaged in work as a contractor.
(2)(a) A licensee may not offer to undertake work, advertise work as a contractor, submit a bid for construction work, obtain a building permit or perform construction work while in an inactive status.
(b) Subsection (a) of this section does not apply to members of the United States armed forces serving on active duty provided that they perform work as a contractor only as part of their military duties.
(3) A licensee shall notify the agency of any change of address while in an inactive status. During the period when the status of a license is inactive, the agency shall send notices and any other communications to the licensee at the last known address of record of the licensee.
(4) To convert to an inactive status a license must have:
(a) A current active license;
(b) A current suspended license; or
(c) A license that has expired no more than two years.
(5) If the licensee was subject to discipline by the agency, the licensee must satisfy any conditions imposed by the agency as a result of the discipline in order to be eligible for the inactive status.
(6) The licensee must submit a request to convert to inactive status on forms provided by the agency; and
(7) The licensee must comply with OAR 812-003-0340, 812-003-0350, and 812-003-0360.
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 701.056 & 701.063

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 6-2009, f. & cert. ef. 9-1-09; CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10
812-003-0340
Inactive Status Request at Renewal
(1) A request to convert a license to
inactive status made at the time of renewal of the license must be accompanied by
fees required under OAR 812-003-0142.
(2) If a license is converted
to inactive status at the time of renewal of the license, the effective date of
the renewed license shall be the expiration date of the previous license. An inactive
license, if renewed, shall expire two years after its effective date.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 4-2014(Temp),
f. & cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0350
Inactive Status Request at Interim Renewal Period
(1) A request to convert a license to
inactive status made prior to the expiration date of the license, but at a time
other than the time of renewal of the license, will be accepted only if the licensee
making the request has paid all applicable fees required under OAR 812-003-0142
and 812-003-0320.
(2) If a license is converted
to inactive status prior to the expiration date of the license but at a time other
than the time of renewal of the license, the effective dates of the license will
remain unchanged and the license will expire at the upcoming expiration date.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB
6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0360
Inactive Status Request after Lapse
(1) A request to renew a license and
convert it to inactive status made after a lapse due to the expiration of the license
must be accompanied by fees required under OAR 812-003-0142.
(2) If a license is renewed
and converted to inactive status after a lapse due to expiration of the license,
the agency will establish the effective date of the license. An inactive license,
if renewed, shall expire two years after its effective date.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 4-2014(Temp),
f. & cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0370
Renewal of Inactive Status
To renew an inactive license in an inactive
status:
(1) If the licensee was subject
to discipline by the agency, the licensee must satisfy any conditions imposed by
the agency as a result of the discipline;
(2) The licensee must submit
the request to renew the license in inactive status on forms provided by the agency;
and
(3) The licensee must submit
the fees required under OAR 812-003-0142.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.056
& 701.063
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2014(Temp),
f. & cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0380
Converting From Inactive Back to Active Status
(1) To convert from an inactive status
to an active status, the licensee must:
(a) Submit a request to convert
to an active status on forms provided by the agency; and
(b) Comply with section (3),
(4) or (5) of this rule as applicable.
(2) A licensee requesting
conversion from an inactive status to an active status at the time of renewal must:
(a) Submit the fees required
under OAR 812-003-0142;
(b) Submit the required surety
bond, or letter of credit, or cash deposit, and general liability insurance for
the category requested; and
(c) Comply with all other
licensing requirements prescribed by the Board.
(3) A licensee requesting
conversion from an inactive status to an active status at a time other than renewal
and prior to the expiration date of the license must:
(a) Submit all fees to date
as required by OAR 812-003-0142 and 812-003-0320;
(b) Submit the required surety
bond, or letter of credit, or cash deposit, and general liability insurance for
the category requested; and
(d) Comply with all other
licensing requirements prescribed by the Board.
(4) A licensee requesting
conversion from an inactive status to an active status during a lapse due to the
expiration of the license must:
(a) Request the conversion
within two years from the date of lapse;
(b) Comply with all licensing
requirements prescribed by the Board;
(c) Submit the required surety
bond, or letter of credit, or cash deposit, and general liability insurance for
the category requested; and
(d) Submit all fees required
under OAR 812-003-0142.
(5) If a license is converted
from an inactive to an active status, the agency shall establish the effective date
of the license.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.056,
701.063 & 701.088
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; 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 4-2014(Temp), f.
& cert. ef. 5-5-14 thru 10-31-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-003-0390
Revocation or Suspension of License
(1) Except as provided in section (2)
of this rule, if the agency issues a final order, arbitration award, or determination
directing a licensee to pay monetary damages and the licensee or the licensee’s
surety fails to pay the order, award or determination in full, the agency will revoke,
suspend, or refuse to issue or reissue a license.
(2) Section (1) of this rule
shall not apply if the licensee submits proof to the agency that:
(a) A United States Bankruptcy
Court issued an automatic stay under Title 11 of the United States Bankruptcy Code
and that stay is currently in force; or
(b) The order, award or determination
described in section (1) of this rule arises from a debt that:
(A) Is included in an order
of discharge issued by a United States Bankruptcy Court; or
(B) Is included in a chapter
11 plan and order conforming the plan issued by a United States Bankruptcy Court
that prohibits the agency from revoking, suspending, or refusing to issue or reissue
the licensee’s contractor’s license and the licensee is in compliance
with the terms of the plan and order.
(3) The agency shall revoke,
suspend, or refuse to issue or reissue a license under section (1) of this rule
if:
(a) The agency previously
was prevented from revoking or suspending a license or was required to issue or
reissue a license under section (2) of this rule; and
(b) The licensee’s
bankruptcy discharge is revoked or the bankruptcy stay is lifted.
Stat. Auth.: ORS 183.310 - 183.545,
670.310, 701.235 & 701.280
Stats. Implemented: ORS 701.098
Hist.: 1BB 5, f. 6-15-76,
ef. 7-1-76; 1BB 1-1978, f. & ef. 5-23-78; 1BB 6-1980, f. & ef. 11-4-80;
1BB 5-1981(Temp), f. 12-30-81, ef. 1-1-82; 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 812-011-0040;
1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; BB 3-1987,
f. 12-30-87, cert. ef. 1-1-88; CCB 1-1995, f. & cert. ef. 2-2-95; CCB 7-2000,
f. 6-29-00, cert. ef. 7-1-00; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 9-2004,
f. & cert. ef. 12-10-04, Renumbered from 812-003-0030; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 3-2014, f. &
cert. ef. 4-30-14
812-003-0400
Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint
If a surety company or financial institution
pays all or part of a complaint against a licensed contractor from the contractor’s
surety bond, letter of credit or cash deposit, the agency must suspend or refuse
to issue or reissue the contractor’s license until the contractor submits
to the agency:
(1) A properly executed bond,
letter of credit or cash deposit in the amount required under ORS 701.068 or 701.088
unless the agency requires a higher amount under 701.068; or
(2) A certificate from the
contractor’s surety company or financial institution that the surety company
or financial institution remains liable for the full original penal sum of the bond,
letter of credit or cash deposit, notwithstanding the payment from the surety bond
letter of credit or cash deposit.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.068,
701.088
Hist.: CCB 5-2002, f. 5-28-02,
cert. ef. 6-1-02; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0040;
CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; 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 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0410
Social Security Number
(1) The agency will not issue or renew a license issued to a sole proprietorship unless the owner provides his or her social security number on the application or renewal form. The owner need not provide the social security number on the application for renewal, if the owner’s social security number has previously been provided to the agency and is in the record.
(2) If the owner of a sole proprietorship has not been issued a social security number by the United States Social Security Administration, the agency will accept a written statement from the owner to fulfill the requirements of section (1) of this rule. The owner may submit the written statement on a specified agency form with the requisite information. Any written statement must:
(a) Be signed by the owner;
(b) Attest to the fact that no social security number has been issued to the owner by the United States Social Security Administration; and
(c) Acknowledge that knowingly supplying false information under this rule is a Class A misdemeanor, punishable by imprisonment of up to one year and a fine of up to $6,250.
Stat. Auth.: ORS 25.990, 183.310, 670.310 & 701.235

Stats. Implemented: ORS 25.270, 25.785, 25.990, 183.310 & 701.046

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 8-2006, f. & cert. ef. 9-5-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08
812-003-0420
Davis Bacon Act
(1) On all construction projects regulated under the state Prevailing Wage Law, ORS 279C.800 to 279C.870 or the Davis Bacon Act and related acts, 40 USC 276a, the primary contractor shall provide the list of subcontractors required by ORS 701.345, to the contracting public agency and to the Wage and Hour Division of the Bureau of Labor and Industries, 800 NE Oregon #32, Portland OR 97232.
(2) The initial list of subcontractors will be submitted to the contracting public agency and to the Wage and Hour Division of the Bureau of Labor and Industries on the same date that the initial Payroll and Certified Statement form (WH-38) is due. Instructions for submitting form WH-38 are contained in OAR 839-016-0010.
(3) The primary contractor will prepare and submit updated lists of subcontractors with each submittal of the Payroll and Certified Statement form (WH-38).
[ED. NOTE: Forms referenced are available from the agency.]
Stat. Auth.: ORS 670.310 & 701.235

Stats. Implemented: ORS 279C.800-279C.870, 701.345

Hist.: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08
812-003-0430
Time Period for Perfecting a Lien or Complaint
For liens perfected and complaints:
(1) The time period under
ORS 701.131(2)(a)(A) and 701.131(2)(b)(C) for a completed application for license
to be submitted to the Board is 90 calendar days from the date the contractor became
aware of the requirement that the contractor be licensed;
(2) The time period under
ORS 701.131(2)(b)(A) for a completed application for license renewal to be submitted
to the Board is 90 calendar days from the date the contractor became aware of a
lapse in license.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.131
Hist.: CCB 9-2004, f. &
cert. ef. 12-10-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08,
cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-003-0440
Notification of Conviction of a Crime
A licensee or applicant, or an owner
or officer of the licensee or applicant who has been convicted of a crime listed
in ORS 701.098(1)(i) must notify the agency in writing within 30 days from the date
of the entry of the judgment of conviction.
Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.098
Hist.: CCB 8-2006, f. &
cert. ef. 9-5-06; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14

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