Stat. Auth.:ORS670.310, 701.082 & 701.235 Stats. Implemented:ORS701.082 Hist.: Ccb 2-2013, F. & Cert. Ef. 10-24-13; Ccb 3-2014, F. & Cert. Ef. 4-30-14

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_812/812_022.html
Published: 2015

The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 22
NEW CONTINUING EDUCATION FOR
RESIDENTIAL CONTRACTORS
812-022-0000
Authority, Purpose, Scope, Applicable
Dates — Continuing Education for Residential Contractors (SB 783)
(1) Authority. These rules are promulgated
in accordance with ORS 701.082, which requires CCB to establish a residential continuing
education system for licensed residential contractors, other than developers.
(2) Purpose. The purpose
of these rules is to create a residential continuing education system. The Board
shall adopt minimum standards for:
(a) Approving providers of
residential continuing education;
(b) Approving courses for
residential continuing education; and
(c) Where available, giving
consideration to any residential continuing education program adopted by national
construction licensing trade associations.
(3) Scope.
(a) These rules establish
the content and hours required for residential continuing education.
(b) These rules establish
procedures for recordkeeping, for verifying attendance or completion of residential
continuing education hours and for sanctions for failing to comply.
(c) These rules establish
procedures and standards for provider and course approval.
(d) These rules establish
fees for:
(A) Provider approvals;
(B) Course approvals;
(C) Specialized education
program approvals;
(D) Per attendee charge to
providers for each completed approved course;
(E) Training offered by the
agency; and
(F) Charge to providers that,
by agreement, offer the agency-developed training.
Stat. Auth.: ORS 670.310, 701.126 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0005
Definitions — Continuing Education
for Residential Contractors (SB 783)
The following definitions apply to OAR
812-022-0000 to 812-022-0047:
(1) “Employee”
means:
(a) Any individual employed
by a contractor; or
(b) A leased worker provided
to a contractor by contract with a worker leasing company defined under 701.005(19)
(2013) or licensed under ORS 656.850(2).
(c) “Employee”
does not include a subcontractor, which is an independent contractor, or a temporary
employee.
(2) “Instructor”
means:
(a) Any individual who develops,
or assists in developing, curriculum for any course;
(b) Any individual who presents
a course in live format; or
(c) Any individual who is
available to answer questions from course attendees or participants.
(3) “Licensing period”
means the two-year period from the date a contractor’s license is first issued
or last renewed until the date the license is next scheduled to expire.
(4) “Officer”
means an individual person as defined in ORS 701.005(12).
(5) “Owner” means
an individual person as defined in OAR 812-002-0537.
(6) “Residential contractor”
means a licensed contractor as defined in ORS 701.005(13).
(7) “Responsible managing
individual (RMI)” means an individual person as defined in ORS 701.005(16).
(8) “Series A Courses”
means courses required under OAR 812-022-0015(2)(b) that CCB has approved pursuant
to 812-022-0028.
(9) “Series B Courses”
means courses satisfying requirements under OAR 812-022-0015(3)(b) that do not require
CCB approval.
Stat. Auth.: ORS 670.310, 701.126 &
701.235
Stats. Implemented: ORS 701.082;
701.005 & 701.035
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0010
Effective Date — Continuing
Education for Residential Contractors (SB 783)
(1) OAR 812-022-0000 to 812-022-0047
apply to residential contractors:
(a) That have active, non-lapsed
licenses that expire on or after January 1, 2014.
(b) That renew lapsed licenses
with expiration dates on or after January 1, 2014.
(c) That renew lapsed licenses
with expiration dates before January 1, 2014, but that are renewed on or after January
1, 2014.
(2) Notwithstanding section
(1), until December 31, 2015, a residential contractor may apply hours earned from
attending the courses, completed during the licensing period immediately preceding
January 1, 2014, towards the new residential continuing education requirements regardless
of whether the courses would qualify under the new law. These courses may include
the following.
(a) Construction Contractor
Board laws, regulations and business practices (up to three hours). Hours earned
will be applied towards the three hours of Construction Contractor Board laws, regulations
and business practices required for the new residential continuing education.
(b) Building codes courses
approved by CCB before January 1, 2014, (up to two hours). Hours earned will be
applied towards the five hours of Series A courses required for the new residential
continuing education.
(c) Building Exterior Shell
Training (BEST) (up to three hours). Hours earned will be applied towards the five
hours of Series A courses required for the new residential continuing education.
(d) Elective courses. Hours
earned will be applied towards the eight hours of Series B courses required for
the new residential continuing education for contractors licensed less than six
years.
(3) Notwithstanding section
(1), a residential contractor renewing a license on or after January 1, 2014, that
expired before October 1, 2013, must complete three hours of BEST and two hours
of building code courses. The BEST and building code course hours will substitute
for required Series A Course hours.
(4) Notwithstanding section
(1), a residential contractor renewing a license on or after January 1, 2014, which
expired between October 1, 2013, and December 31, 2013, must complete two hours
of building code course. The hours will substitute for required Series A Course
hours.
(5) Notwithstanding OAR 812-021-0028(7)
and (8), providers approved pursuant to 812-021-0025 or 812-022-0025 may continue
to offer BEST or building codes courses previously approved by CCB under 812-021-0028
without submitting additional application or fees for provider or course approval.
(6) Notwithstanding section
(1), a contractor renewing its license between January 1, 2014, and March 31, 2014,
may elect to renew the license pursuant to OAR 812-021-0015 rather than renewing
its license pursuant to this rule. A contractor making this election will need to
maintain record of the continuing education courses it completes to satisfy 812-021-0015
for which the provider does not otherwise submit notification of completion of core
hours.
Stat. Auth.: ORS 670.310, 701.082, 701.126,
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14;
CCB 1-2014, f. & cert. ef. 2-6-14; CCB 2-2014(Temp), f. & cert. ef. 3-26-14
thru 9-22-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-022-0011
Residential Developer Exemption
— Continuing Education for Residential Contractors (SB 783)
Residential developers are exempt from
the residential continuing education requirements in OAR 812-022-0000 to 812-022-0047.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0015
Minimum Continuing Education Requirements
— Continuing Education for Residential Contractors (SB 783)
(1) Except as provided in section (3),
residential contractors shall have an owner, officer, RMI or employee, or a combination
of those persons, who complete a minimum of eight hours of continuing education
every licensing period as described in sections (2) and (3).
(2) Residential continuing
education hours consist of the following:
(a) Three hours of education
on laws, regulations and business practices offered by the agency or by an approved
provider under an agreement with the agency; and
(b) Five hours of Series
A Courses, approved by the agency and offered by approved providers, in one or more
of the following subjects:
(A) Construction business
practices;
(B) Marketing;
(C) Customer service;
(D) Accounting;
(E) Business law;
(F) Bidding;
(G) Building Codes; or
(H) Safety.
(3) Residential contractors
that have not been licensed as a residential contractor during any part of the six-years
immediately preceding their scheduled renewal date must complete an additional eight
hours of residential continuing education offered by an approved provider. The education
hours may include:
(a) Series A Courses described
in section (2)(b);
(b) Series B Courses in one
or more of the following subjects:
(A) Energy efficiency; or
(B) Trade specific subjects,
such as roofing, excavation, or exterior shell construction, as selected by the
contractor; or
(c) Courses in excess of
three hours of education on laws, regulations and business practices offered by
the agency, or by an approved provider under an agreement with the agency, as described
in section (2)(a).
(4) Courses shall be a minimum
of 50 minutes to qualify for one hour of residential continuing education credit.
Courses shall be at least one credit hour.
(5) Credit shall not be given
for an individual student repeating the same residential continuing education course
during a two-year licensing period.
(6) If, during the two years
immediately preceding the expiration date of the license, a residential contractor
served on active duty in the United States armed forces, including but not limited
to mobilization or deployment, the residential continuing education requirement
is waived for that two-year licensing period. This exemption applies only if the
residential contractor is a:
(a) Sole proprietor without
employees;
(b) Sole owner of a corporation;
or
(c) Sole member of a limited
liability company.
Stat. Auth.: ORS 670.310, 701.082, &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14;
CCB 1-2014, f. & cert. ef. 2-6-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-022-0016
Fees for Agency Courses —
Continuing Education for Residential Contractors (SB 783)
(1) The agency may charge a fee of $15
per course hour for courses in laws, regulations, and business practices, offered
by the agency as provided in OAR 812-022-0015(2)(a).
(2) In addition to the fee
for the course, CCB may charge for processing, shipping and handling course materials
made available other than online.
(3) If the agency enters
into agreements with providers to provide the agency’s courses on laws, regulations
and business practices, the agency may charge providers an additional fee of $4
per student per course hour, in addition to the fees charged in section (1).
Stat. Auth.: ORS 670.310, 701.126 &
701.235
Stats. Implemented: ORS 701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0018
Agreements to Offer Agency Courses
— Continuing Education for Residential Contractors (SB 783)
The agency may enter into agreements
with approved providers to provide the agency’s courses on laws, regulations
and business practices.
Stat. Auth.: ORS 670.310, 701.126 &
701.235
Stats. Implemented: ORS 701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0021
Exemptions from Continuing Education
— Continuing Education for Residential Contractors (SB 783)
The following contractors are exempt
from continuing education requirements as required by OAR division 22:
(1) Contractors licensed
as plumbing contractors under ORS 447.010 to 447.156;
(2) Contractors licensed
as electrical contractors under ORS 479.630;
(3) Contractors owned by,
or having an officer who is, an architect registered under ORS 671.010 to 671.220;
and
(4) Contractors owned by,
or having an officer who is, a professional engineer licensed under ORS 672.002
to 672.325
Stat. Auth.: ORS 670.310, 701.082, 701.083,
& 701.235
Stats. Implemented: ORS 701.082,
701.083
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14;
CCB 1-2014, f. & cert. ef. 2-6-14; CCB 2-2014(Temp), f. & cert. ef. 3-26-14
thru 9-22-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-022-0022
Experience Exemptions from Continuing
Education — Continuing Education for Residential Contractors (SB 783)
(1) Notwithstanding ORS 701.082(2),
if a contractor was licensed for at least six years before the contractor’s
renewal date, the contractor may qualify for renewal by completing eight hours of
continuing education as provided in ORS 701.082(1).
(2) Notwithstanding ORS 701.082(2),
if a contractor’s RMI was an RMI for any contractor for at least six years
before the contractor’s renewal date, the contractor may qualify for renewal
by completing eight hours of continuing education as provided in ORS 701.082(1).
(3) The licensing for the
contractor or experience for the RMI does not need to be continuous.
Stat. Auth.: ORS 670.310, 701.08, 701.235
Stats. Implemented: ORS 701.082,
701.265
Hist.: CCB 2-2014(Temp),
f. & cert. ef. 3-26-14 thru 9-22-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14
812-022-0025
Provider Approval — Continuing
Education for Residential Contractors (SB 783)
(1) The agency will review and approve
providers offering residential continuing education.
(2) Providers will apply
for approval on a form, and submit fees, prescribed by the agency.
(3) Providers seeking approval
to offer residential continuing education must submit the following to the agency:
(a) Name, address and contact
information of the provider;
(b) Business entity type
of the provider and, if applicable, the Corporation Division business registry number;
(c) Description of the subject
area(s) the provider intends to offer;
(d) Indication whether provider
will offer:
(A) Series A Courses;
(B) Series B Courses; or
(C) Both Series A and Series
B Courses; and
(e) Such other information
or documentation as the agency may request.
(4) To qualify for approval,
providers must:
(a) Employ or contract with
instructors who have at least four years work experience or four years of education,
or any combination of both, in the subject that they instruct;
(b) Be capable of entering
and transmitting electronic data to the agency;
(c) Describe and follow a
process for prompt resolution of complaints by registrants;
(d) Describe a process for
cancellations and refunding registrant payments. If the provider does not permit
cancellation or refunds, it must provide notice of that fact in a conspicuous manner
in its advertising, solicitation and registration materials;
(e) Describe and follow attendance
verification procedures;
(f) Provide an evaluation
opportunity as prescribed by the agency for course attendees to complete;
(g) Be capable of submitting
rating results to the agency by 12:00 noon of the business day following the day
the contractor completes the course;
(h) Except as provided in
OAR 812-022-0027(2), if offering agency developed courses, pursuant to an agreement
under OAR 812-022-0018, or Series A Courses, provide a surety bond, as described
in OAR 812-022-0027, in the amount of $20,000 obligating the surety to pay the State
of Oregon any fees unpaid by provider;
(i) Except as provided in
OAR 812-022-0026(3), pay fees as provided under OAR 812-022-0026; and
(j) Maintain records available
for agency to inspect for at least six years.
(5) Only an approved provider
may offer or provide residential continuing education to a contractor or a contractor’s
employees.
(6) An approved provider
may not allow any person not approved by the agency as a provider to offer or provide
courses of the approved provider. For purposes of this rule, “offer or provide”
includes, but is not limited to, assisting the contractor or the contractor’s
employees in obtaining or completing the courses or acting on behalf of an approved
provider in advertising or soliciting the courses.
(7) Provider approval will
be valid for two (2) years from the date the provider is approved by the agency.
(8) If providers change or
add course types (Series A Courses or Series B Courses), they shall notify the agency
within 24 hours.
(9) If providers change or
add instructors, they shall notify the agency within 24 hours.
(10) Providers must re-submit
an application and fees for renewal of approval. Renewal of approval will be subject
to the same requirements as initial approval.
(11) The agency may withdraw
approval issued to any provider that violates Oregon Laws 2013, chapter 718, or
any rule of the agency.
Stat. Auth.: ORS 670.310, 701.265, 701.235
Stats. Implemented: ORS 701.265
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14;
CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14; CCB 1-2014, f. &
cert. ef. 2-6-14
812-022-0026
Fees for Provider Approval —
Continuing Education for Residential Contractors (SB 783)
(1) Providers will remit to the agency
a non-refundable fee of $2,000, together with an application for approval, or renewal
of approval, to offer Series A Courses, Series B Courses, or both Series A Courses
and Series B Courses.
(2) Providers will be assessed
a fee of $4 per student per hour for each Series A Course hour provided. Providers
will pay agency the fees at the time provider submits each student’s records.
The agency will establish the manner in which the provider must remit payment.
Students will receive credit for Series A Course hours only after CCB receives
provider’s payment.
(3) The fees established
under section (1) of this rule do not apply to Oregon public community colleges
or small business development centers (including BizCenter Online Learning).
Stat. Auth.: ORS 670.310, 701.235, 701.267
Stats. Implemented: ORS 701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14;
CCB 1-2014, f. & cert. ef. 2-6-14
812-022-0027
Surety Bond to Assure Performance
of Agency Agreements
(1) Providers that provide Series A
Courses as provided in OAR 812-022-0015(2)(b), will maintain a surety bond in the
amount of $20,000, issued by a surety company authorized to do business in the State
of Oregon, for the benefit of the State of Oregon, Construction Contractors Board.
The bond must be in the form “Series A Course Provider Surety Bond,”
dated October 24, 2013.
(2) Section (1) of this rule
does not apply to Oregon public community colleges or small business development
centers (including BizCenter Online Learning).
Stat. Auth.: ORS 670.310, 701.235, 701.265,
701.267
Stats. Implemented: ORS 701.265,
701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14;
CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14; CCB 1-2014, f. &
cert. ef. 2-6-14
812-022-0028
Course Approval — Continuing
Education for Residential Contractors (SB 783)
(1) The agency will approve Series A
Courses required under OAR 812-022-0015(2)(b). Providers seeking course approval
must be approved providers under OAR 812-022-0025.
(2) A provider seeking approval
for Series A Courses must submit the following:
(a) Course name, course description,
objective of the offered course, and number of hours of continuing education credit
sought (must be no less than one hour);
(b) A written description
of the course instructors’ credentials, including years of education and experience
in the subject matter they instruct;
(c) Course syllabus;
(d) Comprehensive course
outline;
(e) Copies of the course
materials provided to students;
(f) Cost of the offered course;
(g) For live classes and
classes held in real time:
(A) Anticipated date, time,
place of the course; and
(B) Number of registrants
that each course can accommodate;
(h) For self-study courses:
(A) Anticipated date when
the course will first be offered;
(B) Description of provider’s
procedures to answer student questions; and
(C) The length of time a
student has to complete the course and receive credit.
(i) Any other information
as directed by the agency.
(3) The agency will only
approve Series A Courses that the agency, in its sole discretion, considers offer
high quality in the following respects:
(a) The course relates to
one or more of the subjects listed in OAR 812-022-0015(2)(b);
(b) The course’s use
of animation, audio, video or color to stimulate multiple learning styles;
(c) The course holds interest
through the use of visual, textual, audio or interactive components;
(d) The course material is
presented in a logical and understandable manner;
(e) The spelling, grammar
and sentence structure in written materials are correct;
(f) For courses using internet,
video, audio or other electronic media, the course program is technically sufficient
(e.g., video does not “stutter”; internet material does not “lock
up”); and
(g) For courses using internet,
video, audio or other electronic media, there is adequate instruction and guidance
to navigate from the beginning to the end of the course.
(4) The agency will only
approve Series A Courses that provide qualified instructors to answer questions
in real-time, either in person, by telephone or by electronic means (e.g. chat rooms,
e-mail, instant message).
(5) Series A Course approval
will be valid for two (2) years from the date the provider is approved by the agency.
(6) Providers must re-submit
an application and fees for renewal of Series A Course approval. Renewal of approval
will be subject to the same requirements as initial approval.
Stat. Auth.: ORS 670.310, 701.235, 701.265,
701.267
Stats. Implemented: ORS 701.265,
701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14;
CCB 1-2014, f. & cert. ef. 2-6-14
812-022-0029
Fees for Course Approval —
Continuing Education for Residential Contractors (SB 783)
Providers will remit to the agency a
non-refundable fee of $100 together with an application for approval of any Series
A Course.
Stat. Auth.: ORS 670.310, 701.235, 701.265,
701.267
Stats. Implemented: ORS 701.267
Hist.: CCB 3-2013(Temp),
f. & cert. ef. 10-29-13 thru 4-26-14; CCB 1-2014, f. & cert. ef. 2-6-14
812-022-0033
Provider Rosters, Notification of
Completion and Certificates of Completion for Series A Course Hours — Continuing
Education for Residential Contractors (SB 783)
(1) Providers will maintain rosters
capturing data for all contractors that complete Series A Courses, as described
in 812-022-0015(2)(b). Rosters will contain the following information:
(a) Course name and any other
information identifying course, as required by agency:
(b) Contractor’s name;
(c) Contractor’s license
number;
(d) Name of individual attending
or completing the course;
(e) Relationship of individual
completing the course to contractor (e.g. owner, officer, member, employee);
(f) Date individual attended
or completed the course;
(g) Number of hours credit
obtained by attending or completing the course; and
(h) Certification by individual
completing the course that the identified individual:
(A) Attended or completed
the entire course; and
(B) No other individual attended,
completed or assisted in completing the course in place of the individual.
(2) Providers will transmit
data, as directed by the agency, containing the information in section (1) and notifying
the agency when a contractor completes a Series A Course. Providers must submit
data by 12:00 noon of the business day following the date the contractor completes
the course.
(3) Upon satisfactory completion
of each Series A Course, providers will prepare a certificate of completion for
the person completing the course. The certificate of completion will contain the
following information:
(a) Provider name;
(b) Provider number assigned
by the agency;
(c) Course name;
(d) Course number assigned
by the agency;
(e) Number of credit hours;
(f) Date of course completion;
(g) Student name;
(h) Name of contractor with
which student is associated;
(i) Contractor CCB number;
and
(j) Any other information
required by the agency.
Stat. Auth.: ORS 670.310, 701.267 &
701.235
Stats. Implemented: ORS 701.267
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0034
Completion and Registration of Series
B Courses — Continuing Education for Residential Contractors (SB 783)
(1) Contractors that were not licensed
as a residential contractor during any part of the six-year period immediately preceding
the renewal must complete eight hours of residential continuing education, which
may include Series A Courses described in OAR 812-022-0015(2)(b) or Series B Courses
described in OAR 812-022-0015(3)(b).
(2) The agency will register
Series B Courses authorized under OAR 812-022-0015(3)(b). Providers seeking course
approval must be approved providers under OAR 812-022-0025.
(3) A provider registering
Series B Courses must submit the following:
(a) Course name, course description,
objective of the offered course, and number of hours of continuing education credit;
(b) Cost of the offered course;
(c) For live classes and
classes held in real time:
(A) Anticipated date, time,
place of the course; and
(B) Number of registrants
that each course can accommodate;
(d) For self-study courses:
(A) Anticipated date when
the course will first be offered; and
(B) The length of time a
student has to complete the course and receive credit.
(e) Any other information
as directed by the agency.
(4) Series B Course registration
will be valid for two (2) years from the date the provider is approved by the agency.
(5) Providers must re-submit
a registration form for renewal of Series B Course registration. Renewal of registration
will be subject to the same requirements as initial registration.
Stat. Auth.: ORS 670.310, 701.082, 701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 1-2014, f. & cert. ef. 2-6-14
Operative 1-1-14
812-022-0035
Provider Rosters, Notification of
Completion and Certificates of Completion for Series B Course Hours — Continuing
Education for Residential Contractors (SB 783)
(1) Providers will maintain rosters
capturing data for all contractors that complete Series B Courses, as described
in 812-022-0015(3)(b). Rosters will contain the following information:
(a) Course name and any other
information identifying course, as required by agency:
(b) Contractor’s name;
(c) Contractor’s license
number;
(d) Name of individual attending
or completing the course;
(e) Relationship of individual
completing the course to contractor (e.g. owner, officer, member, employee);
(f) Date individual attended
or completed the course;
(g) Number of hours credit
obtained by attending or completing the course; and
(h) Certification by individual
completing the course that the identified individual:
(A) Attended or completed
the entire course; and
(B) No other individual attended,
completed or assisted in completing the course in place of the individual.
(2) Providers will transmit
data, as directed by the agency, containing the information in section (1) and notifying
the agency when a contractor completes a Series B Course. Providers must submit
data by 12:00 noon of the business day following the date the contractor completes
the course.
(3) Upon satisfactory completion
of each Series B Course, providers will prepare a certificate of completion for
the person completing the course. The certificate of completion will contain the
following information:
(a) Provider name;
(b) Provider number assigned
by the agency;
(c) Course name;
(d) Course number assigned
by the agency;
(e) Number of credit hours;
(f) Date of course completion;
(g) Student name;
(h) Name of contractor with
which student is associated;
(i) Contractor CCB number;
and
(j) Any other information
required by the agency.
Stat. Auth.: ORS 670.310, 701.235, 701.265,
701.267
Stats. Implemented: ORS 701.265,
701.267
Hist.: CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 1-2014, f. & cert. ef. 2-6-14
812-022-0036
Agency Tracking of Hours —
Continuing Education for Residential Contractors (SB 783)
(1) The agency will track completion
of Series A and Series B Course hours.
(2) The agency may notify
contractors, in advance of their renewal dates, of the number of Series A Course
hours left to be completed before renewal.
(3) The agency may notify
contractors, in advance of their renewal dates, of reported Series B.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0037
Certification, Recordkeeping, and
Review — Continuing Education for Residential Contractors (SB 783)
(1) Contractors shall maintain records
of continuing education courses completed for a period of:
(a) 24 months after the renewal
date for which the residential continuing education was reported; or
(b) For a lapsed license,
a period of 24 months after the date the license ceased to be lapsed.
(2) The agency may request
any contractor’s residential continuing education records for review.
(3) If a contractor cannot
prove that it completed the residential continuing education, the agency may suspend
or refuse to renew the license until the contractor proves compliance or completes
the missing courses.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0040
Inactive Status During the License
Period or Upon Renewal — Continuing Education for Residential Contractors
(SB 783)
(1) If a contractor is inactive for
less than one year and seeks to renew in active status, the contractor must complete
all residential continuing education required under OAR 812-022-0015. The contractor
may satisfy the requirement by residential continuing education completed during
the inactive period.
(2) If a contractor is inactive
for one year or more during the licensing period and seeks to renew in active status,
the contractor is not required to complete the residential continuing education
requirements under OAR 812-022-0015.
(3) If a contractor is inactive
for any period of time and seeks to renew in inactive status, the contractor is
not required to complete residential continuing education required under OAR 812-022-0015.
(4) If a contractor is active
at the time of renewal and seeks to renew in inactive status, the contractor is
not required to complete the residential continuing education requirements under
OAR 812-022-0015.
(5) Notwithstanding section
(4), if an inactive contractor renews to inactive status and seeks to change to
active status during the two-year licensing period, the contractor must complete
residential continuing education required in OAR 812-022-0015. The contractor may
satisfy the requirement by residential continuing education completed during the
inactive period. Hours completed and credited towards this renewal may not be included
for contractor’s next renewal.
(6) Hours completed and credited
towards one renewal may not be included for contractor’s next renewal.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.063
& 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0042
Lapse in License — Continuing
Education for Residential Contractors (SB 783)
If a license lapses and a contractor
applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the contractor
must satisfy the residential continuing education requirements of 812-022-0015.
The contractor may satisfy the requirement by residential continuing education completed
during the lapse period.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.063
& 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0045
Claiming Continuing Education Credits
— Continuing Education for Residential Contractors
(1) A contractor may claim continuing
education hours for courses completed during the time an employee is employed by
the contractor. If the employee is a leased worker, the employee must complete the
continuing education hours while leased to the contractor.
(2) If an employee completed
continuing education before being hired by a contractor, the contractor may not
claim those hours to satisfy its continuing education requirement.
(3) A contractor may claim
continuing education hours for courses completed at the time the owner, officer
or RMI is associated with the contractor.
(4) If an owner, officer
or RMI completed continuing education before associating with a contractor, the
contractor may not claim those hours to satisfy the continuing education requirement.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14
812-022-0047
Personnel of More than One Contractor —
Continuing Education for Residential Contractors
(1) If an employee who completes a continuing
education course is employed by more than one contractor at the time the employee
completes the course, each employing contractor may claim the continuing education
hours. For purposes of this rule, “employed by more than one contractor”
does not include leased workers leased by more than one contractor. For leased
workers, only one contractor may claim the continuing education credits.
(2) If an owner, officer
or RMI who completes a continuing education course is associated with more than
one contractor at the time the owner, officer or RMI completes the course, each
affiliated contractor may claim the continuing education hours.
Stat. Auth.: ORS 670.310, 701.082 &
701.235
Stats. Implemented: ORS 701.082
Hist.: CCB 2-2013, f. &
cert. ef. 10-24-13; CCB 3-2014, f. & cert. ef. 4-30-14


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