Oregon Administrative Code

811-035-0036 Non-Disciplinary Administrative Citations for Minor Violations (1) The Board may issue a Notice of Civil Penalty Citation for violations of the Oregon Administrative Rules that the Board deems minor in degree. Such Notices shall include an explanation of, and opportu…

812-001-0030 Ethics Policy The Construction Contractors Board adopts the agency’s ethics policy number 1-3 revised September 22, 1998. Statutory/Other Authority: ORS 244.040 Statutes/Other Implemented: ORS 244.040 History: CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99 CCB 2-1992, f. &…

812-001-0051 Rules of Procedure for Board Meetings The Construction Contractors Board adopts the following rules of procedure for Board and Committee meetings. (1) The current edition of Sturgis Standard Code of Parliamentary Procedure shall govern the procedures of the Board and…

812-001-0100 Notice of Proposed Rule Except as provided in OAR 812-001-0110, before adopting, amending, or repealing any permanent rule, the Construction Contractors Board shall give notice of the intended action: (1) In the Secretary of State’s Bulletin referred to in ORS 183.36…

812-001-0110 Temporary Rule The Construction Contractors Board Administrator may adopt, amend, or suspend a rule as provided in ORS 183.335. Statutory/Other Authority: ORS 183.325 & 701.235 Statutes/Other Implemented: ORS 183.325 & 701.235 History: Renumbered from 812-001-0001, C…

812-001-0120 Uniform and Model Rules The Construction Contractors Board adopts the Attorney General’s Model Rules of Procedure, OAR 137-001-0005 to 137-005-0070, revised January 31, 2012. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 183.341 His…

812-001-0130 Disposal of Large Objects Submitted as Exhibits Large objects submitted with a complaint or as exhibits in a hearing or arbitration may be returned to the custody of the submitting party or disposed of by the agency after 90 calendar days following the date of the fi…

812-001-0135 Receipt Date of Documents Any document delivered to the agency, including documents delivered by mail, fax, e-mail, or any other type of delivery, before or at 12:00:00 midnight will be considered received on the day of delivery ending at midnight. Any document deliv…

812-001-0140 Response Time to Notices (1) Time for response to a notice delivered pursuant to ORS 701.117 shall run from the date of mailing. (2) OAR 137-003-0520(11) shall apply to the computation of time to respond to a notice under this rule, whether the notice is related to a…

812-001-0160 Requests for Information; Charges for Records (1) The agency shall provide certification of license or non-license relating to a specific entity upon written request and payment of required fee. This certification will include the following information: (a) License n…

812-001-0180 Refunds; NSF Check Charge (1) The agency shall refund a fee or civil penalty paid to it in excess of the amount legally due if the agency, within three years of the date of payment, determines that it received excessive payment. (2) After three years, the agency may …

812-001-0200 Consumer Notices Adoption (1) In order to comply with the requirement to adopt an information notice to owner under ORS 87.093, the Construction Contractors Board adopts the form entitled “Information Notice to Owner About Construction Liens,” as revised January 1, 2…

812-001-0220 Unpaid Court Judgment Form Adoption The Construction Contractors Board adopts the form “Unpaid Court Judgment Filing With the CCB (ORS 701.109)”. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.109 History: CCB 4-2009, f. 5-6-09, …

812-001-0500 Confidentiality and Inadmissibility of Mediation Communications (1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234. (2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rul…

812-001-0510 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications (1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships between this agency’s employees, officials or emplo…

812-002-0001 Applicant “Applicant” has the same meaning as licensee. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 3-2005, f. & cert. ef. 8-24-05

812-002-0002 Application of Definitions Unless other wise provided, definitions in this division apply to the rules in this chapter and statutes in ORS Chapter 701. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 5-2002, f. 5-28-0…

812-002-0011 Administrative Law Judge “Administrative law judge” means a person authorized to conduct hearings for the Office of Administrative Hearings. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.145 & 701.146 History: CCB 9-2008, f. 6-1…

812-002-0020 Agency “Agency” means the administrative agency including the staff of the Construction Contractors Board. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.515 History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0035 Appeal Committee "Appeal Committee" means the appeal committee appointed under ORS 701.260. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.260 History: CCB 2-2001, f. & cert. ef. 4-6-01

812-002-0040 Appurtenance “Appurtenance” means any accessory improvement to real estate associated with a structure. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 656.027, 701.005, 701.139, 701.145, 701.146 & 701.325 History: CCB 9-2008, f. 6-11…

812-002-0060 Bid “Bid” as used in ORS 701.021 does not include a prospectus for an art project. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 279C.460 & 701 History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12 CCB 10-2011, f 9-29-11, cert. ef. 10-1…

812-002-0080 Board “Board” means the nine-member appointed Construction Contractors Board. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 87.058, 87.093 & 701 History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0120 Casual, Minor or Inconsequential (1) “Casual, minor or inconsequential” as used in ORS 701.010(4) means work: (a) That does not require a permit; (b) That does not affect the health or safety of the owner or occupant of the structure; (c) For which the aggregate cont…

812-002-0140 Complaint “Complaint,” as used in OAR chapter 812, means a complaint filed and processed under ORS 701.131–701.180. Complaints are classified by type as follows: (1) “Construction lien complaint” is a complaint filed by an owner against a primary contractor to discha…

812-002-0143 Complainant “Complainant” means a person who files a complaint against a contractor under ORS 701.131 to 701.180. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.131 - 701.180 History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08 CCB …

812-002-0160 Construction Management “Construction management” is the coordinating of a construction project, including, but not limited to, selecting contractors to perform work on the project, obtaining permits, scheduling specialty contractors’ work, and purchasing materials. …

812-002-0170 Contractor “Contractor” has the same meaning as that term is given in ORS 701.005. Contractors include persons who are and who are not licensed under ORS Chapter 701. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CC…

812-002-0180 Contractor Became Aware of the Requirement “Contractor became aware of the requirement” (to license) as used in ORS 701.131 includes but is not limited to the date a letter or a proposed order is mailed to the address of record from the agency indicating that the con…

812-002-0190 Court, Arbitrator or Other Entity “Court, arbitrator or other entity” means a court of competent jurisdiction or an arbitrator or other entity authorized by law or the parties to a dispute to effect a resolution to the dispute. Statutory/Other Authority: ORS 670.310 …

812-002-0200 Date the Contractor Becomes Aware of a Lapse in License “Date the contractor becomes aware of a lapse in license” includes but is not limited to the date a notice is mailed to the address of record from the Construction Contractors Board that his/her license has been…

812-002-0220 Date Contractor Incurred Indebtedness “Date the contractor incurred the indebtedness” as used in ORS 701.143, has the following meanings: (1) For a material complaint, this date is the date of delivery or the date the purchaser takes possession of the materials that …

812-002-0230 Days "Days" as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02

812-002-0250 Direct Contractual Relationship “Direct Contractual Relationship” as used in OAR 812-004-0320 or 812-004-1320 has the following meanings: (1) For an owner, construction lien or primary contractor complaint, “direct contractual relationship” means a relationship creat…

812-002-0260 Dishonest or Fraudulent Conduct "Dishonest or fraudulent conduct", as used in ORS 701.098(1)(o) and (4)(a)(D) includes, but is not limited to, the following: (1) Acting in a manner that, because of a wrongful or fraudulent act by the applicant or licensee, has result…

812-002-0262 Engaged in the Commercial Harvest of Forest Products “Engaged in the commercial harvest of forest products” as used in ORS 701.005(5)(e) means engaged in buying or selling fallen trees, logs, poles or pilings. “Engaged in the commercial harvest of forest products” do…

812-002-0265 Exercises Management or Supervisory Authority Over the Construction Activities of the Business “Exercises management or supervisory authority over the construction activities of the business” as used in ORS 701.005 means meaningfully participating in: (1) The adminis…

812-002-0275 Family Members “Family members” mean members of the same family and are parents, spouses, sisters, brothers, daughters, sons, daughters-in-law, sons-in-law, or grandchildren. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History…

812-002-0280 For Compensation or With the Intent to Sell “For compensation or with the intent to sell” as used in ORS 701.005 is not intended to include real estate licensees engaged in professional real estate activities as defined in 696.010(13). Statutory/Other Authority: ORS …

812-002-0300 Gardener "Gardener" as used in ORS 701.005 means a person who cares for plots of ground where herbs, fruits, flowers, or vegetables are cultivated, including the removal of trees up to 15 feet in height when the diameter of the tree is four inches or less at ground l…

812-002-0320 General Contractor "General contractor" means a contractor whose business operations require the use of more than two unrelated building trades or crafts that the contractor supervises, subcontracts to be performed or performs in whole or in part. Statutory/Other Aut…

812-002-0325 Good Cause “Good cause” as used in ORS 279C.585 exists if the prime contractor that substituted an undisclosed first-tier subcontractor can show that a reasonable person with the knowledge possessed by the prime contractor when the substitution was made would have co…

812-002-0345 Hours of Training “Hours of Training” as used in OAR 812-006-0200 to 812-006-0250 of these rules refers to clock hours, not credit hours. “Hours of training” does not include time spent for registration or breaks. Statutory/Other Authority: ORS 670.310, 701.072 & 701…

812-002-0350 Individual “Individual”, as used in ORS Chapter 701, means a natural person. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701 History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-002-0360 Inspect “Inspect”, as used in ORS 701.005(5), means the examination of a structure or its appurtenances for the purposes of determining the condition of the structure, identifying construction faults, exposing potential maintenance problems, assessing life expectancy…

812-002-0380 Insurance “Insurance” required under ORS 701.073 means public liability, personal injury and property damage insurance covering the work of the contractor, including coverage of liability for products and completed operations according to the terms of the policy and …

812-002-0390 Key Employee “Key employee” means an employee or owner of a contractor who is a corporate officer, manager, superintendent, foreperson, lead person or any other person who exercises management or supervisory authority over the construction activities of the business.…

812-002-0400 Labor "Labor" as used in ORS 701.140 means work subject to ORS Chapter 701 performed as an employee of a licensee. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.140 & 701.150 History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02 CC…

812-002-0420 Lapse in License “Lapse in license” as used in ORS 701.063(4), 701.131(2)(b), 701.225(6)(b) and OAR chapter 812 commences at the time that a license expires, is suspended or is terminated for any reason and ends when the license is renewed, reissued or reinstated by …

812-002-0430 Large Commercial Structure “Large commercial structure” has the meaning given that phrase in ORS 701.005. Statutory/Other Authority: ORS 670.310 & 701.235 Statutes/Other Implemented: ORS 701.005 History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06 CCB 8-2001, f. 12-12-0…