Oregon Administrative Code

812-003-0265 Temporary Authorization for Military Spouse - Contractor (1) A spouse of an active-duty member of the United States Army, Army Active Guard Reserve, Navy, Marine Corps, Air Force, Air Force Active Guard Reserve, or Coast Guard stationed in Oregon may obtain a tempora…

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. Statutory/Other Authority: ORS 670.310 & 701.235 …

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 i…

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)…

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 ent…

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 follo…

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 c…

812-003-0321 Notification of Change of Non-Exempt or Exempt License 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 Lice…

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),…

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 …

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…

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 req…

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 in…

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 …

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…

812-003-0390 Revocation, Suspension, or Conditioning of a 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 or if the licensee enters into a settlement a…

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…

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 applic…

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 701.345, to the …

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 contracto…

812-003-0440 Notification of Conviction of a Crime An applicant for a license, including an applicant for a renewed, reissued, reactivated or reinstated license, who has been convicted of a crime listed in ORS 701.098(1)(L) must notify the agency at the time of application that t…

812-004-1001 Application of Rules (1) The rules in 812-004-1001 to 812-004-1600 apply to complaints filed under ORS 701.145. (2) The following rules apply to complaints filed under ORS 701.146: (a) OAR 812-004-1001 through 812-004-1240; (b) OAR 812-004-1260 through 812-004-1320; …

812-004-1110 Complaint Processing Fee; Waiver of Fee (1) The complaint processing fee authorized under ORS 701.133 is $50 for a complaint filed under ORS 701.145. There is no complaint processing fee for a complaint filed under ORS 701.146. (2) The agency must collect the process…

812-004-1120 Liability of Licensee A licensee, as defined in OAR 812-002-0450, participating in a corporation wholly owned by the licensee, or a limited liability partnership, limited liability company, joint venture, limited partnership or partnership, may be held individually l…

812-004-1140 Liability of Contractor for Complaint Related to Contractor’s Property (1) If an employee complaint, material complaint or subcontractor complaint arises from property owned by a licensed contractor, the licensed contractor is a contractor subject to ORS Chapter 701 …

812-004-1160 Establishment of Co-Complainant The agency may allow a person to become a co-complainant, with the complainant’s permission, even though that person did not sign the complaint form if the person would otherwise qualify as a complainant. Statutory/Other Authority: ORS…

812-004-1180 Complainant’s Responsibility to Pursue Complaint (1) Throughout the processing of a complaint, a complainant has the responsibility to pursue the complaint and to respond in a timely manner to requests from the agency for information or documents. (2) The agency may …

812-004-1195 Exhibits (1) If a party to a complaint submits a document that is larger than 8-1/2 inches by 14 inches or a photograph as an exhibit, the agency may require that the party submit four copies of the document or photo. (2) The disposal of large exhibits is subject to …

812-004-1210 Address of Complainant and Respondent (1) All communications directed to the last known address of record of a party to a complaint is considered delivered when deposited in the United States mail and sent by regular mail. (2) A party must notify the agency in writin…

812-004-1240 Exhaustion of Surety Bond, Letter of Credit or Cash Deposit The agency may continue processing a complaint even though the surety bond, letter of credit or cash deposit related to that complaint is exhausted by prior complaints. Statutory/Other Authority: ORS 670.310…

812-004-1250 Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs (1) For complaints filed under ORS 701.145, the agency may include the following costs in the amount of a judgment that is subject to payment by a surety or financial instituti…

812-004-1260 Closing a Complaint (1) The agency may close a complaint because: (a) The complainant did not act in response to a request from the agency; (b) The complaint is not the type of complaint that the agency has jurisdiction to determine under ORS 701.140; (c) The complai…

812-004-1300 Filing Date of Complaint (1) Except as provided under section (3) and (6) of this rule, a complaint filed with the agency under ORS 701.139 is deemed to have been filed when a complaint is received by the agency that: (a) Meets the requirements of OAR 812-004-1340(1)…

812-004-1320 Jurisdictional Requirements (1) A complaint must be of a type described under ORS 701.140. (2) A complaint must be filed with the agency within the time allowed under ORS 701.143. (3) A complaint will be processed only against a licensed entity. Whether a respondent …

812-004-1340 Form of Complaints, Pre-Complaint Notice (1) Except for complaints initiated by wage claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, a complaint must be submitted on a complaint form provided by the agency. The agency may require the use of the most…

812-004-1350 Procedure if Information on Complaint Form is Incomplete If the agency receives a complaint form that does not meet the requirements of OAR 812-004-1340, the agency may close the complaint if the complainant does not provide the missing information in response to a w…

812-004-1360 Addition of Complaint Items at On-Site Meeting If the agency holds an on-site meeting, the complainant may add new complaint items up to and through the initial on-site meeting. New items added to a timely filed complaint under this rule are considered timely filed. …

812-004-1400 Initial Administrative Processing of Complaints; Collection of Fee (1) Upon receipt of a complaint or BOLI wage claim, the agency must: (a) Send a copy of the complaint or BOLI wage claim to the respondent; (b) Except for complaints initiated by wage claims filed wit…

812-004-1420 Processing Owner and Primary Contractor Complaints Together If an owner complaint based on the same facts and issues is received at any time during the processing of a primary contractor complaint, the two complaints will be processed together. Statutory/Other Author…

812-004-1440 Contracts With Arbitration Agreements (1) If a complaint is based on a contract that contains an agreement by the parties to mediate disputes arising out of the contract, the specific terms of the mediation agreement supersede agency rules except as set forth in ORS …

812-004-1450 On-site Meeting and Telephone Mediation; Attendance of the Complainant (1) The agency may schedule one or more on-site meetings or telephone mediations among the parties for the purpose of discussing a settlement of a complaint under ORS 701.145. The agency will tran…

812-004-1460 Agency Recommendation of Resolution If it appears that the respondent has breached a contract or performed work negligently or improperly, the agency may recommend to the complainant and respondent a resolution consistent with the terms of the contract, generally acc…

812-004-1480 Resolution by Settlement and Construction of Settlement Agreement (1) The agency may present a settlement proposal to the complainant and respondent for their consideration and agreement at or after an on-site meeting or telephone mediation conducted under OAR 812-00…

812-004-1490 Subsequent On-Site Meetings; Determining Compliance; Closing Complaint (1) If a dispute arises as to whether the respondent complied with the settlement agreement, the agency may schedule a subsequent on-site meeting. (2) If the agency determines that the respondent …

812-004-1500 Closure of Complaint After Settlement If the complainant and respondent agree to a settlement, within 30 days from the date the settlement agreement requires completion of the terms of the settlement, the complainant must notify the agency in writing whether the term…

812-004-1505 Complaint Not Settled (1) For other than a BOLI final order, if the complainant and respondent do not settle the complaint, the complainant must obtain a court judgment, including a judgment on an arbitration award, in order to recover from the respondent’s bond. (2)…

812-004-1510 Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders (1) A judgment based on a court action or arbitration award or a Bureau of Labor and Industries (BOLI) final order constitute the basis for a complaint if: (a) The complaint is based …

812-004-1520 Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders (1) Except for complaints initiated by wage claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, the agency may suspend processing a complaint if: (a) The complain…

812-004-1530 Construction Lien Complaints (1) The agency may schedule one or more on-site meetings or telephone mediations among the parties to a construction lien complaint filed under ORS 701.145 for the purpose of discussing settlement of the complaint. Notice of the meeting m…

812-004-1537 Standards of Care and Workmanship (1) For purposes of this rule, “NASCLA Standards” mean the Residential Construction Standards, dated March 20, 2009, as adopted by the National Association of State Contractors Licensing Agencies. (2) Except as provided in section (3…