Oregon Administrative Code

812-004-1600 Payment From Surety Bond, Letter of Credit or Cash Deposit (1) The agency must notify the surety company or financial institution the agency’s determination. The determination is the amount of the judgment that is subject to payment by the surety or financial institu…

812-005-0100 Notice of Intent to Take Action Except as provided under authority of ORS 701.098(4), if the agency intends to revoke, suspend, or condition a license, or assess a civil penalty, it shall issue and serve on the respondent a notice of intent to take an action, giving …

812-005-0110 Hearing Request A hearing request, and answer when required, shall be made in writing to the agency by the respondent or the respondent's attorney. An answer shall include: (1) An admission or denial or each factual matter alleged in the notice. (2) A short and plain…

812-005-0120 Default Orders If the agency issues a notice of intent to take an action and no answer or written request for hearing is received by the agency within 21 days of the date of mailing the notice; the agency may issue a default order. Statutory/Other Authority: ORS 183.…

812-005-0130 Hearing If the agency issues a notice of intent to take an action and an answer or a written request for hearing is timely received, the agency will set an administrative hearing to determine whether the respondent has violated any provision of ORS Chapter 701 or of …

812-005-0140 Emergency Suspension Effective January 1, 2024, the Administrator of the Board may immediately suspend or refuse to renew a license without a prior hearing, in accordance with ORS 701.098(4), in cases where the Administrator of the Board has in its possession a prima…

812-005-0150 Collection The agency may initiate its own collection proceedings, assign the matter to another public or private agency for collection, or commence an action as set forth in ORS 701.992(2). Statutory/Other Authority: ORS 670.310, 701.235 & 701.992 Statutes/Other Imp…

812-005-0160 Failure to Pay a Civil Penalty or Abide by Settlement Agreement (1) The agency may revoke, suspend, condition or refuse to issue or reissue the license of any contractor who fails to pay on demand a civil penalty which has become due and payable. (2) The agency may r…

812-005-0170 Status of Backdated License Notwithstanding any back-dating of a renewal, a person shall be in violation of ORS 701.021 if, at the time a person undertakes, offers to undertake, or submits a bid to do work as a contractor, the person is not actively licensed with the…

812-005-0180 Suspension of Civil Penalty At the agency’s discretion, all or part of a civil penalty may be suspended, if: (1) The respondent provides written proof of having completed one or more pre-licensure training courses as provided by Division 6 of these rules; and/or (2) …

812-005-0200 Unpaid Final Orders, Arbitration Awards or Determinations that Exceed the Contractor’s Bond, Letter of Credit or Cash Deposit (1) Under ORS 701.068(5), the agency must suspend the license of a licensee if the agency issues a final order, arbitration award or determin…

812-005-0210 Conditions to Require an Increased Bond, Letter of Credit or Cash Deposit (1) Under ORS 701.068(6), the agency may require a bond, letter of credit or cash deposit of up to five times the normally required amount, if it determines that a licensee or a current or prev…

812-005-0250 Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement (1) Under ORS 701.068 or 701.088 after three years of operating under the increased bond, letter of credit or cash deposit, an applicant or licensee may submit a written request to the agency to b…

812-005-0270 Duty to Submit Evidence of Management or Supervisory Authority Upon request from the agency, a licensee must submit evidence to support compliance with the requirement that a responsible managing individual of the licensee exercises management or supervisory authorit…

812-005-0280 Fitness Standards (1) In considering whether to revoke, suspend, condition, or refuse to issue a license pursuant to ORS 701.098(1)(L)(A)–(I), the agency shall consider whether the applicant’s or licensee’s criminal conduct is substantially related to the fitness and…

812-005-0500 Form of Complaint Regarding Public Contracts (1) A person providing information to the agency must submit the information on a form provided by the agency if the information is submitted for purposes of: (a) ORS 701.227 alleging that a contractor failed to pay a pers…

812-005-0800 Schedule of Penalties The agency may assess penalties, not to exceed the amounts shown in the following guidelines: (1) $600 for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, which may be reduced if the r…

812-006-0100 Responsible Managing Individual (1) As used in these rules, Responsible Managing Individual (RMI) has that meaning provided in ORS 701.005(16). (2) Upon initial application, an applicant for a contractor’s license shall designate at least one individual as the applic…

812-006-0110 Temporary Responsible Managing Individual (1) If a contractor or business is required by ORS chapter 701 to have a responsible managing individual (RMI) and the appointed RMI ceases to serve as the RMI for any reason, the contractor or business may appoint a temporar…

812-006-0150 Pre-Licensure Training Requirements (1) Except as provided in OAR 812-006-0160 and 812-006-0162, the pre-licensure training required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250. (2) Pre-licensure training shall consist of at least 16 hours. (3)…

812-006-0160 Pre-Licensure Training Requirements for NASCLA Accredited Examination for Commercial General Building Contractors (1) RMIs that pass the NASCLA Accredited Examination for Commercial General Building Contractors and the Oregon pre-licensure test satisfy the pre-licens…

812-006-0162 Special Exemption Exemption from Pre-Licensure Training for Sole Proprietorships Seeking a New License as a Residential General Contractor or Residential Specialty Contractor under Oregon Laws 2018, Chapter 46, Sections 1 and 2. (1) Pursuant to Oregon Laws 2018, chap…

812-006-0164 Pre-License Training Alternative Applicants whose RMI’s complete and pass the Contractor Pre-License Business, Law, and Project Management, Training Institute course, developed by an Oregon community college Small Business Development Center, under an Intergovernment…

812-006-0200 Pre-Licensure Training Provider Approval (1) Except as provided in OAR 812-006-0160 and 812-006-0164, no pre-licensure training shall meet the requirements of ORS 701.122 unless it is offered by a pre-licensure training provider approved by the agency under this rule…

812-006-0250 Pre-Licensure Training Subjects (1) The agency may evaluate and approve pre-licensure training based on written evaluation criteria approved by the Training and Education Committee and made available to pre-licensure training providers. The agency may revoke a pre-li…

812-006-0300 Pre-Licensure Testing Requirements (1) The test required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250. (2) A person seeking to take the test shall: (a) Pay any fees required by the test administrator; (b) Provide approved U.S. government-issued …

812-006-0310 Pre-Licensure Testing Based on NASCLA Accredited Examination for Commercial General Building Contractors (1) An RMI may satisfy the pre-licensure requirements by passing the NASCLA Accredited Examination for Commercial General Building Contractors and the Oregon pre-…

812-006-0350 Pre-Licensure Testing Subversion (1) Testing subversion is the use of any means to alter the results of a test to cause the results to inaccurately represent the competency of an examinee. Testing subversion includes, but is not limited to: (a) Communication between …

812-006-0400 Pre-Licensure Training and Testing Period (1) The pre-licensure training and testing required under ORS 701.122 (1) and (3) will be valid for 24 months from the date the responsible managing individual passed the test. (2) Section (1) of this rule does not apply to a…

812-006-0450 Pre-Licensure Experience (1) An individual may qualify as a responsible managing individual by experience under ORS 701.005(16)(c)(B) as follows: (a) The individual must be listed on the agency’s license records before July 1, 2000, as having been a sole proprietor, …

812-007-0000 Authority, Purpose, Scope (1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.505 to 701.520 and 701.995. (2) Purpose. These rules establish a system to license contractors as lead-based paint (LBP) activities contractors …

812-007-0015 Federal Regulations Adopted by Reference (1) Except as indicated herein, the board adopts, by reference, 40 CFR 745, Subpart D (Lead-Based Paint Hazards), Subpart E, (Residential Property Renovation) and Subpart L (Lead-Based Paint Activities). (2) The board does not…

812-007-0020 Definitions The following definitions apply to division 7 of OAR chapter 812. (1) “Abatement” 40 CFR 745.223. (2) “Accredited training program” means a training program provisionally accredited or accredited by the OHA, the Environmental Protection Agency (EPA) or an…

812-007-0025 Construction Contractors Board Lead-Based Paint Activities Fund (1) Civil penalties imposed under ORS 701.995 will be deposited to the Construction Contractors Board LBP Activities Fund. (2) The board will use the monies in the Construction Contractors Board LBP Acti…

812-007-0031 License Cards (1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under OAR 812-007-0120, 812-007-0130, 812-007-0220, 812-007-0230, 812-007-0320 or 812-007-0330. (2) A license and pocket card is valid for …

812-007-0032 Mailing and E-mail Address Changes (1) Individuals licensed to engage in LBP activities, contractors licensed to engage in LBP activities and certified LBP renovation contractors shall notify the board of any change in mailing or e-mail addresses while licensed and f…

812-007-0100 Licenses Required for Lead-Based Paint Activities — Individuals No individual shall offer to perform or perform LBP activities in target housing or child-occupied facilities without first receiving certification from OHA and a license from the board, unless such indi…

812-007-0110 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Individuals (1) An individual applying for a license as a lead assessor must submit the following: (a) Completed application on a form provided by the board; (b) The fee established in …

812-007-0115 Temporary Authorization for Military Spouse – Lead Based Paint (LBP) Activities (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 Oreg…

812-007-0120 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Individuals (1) The effective date of the license will be the date the applicant meets all board requirements, including, but not limited to, the receipt of the fee required under OAR …

812-007-0130 Renewal of Lead-Based Paint Activity Licenses — Individuals Individuals licensed under these rules may renew their licenses by submitting the following: (1) A properly completed application for license renewal on a form provided by the board; (2) The fee established …

812-007-0150 Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses — Individuals (1) The board may deny, suspend, or revoke an individual’s license on the following grounds: (a) Obtaining OHA certification through misrepresentation of certification requirements s…

812-007-0160 Fees for Lead-Based Paint Activity Licenses — Individuals (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The following fees are established: (a) Lead assessor, $50/year. (b) Lead inspector, $50/year. (c) Lead supervisor, $5…

812-007-0200 Licenses Required for Lead-Based Paint Activities — Contractors (1) No contractor shall offer to perform or perform LBP abatement in target housing or child-occupied facilities without first receiving certification from OHA and a license from the board as a lead abat…

812-007-0205 Qualified Owner or Employee Required for Lead-Based Paint Activities — Contractors (1) A lead abatement contractor must, at all times, have at least one owner or employee who is a licensed lead supervisor. (2) A lead inspection contractor must, at all times, have at …

812-007-0210 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Contractors (1) A person applying for a license as a lead abatement contractor must submit the following: (a) Completed application on a form provided by the board; (b) Proof that the p…

812-007-0220 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Contractors (1) The effective date of the license will be the date the applicant meets all board requirements, including, but not limited to, the receipt of the fee required under OAR …

812-007-0230 Renewal of Lead-Based Paint Activity Licenses — Contractors Persons licensed under these rules may renew their licenses by submitting the following: (1) A properly completed application for license renewal on a form provided by the board; (2) Proof that the person is…

812-007-0250 Denial, Suspension or Revocation of License for Lead-Based Paint Activities — Contractors (1) The board may deny, suspend, or revoke a license of a lead abatement contractor or a lead inspection contractor on the following grounds: (a) Obtaining a license through inv…

812-007-0260 Fees for Lead-Based Paint Activity Licenses — Contractors (1) All license and renewal application fees are non-refundable and non-transferrable. (2) The following fees are established: (a) Lead abatement contractor, $50/year. (b) Lead inspection contractor, $50/year.…