Title 52, Occupations and Professions

(1) A construction contract may not include any provision, covenant or clause that: (a) Makes the construction contract subject to the laws of another state or that requires any litigation, arbitration or other dispute resolution proceeding arising from the construction contract …

ORS 701.620 to 701.640 do not apply to: (1) A contract for the construction, alteration, repair, maintenance, moving or demolition of a building that is subject to the Low-Rise Residential Dwelling Code; (2) A public contract under ORS 279.835 to 279.855 or ORS chapter 279A, 279B…

(1) Violation of ORS 701.021 is a Class A misdemeanor. (2) The intentional use of a contractor’s license number without the authorization of the licensed contractor is a Class A misdemeanor. (3) Use of a contractor’s license number, with or without the authorization of the licens…

(1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determ…

(1) A person who violates any provision of, or any rule adopted under, ORS 701.505 to 701.515 shall pay to the Construction Contractors Board Lead-Based Paint Activities Fund established under ORS 701.520 a civil penalty of not more than $5,000 for each violation. (2) Civil penal…

ORS 702.005 to 702.065, 702.991 and 702.994 shall be known and may be cited as the Revised Uniform Athlete Agents Act. [2017 c.113 §1]

As used in ORS 702.005 to 702.065, 702.200, 702.205, 702.991 and 702.994: (1) “Agency contract” means an agreement in which a student athlete authorizes a person to negotiate or solicit on behalf of the student athlete a professional sports services contract or an endorsement con…

(1) Except as otherwise provided in subsection (2) of this section, an individual may not act as an athlete agent in Oregon without holding a certificate of registration issued under this section or ORS 702.019. (2) Before being issued a certificate of registration, an individual…

(1) An applicant for registration as an athlete agent shall submit an application for registration to the Department of Education in a form prescribed by the department and, if requested by the department, shall allow the department to take fingerprints for the purpose of request…

The Department of Education may issue a temporary certificate of registration while an application for registration or renewal of registration is pending. [2005 c.525 §6]

(1) An application for registration or renewal of registration must be accompanied by a fee in the following amount: (a) $250 for an initial application for registration; (b) $150 for an application for registration based upon a certificate of registration or licensure issued by …

An athlete agent may not intentionally: (1) Initiate contact with a student athlete or, if the athlete is a minor, a parent or guardian of the athlete unless registered under ORS 702.005 to 702.065, 702.991 and 702.994; (2) Refuse or fail to retain or permit inspection of the rec…

(1) As used in this section, “communicating or attempting to communicate” means contacting or attempting to contact by an in-person meeting, a record or any other method that conveys or attempts to convey a message. (2) Before communicating or attempting to communicate with a stu…

(1) Except as otherwise provided in subsection (2) of this section, an athlete agent, with the intent to induce a student athlete or, if the athlete is a minor, a parent or guardian of the athlete to enter into an agency contract, may not take any of the following actions or enco…

(1) A written agency contract must be in a record, signed or otherwise authenticated by the parties. (2) A written agency contract must state or contain: (a) The amount and method of calculating the consideration to be paid by the student athlete for services to be provided by th…

(1) A student athlete or, if the athlete is a minor, the parent or guardian of the athlete may cancel an agency contract by giving notice of the cancellation to the athlete agent in a record within 14 days after entering into the agency contract. (2) The right of a student athlet…

(1) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director o…

(1) An educational institution or student athlete shall have a cause of action against an athlete agent for damages caused by a violation of ORS 702.005 to 702.065, 702.991 and 702.994. In an action under this section, the court may award to the prevailing party costs and reasona…

(1) An athlete agent shall retain the following records for a period of five years: (a) The name and address of each individual represented by the athlete agent; (b) Any agency contract entered into by the athlete agent; and (c) Any direct costs incurred by the athlete agent in t…

(1) By acting as an athlete agent in Oregon, a nonresident individual appoints the Department of Education as the individual’s agent for service of process in any civil action in Oregon related to the individual’s acting as an athlete agent in Oregon. (2) The department may issue…

The State Board of Education may adopt any rules necessary to carry out the provisions of ORS 702.005 to 702.065, 702.991 and 702.994. [1999 c.1079 §4a; 2005 c.525 §18]

In applying and construing ORS 702.005 to 702.065, 702.991 and 702.994, the courts, a prosecuting attorney as defined in ORS 646.605 and the Department of Education shall give consideration to the need to promote uniformity of the law with respect to its subject matter among stat…

(1) As used in this section: (a) “Athletic association, conference or organization with authority over intercollegiate sports” includes the National Collegiate Athletic Association. (b)(A) “Economic rights” means the rights of a student athlete enrolled in a post-secondary instit…

A person that produces an intercollegiate sports team jersey, video game or trading card for the purpose of making a profit shall make a royalty payment to each student athlete for use of the student athlete’s name, image, likeness or athletic reputation if the person uses the st…

(1) Violation of ORS 702.027 is a Class A misdemeanor. (2) An athlete agent who violates ORS 702.030 (1)(b) is guilty of a Class C felony. (3) Violation of the athlete agent’s 72-hour notice requirement provided under ORS 702.054 (1) is a Class C felony. (4) It is a Class A misde…

(1) The Department of Education may assess a civil penalty against an athlete agent not to exceed $25,000 for a violation of this section and ORS 702.005 to 702.065. (2) Civil penalties under subsection (1) of this section shall be imposed in the manner provided in ORS 183.745. (…

As used in ORS 703.010 to 703.310, unless the context requires otherwise: (1) “Board” means the Board on Public Safety Standards and Training. (2) “Department” means the Department of Public Safety Standards and Training. (3) “Director” means the director of the department. (4) “…

(1) It is the purpose of ORS 703.010 to 703.310 to regulate all persons who purport to be able to detect deception or to verify the truth of statements through the use of instrumentation or mechanical devices, including but not limited to lie detectors, polygraphs and deceptograp…

No person, including persons employed by a state agency or public body in this state, may engage in conducting polygraph examinations, refer to that person as a polygraph examiner or offer or advertise services as a polygraph examiner unless that person is licensed under ORS 703.…

There shall be two types of polygraph examiner licenses: (1) The trainee license permits the holder to engage in an internship. (2) The general license permits the holder to administer specific issue examinations. [1975 c.608 §6]

(1) Applications for initial renewal or replacement licenses as polygraph examiners or trainees under ORS 703.010 to 703.310 shall be submitted in writing and under oath to the Department of Public Safety Standards and Training, accompanied by the proper fee therefor specified in…

(1) To become a trainee an applicant must satisfy ORS 703.090 (1)(a) to (d) and: (a) Have graduated from a polygraph examiners course approved by the Department of Public Safety Standards and Training; or (b) Provide documentation of military experience or training that the depar…

(1) All of the following requirements apply to an applicant for a license as a general polygraph examiner. The applicant must: (a) Be at least 18 years of age. (b) Be a citizen of the United States. (c) Not have demonstrated, in the preceding 10 years, a course of behavior that i…

(1) Each polygraph examiner’s license issued by the Department of Public Safety Standards and Training under ORS 703.010 to 703.310 shall be issued for a period of one year. The department may renew the license of a polygraph examiner, unless such license has been suspended or re…

The following fees shall be charged by the Department of Public Safety Standards and Training in carrying out ORS 703.010 to 703.310: (1) The fee of $50 for the issuance of each original license as a general polygraph examiner. (2) The fee of $50 for the annual renewal of a licen…

(1) The Department of Public Safety Standards and Training may license a person who is not a resident of this state as a polygraph examiner as otherwise provided under ORS 703.010 to 703.310. However, any such person must include with the application for a license or renewal ther…

The Department of Public Safety Standards and Training may grant a license as a polygraph examiner in this state to a person who is licensed as a polygraph examiner by another state or territory of the United States, without examination, upon application by such person in the man…

(1) A polygraph examiner shall display prominently the license of the polygraph examiner at the place of business or employment of the polygraph examiner and a trainee shall display prominently the license of the trainee at the place of internship of the trainee. (2) A polygraph …

(1) The Department of Public Safety Standards and Training may issue licenses for polygraph examiners and trainees in accordance with ORS 703.010 to 703.310. (2) The department shall prescribe the manner and contents of any examination conducted by it under ORS 703.010 to 703.310…

The Department of Public Safety Standards and Training may refuse to issue, or may revoke or suspend the license of any person as a polygraph examiner or trainee, if it finds that the person: (1) Failed to inform an individual being examined as to the nature of the examination or…

Upon receipt of written notification of the suspension or revocation by the Department of Public Safety Standards and Training of the license of a polygraph examiner or trainee, a polygraph examiner or trainee shall surrender immediately the license to the department. The departm…

(1) The Department of Public Safety Standards and Training shall conduct all proceedings under ORS 703.010 to 703.310 in accordance with ORS chapter 183. Judicial review of an action of the department shall be provided in ORS 183.480, 183.485, 183.490 and 183.500. (2) The Board o…

All fees, moneys or other revenues received or collected by the Department of Public Safety Standards and Training under ORS 703.010 to 703.310 shall be deposited in the Police Standards and Training Account. [1975 c.608 §27; 1997 c.853 §58] (Miscellaneous)

No person may bring or maintain an action in any court in this state for the recovery of compensation for services performed as a polygraph examiner or upon a contract for any such services unless such person was licensed under ORS 703.010 to 703.310 as a polygraph examiner at th…

(1) All instruments or mechanical devices that are used by polygraph examiners to test or question an individual for the purpose of detecting deception or of verifying the truth of statements made by the individual shall record visually, permanently and simultaneously the cardiov…

ORS 703.010 to 703.310 shall be known and may be cited as the Polygraph Examiners Act. [Formerly 703.020] TRUTH VERIFICATION AND DECEPTION DETECTION BY POLICE OFFICERS

A police officer, as defined in ORS 243.005, may use an instrument or mechanical device that does not comply with the minimum requirements under ORS 703.310 (1) to test or question an individual for the purpose of detecting deception or verifying the truth of statements made by t…

As used in ORS 703.401 to 703.490, 703.993 and 703.995, unless the context otherwise requires: (1) “Client” means a person who engages an investigator, firm, partnership, corporation or other entity for the purpose of conducting lawful activity on the person’s behalf. (2) “Invest…

A person may not act as an investigator or represent that the person is an investigator unless that person is licensed under ORS 703.430. [1997 c.870 §2; 2001 c.838 §2]

The licensing requirement of ORS 703.405 does not apply to a person while the person is: (1) Providing testimony in a court as an expert under ORS 40.410; or (2) Conducting investigations or reviews or engaging in other activities in preparation for providing testimony in a court…