(1) As used in this section, ‘relative’ means an individual related within the third degree as determined by the common law, a spouse, an individual related to a spouse within the third degree as determined by the common law or an individual in an adoptive relationship within the third degree as determined by the common law.

(2) Subject to ORS Chapter 183, a regulatory body listed in subsection (3) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

(e) Has advertised or otherwise held out as being a licensed, certified or registered specialty code contractor without holding the appropriate specialty code contractor license, certificate or registration.

(f) As a partner, officer, member or employee of a business, has advertised or held out that the business is a licensed, certified or registered specialty code contractor if the business does not possess the appropriate specialty code contractor license, certificate or registration.

(g) Has engaged in business as a specialty code contractor without holding a valid specialty code contractor license, certificate or registration required for the business.

(h) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

(i) Has acted in a manner creating a serious danger to the public health or safety.

(j) Has performed work or operated equipment within the scope of a specialty code license, certificate or registration in a manner that violates an applicable minimum safety standard or a statute or rule regarding safety.

(k) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

(L) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

(m) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS § 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS Chapter 447, 460 or 693, violated any statute or rule related to the state building code.

(n) Has performed a code inspection or plan review on a project to construct, alter, repair or make an installation in a structure if the inspector or reviewer, or an employer or relative of the inspector or reviewer, has a financial interest in or business affiliation with the project or structure.

(o) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS § 455.895 or has been the subject of action against the license, certificate or registration by the Department of Consumer and Business Services, the director or an appropriate advisory board.

(p) Is a business, owner or officer of a reorganized business entity as defined in ORS § 657.682, if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the reorganized business entity is a member-managed limited liability company, has been subject to a revocation or suspension order or to a condition or civil penalty under ORS § 446.003 to 446.200, 446.225 to 446.285, 446.395 to 446.420, 479.510 to 479.945, 479.950 or 480.510 to 480.670 or this chapter or ORS Chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit requirements or construction-related licensing violations.

(q) Is ordered to pay damages under a judgment or arbitration award that relates to construction and that has become final by operation of law or on appeal.

(r) Is a business, the owner or an officer of which was an owner or officer in another business at the time:

(A) The other business was assessed a civil penalty under ORS § 455.895 that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate or registration of the other business by the department, the director or any advisory board.

(3) Subsection (2) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS § 447.010 to 447.156 or ORS Chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS § 479.510 to 479.945.

(c) The Board of Boiler Rules for purposes of licenses issued under ORS § 480.510 to 480.670.

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses issued under ORS § 460.005 to 460.175.

(f) The department, subject to Residential and Manufactured Structures Board approval, for purposes of licenses, certificates and registrations issued under ORS § 446.003 to 446.200, 446.225 to 446.285 and 446.395 to 446.420.

(4) The department may administer and enforce subsection (2) of this section in the same manner and to the same extent as any advisory board. [2005 c.758 § 4; 2007 c.306 § 2; 2009 c.567 § 34; 2013 c.324 § 8; 2017 c.364 § 4]

455.129 was added to and made a part of ORS Chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

[Formerly 456.780; 1989 c.224 § 118; repealed by 1993 c.744 § 41]

(Particular Boards)