(1) Except as provided in subsection (2) of this section, an applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application must include, but is not limited to, the following information:

Terms Used In Oregon Statutes 701.046

  • Board: means the Construction Contractors Board. See Oregon Statutes 701.005
  • Commercial developer: means a developer of property that is zoned for or intended for use compatible with a small commercial or large commercial structure. See Oregon Statutes 701.005
  • Contractor: means any of the following:

    (a) A person that, for compensation or with the intent to sell, arranges or undertakes or offers to undertake or submits a bid to construct, alter, repair, add to, subtract from, improve, inspect, move, wreck or demolish, for another, a building, highway, road, railroad, excavation or other structure, project, development or improvement attached to real estate, or to do any part thereof. See Oregon Statutes 701.005

  • Conviction: A judgement of guilt against a criminal defendant.
  • Corporation: A legal entity owned by the holders of shares of stock that have been issued, and that can own, receive, and transfer property, and carry on business in its own name.
  • Indictment: The formal charge issued by a grand jury stating that there is enough evidence that the defendant committed the crime to justify having a trial; it is used primarily for felonies.
  • Officer: means any of the following persons:

    (a) A president, vice president, secretary, treasurer or director of a corporation. See Oregon Statutes 701.005

  • Partnership: A voluntary contract between two or more persons to pool some or all of their assets into a business, with the agreement that there will be a proportional sharing of profits and losses.
  • Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
  • public body: means state government bodies, local government bodies and special government bodies. See Oregon Statutes 174.109
  • Responsible managing individual: means an individual who:

    (a) Is an owner described in ORS § 701. See Oregon Statutes 701.005

  • United States: includes territories, outlying possessions and the District of Columbia. See Oregon Statutes 174.100

(a) The endorsement being sought.

(b) A list of construction debts involving the applicant, or an owner or officer of the applicant, if the order, award, penalty or judgment that establishes the debt was issued within the preceding five years.

(c) For each person described in paragraphs (h), (i) and (j) of this subsection, a Social Security number.

(d) The applicant’s workers’ compensation insurance account number, if the applicant is required to have workers’ compensation insurance.

(e) The applicant’s unemployment insurance account number, if the applicant is required to have unemployment insurance.

(f) The applicant’s state withholding tax account number, if the applicant is required to withhold state income tax.

(g) The applicant’s federal employer identification number, if the applicant is required to have a federal employer identification number.

(h) The name and address of:

(A) Each of the applicant’s partners, if the applicant is a partnership, limited liability partnership or foreign limited liability partnership.

(B) The applicant’s general partner, if the applicant is a limited partnership.

(C) Each joint venturer, if the applicant is a joint venture.

(D) The applicant’s owner, if the applicant is a sole proprietorship.

(E) The applicant’s officers, if the applicant is a corporation.

(F) The applicant’s manager and each member, if the applicant is a manager-managed limited liability company.

(G) Each of the applicant’s members, if the applicant is a member-managed limited liability company.

(H) The responsible managing individual designated by the applicant.

(I) Each of the applicant’s trustees, if the applicant is a trust.

(i) The name and address of the following if the applicant is a partnership, limited liability partnership, foreign limited liability partnership, joint venture, manager-managed limited liability company or member-managed limited liability company:

(A) Each partner in a partnership, limited liability partnership or foreign limited liability partnership that is a partner, joint venturer or member of the applicant.

(B) Each general partner in a limited partnership that is a partner, joint venturer or member of the applicant.

(C) Each joint venturer in a joint venture that is a partner, joint venturer or member of the applicant.

(D) The manager and each member of a manager-managed limited liability company that is a partner, joint venturer or member of the applicant.

(E) Each member of a member-managed limited liability company that is a partner, joint venturer or member of the applicant.

(F) Each officer of a corporation that is a partner, joint venturer or member of the applicant.

(G) Each individual who has a controlling ownership interest in, or management authority over, the applicant and who meets criteria adopted by the board by rule.

(j) The name and address of the following if the applicant is a limited partnership:

(A) Each partner of any partnership, limited liability partnership or foreign limited liability partnership that is the general partner of the applicant.

(B) Each general partner of any limited partnership that is the general partner of the applicant.

(C) Each joint venturer in any joint venture that is the general partner of the applicant.

(D) The manager and each member of any manager-managed limited liability company that is the general partner of the applicant.

(E) Each member of any member-managed limited liability company that is the general partner of the applicant.

(F) Each officer of any corporation that is the general partner of the applicant.

(k) For each person described in paragraphs (h), (i) and (j) of this subsection, information as required by board rule regarding the following if related to construction activities:

(A) A final judgment against the person by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body if the judgment remains unsatisfied on the application date.

(B) A final order against the person by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or to a public body if the order remains unsatisfied on the application date.

(C) A court action against the person in any state pending on the application date that alleges the person owes money to another person or to a public body.

(D) An action by an administrative agency in any state pending on the application date that seeks an order that the person pay money to another person or to a public body.

(E) A conviction for a crime listed in ORS § 701.098 (1)(L) entered within five years preceding the application date.

(F) An indictment for a crime listed in ORS § 701.098 (1)(L) filed within five years preceding the application date.

(L) The basis on which the applicant meets the standards for independent contractor status under ORS § 670.600.

(2) Subsection (1)(h), (i) and (j) of this section does not apply if the applicant is a company that offers securities registered with the United States Securities and Exchange Commission for sale to the general public.

(3) The application described in subsection (1) of this section must be accompanied by proof satisfactory to the board that the applicant:

(a) Is in compliance with ORS § 701.091.

(b) Has the legal capacity to enter into contracts.

(4) Subsection (3)(a) of this section does not apply to an applicant for licensing with endorsement solely as a residential or commercial developer.

(5) An applicant shall conform to the information provided by the applicant on the application and to the terms of the application. [Formerly 701.075; 2009 c.11 90,91; 2009 c.226 § 3; 2013 c.300 § 1; 2023 c.277 § 3]