(1) As used in this section, ‘construction contractor license’ means a license issued within the United States to engage in the business of construction contracting.

Terms Used In Oregon Statutes 701.102

  • Board: means the Construction Contractors Board. See Oregon Statutes 701.005
  • Construction debt: means an amount owed:

    (a) Under an order or arbitration award issued by the board that has become final by operation of law;

    (b) Under a judgment, arbitration award or civil penalty that has become final by operation of law arising from construction activities within the United States;

    (c) Under a judgment or civil penalty that has become final by operation of law arising from a failure to comply with ORS § 656. 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

  • Officer: means any of the following persons:

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

  • Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
  • 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

(2) The Construction Contractors Board may revoke, suspend or refuse to issue a license required under this chapter to a business if:

(a) The business owes a construction debt or has had a construction contractor license revoked or suspended;

(b) An owner, officer or responsible managing individual of the business owes a construction debt or has had a construction contractor license revoked or suspended;

(c) An owner, officer or responsible managing individual of the business was an owner, officer or responsible managing individual of another business at the time the other business incurred a construction debt that is owing or at the time of an event that resulted in the revocation or suspension of the other business’s construction contractor license; or

(d) The board determines that an owner, officer or responsible managing individual of the business is not fit for licensure, based upon information submitted to the board under ORS § 701.046, submitted in a registration of securities described in ORS § 701.046 (2) or discovered by a board investigation under ORS § 701.225.

(3) The board may place a contractor on probation if a total of three or more complaints are filed with the board under ORS § 701.139 within a 12-month period against the contractor or a former licensed construction contracting business in which the contractor held at least a 10 percent ownership interest, measured as determined by board rule. A contractor may not be placed on probation unless the board determines after investigation that it is likely that the contractor has caused harm to the complainants. The board may require a contractor that is placed on probation to develop a corrective action plan, to attend specific classes and to resolve outstanding complaints. The board may require a contractor that is placed on probation to take training and pass a test, both as described in ORS § 701.122. The board shall take action to terminate the contractor’s license if the contractor is unwilling or unable to comply with the conditions of probation.

(4) The board may use the notification of a final order received under ORS § 652.333 for purposes of determining whether to:

(a) Revoke, suspend or refuse to issue a license to a business or an owner, officer or responsible managing individual of the business that failed to pay the amounts due pursuant to the final order;

(b) Notwithstanding the conditions specified for probation in subsection (3) of this section, place a contractor on probation as provided in subsection (3) of this section; and

(c) Require a contractor to pay a higher amount to obtain a surety bond as required by a board condition or rule under ORS § 701.068 (5) or (6). [Formerly 701.137; 1999 c.344 § 8; 1999 c.402 § 23a; 2001 c.924 § 27; 2005 c.432 § 10; 2007 c.648 § 27; 2007 c.793 § 8; 2009 c.226 § 6; 2019 c.444 § 5]

 

[2001 c.850 § 2; 2007 c.793 § 9; renumbered 701.112 in 2007]

 

[1971 c.740 § 12; 1975 c.383 § 5; 1979 c.312 § 3; 1983 c.616 § 11; 1989 c.624 § 4; 1989 c.928 § 12; 1991 c.181 § 6; 1999 c.325 § 4; 1999 c.402 § 24a; 2001 c.196 § 7; 2003 c.675 § 75; 2003 c.766 1,2; 2007 c.648 19,20; 2007 c.836 23,24; renumbered 701.073 in 2007]

 

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