Oregon Administrative Rules
Chapter 812 - CONSTRUCTION CONTRACTORS BOARD
Division 2 - DEFINITIONS
Section 812-002-0260 - Dishonest or Fraudulent Conduct
Current through Register Vol. 64, No. 3, March 1, 2025
"Dishonest or fraudulent conduct", as used in ORS 701.098(1)(L) and (4)(a)(D) includes, but is not limited to, the following:
(1) Acting in a manner that, because of a wrongful or fraudulent act by the applicant or licensee, has resulted in injury or damage to another person; or
(2) Failing to pay monies when due for materials or services rendered in connection with the applicant's or licensee's operations as a contractor when the applicant or licensee has received sufficient funds as payment for the particular construction work project or operation for which the services or materials were rendered or purchased; or
(3) Accepting payment in advance on a contract or agreement and failing to perform the work or provide services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or
(4) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or
(5) Submitting a license application that includes false or misleading information; or
(6) Submitting a false gross business volume certification in order to qualify for a reduced bond amount as set forth in OAR 812-003-0280; or
(7) Failing to pay minimum wages or overtime wages as required under state or federal law; or
(8) Failing to comply with the state Prevailing Wage Rate Law, ORS 279C.800 to 279C.870; or
(9) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance.
(10) Failing to pay wages as determined by the Bureau of Labor & Industries, Wage and Hour Division.
(11) Failing to timely pay a civil penalty or fine imposed by a unit of local, state, or federal government.
(12) Presenting for payment to the Board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account.
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS 701.098