Current through Register Vol. 63, No. 3, March 1, 2024
(1) Except for complaints initiated by wage
claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, a complaint
must be submitted on a complaint form provided by the agency. The agency may
require the use of the most recent revision of the complaint form.
(2) The complainant must submit the following
information on or with the complaint form required under section (1) of this
rule if applicable:
(a) The name, address and
telephone number of the complainant;
(b) The name, address, telephone number and
license number of the respondent;
(c) The amount, if known at the time the
complaint is filed, that the complainant alleges is due from the respondent
after crediting payments, offsets and counterclaims in favor of the licensee to
which the complainant agrees;
(d)
Identification of the type of complaint;
(e) The date on which the contract was
entered into;
(f) If the contract
was in writing, a copy of the contract, including all relevant attachments, if
any;
(g) The location of the work
at issue in the complaint, described by a postal address or other description
sufficient to locate the work site on a map and on the ground;
(h) The beginning and ending date of the work
or invoices;
(i) Payments, offsets
and counterclaims of the respondent, if known;
(j) Whether the project involves work on a
residential, small commercial or large commercial structure;
(k) A certification by the complainant that
the information provided on the complaint form is true;
(l) If a court judgment or judgment based on
an arbitration award is the basis for the complaint, a copy of the judgment,
arbitration award, the original complaint and any answers or counter-suits
related to the parties to the complaint filed in the court action or
arbitration;
(m) Documents
described in section (9) of this rule that are related to the pre-complaint
notice requirement in ORS
701.133.
(n) Additional information required under
sections (3) through (8) of this rule.
(3) A subcontractor complaint must include
copies of each original invoice relating to the complaint.
(4) Except for complaints initiated by wage
claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, an employee
complaint must include evidence that an employee worked for a contractor and
evidence of the amount of unpaid wages or benefits. Evidence may include:
(a) Time cards;
(b) Paycheck stubs;
(c) W-4 forms; or
(d) A sworn affidavit or written declaration
under perjury of a third-person stating facts that indicate the employee worked
for the contractor. A written declaration under perjury must contain the
following statement, "I hereby declare that the above statement is true to the
best of my knowledge and belief, and that I understand it is made for use as
evidence in court and is subject to penalty for perjury."
(5) An employee trust complaint must include
the name of each employee that is the subject of the complaint, the dates that
employee worked without payment of employee benefits and the following
information for each date and employee:
(a)
The hours worked without payment of employee benefits;
(b) The amount of the unpaid
benefits;
(c) The address of the
job site where the employee worked; and
(d) Whether the structure at the job site is
a residential structure, small commercial structure or large commercial
structure.
(6) A
construction lien complaint must include evidence that the complainant paid the
primary contractor, a copy of the notice of right to lien, a copy of the lien
bearing the county recorder's stamp and signature, a copy of each invoice or
billing constituting the basis of the lien, a copy of the ledger sheet or other
accounting of invoices from the lienor, if applicable, and any foreclosure
documents.
(7) A material complaint
must include recapitulation of the indebtedness showing the job site address,
the date of each invoice, each invoice number, each invoice amount and a copy
of each original invoice relating to the complaint.
(8) A complaint involving negligent or
improper work must include a list of the alleged negligent or improper work. A
complaint involving a breach of contract must describe the nature of the breach
of contract.
(9) Except for
complaints initiated by wage claims filed with BOLI pursuant to Oregon Laws
2019, chapter 444, a complaint must include one of the following:
(a) A copy of the pre-complaint notice
required under ORS 701.133 and of the certified or
registered mail receipt for the pre-complaint notice; or
(b) Written evidence that the respondent had
actual notice of the dispute that is the subject of the complaint at least 30
days before the complainant filed the complaint. The agency will only accept
evidence under this subsection (9)(b) if it is in one of the following forms:
(A) A return receipt signed by the respondent
indicating receipt of a notice of intent to file a complaint sent to the
respondent by the complainant; or
(B) A letter signed by the respondent
acknowledging receipt of a notice of intent to file a complaint.
(c) Written evidence that the
complainant and the respondent are parties to mediation, arbitration or a court
action arising from the same contract or issues that are the subject of the
complaint. The agency will only accept evidence under this subsection (9)(c) if
it is in one of the following forms:
(A)
Copies of a complaint or answer in the court action; or
(B) Copies of a document that initiated the
mediation or arbitration.
(d) Evidence that the complainant and the
respondent are parties to another complaint filed with the agency arising from
the same contract or issues that are the subject of the complaint.
(10) Except as provided in
subsections (9)(c) and (9)(d), the agency may not accept a statement by the
complainant alleging that the respondent had actual knowledge of the dispute as
written evidence required under section (9) of this rule.
(11) Except for complaints initiated by wage
claims filed with BOLI pursuant to Oregon Laws 2019, chapter 444, the completed
complaint form must be signed by the complainant or an agent of the
complainant.
(12) A complaint form
submitted to the agency that does not comply with the requirements of this rule
is subject to OAR 812-004-1350.
Statutory/Other Authority: ORS
670.310 & 701.235
Statutes/Other Implemented: ORS
701.131,
701.133,
701.139,
701.140,
701.143,
701.145 &
701.146
