Current through Register Vol. 64, No. 3, March 1, 2025
(1) In
considering whether to revoke, suspend, or refuse to issue a license pursuant
to ORS 701.098(1)(i)(A)-(I),
the agency shall consider whether the applicant's or licensee's criminal
conduct is substantially related to the fitness and ability of the applicant or
licensee to engage in construction contracting.
(a) Fitness to engage in construction
contracting includes, but is not limited to the ability to:
(A) Refrain from violent, threatening,
intimidating or sexually predatory behavior;
(B) Refrain from dishonest or fraudulent
conduct; or
(C) Be financially
responsible.
(b) Factors
to be considered in denying or refusing to issue or renew a license include,
but are not limited to, the date of the offense and the circumstances of the
crime. In addition, factors relating to rehabilitation, or lack thereof, as
evidenced by intervening events include, but are not limited to: failure to
complete the criminal sentence, including probation or parole; failure to
complete court ordered treatment; or failure to pay court ordered
restitution.
(c) Upon notice and
request from the Board, it will be the duty of an applicant or licensee to
provide the requested information in order for the Board to conduct a criminal
background check as authorized by 701.098(1)(i)(A)-(I). Requested information
includes but is not limited to police reports, record of conviction, parole or
probation reports, restitution records, counseling reports, and letters of
recommendation.
(d) Failure to
provide requested information in (1)(c) of this section may result in the
denial of a license.
(2)
The agency may revoke, suspend, or refuse to issue a license if the applicant,
licensee, or an owner, officer or responsible managing individual of the
applicant or licensee demonstrates a lack of financial responsibility pursuant
to ORS 701.098(2) and
701.102(2)(d).
(a) Lack of financial responsibility is
evidenced by failure to pay a final order, arbitration award or determination
of the board, issued under ORS
701.145 or
701.146, where the final order,
arbitration award or determination, either alone or combined with any other
unpaid final order, arbitration award or determination, exceeds the amount of
the applicable bond and the final order, arbitration award or determination was
issued against:
(i) The applicant or licensee;
or
(ii) A business in which the
owner, officer or responsible managing individual of the applicant or licensee
is, or was, an owner, officer or responsible managing individual during the
work period in which the business' obligation giving rise to the final order,
arbitration award or determination arose or was incurred.
(iii) As used in subsection (a) of this rule,
"officer" includes any person listed in ORS
701.005(11) or
OAR 812-002-0533.
(b) Lack of financial
responsibility is evidenced by failure to pay a civil penalty final order of
the Director, Department of Consumer and Business Services, issued under ORS
654.086.
(c) Lack of financial responsibility is
evidenced by failure to pay a judgment or civil penalty arising from
construction activities within the United States, regardless of the fact that
the judgment of civil penalty has not yet become final by operation of
law.
(3) Pursuant to ORS
701.098(2), the
agency may revoke, suspend, or refuse to issue a license if a contractor
engages in conduct that harms a consumer by:
(a) Arranging for or undertaking work as a
contractor that:
(A) Is performed in a manner
not in accordance with state building codes or accepted building standards
demonstrating negligent or improper work;
(B) The work causes damage to the consumer or
to the consumer's property; and
(C)
The work is significantly substandard or is part of a pattern of substandard
work performed by the contractor.
(4) Pursuant to ORS
701.098(2), the
agency may revoke, suspend, or refuse to issue a license if the Director,
Department of Consumer and Business Services, by final order, sanctions a
contractor under OAR 437-001-0160 and
437-001-0165 for a fifth or
subsequent repeat violation of any statute, regulation, rule, standard or order
relating to the Oregon Safe Employment Act.
(5) Pursuant to ORS
701.098(2), the
agency may revoke, suspend, or refuse to issue a license if the Director,
Department of Consumer and Business Services, by final order, sanctions a
contractor under OAR 437-001-0175 for a willful or
egregious violation of any statute, regulation, rule, standard or order
relating to the Oregon Safe Employment Act.
Statutory/Other Authority: ORS
670.310 &
701.235
Statutes/Other Implemented: ORS
701.098 &
701.102
