2018

OREGON ADMINISTRATIVE
RULES COMPILATION

CHAPTER 812
Construction Contractors Board

Published By
DENNIS RICHARDSON
Secretary of State

Copyright 2018 Office of the Secretary of State

Rules effective as of January 01, 2018

DIVISION 1
ADMINISTRATION
812-001-0030 Ethics Policy
812-001-0051 Rules of Procedure for Board Meetings
812-001-0100 Notice of Proposed Rule
812-001-0110 Temporary Rule
812-001-0120 Uniform and Model Rules
812-001-0130 Disposal of Large Objects Submitted as Exhibits
812-001-0135 Receipt Date of Documents
812-001-0140 Response Time to Notices
812-001-0160 Requests for Information; Charges for Records
812-001-0180 Refunds; NSF Check Charge
812-001-0200 Consumer Notices Adoption
812-001-0220 Unpaid Court Judgment Form Adoption
812-001-0500 Confidentiality and Inadmissibility of Mediation Communications
812-001-0510 Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

DIVISION 2
DEFINITIONS
812-002-0001 Applicant
812-002-0002 Application of Definitions
812-002-0011 Administrative Law Judge
812-002-0020 Agency
812-002-0035 Appeal Committee
812-002-0040 Appurtenance
812-002-0060 Bid
812-002-0080 Board
812-002-0100 Building Trades or Crafts
812-002-0120 Casual, Minor or Inconsequential
812-002-0140 Complaint
812-002-0143 Complainant
812-002-0160 Construction Management
812-002-0170 Contractor
812-002-0180 Contractor Became Aware of the Requirement
812-002-0190 Court, Arbitrator or Other Entity
812-002-0200 Date the Contractor Becomes Aware of a Lapse in License
812-002-0220 Date Contractor Incurred Indebtedness
812-002-0230 Days
812-002-0250 Direct Contractual Relationship
812-002-0260 Dishonest or Fraudulent Conduct
812-002-0262 Engaged in the Commercial Harvest of Forest Products
812-002-0265 Exercises Management or Supervisory Authority Over the Construction Activities of the Business
812-002-0275 Family Members
812-002-0280 For Compensation or With the Intent to Sell
812-002-0300 Gardener
812-002-0320 General Contractor
812-002-0325 Good Cause

Page 2 of 167
812-002-0345 Hours of Training
812-002-0350 Individual
812-002-0360 Inspect
812-002-0380 Insurance
812-002-0390 Key Employee
812-002-0400 Labor
812-002-0420 Lapse in License
812-002-0430 Large Commercial Structure
812-002-0440 Last-Known Address of Record
812-002-0443 Legal Capacity to Enter into Contracts
812-002-0450 Licensee
812-002-0460 Monetary Damages
812-002-0480 Nature or Complexity
812-002-0500 Nurseryman
812-002-0520 Occupancy
812-002-0530 Office of Administrative Hearings
812-002-0533 Officer
812-002-0537 Owner
812-002-0540 Owner of a Structure
812-002-0580 Person
812-002-0600 Primary Contractor
812-002-0620 Registrant
812-002-0630 Reinstate
812-002-0635 Reissue
812-002-0640 Renewal
812-002-0660 Residential Structure
812-002-0670 Respondent
812-002-0673 Signed by Respondent
812-002-0675 Small Commercial Structure
812-002-0677 Specialty Contractor
812-002-0680 Speculative
812-002-0700 Structure
812-002-0720 Subcontractor
812-002-0740 Substantial Completion
812-002-0760 Work as a Contractor Includes
812-002-0780 Work as a Contractor Does Not Include
812-002-0800 Work Period

DIVISION 3
LICENSING
812-003-0100 Licensing Generally

812-003-0110 Standards of Behavior

812-003-0120 License Required to Advertise
812-003-0131 License Endorsements
812-003-0142 License Application Fees
812-003-0152 Residential Bonds Generally

Page 3 of 167
812-003-0153 Commercial Bonds Generally

812-003-0154 Construction Flagger Bonds

812-003-0155 Letters of Credit or Cash Deposits, Generally
812-003-0160 Entity Name Required on Bond, Letter of Credit or Cash Deposit
812-003-0171 Bond, Letter of Credit or Cash Deposit
812-003-0175 Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity
812-003-0180 Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit
812-003-0190 New Bond, Letter of Credit or Cash Deposit Required for Change in Entity
812-003-0200 Insurance Generally
812-003-0210 Entity Name Required on Insurance Certification
812-003-0221 Insurance Amounts
812-003-0230 Effective and Cancellation Dates of the Insurance
812-003-0240 Independent Contractor
812-003-0250 Exempt and Nonexempt Class of Independent Contractor Licenses
812-003-0260 Application for New License

812-003-0270 Effective Dates of New License

812-003-0280 Renewal and Reissue of License
812-003-0290 License Renewal, Reissue, New Issue; Effective Dates; Term
812-003-0300 Consequence of Lapse in License
812-003-0310 License Cards
812-003-0320 Record Changes
812-003-0321 Notification of Change of Independent Contractor Status
812-003-0325 Change of Corporate Officer, LLC Manager, LLC Member, Trustee
812-003-0330 Inactive Status Generally
812-003-0340 Inactive Status Request at Renewal
812-003-0350 Inactive Status Request at Interim Renewal Period
812-003-0360 Inactive Status Request after Lapse
812-003-0370 Renewal of Inactive Status
812-003-0380 Converting From Inactive Back to Active Status
812-003-0390 Revocation or Suspension of License
812-003-0400 Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint
812-003-0410 Social Security Number
812-003-0420 Davis Bacon Act
812-003-0430 Time Period for Perfecting a Lien or Complaint
812-003-0440 Notification of Conviction of a Crime

DIVISION 4
COMPLAINTS
812-004-1001 Application of Rules
812-004-1110 Complaint Processing Fee; Waiver of Fee
812-004-1120 Liability of Licensee
812-004-1140 Liability of Contractor for Complaint Related to Contractor’s Property
812-004-1160 Establishment of Co-Complainant
812-004-1180 Complainant’s Responsibility to Pursue Complaint

Page 4 of 167
812-004-1195 Exhibits
812-004-1210 Address of Complainant and Respondent
812-004-1240 Exhaustion of Surety Bond, Letter of Credit or Cash Deposit
812-004-1250 Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs
812-004-1260 Closing a Complaint
812-004-1300 Filing Date of Complaint
812-004-1320 Jurisdictional Requirements
812-004-1340 Form of Complaints, Pre-Complaint Notice
812-004-1350 Procedure if Information on Complaint Form is Incomplete
812-004-1360 Addition of Complaint Items at On-Site Meeting
812-004-1400 Initial Administrative Processing of Complaints; Collection of Fee
812-004-1420 Processing Owner and Primary Contractor Complaints Together
812-004-1440 Contracts With Arbitration Agreements
812-004-1450 On-site Meeting and Telephone Mediation; Attendance of the Complainant
812-004-1460 Agency Recommendation of Resolution
812-004-1480 Resolution by Settlement and Construction of Settlement Agreement
812-004-1490 Subsequent On-Site Meetings; Determining Compliance; Closing Complaint
812-004-1500 Closure of Complaint After Settlement
812-004-1505 Complaint Not Settled
812-004-1510 Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders
812-004-1520 Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders
812-004-1530 Construction Lien Complaints
812-004-1537 Standards of Care and Workmanship
812-004-1600 Payment From Surety Bond, Letter of Credit or Cash Deposit

DIVISION 5
ENFORCEMENT
812-005-0100 Notice of Intent to Take Action
812-005-0110 Hearing Request
812-005-0120 Default Orders
812-005-0130 Hearing
812-005-0140 Emergency Suspension
812-005-0150 Collection
812-005-0160 Failure to Pay a Civil Penalty
812-005-0170 Status of Backdated License
812-005-0180 Suspension of Civil Penalty
812-005-0200 Unpaid Final Orders, Arbitration Awards or Determinations that Exceed the Contractor’s Bond, Letter
of Credit or Cash Deposit
812-005-0210 Conditions to Require an Increased Bond, Letter of Credit or Cash Deposit
812-005-0250 Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement
812-005-0270 Duty to Submit Evidence of Management or Supervisory Authority
812-005-0280 Fitness Standards
812-005-0500 Form of Complaint Regarding Public Contracts
812-005-0800 Schedule of Penalties

DIVISION 6

Page 5 of 167
RESPONSIBLE MANAGING INDIVIDUAL,PRE-LICENSURE TRAINING, AND TESTING
812-006-0100 Responsible Managing Individual

812-006-0110 Temporary Responsible Managing Individual

812-006-0150 Pre-Licensure Training Requirements
812-006-0160 Pre-Licensure Training Requirements for NASCLA Accredited Examination for Commercial General
Building Contractors
812-006-0200 Pre-Licensure Training Provider Approval
812-006-0205 Surety Bond to Assure Performance of Agency Agreements
812-006-0250 Pre-Licensure Training Subjects
812-006-0300 Pre-Licensure Testing Requirements

812-006-0310 Pre-Licensure Testing Based on NASCLA Accredited Examination for Commercial General Building
Contractors
812-006-0350 Pre-Licensure Testing Subversion
812-006-0400 Pre-Licensure Training and Testing Period
812-006-0450 Pre-Licensure Experience

DIVISION 7
LICENSING OF INDIVIDUALS AND FIRMSENGAGED IN LEAD-BASED PAINT ACTIVITY
812-007-0000 Authority, Purpose, Scope
812-007-0015 Federal Regulations Adopted by Reference
812-007-0020 Definitions
812-007-0025 Construction Contractors Board Lead-Based Paint Activities Fund
812-007-0031 License Cards
812-007-0032 Mailing and E-mail Address Changes
812-007-0100 Licenses Required for Lead-Based Paint Activities — Individuals
812-007-0110 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Individuals
812-007-0120 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Individuals
812-007-0130 Renewal of Lead-Based Paint Activity Licenses — Individuals
812-007-0150 Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses — Individuals
812-007-0160 Fees for Lead-Based Paint Activity Licenses — Individuals
812-007-0200 Licenses Required for Lead-Based Paint Activities — Contractors
812-007-0205 Qualified Owner or Employee Required for Lead-Based Paint Activities — Contractors
812-007-0210 Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Contractors
812-007-0220 Effective Dates of New License and License Term for Lead-Based Activity Licenses — Contractors
812-007-0230 Renewal of Lead-Based Paint Activity Licenses — Contractors
812-007-0250 Denial, Suspension or Revocation of License for Lead-Based Paint Activities — Contractors
812-007-0260 Fees for Lead-Based Paint Activity Licenses — Contractors
812-007-0300 License Required for Lead-Based Paint Renovation
812-007-0310 Application and Eligibility Requirements for Certified Lead-Based Paint Renovation Contractor
812-007-0320 Effective Dates of New License and License Term for Certified Lead-Based Paint Renovation
Contractor License
812-007-0323 License Surrender
812-007-0330 Renewal of Certified Lead-Based Paint Renovation Contractor License
812-007-0350 Denial, Suspension or Revocation of Certified Lead-Based Paint Renovation Contractor License
812-007-0360 Fees for Certified Lead-Based Paint Renovation Contractor Licenses

Page 6 of 167
DIVISION 8
CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS
812-008-0000 Authority, Purpose, Scope
812-008-0020 Definitions
812-008-0030 Certification and License Required
812-008-0040 Application Requirements and Eligibility Requirements
812-008-0050 Examination Requirements
812-008-0060 Certification Issuance
812-008-0065 Mailing and E-mail Address Changes
812-008-0070 Requirements for Renewal of Certification
812-008-0072 Approved Continuing Education Units
812-008-0074 Approved Course Subjects and Education Providers
812-008-0076 Certification Renewal Term, Effective Date
812-008-0077 Certification Cards
812-008-0090 Revocation of Certification
812-008-0110 Prescribed Fees
812-008-0200 Standards of Behavior and Standards of Practice
812-008-0201 Standards of Behavior
812-008-0202 Contracts and Reports
812-008-0203 General Limitations
812-008-0204 General Exclusions
812-008-0205 Structural Components
812-008-0206 Exterior and Site
812-008-0207 Roofing
812-008-0208 Plumbing
812-008-0209 Electrical
812-008-0210 Heating
812-008-0211 Central Air Conditioning
812-008-0212 Interiors
812-008-0213 Insulation and Ventilation
812-008-0214 Built-in Kitchen Appliances

DIVISION 9
CONTESTED CASE HEARINGSAND APPEAL COMMITTEE
812-009-0010 Application of Rules
812-009-0020 Amendment to Statement of Damages
812-009-0050 Providing Required Information to Parties
812-009-0060 Hearing Postponement
812-009-0070 Suspending Processing
812-009-0085 Filing of Documents
812-009-0090 Discovery and Subpoenas
812-009-0100 Burden of Proof and Failure to Meet Burden
812-009-0120 Determination of Validity of Complaint
812-009-0140 Failure to Appear
812-009-0160 Order Based on Hearing, Limitation on Order
812-009-0185 Amended Proposed Order or Final Order after Hearing

Page 7 of 167
812-009-0200 Final Order Without a Proposed Order
812-009-0220 Petition for Reconsideration or Rehearing; Request for Stay
812-009-0300 Hearing Notice and Limitation on Final Civil Penalty Order
812-009-0320 Entry of Agency Evidence
812-009-0340 Agency Representation by Officer or Employee
812-009-0350 Amended Proposed Order or Final Order after Hearing
812-009-0400 Exceptions to Agency Orders, Dispute Resolution Complaints
812-009-0420 Exceptions to Agency Orders, Enforcement
812-009-0430 Form of Exceptions to Agency Order in a Complaint
812-009-0435 Rescheduling of Exceptions Before the Appeal Committee
812-009-0440 Appeal Committee Meeting

DIVISION 10
CCB ARBITRATION BY THE BOARD
812-010-0020 Applicability of Rules; Application of ORS 36.600–36.740
812-010-0030 Incorporation of Office of Administrative Hearings Rules
812-010-0040 Arbitration of Disputes Outside Jurisdictional Requirements
812-010-0050 Application for Judicial Relief
812-010-0060 Appointment of Arbitrator
812-010-0080 Delegation of Duties
812-010-0085 Filing and Service of Pleadings and Other Documents
812-010-0090 Request for Contested Case Hearing or Removal to Court
812-010-0100 On-Site Investigation, Settlement Discussions
812-010-0110 Declaration of Damages and Amendment to Declaration of Damages
812-010-0120 Time and Place of Arbitration Hearing; Notice
812-010-0140 Qualifications of Arbitrator
812-010-0160 Substitution of Arbitrator
812-010-0180 Representation by Counsel
812-010-0200 Attendance at Hearings
812-010-0220 Postponement, Recess and Continuance
812-010-0260 Recording of Hearing
812-010-0280 Conduct of Hearing; Authority of Arbitrator
812-010-0290 Summary Disposition
812-010-0300 Arbitration in the Absence of a Party
812-010-0320 Discovery
812-010-0340 Subpoenas; Evidence
812-010-0360 Close of Hearing
812-010-0380 Waiver of Right to Object to Noncompliance with These Rules
812-010-0400 Service of Notices and Other Communications
812-010-0420 Time, Form, and Scope of Award; Limitation on Award
812-010-0425 Petition to Modify or Correct an Award
812-010-0430 Form of Petition to Vacate, Modify or Correct an Award
812-010-0460 Petition to Court to Confirm Award or Vacate, Modify or Correct Award
812-010-0470 Payments from Licensee’s Bond, Letter of Credit or Cash Deposit
812-010-0480 Interpretation and Application of Rules
812-010-0500 Immunity of Arbitrator
812-010-0510 Competency of Arbitrator to Testify

Page 8 of 167
812-010-0520 Attorney Fees and Costs

DIVISION 11
APPROVED TRAINING ANDPROFESSIONAL CREDENTIALS
812-011-0000 Authority, Purpose, Scope
812-011-0010 Definitions
812-011-0030 Approved and Accredited Training
812-011-0050 Procedures
812-011-0070 Advertising

DIVISION 12
CONTRACTOR DUTIES
812-012-0110 Terms of Written Contract
812-012-0120 Maintenance Schedules
812-012-0130 Delivery and Proof of Delivery of Consumer Notice
812-012-0140 Requirements for Notice of Compliance with Homebuyer Protection Act
812-012-0145 Surety Bond Issued to Protect Purchasers of Residential Property from Lien Claims
812-012-0150 Letter of Credit Issued to Protect Purchasers of Residential Property from Lien Claims
812-012-0170 Unpaid Court Judgments

DIVISION 20
ADOPTION OF CONTINUING EDUCATION RULES FOR CONSTRUCTION CONTRACTORS WITHCOMMERCIAL
ENDORSEMENTS
812-020-0050 Authority, Purpose, and Scope of Rules — Continuing Education for Commercial Contractors
812-020-0055 Definitions — Continuing Education for Commercial Contractors
812-020-0060 Effective Date — Continuing Education for Commercial Contractors
812-020-0062 Exemptions — Continuing Education for Commercial Contractors
812-020-0065 Minimum Requirements — Continuing Education for Commercial Contractors
812-020-0070 Certification of Hours — Continuing Education for Commercial Contractors

812-020-0071 Hours Earned as Residential Contractor — Continuing Education for Commercial Contractors
812-020-0072 Recordkeeping and Review — Continuing Education for Commercial Contractors
812-020-0083 Inactive Status During the License Period or Upon Renewal — Continuing Education for Commercial
Contractors
812-020-0085 Lapse in License — Continuing Education for Commercial Contractors
812-020-0087 Courses Completed by Key Employees — Continuing Education for Commercial Contractors
812-020-0090 Key Employee of More than One Commercial Contractor — Continuing Education for Commercial
Contractors

DIVISION 22
NEW CONTINUING EDUCATION FOR RESIDENTIAL CONTRACTORS
812-022-0000 Authority, Purpose, Scope, Applicable Dates — Continuing Education for Residential Contractors (SB
783)
812-022-0005 Definitions — Continuing Education for Residential Contractors

812-022-0010 Effective Date — Continuing Education for Residential Contractors

812-022-0015 Minimum Continuing Education Requirements — Continuing Education for Residential Contractors

Page 9 of 167
812-022-0018 Agreements to Offer Agency Courses — Continuing Education for Residential Contractors
812-022-0021 Exemptions from Continuing Education — Continuing Education for Residential Contractors (SB 783)
812-022-0022 Experience Exemptions from Continuing Education — Continuing Education for Residential Contractors
812-022-0025 Provider Approval — Continuing Education for Residential Contractors

812-022-0028 Course Approval — Continuing Education for Residential Contractors

812-022-0033 Provider Rosters and Certificates of Completion – Continuing Education for Residential Contractors

812-022-0037 Certification, Recordkeeping, and Review — Continuing Education for Residential Contractors
812-022-0040 Inactive Status During the License Period or Upon Renewal — Continuing Education for Residential
Contractors
812-022-0042 Lapse in License — Continuing Education for Residential Contractors
812-022-0045 Claiming Continuing Education Credits — Continuing Education for Residential Contractors
812-022-0047 Personnel of More than One Contractor — Continuing Education for Residential Contractors

DIVISION 25
ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST)
812-025-0000 Authority, Purpose, Scope
812-025-0005 Definitions
812-025-0010 Application and Eligibility to Participate in Construction of Projects Financed by the EEAST Program
812-025-0015 Qualifications for Certification: Skill to Perform Installation
812-025-0020 Additional Qualifications for Certification
812-025-0025 Effective Date of Certification; Certification Term
812-025-0030 Renewal of Certification
812-025-0032 Certification Cards
812-025-0035 Denial, Suspension or Revocation of Certification
812-025-0040 Fees
812-025-0045 Notification to Other Agencies

DIVISION 30
LOCKSMITH CERTIFICATION
812-030-0000 General Definitions
812-030-0010 Testing
812-030-0100 Potentially Disqualifying Crimes
812-030-0110 Fitness Determination — Criminal Offense
812-030-0200 General Application Requirements
812-030-0210 Certificate Issuance
812-030-0220 Requirements for Certificate Renewal
812-030-0223 Certificate Cards
812-030-0230 Certificate Renewal — Effective Date; Effect of Lapse
812-030-0235 Mailing and E-mail Address Changes
812-030-0240 Requirement that Locksmith Own or Work for a Licensed Contractor
812-030-0250 Application, Renewal and Certificate Fees
812-030-0300 Standards of Professional Conduct

Page 10 of 167
DIVISION 32
HOME ENERGY ASSESSOR
812-032-0000 General Definitions
812-032-0100 General Application Requirements
812-032-0110 Certificate Issuance
812-032-0120 Requirements for Certificate Renewal
812-032-0123 Certificate Cards
812-032-0130 Certificate Renewal — Effective Date; Effect of Lapse
812-032-0135 Mailing and E-mail Address Changes
812-032-0140 Requirement that Home Energy Assessor Own or Work for a Licensed Contractor
812-032-0150 Application, Renewal and Certificate Fees

Page 11 of 167
DIVISION 1
ADMINISTRATION

812-001-0030
Ethics Policy
The Construction Contractors Board adopts the agency’s ethics policy number 1-3 revised September 22, 1998.
Statutory/Other Authority: ORS 244.040
Statutes/Other Implemented: ORS 244.040
History: CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 1-1989, f. & cert. ef. 11-1-89;
1BB 3-1984, f. & ef. 5-11-84

812-001-0051
Rules of Procedure for Board Meetings
The Construction Contractors Board adopts the following rules of procedure for Board and Committee meetings.
(1) The current edition of Sturgis Standard Code of Parliamentary Procedure shall govern the procedures of the Board
and Committees in all parliamentary situations that are not otherwise provided for by law or by Board rules.
(2) A quorum must be present for the Board or Committee meeting to be called to order and to make decisions. A
majority of affirmative votes among the members present are required for any official action or decision. Except in cases
where a member’s vote would result in a prejudiced, biased, or unfair decision or action, no member shall abstain from
voting.
(3) In accordance with applicable governing statutes, the chair shall establish the time, date, and place for the Board and
Committees to convene. Proper notice of all meetings, hearings, and matters requiring notice shall be given to the
members of the Board, the news media, and all interested persons requesting notice.
(4) The chair shall work with the Board Administrator to determine the substance of the agenda for each meeting. The
order of business for Board meetings, unless otherwise determined by the chair, shall be:
(a) Call to order.
(b) Approval of agenda and order of business.
(c) Approval of minutes of previous meetings and previous Appeal Committee meetings.
(d) Consideration of cases on appeal and oral argument, if any.
(e) Report of Administrator and staff.
(f) Unfinished business.
(g) New business.
(h) Public comment.
(i) Announcements.
(j) Adjournment.
(5) Members of the public wishing to testify shall sign an attendance form.
(6) If any person engages in disruptive conduct at a meeting, such conduct shall be grounds for the chair to expel the
person from the meeting.
(7) All actions and decisions of the Board and Committees shall be fully and accurately recorded on tape. Records are a
part of the public record, and shall be available for inspection by the public.
(8) Board members and guests shall address the chair, identify themselves for the sound recording, and receive
recognition before speaking.
(9) No motion shall require a second.
(10) The chair shall exercise all the rights and duties of other members, including the right to introduce motions and
proposals and to speak and vote on them while presiding.
(11) No member of the Board shall speak or act on behalf of the Board without specific authorization by law or by the
Board. The Board shall not delegate its statutory rulemaking authority, except to an officer or employee within the
agency who shall be authorized in writing by the Board to adopt temporary rules.

Page 12 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 192.630, 701.215
History: Renumbered from 812-001-0025, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1997, f. & cert. ef. 11-3-97;
CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95; CCB 1-1989, f. & cert. ef. 11-1-89; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; 1BB
3-1984, f. & ef. 5-11-84

812-001-0100
Notice of Proposed Rule
Except as provided in OAR 812-001-0110, before adopting, amending, or repealing any permanent rule, the
Construction Contractors Board shall give notice of the intended action:
(1) In the Secretary of State’s Bulletin referred to in ORS 183.360 at least 21 days before the effective date of the rule.
(2) By mailing or emailing a copy of the notice to persons on the Construction Contractors Board’s mailing list
established pursuant to ORS 183.335(8) at least 28 days before the effective date of rule.
(3) By mailing or emailing a copy of the notice at least 28 days before the effective date of the rule to the:
(a) Associated Press;
(b) Oregon Labor Press;
(c) Capitol Press Room, State Capitol;
(d) Oregon Consumer League; and
(e) Oregon Department of Health.
(4) By mailing or emailing a copy of the notice to legislators specified in ORS 183.335(15) at least 49 days before the
effective date of the rule.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.335, 183.341, 670.310, 701.235
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; Renumbered from 812-001-0000, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-
06; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 8-1998, f. 10-29-98, cert. ef.
11-1-98; CCB 4-1998, f. & cert. ef. 4-30-98; CCB 4-1997, f. & cert. ef. 11-3-97; CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95;
CCB 2-1992, f. & cert. ef. 4-15-92; CCB 1-1989, f. & cert. ef. 11-1-89; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; 1BB 1-
1982, f. 3-31-82, ef. 4-1-82; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1978, f. & ef. 5-23-78; 1BB 4, f. & ef. 12-29-75

812-001-0110
Temporary Rule
The Construction Contractors Board Administrator may adopt, amend, or suspend a rule as provided in ORS 183.335.
Statutory/Other Authority: ORS 183.325, 701.235
Statutes/Other Implemented: ORS 183.325, 701.235
History: Renumbered from 812-001-0001, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 1-1989, f. & cert. ef. 11-1-89;
BB 3-1987, f. 12-30-87, cert. ef. 1-1-88

812-001-0120
Uniform and Model Rules
The Construction Contractors Board adopts the Attorney General’s Model Rules of Procedure, OAR 137-001-0005 to
137-005-0070, revised January 31, 2012.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.341
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08; CCB 5-2006, f. & cert. ef. 3-30-
06; Renumbered from 812-001-0003, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 6-
2001, f. & cert. ef. 9-27-01; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 4-1997, f. & cert. ef. 11-3-97; CCB 2-1996, f. &
cert. ef. 6-18-96; CCB 2-1995, f. 6-6-95 cert. ef. 6-15-95; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 7-1992, f. & cert.
ef. 12-4-92; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 3-1992(Temp), f. & cert. ef. 4-15-92; CCB 2-1992, f. & cert. ef.

Page 13 of 167
4-15-92; CCB 4-1990, f. 10-30-90, cert. ef. 11-1-90; CCB 1-1989, f. & cert. ef. 11-1-89; BB 3-1988, f. 11-23-88, cert. ef.
12-1-88; 1BB 1-1986, f. & ef. 5-30-86; 1BB 3-1984, f. & ef. 5-11-84; 1BB 2-1983, f. & ef. 7-6-83; 1BB 1-1983, f. & ef. 3-1-
83; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 6-1980, f. & ef. 11-4-80

812-001-0130
Disposal of Large Objects Submitted as Exhibits
Large objects submitted with a complaint or as exhibits in a hearing or arbitration may be returned to the custody of the
submitting party or disposed of by the agency after 90 calendar days following the date of the final order.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.415, 183.460, 701.145
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; Renumbered from 812-001-0007, CCB 7-2005, f. 12-7-05, cert. ef.
1-1-06; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-001-0135
Receipt Date of Documents
Any document delivered to the agency, including documents delivered by mail, fax, e-mail, or any other type of delivery,
before or at 12:00:00 midnight will be considered received on the day of delivery ending at midnight. Any document
delivered to the agency after 12:00:00 midnight will be considered received on the day of delivery beginning
immediately after midnight.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

812-001-0140
Response Time to Notices
(1) Time for response to a notice delivered pursuant to ORS 701.117 shall run from the date of mailing.
(2) OAR 137-003-0520(11) shall apply to the computation of time to respond to a notice under this rule, whether the
notice is related to a contested case, arbitration or any other matter.
Statutory/Other Authority: ORS 183.415, 670.310, 701.235
Statutes/Other Implemented: 701.117, ORS 183.415
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; Renumbered from 812-001-
0010, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-
02; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 1-1991, f. & cert. ef. 2-4-91; CCB
1-1989, f. & cert. ef. 11-1-89; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; 1BB 3-1984, f. & ef. 5-11-84; 1BB 1-1983, f. & ef.
3-1-83; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1978, f. & ef. 5-23-78; 1BB 5, f. 6-15-76, ef. 7-1-76

812-001-0160
Requests for Information; Charges for Records
(1) The agency shall provide certification of license or non-license relating to a specific entity upon written request and
payment of required fee. This certification will include the following information:
(a) License numbers.
(b) Name of licensed entity and any assumed business names on file with the agency.
(c) Type of business entity.
(d) Category of license.
(e) Class of independent contractor license status.
(f) Personal names of owner, partners, joint venturers, members, corporate officers, or trustees.
(g) The dates in the license history and the action that took place on those dates.
(2) The agency may make the following charges for records:
(a) $20 for each certification that an entity has or has not been licensed with the Construction Contractors Board.

Page 14 of 167
(b) $20 for certified copies of each file or of set of documents certified under one cover or of any other document.
(c) $5 for the first 20 copies made and 25 cents per page thereafter.
(d) $20 for duplicate audio recordings of, Board meetings and Appeal Committee meetings.
(e) $20 for duplicate audio recordings of a three hour agency hearing or arbitration and $10 for duplicate audio
recordings of each additional 90 minutes or fraction thereof of the hearing or arbitration.
(f) $10 per half-hour unit or portion of a half-hour unit for researching, copying or preparing records for each request
from a person beginning with the 31st minute of research or copying time.
(g) $40 for an electronic copy of computer-maintained data containing information on CCB licensees.
(h) $140 for a paper copy of computer-maintained data containing information on CCB licensees.
(i) $40/month for an electronic copy of computer-maintained data containing information on CCB mailings of application
packets, provided once during the month.
(j) $50/month for electronic copies of computer-maintained data containing information on CCB mailings of application
packets, provided on a weekly basis.
(k) $140/month for a paper copy of computer-maintained data containing information on CCB mailings of application
packets, provided once during the month.
(l) $150/month for a paper copy of computer-maintained data containing information on CCB mailings of application
packets, provided on a weekly basis.
(m) $5 for a 3.5-inch computer disk or compact disk (CD) if documents are stored on the agency’s computer system.
Requestors may not provide disks for electronic reproduction due to the possibility of computer viruses.
(n) The actual cost for material and equipment used in producing copies of non-standard sized records.
(o) The actual cost for delivery of records, for example, postage, courier fees or the cost of transmitting a facsimile long-
distance.
(p) Actual attorney fees charged to CCB for the cost of time spent by its attorney (ordinarily provided by the Oregon
Department of Justice) to review public records, redact materials from public records or segregate public records into
exempt and nonexempt records. The charge will not include attorney fees incurred in determining the application of ORS
192.410 to 192.505.
Statutory/Other Authority: ORS 293.445, 670.310, 701.235
Statutes/Other Implemented: ORS 192.430, 293.445, 701.235, 701.250
History: CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 15-2008(Temp), f. & cert. ef. 8-1-08 thru 1-27-09; CCB 7-2008,
f. 4-28-08, cert. ef. 5-1-08; CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06;
Renumbered from 812-001-0015, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 9-
2004, f. & cert. ef. 12-10-04; CCB 7-2004, f. 8-26-04, cert. ef. 9-1-04; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 5-
2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 14-2000, f. & cert. ef. 12-4-00; CCB 7-
2000, f. 6-29-00, cert. ef. 7-1-00; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-25-
99; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 4-1998, f. & cert. ef. 4-30-98;
CCB 1-1997, f. & cert. ef. 5-15-97; CCB 1-1996, f. 4-26-96, cert. ef. 5-1-96; CCB 3-1995, f. 9-7-95, cert. ef. 9-9-95; CCB
1-1995, f. & cert. ef. 2-2-95; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 1-1989, f. &
cert. ef. 11-1-89; BB 2-1989, f. 6-29-89, cert. ef. 7-1-89; BB 2-1988, f. & cert. ef. 6-6-88; BB 3-1987, f. 12-30-87, cert. ef.
1-1-88; 1BB 3-1985, f. & ef. 4-25-85; 1BB 3-1984, f. & ef. 5-11-84; 1BB 1-1983, f. & ef. 3-1-83

812-001-0180
Refunds; NSF Check Charge
(1) The agency shall refund a fee or civil penalty paid to it in excess of the amount legally due if the agency, within three
years of the date of payment, determines that it received excessive payment.
(2) After three years, the agency may refund a fee or civil penalty paid to it in excess of the amount legally due, if
requested to do so by the person who made the excessive payment.
(3) If the agency receives payment of any fees or penalty by check and the check is returned to the agency as an NSF

Page 15 of 167
check, the payer of the fees will be assessed an NSF charge of $25 in addition to the required payment of the fees or
penalty.
Statutory/Other Authority: ORS 293.445, 670, 310, 701.235
Statutes/Other Implemented: ORS 293.445, 701
History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06

812-001-0200
Consumer Notices Adoption
(1) In order to comply with the requirement to adopt an information notice to owner under ORS 87.093, the
Construction Contractors Board adopts the form entitled “Information Notice to Owner About Construction Liens,” as
revised January 1, 2010. This form may be obtained from the agency.
(2) In order to comply with the requirement to adopt a consumer notice form under ORS 701.330(1), the board adopts
the form “Consumer Protection Notice” as revised April 26, 2011.
(3) In order to comply with the requirement to adopt an “Information Notice to Property Owners About Construction
Responsibilities” form under ORS 701.325(3), the board adopts the form “Information Notice to Property Owners About
Construction Responsibilities” as revised September 23, 2008.
(4) In order to comply with the requirement to adopt a notice of procedure form under ORS 701.330(2), the board adopts
the form “Notice of Procedure” dated December 4, 2007.
(5) The board adopts the form “Notice of Compliance with Homebuyer Protection Act” (HPA) as revised December 1,
2010.
(6) The board adopts the form “Model Features for Accessible Homes” dated December 4, 2007.
(7) The board adopts the form “Home Inspection Consumer Notice” dated October 27, 2009.
Statutory/Other Authority: ORS 87.093, 670.310, 701.235, 701.325, 701.330, 701.530
Statutes/Other Implemented: ORS 87.007, 87.093, 701.235, 701.325, 701.330, 701.530
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; 1BB 4-1981, f. 11-24-81, ef. 1-1-82; 1BB 3-1982, f. 6-4-82, ef. 1-1-83;
1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0076; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; BB 2-1987, f. & ef.
7-2-87; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-
99; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 6-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00; CCB 9-2000, f. &
cert. ef. 9-24-00; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 11-2002, f. 12-20-02, cert. ef. 12-23-02; CCB 3-
2003(Temp), f. & cert. ef. 3-11-03 thru 9-6-03; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-
04; CCB 12-2003(Temp), f. & cert. ef. 12-9-03 thru 6-6-04; CCB 13-2003(Temp), f. 12-19-03, cert. ef. 1-1-04 thru 6-14-
04; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 5-2004(Temp), f. & cert. ef. 6-
1-04 thru 11-28-04; CCB 7-2004, f. 8-26-04, cert. ef. 9-1-04; Renumbered from 812-001-0020, CCB 7-2005, f. 12-7-05,
cert. ef. 1-1-06; CCB 1-2006(Temp), f. & cert. ef. 1-11-06 thru 7-10-06; CCB 5-2006, f. & cert. ef. 3-30-06; CCB 5-2007, f.
6-28-07, cert. ef. 7-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 1-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08;
CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08; CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 2-2009(Temp), f. & cert. ef. 2-
23-09 thru 8-22-09; CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 1-2010, f. &
cert. ef. 2-1-10; CCB 16-2010(Temp), f. & cert. ef. 12-1-10 thru 5-27-11; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11

812-001-0220
Unpaid Court Judgment Form Adoption
The Construction Contractors Board adopts the form “Unpaid Court Judgment Filing With the CCB (ORS 701.109)”.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.109
History: CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09

812-001-0500
Confidentiality and Inadmissibility of Mediation Communications

Page 16 of 167
(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.
(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from
complying with the Public Meetings Law, ORS 192.610 to 192.710. Whether or not they are confidential under this or
other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the
extent provided in 192.410 to 192.505.
(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has
regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency
also is a party as defined in ORS 36.234.
(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule
408), those mediation communications are not admissible as provided in 40.190 (OEC Rule 408), notwithstanding any
provisions to the contrary in section (9) of this rule.
(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s
employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a
lawsuit has been filed; or
(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving
some or all of the same matters;
(c) Mediation in which the only parties are public bodies;
(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation
confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not
confidential;
(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule
adopted by the agency may apply to that mediation; or
(f) Mediation by an authorized representative acting on behalf of the Construction Contractors Board in which the
parties to the mediation are parties to a complaint or arbitration filed under ORS 701.131 to 701.145, unless the
mediator and the parties elect by written agreement consistent with the form set out in section (8) of this rule to
participate in a confidential mediation.
(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a
mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative,
judicial or arbitration proceeding unless:
(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided
in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.
(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule,
mediation communications are confidential and may not be disclosed to any other person, are not admissible in any
subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any
discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any
subsequent proceeding.
(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in
writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or
nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator
or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a
confidential mediation must be in substantially the following form. This form may be used separately or incorporated
into an “agreement to mediate.” [Form not included. See ED. NOTE.]
(9) Exceptions to Confidentiality and Inadmissibility.
(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that
were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into

Page 17 of 167
evidence in a subsequent proceeding.
(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically
prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent
proceeding unless the substance of the communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to
the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of
a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and
may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of
a felony crime involving physical violence to a person.
(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a
person who, as a condition of his or her professional license, is obligated to report such communication by law or court
rule is not confidential and may be disclosed to the extent necessary to make such a report.
(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not
confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in
a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited
from disclosure under state or federal law.
(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s
communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation
may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the
subject matter of the mediation, if all the parties agree.
(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long
as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential
mediation communication under section (9) of this rule is bound by the same confidentiality requirements as apply to the
parties to the mediation.
(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the
discretion of the party who prepared the communication so long as the communication is not otherwise confidential
under state or federal law and does not contain confidential information from the mediator or another party who does
not agree to the disclosure.
(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose
mediation communications and such communications may be introduced as evidence to the extent necessary to
prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to
prevent further disclosure of mediation communications or agreements to persons other than the parties to the
agreement.
(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program,
mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent
necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the
proceeding to prevent further disclosure of the mediation communications or agreements.
(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following
mediation communications are not confidential and such communications may be introduced into evidence in a
subsequent administrative, judicial or arbitration proceeding:
(A) A request for mediation; or
(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of
mediation; or
(C) A final offer submitted by the parties to the mediator pursuant to ORS 243.712; or
(D) A strike notice submitted to the Employment Relations Board.
(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by
Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by

Page 18 of 167
statute.
(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be
disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the
extent the communication does not contain confidential information from the mediator or another party, except for
those written mediation communications that are:
(A) Attorney-client privileged communications so long as they have been disclosed to no one other than the mediator in
the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or
(B) Attorney work product prepared in anticipation of litigation or for trial; or
(C) Prepared exclusively for the mediation or in a caucus session and not given to another party in the mediation other
than a state agency; or
(D) Prepared in response to the written request of the mediator for specific documents or information and given to
another party in the mediation; or
(E) Settlement concepts or proposals, shared with the mediator or other parties.
(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent
that the agency administrator determines that disclosure of the communication is necessary to prevent or mitigate a
serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under
state or federal law.
(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent
proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505,
a court has ordered the terms to be confidential under 17.095 or state or federal law requires the terms to be
confidential.
(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the
report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose
confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS
36.232(4).
(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the
mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained.
Violation of this provision does not waive confidentiality or inadmissibility.
[ED. NOTE: Forms referenced are available from the agency.]
Statutory/Other Authority: ORS 36.224, 670.310, 701.235
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230, 36.232
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; Renumbered from 812-001-
0040, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-
02; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99

812-001-0510
Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications
(1) This rule applies to workplace interpersonal disputes, which are disputes involving the interpersonal relationships
between this agency’s employees, officials or employees and officials. This rule does not apply to disputes involving the
negotiations of labor contracts or matters about which a formal grievance under a labor contract, a tort claim notice or a
lawsuit has been filed.
(2) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.
(3) Nothing in this rule affects any confidentiality created by other law.
(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule
408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding
any provisions to the contrary in section (9) of this rule.
(5) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a

Page 19 of 167
mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative,
judicial or arbitration proceeding unless:
(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or
(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided
in subsections (c) or (h)–(j) of section (7) of this rule.
(6) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in section (7) of this rule,
mediation communications in mediations involving workplace interpersonal disputes are confidential and may not be
disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and
may not be disclosed during testimony in, or during discovery conducted as part of a subsequent proceeding, or
introduced into evidence by the parties or the mediator in any subsequent proceeding so long as:
(a) The parties to the mediation and the agency have agreed in writing to the confidentiality of the mediation; and
(b) The person agreeing to the confidentiality of the mediation on behalf of the agency:
(A) Is neither a party to the dispute nor the mediator; and
(B) Is designated by the agency to authorize confidentiality for the mediation; and
(C) Is at the same or higher level in the agency than any of the parties to the mediation or who is a person with
responsibility for human resources or personnel matters in the agency, unless the agency head or member of the
governing board is one of the persons involved in the interpersonal dispute, in which case the Governor or the
Governor’s designee.
(7) Exceptions to Confidentiality and Inadmissibility.
(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that
were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into
evidence in a subsequent proceeding.
(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically
prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent
proceeding unless the substance of the communication is confidential or privileged under state or federal law.
(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to
the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of
a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and
may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of
a felony crime involving physical violence to a person.
(d) The parties to the mediation may agree in writing that all or part of the mediation communications are not
confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in
a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited
from disclosure under state or federal law.
(e) A party to the mediation may disclose confidential mediation communications to a person if the party’s
communication with that person is privileged under ORS Chapter 40 or other provision or law. A party to the mediation
may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the
subject matter of the mediation, if all the parties agree.
(f) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the
discretion of the party who prepared the communication so long as the communication is not otherwise confidential
under state or federal law and does not contain confidential information from the mediator or another party who does
not agree to the disclosure.
(g) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose
mediation communications and such communications may be introduced as evidence to the extent necessary to
prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to
prevent further disclosure of mediation communications or agreements to persons other than the parties to the
agreement.

Page 20 of 167
(h) In an action for damages or other relief between a party to the mediation and a mediator or mediation program,
mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent
necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the
proceeding to prevent further disclosure of the mediation communications or agreements.
(i) To the extent a mediation communication contains information the substance of which is required to be disclosed by
Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by
statute.
(j) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the
report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose
confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS
36.232(4).
(8) The terms of any agreement arising out of the mediation of a workplace interpersonal dispute are confidential so long
as the parties and the agency so agree in writing. Any term of an agreement that requires an expenditure of public funds,
other than expenditures of $1,000 or less for employee training, employee counseling or purchases of equipment that
remain the property of the agency, may not be made confidential.
(9) When a mediation is subject to section (6) of this rule, the agency will provide to all parties to the mediation and to the
mediator a copy of this rule or an explanation of where a copy of the rule may be obtained. Violation of this provision
does not waive confidentiality or inadmissibility.
Statutory/Other Authority: ORS 36.224, 670.310, 701.235
Statutes/Other Implemented: ORS 36.230(4)
History: Renumbered from 812-001-0050, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-
99

DIVISION 2
DEFINITIONS

812-002-0001
Applicant
“Applicant” has the same meaning as licensee.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 3-2005, f. & cert. ef. 8-24-05

812-002-0002
Application of Definitions
Unless other wise provided, definitions in this division apply to the rules in this chapter and statutes in ORS Chapter 701.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02

812-002-0011
Administrative Law Judge
“Administrative law judge” means a person authorized to conduct hearings for the Office of Administrative Hearings.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145, 701.146
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2003, f. & cert. ef. 8-8-03

812-002-0020
Agency

Page 21 of 167
“Agency” means the administrative agency including the staff of the Construction Contractors Board.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.515
History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0035
Appeal Committee
"Appeal Committee" means the appeal committee appointed under ORS 701.260.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.260
History: CCB 2-2001, f. & cert. ef. 4-6-01

812-002-0040
Appurtenance
“Appurtenance” means any accessory improvement to real estate associated with a structure.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 656.027, 701.005, 701.139, 701.145, 701.146, 701.325
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-
98

812-002-0060
Bid
“Bid” as used in ORS 701.021 does not include a prospectus for an art project.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 279C.460, 701
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 18-2008, f. & cert. ef.
11-20-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0080
Board
“Board” means the nine-member appointed Construction Contractors Board.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 87.058, 87.093, 701
History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0100
Building Trades or Crafts
“Building trades or crafts”, as used in ORS 701.005(7)(a) and these rules, means the following special trade contractors as
defined by the four-digit codes in the 1987 Standard Industrial Classification Manual:
(1) Building trade contractors including:
(a) 1711 — Plumbing, Heating and Air Conditioning.
(b) 1721 — Painting and Paper Hanging.
(c) 1731 — Electrical Work.
(d) 1741 — Masonry, Stone Setting and Other Stone Work.
(e) 1742 — Plastering, Drywall, Acoustical and Insulation Work.
(f) 1743 — Terrazzo, Tile, Marble, and Mosaic Work.
(g) 1751 — Carpentry Work.
(h) 1752 — Floor Laying and Other Floor Work.
(i) 1761 — Roofing, Siding and Sheet Metal Work.

Page 22 of 167
(j) 1771 — Concrete Work.
(k) 1791 — Structural Steel Erection.
(l) 1793 — Glass and Glazing Work.
(m) 1794 — Excavation Work.
(n) 1795 — Wrecking and Demolition Work.
(o) 1796 — Installation or Erection of Building Equipment Not Elsewhere Classified.
(p) 1799 — Special Trade Contractors, Not Elsewhere Classified.
(2) Heavy construction (other than building construction) contractors, when the contractor is performing as a
subcontractor, including:
(a) 1611 — Highway and Street Construction.
(b) 1622 — Bridge, Tunnel and Elevated Highways.
(c) 1623 — Water, Sewer, Pipeline and Communication and Power Line Construction.
(d) 1629 — Heavy Construction, Not Elsewhere Classified.
(3) Other
(a) 0783 — Tree Service.
(b) 7342 — Pest Control.
(c) 7363 — Chimney and other structural cleaning.
(d) 7389 — Inspection Services.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.013
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-2003, f. & cert. ef. 6-3-
03; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0120
Casual, Minor or Inconsequential
(1) “Casual, minor or inconsequential” as used in ORS 701.010(4) means work:
(a) That does not require a permit;
(b) That does not affect the health or safety of the owner or occupant of the structure;
(c) For which the aggregate contract price for all work on one structure or project is less than $1,000; and
(d) That does not include work done as a subcontractor to a licensee.
(2) Work involving lead-based paint abatement, inspection, renovation or risk assessment of child-occupied facilities or
target housing, as those terms are defined in OAR 812-007-0020, affects the health and safety of owners and occupants
and is not “casual, minor or inconsequential” work.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 656.027, 701.010
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 7-2000, f. 6-29-00, cert.
ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0140
Complaint
“Complaint,” as used in OAR chapter 812, means a complaint filed and processed under ORS 701.131–701.180.
Complaints are classified by type as follows:
(1) “Construction lien complaint” is a complaint filed by an owner against a primary contractor to discharge or to recoup
funds expended in discharging a construction lien filed by an employee, supplier or subcontractor because the primary
contractor did not pay the employee, supplier or subcontractor.
(2) “Employee complaint” is a complaint for unpaid wages or benefits filed by an employee of a licensee or by the State of
Oregon Bureau of Labor and Industries to collect unpaid wages from a licensee for work done by the employee relating
to the licensee’s operation as a contractor under ORS Chapter 701.

Page 23 of 167
(3) “Employee trust complaint” is a complaint for unpaid payments for employee benefits filed by a trustee with authority
to manage and control a fund that receives the employee benefit payments.
(4) “Material complaint” is a complaint filed by a supplier who has not been paid for materials sold to a licensee to be used
and installed in a specific structure located within the boundaries of the State of Oregon, or for the rental of equipment
to a licensee to be used in the performance of the work of a contractor in connection with such a structure.
(5) “Owner complaint” is a complaint filed by an owner for breach of contract, or for negligent or improper work subject
to ORS Chapter 701, or a construction lien complaint.
(6) “Primary contractor complaint” is a complaint by a primary contractor against a licensed subcontractor.
(7) “Subcontractor complaint” is a complaint filed by a subcontractor arising out of a contract between the subcontractor
and a primary contractor for unpaid labor or materials furnished under the contract.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 87.058, 87.093, Ch. 701
History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 5-2002, f. 5-28-02,
cert. ef. 6-1-02; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0143
Complainant
“Complainant” means a person who files a complaint against a contractor under ORS 701.131 to 701.180.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.131 - 701.180
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07

812-002-0160
Construction Management
“Construction management” is the coordinating of a construction project, including, but not limited to, selecting
contractors to perform work on the project, obtaining permits, scheduling specialty contractors’ work, and purchasing
materials. “Construction management” does not include consulting work performed by a registered engineer or a
licensed architect when operating as provided by ORS 701.010(8).
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.021, 701.026, 701.238
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 9-2008, f. 6-11-08, cert.
ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0170
Contractor
“Contractor” has the same meaning as that term is given in ORS 701.005. Contractors include persons who are and who
are not licensed under ORS Chapter 701.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-002-0180
Contractor Became Aware of the Requirement
“Contractor became aware of the requirement” (to license) as used in ORS 701.131 includes but is not limited to the date
a letter or a proposed order is mailed to the address of record from the agency indicating that the contractor was
performing the work of a contractor and must be licensed with the Construction Contractors Board.
Statutory/Other Authority: ORS 670.310, 701.235

Page 24 of 167
Statutes/Other Implemented: ORS 701.131
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-
98

812-002-0190
Court, Arbitrator or Other Entity
“Court, arbitrator or other entity” means a court of competent jurisdiction or an arbitrator or other entity authorized by
law or the parties to a dispute to effect a resolution to the dispute.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.415, 813.460, 701.131 - 701.180
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-
04; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-002-0200
Date the Contractor Becomes Aware of a Lapse in License
“Date the contractor becomes aware of a lapse in license” includes but is not limited to the date a notice is mailed to the
address of record from the Construction Contractors Board that his/her license has been suspended, terminated or
lapsed for any reason.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.131
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2000, f. 6-29-00, cert.
ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0220
Date Contractor Incurred Indebtedness
“Date the contractor incurred the indebtedness” as used in ORS 701.143, has the following meanings:
(1) For a material complaint, this date is the date of delivery or the date the purchaser takes possession of the materials
that are the subject of the complaint. If the delivery date is unknown, the date of the invoice applies except in the case of
special or custom ordered materials, the date of order constitutes the date of indebtedness.
(2) For an employee complaint or employee trust complaint, this date is the date the employee performed the work that
is the subject of the complaint.
(3) For a subcontractor complaint, this date is the date the subcontractor ceases to perform the work at issue in the
complaint, substantially completes the work or submits a request for payment for the work, whichever occurs first.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.143, 701.145
History: CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 8-2001, f. 12-12-01, cert.
ef. 1-1-02; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0230
Days
"Days" as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02

812-002-0250
Direct Contractual Relationship
“Direct Contractual Relationship” as used in OAR 812-004-0320 or 812-004-1320 has the following meanings:
(1) For an owner, construction lien or primary contractor complaint, “direct contractual relationship” means a

Page 25 of 167
relationship created by a contract between the complainant and the respondent providing that the respondent perform
construction work in return for valuable consideration conveyed directly from the complainant to the respondent.
(2) For a material complaint or subcontractor complaint, “direct contractual relationship” means a relationship created
by a contract between the complainant and the respondent providing that the complainant provide labor, material or
rental equipment in return for valuable consideration conveyed directly from the respondent to the complainant.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.235
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 8-2004, f. & cert. ef.
10-1-04

812-002-0260
Dishonest or Fraudulent Conduct
"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
History: CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2006, f. 5-25-06,
cert. ef. 6-1-06; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 4-2003, f. & cert. ef. 6-
3-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 14-2000, f. & cert. ef. 12-4-
00; CCB 11-2000(Temp), f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-
1998, f. & cert. ef. 4-30-98

812-002-0262
Engaged in the Commercial Harvest of Forest Products
“Engaged in the commercial harvest of forest products” as used in ORS 701.005(5)(e) means engaged in buying or selling
fallen trees, logs, poles or pilings. “Engaged in the commercial harvest of forest products” does not mean masticating,
chipping or mulching trees or brush on site.

Page 26 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09

812-002-0265
Exercises Management or Supervisory Authority Over the Construction Activities of the Business
“Exercises management or supervisory authority over the construction activities of the business” as used in ORS
701.005 means meaningfully participating in:
(1) The administration of construction contracts performed by the business; or
(2) The administration of the day-to-day operations of the business.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-002-0275
Family Members
“Family members” mean members of the same family and are parents, spouses, sisters, brothers, daughters, sons,
daughters-in-law, sons-in-law, or grandchildren.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 3-2005, f. & cert. ef. 8-24-05

812-002-0280
For Compensation or With the Intent to Sell
“For compensation or with the intent to sell” as used in ORS 701.005 is not intended to include real estate licensees
engaged in professional real estate activities as defined in 696.010(13).
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.010, 701.021, 701.026, 701.131
History: CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2003, f. & cert. ef. 6-
3-03; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0300
Gardener
"Gardener" as used in ORS 701.005 means a person who cares for plots of ground where herbs, fruits, flowers, or
vegetables are cultivated, including the removal of trees up to 15 feet in height when the diameter of the tree is four
inches or less at ground level, and removal of tree limbs up to 15 feet above ground level when the diameter of the limb is
three inches or less.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0320
General Contractor
"General contractor" means a contractor whose business operations require the use of more than two unrelated building
trades or crafts that the contractor supervises, subcontracts to be performed or performs in whole or in part.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 4-1998, f. & cert. ef. 4-
30-98

Page 27 of 167
812-002-0325
Good Cause
“Good cause” as used in ORS 279C.585 exists if the prime contractor that substituted an undisclosed first-tier
subcontractor can show that a reasonable person with the knowledge possessed by the prime contractor when the
substitution was made would have concluded that:
(1) The substitution was consistent with, and did not violate, public policy expressed in ORS 279C.305, that public
agencies shall make every effort to construct public improvements at the least cost to the public; and
(2) One or more of the following facts was true:
(a) The subcontractor was financially unstable.
(b) The subcontractor had an unacceptable performance history on past contracts.
(c) The subcontractor had an unacceptable history of untimely performance.
(d) The subcontractor had an unacceptable history of filing excessive claims and lawsuits on past contracts.
(e) The subcontractor had an unacceptable work safety record.
(f) The subcontractor did not have sufficient human resources to do the work required under contracts entered into by
the subcontractor.
(g) The subcontractor failed or refused to meet insurance requirements of the prime.
(h) The subcontractor failed or refused to meet requirements of ORS 279C.505(2).
(i) The subcontractor’s ability to successfully perform the project and protect the guarantees placed by the prime
contractor was substantially jeopardized.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 279.322
History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2002, f. & cert. ef. 3-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-
02

812-002-0345
Hours of Training
“Hours of Training” as used in OAR 812-006-0200 to 812-006-0250 of these rules refers to clock hours, not credit hours.
“Hours of training” does not include time spent for registration or breaks.
Statutory/Other Authority: ORS 670.310, 701.072, 701.235
Statutes/Other Implemented: ORS 701.091, 701.122
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06

812-002-0350
Individual
“Individual”, as used in ORS Chapter 701, means a natural person.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-002-0360
Inspect
“Inspect”, as used in ORS 701.005(5), means the examination of a structure or its appurtenances for the purposes of
determining the condition of the structure, identifying construction faults, exposing potential maintenance problems,
assessing life expectancy, and/or estimating repair costs, and does not include pest control examinations for non-wood-
destroying organisms and does not include pest control examinations for wood destroying organisms except when
conducted as part of an inspection for the transfer of real estate.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005

Page 28 of 167
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-
98

812-002-0380
Insurance
“Insurance” required under ORS 701.073 means public liability, personal injury and property damage insurance covering
the work of the contractor, including coverage of liability for products and completed operations according to the terms
of the policy and subject to applicable policy exclusions.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 670.600, 701.073
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 1-2004, f. & cert. ef. 2-2-04; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0390
Key Employee
“Key employee” means an employee or owner of a contractor who is a corporate officer, manager, superintendent,
foreperson, lead person or any other person who exercises management or supervisory authority over the construction
activities of the business.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 9-2010(Temp), f. & cert. ef. 5-18-10 thru 11-12-10

812-002-0400
Labor
"Labor" as used in ORS 701.140 means work subject to ORS Chapter 701 performed as an employee of a licensee.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.140, 701.150
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-
30-98

812-002-0420
Lapse in License
“Lapse in license” as used in ORS 701.063(4), 701.131(2)(b), 701.225(6)(b) and OAR chapter 812 commences at the time
that a license expires, is suspended or is terminated for any reason and ends when the license is renewed, reissued or
reinstated by the agency.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.131, 701.225
History: CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 18-2008, f. & cert. ef. 11-20-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-
1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 11-2003, f. 12-5-03, cert.
ef. 1-1-04; CCB 6-2003(Temp), f. & cert. ef. 7-9-03 thru 1-3-04; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2000, f. 6-29-
00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0430
Large Commercial Structure
“Large commercial structure” has the meaning given that phrase in ORS 701.005.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-002-0440
Last-Known Address of Record

Page 29 of 167
(1) “Last-known address of record” for a contractor, as used in ORS 701.117, or for a complainant means the most recent
of:
(a) The mailing address provided by the contractor or complainant in writing to the agency, designated by the contractor
or complainant as the contractor’s or complainant’s mailing address; or
(b) The forwarding address for the contractor or complainant, so designated by the United States Postal Service, except
as provided in section 2 of this rule.
(2) A forwarding address is not effective as a “last known address of record” until the address is entered into agency
records or seven calendar days after the agency receives notice of the forwarding address, whichever occurs first.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.117
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 11-2003, f. 12-5-03,
cert. ef. 1-1-04; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0443
Legal Capacity to Enter into Contracts
“Legal capacity to enter into contracts” as used in ORS 701.046(3)(b), means the attaining of the age of 18 for any sole
proprietor, partner of any general partnership, limited liability partnership, limited partnership or joint venture,
corporate officer, member, or any other persons similarly situated who holds or could hold the authority to enter into a
contract on behalf of the licensed entity.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.046
History: CCB 3-2012, f. & cert. ef. 3-2-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-
06; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-002-0450
Licensee
“Licensee” shall include the:
(1) Sole proprietor that makes application to license or subsequently operate the sole proprietorship;
(2) Partnership or limited liability partnership and the partners who make application to license or subsequently operate
the partnership or limited liability partnership;
(3) Joint venture and the joint venturers who make application to license or subsequently operate the joint venture;
(4) Limited partnership and the general partners who make application to license or subsequently operate the limited
partnership;
(5) Limited liability company and the members who make application to license or subsequently operate the limited
liability company;
(6) Corporation and the corporate officers who make application to license or subsequently operate the corporation; or
(7) Trust and the trustees who make application to license or subsequently operate the trust.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 3-2005, f. & cert. ef. 8-24-05; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00

812-002-0460
Monetary Damages
“Monetary damages” may include, but is not limited to:
(1) The dollar amount required in excess of the contract amount to provide the complainant what was agreed to be
provided under the terms of the contract minus any amount due and unpaid the licensee; or
(2) The dollar amount paid to the licensee less the reasonable value of any work properly performed by the licensee, plus
the cost to demolish work that has no value, and to restore the property to the condition it was in before work began.

Page 30 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.068, 701.140
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2000, f. 6-29-00,
cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0480
Nature or Complexity
“Nature or complexity” includes, but is not limited to the following meaning:
(1) Involves issues requiring legal interpretation of statutes and case law that are not normally part of a construction
complaint;
(2) In the interest of fairness and equity, requires rulings against persons or entities outside the jurisdiction of the
agency; or
(3) Involves issues and fact determinations that are outside the expertise of the agency.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0500
Nurseryman
"Nurseryman" as used in ORS 701.005 means any person who cares for nursery stock for sale, as defined in 571.005(5).
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 571.005, 701.005
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0520
Occupancy
“Occupancy” may occur at the time of but not be limited to the first occurring of any of the following events: a majority of
furniture and personal belongings is moved in, utility service begins, certificate of occupancy is issued, resident prepares
meals and remains overnight.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.010, 701.145
History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0530
Office of Administrative Hearings
“Office of Administrative Hearings” means the Office of Administrative Hearings established under ORS 183.605.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145, 701.146
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-
04; CCB 7-2003, f. & cert. ef. 8-8-03

812-002-0533
Officer
(1) “Officer”, as used in ORS Chapter 701 and these rules means:
(a) A person described as an “officer” in ORS 701.005;
(b) A partner in a partnership, or limited liability partnership;
(c) A responsible managing individual described in ORS 701.091; or
(d) A person who has a financial interest in a business and manages or shares in the management of the business; or
(2) “Officer”, as used in ORS Chapter 701 and these rules, includes an individual who has a financial interest in another

Page 31 of 167
business and who is an officer of that other business if that other business owns more than fifty percent of the particular
business.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.091
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 7-2005, f. 12-7-05, cert.
ef. 1-1-06

812-002-0537
Owner
“Owner”, as used in ORS 701.005, 701.046, 701.094, 701.098, 701.102, 701.227 and OAR 812-005-0210, means:
(1) A person described as an “owner” in ORS 701.094;
(2) A general partner in a limited partnership;
(3) A majority stockholder in a corporation;
(4) A manager in a manager-managed limited liability company;
(5) A member in a member-managed limited liability company; or
(6) A person who has a financial interest in a business and manages or shares in the management of the business.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.010, 701.046, 701.094, 701.098, 701.227
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2006, f. & cert. ef. 6-
23-2006; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-002-0540
Owner of a Structure
(1) “Owner of a structure” means a person not required to be licensed under ORS Chapter 701 who:
(a) Has a structure built by contractor;
(b) Purchases or enters into an agreement to purchase a structure from a contractor or developer; or
(c) Owns, leases, or rents a structure on which alterations or repairs are being or have been made.
(2) “Owner of a structure” may also include:
(a) An association of unit owners that files a complaint related to the common elements of a condominium, as those
phrases are defined in ORS 100.005.
(b) The following agents of persons described in section (1) of this rule:
(A) Property managers licensed under ORS Chapter 696; or
(B) A person who is acting on behalf of an incapacitated person, based on guardianship, power of attorney, or other legal
representation.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.010, 701.225
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 11-2003, f. 12-5-03,
cert. ef. 1-1-04; CCB 10-2003(Temp), f. 9-29-03, cert. ef. 10-1-03 thru 3-27-04; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02;
CCB 6-2001, f. & cert. ef. 9-27-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0580
Person
“Person” means:
(1) An individual, including, but not limited to a self-employed individual;
(2) A partnership, joint venture, limited liability partnership, or limited partnership;
(3) A corporation;
(4) A trust;
(5) A limited liability company; or

Page 32 of 167
(6) Other entity.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 87.005, 87.093, 445.080, 656.021, 656.029, 701
History: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 6-1998, f. 8-31-98, cert. ef. 9-
1-98; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0600
Primary Contractor
“Primary contractor” is an entity who has a contract, either oral or written, with the owner of a structure to perform
work subject to ORS Chapter 70l, or who is building a structure speculatively, or who is holding itself out to be a licensed
contractor in connection with a structure it owns; who may engage one or more subcontractors to perform all or part of
the work; and who may have responsibility for the entire project which is the subject of the contract. Responsibility for
the entire project includes coordinating work, seeing that prompt and proper payment is made to all subcontractors and
suppliers, thereby preventing the filing of construction liens against the property.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 4-1998, f. & cert. ef. 4-
30-98

812-002-0620
Registrant
“Registrant” has the same meaning as licensee.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 3-2005, f. & cert. ef. 8-24-05; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-
98; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0630
Reinstate
A license is reinstated when licensure is approved by the Board after a lapse that occurred because the license was
suspended. A reinstated license is effective from the date that the suspension ends.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.068, 701.098(4)
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-002-0635
Reissue
A license is reissued when licensure is approved by the Board after a lapse that occurred because the licensee failed to
renew the license and failed to provide proof of bonding, letter of credit, or cash deposit coverage and insurance
coverage during the lapse. A reissued license is effective from the date that the lapse ends.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.068
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-002-0640
Renewal
“Renewal” (of license) as used in ORS 701.063, 701.068 and 701.131 includes but is not limited to the act of submitting a
replacement bond, a bond rider, or letter of credit or cash deposit, a certificate of insurance, a fee, the renewal form, any
employer account numbers and any pre-licensure training.

Page 33 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 670.310, 701.056, 701.063, 701.068, 701.073, 701.088, 701.131, 701.238
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-
11; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-
1-06; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98;
CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0660
Residential Structure
"Residential structure" has the meaning given that term in ORS 701.005. A residential structure includes, but is not
limited to:
(1) A structure or work associated with placing a manufactured dwelling on support blocking or permanent foundations,
connecting modular elements of the dwelling together and constructing appurtenances to the dwelling at the location
where the dwelling will be occupied as a residence.
(2) Work associated with tree pruning, tree and stump removal, and tree and limb guying regardless of whether the tree
or stump is associated with a residential, small commercial or large commercial structure.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0670
Respondent
“Respondent” means a contractor that a complaint is filed against under ORS 701.131 to 701.180 or that the board
proposes to impose a civil penalty against under ORS Chapter 701, including but not limited to 701.992.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.131 - 701.180
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2005, f. 12-7-05,
cert. ef. 1-1-06; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 4-2000, f. & cert. ef. 5-2-
00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00

812-002-0673
Signed by Respondent
“Signed by respondent,” as used in OAR 812-004-0340 or 812-004-1340, means signed by the respondent, if the
respondent is a sole proprietorship, or an owner, officer, employee or authorized agent of the respondent.
Statutory/Other Authority: ORS 670.310, 701.133, 701.235
Statutes/Other Implemented: ORS 701.133
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 5-2007, f. 6-28-07, cert.
ef. 7-1-07

812-002-0675
Small Commercial Structure
“Small commercial structure” has the meaning given that term in ORS 701.005.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.021, 701.139, 701.145, 701.146, 701.150, 701.153
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2001, f. 12-12-01, cert.
ef. 1-1-02; CCB 2-2001, f. & cert. ef. 4-6-01

812-002-0677
Specialty Contractor

Page 34 of 167
“Specialty contractor” means a contractor who performs work on a structure, project, development or improvement and
whose business operations:
(1) Require the use of two or fewer unrelated building trades or crafts; or
(2) If a residential contractor, require the use of more than two unrelated building trades or crafts that the specialty
contractor supervises, subcontracts to be performed or performs, provided that the sum of all contracts (including labor
and materials) on any single property does not exceed $2,500.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-002-0680
Speculative
“Speculative” means in anticipation of or with the intent of selling to another entity during or after construction.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005
History: CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0700
Structure
“Structure” means that which is built or constructed, an edifice or building of any kind, or any piece of work artificially
built up or composed of parts joined together in some definite manner, or an improvement attached to real estate or any
part thereof as described in ORS 701.005.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 87.058, 279C.460, 646.605, 701
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 7-2005, f. 12-7-05, cert.
ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0720
Subcontractor
“Subcontractor” is an entity who has a contract, either oral or written, with a contractor but not with the owner of the
structure to perform work subject to ORS Chapter 701 and who is responsible for a specific portion of the entire project.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 279C.555, 701
History: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0740
Substantial Completion
(1) For purposes of ORS 701.143, "Substantial completion" occurs when a person in the position of the owner would
reasonably conclude that the contractor had fulfilled its obligations under the contract and that final payment was due.
(2) In the absence of evidence to the contrary, the agency may find that substantial completion occurred at the time of
the first occurring of any of the following events: final inspection is completed, certificate of occupancy is issued, the
structure or portion of structure is in a habitable or usable condition, or most or all of payment is made if all of the
payment was not advanced before work was complete.
(3) Work under a warranty provision of a contract or repair to already completed work does not extend the date of
substantial completion, except that removal and replacement of completed work may extend the date of substantial
completion to the date the replacement work was substantially complete for purposes of a complaint arising from the
replacement work only.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.143

Page 35 of 167
History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2001, f. & cert. ef. 4-6-
01; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0760
Work as a Contractor Includes
“Work as a contractor”, as used in ORS 701.021 includes, but is not limited to:
(1) Except as modified by section (8) of this rule, construction, alteration, repair, improvement, inspection, set-up,
erection, moving, or demolition of a structure or any other improvement to real estate, including activities performed on-
site in the normal course of construction, or receiving and accepting any payments for the above.
(2) Concrete, asphalt and other testing that involves structural modifications, and soils testing associated with planned
or existing structures.
(3) Construction management.
(4) Excavation, backfill, grading, and trenching for the structure or its appurtenances or to accomplish proper drainage
and not for landscaping.
(5) Improvement of lots with the intent of selling lots with structure(s). This may include contracting with a primary
contractor to construct, alter or improve structures.
(6) Inspection of cross connections and testing of backflow prevention devices performed by persons licensed under ORS
448.279 by the Health Division except when performed by a person licensed as a landscape contracting business as
provided under 671.510 through 671.710 or when performed by an employee of a water supplier as defined in 448.115.
(7) Labor only, regardless of whether compensated by the hour or by the job.
(8) Pest control, if in the course of that work any structural modifications are performed. Structural modifications do not
include the following when performed by a pesticide operator licensed under ORS 634.116. Installation of soil vapor
barriers; sealing of holes, cracks, construction junctures or other small openings that allow the ingress of pests with
mortar, plaster, caulking, or similar materials; installation of screens, bird netting and bird repellent devices; installation
of rodent shields around utility entrances, doorways and other points of rodent ingress; and drilling of holes equal to or
smaller than 3/8 inch in diameter for the purpose of injecting insecticides into small voids, removal and replacement of
floor tiles for the purpose of drilling a slab floor for the control of subterranean termites; and the drilling of slab floors for
control of termites.
(9) Shoring.
(10) Shelving attached to a structure.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 448.115, 448.279, 671.510-671.710, 701.005, 701.021, 701.026
History: CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0780
Work as a Contractor Does Not Include
“Work as a contractor”, as used in ORS 701.021, does not include:
(1) Sign painting unless the total area of all signs is more than 60 square feet.
(2) Work performed by persons engaged in creating objects, which exist exclusively for aesthetic reasons and have no
other function, for example, murals, sculptures, etc., if said work by such person does not incorporate electrical or
plumbing.
(3) Work performed by government agencies, except a school district.
(4) Work performed in setting, placing, removing, or repairing grave markers or monuments in cemeteries.
(5) Work by an employee when both the employer and employee are in compliance with applicable employer/employee
requirements of ORS Chapters 305, 314, 316, 317, 318, 656, 657, and state and federal wage and hour laws.
(6) Concrete pumping.
(7) Utility connections done by utility company employees when the connection is owned by a utility company.

Page 36 of 167
(8) Installation or repair of stand-alone industrial equipment when such activities are exempt from the requirement for a
building permit under the Oregon Structural Specialty Code.
(9) Inspections done under contract with government agencies.
(10) Cable television work done by cable television franchise holders.
(11) Operation of a crane, including the lifting and placement of trusses or other construction materials onto the
structure.
(12) Improvement of lots with the intent of selling the lots without structures when contracting with licensed
contractors to perform the improvement of lots.
(13) Arranging for work to be performed by a licensed construction contractor when the person who arranges for the
work is a real estate licensee, licensed under ORS Chapter 696; the real estate licensee is representing the seller of the
property; and the real estate licensee is acting as the agent for the seller, as evidenced by a contract or agreement
between the real estate licensee and the seller.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 634.116, 701.010, 701.021, 701.026
History: CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert.
ef. 1-1-06; CCB 1-2001, f. & cert. ef. 4-6-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-1998, f. & cert. ef. 4-30-98

812-002-0800
Work Period
“Work Period” as used in, OAR 812-003-0150, 812-004-0320, 812-004-0600, 812-004-1320 and 812-004-1600 means
the time period from the date a contractor accepts a payment, offers a written proposal, enters into a contract or begins
construction, whichever occurs first, until the date the contractual work is substantially completed by the contractor, or
if not substantially completed, the date the work by the contractor ceased.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.139, 701.140, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-
10-04; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 6-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00; CCB 8-1998, f.
10-29-98, cert. ef. 11-1-98; CCB 4-1998, f. & cert. ef. 4-30-98

DIVISION 3
LICENSING

812-003-0100
Licensing Generally

(1) A license and its identifying license number will be issued to one entity only. Other entities shall not be included in
that license, but each shall be separately licensed and shall separately meet the licensing requirements. No entity may
perform work subject to ORS Chapter 701 through the use of another entity's license.
(2) Entities shall include but not be limited to the following:
(a) Sole proprietorship;
(b) Partnership, limited liability partnership or joint venture;
(c) Limited partnership;
(d) Corporation;
(e) Limited liability company; or
(f) Trust. For purposes of licensing, a trust will be treated the same as a corporation.
(3) The names of all partners or joint venturers of partnerships, limited liability partnerships and joint ventures must be
on record with the agency.
(4) The names of all general partners of limited partnerships must be on record with the agency. The agency will not

Page 37 of 167
maintain a record of limited partners.
(5) If an entity listed in section (2) of this rule changes to another type of entity its license will be terminated. The new
entity must license anew.
(6)(a) A licensee must be covered by a general liability insurance policy that complies with this rule. A general liability
insurance policy complies with this rule if it:
(A) Provides general liability insurance including public liability, personal injury and property damage insurance covering
the work of the contractor that is subject to ORS Chapter 701 which includes coverage for liability for products and
completed operations according to the terms of the policy and subject to applicable policy exclusions.
(B) Has policy limits in an amount not less than the applicable amount set forth in ORS 701.081 or 701.084.
(C) Bears the entity name of the covered person and, for existing licensees, bears the specific license name and number.
(D) Is issued by an insurance company with a certificate of authority from the Department of Consumer and Business
Services to transact liability insurance in Oregon.
(b) If multiple licensees are named insureds on a single insurance policy, the insurance policy must apply to each named
insured as if each named insured is the only named insured on that insurance policy and must apply separately to each
named insured against whom a claim is made or suit is brought.
(7) Each licensee must, at the time of application for licensing, present certification of general liability insurance that
complies with this rule.
(8)(a) Each applicant for initial licensing must, at the time of licensing, present a certification of general liability insurance
issued in the same name as the application and entity name filed at the Oregon Corporation Division, if applicable, for
which licensing is being sought.
(8)(b) Each applicant for licensing renewal, must at the time of licensing renewal, present a certification of general
liability insurance issued in the same name as the application and entity name filed at the Oregon Corporation Division, if
applicable, and the specific license number for which licensing renewal is being sought.
(9) Each licensee must maintain an active general liability insurance policy for the duration of the license. Each licensee
must notify its insurance company of the insurance company’s reporting obligation, pursuant to this rule, to notify CCB
of any termination of the insurance policy or exhaustion of the insurance policy limits.
(10) Should the insurance policy’s maximum limits for any licensee under an insurance policy covering multiple licensees
be exhausted, then all named insured licensees on that insurance policy must immediately cease work. No named
licensee may start work again, until the Board receives a certification from an insurer showing the insurance policy is
renewed, that the insurance policy limits have been reinstated, or that an alternate general liability insurance policy has
been written.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.021
History: CCB 3-2017, amend filed 10/30/2017, effective 11/01/2017; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 3-2005, f.
& cert. ef. 8-24-05; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0110
Standards of Behavior
(1) A contractor shall not engage in dishonest or fraudulent conduct injurious to the welfare of the public.
(2) A contractor shall cooperate fully with any investigation undertaken by the Board pursuant to ORS 701.225.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.098, 701.225
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0120
License Required to Advertise
(1) No person shall advertise or otherwise hold out to the public that person's services as a contractor unless that person
holds a current, valid license, nor shall any person claim by advertising or by any other means to be licensed, bonded, or

Page 38 of 167
insured unless that person holds a current, valid license.
(2) License number in advertising and contracts:
(a) All newsprint classified advertising and newsprint display advertising for work subject to ORS Chapter 701 prepared
by a contractor or at the contractor's request or direction, shall show the contractor's license number.
(b) All written bids, written inspection reports and building contracts subject to ORS Chapter 701 shall show the
contractor's license number.
(c) All telephone directory space ads and display ads shall show the contractor's license number.
(d) All advertisements by audio-only media, such as radio commercials, must contain an audible statement of the
contractor’s license number.
(e) All advertisements by video media or video and audio combined media, such as television commercials, must show
visually the contractor’s license number.
(f) All advertising by internet media, including but not limited to, website advertising must show visually the contractor’s
license number.
(g) All business cards, business letterhead, business signs at construction sites and all other written or visual advertising
shall show the contractor's license number. Written or visual advertising does not include permanently affixed or
attached signs at a contractor’s place, or places, of business that primarily and prominently display the contractor’s
name.
(h) This section does not apply to a company whose primary business is other than construction and has a Standard
Industrial Classification (SIC) code from other than Major Groups 15, 16, and 17.
(i) This section does not apply to promotional gifts, including, but not limited to, pencils, pens, cups and items of clothing.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.010, 701.021
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; BLI 28-2009, f. 12-1-09, cert. ef. 1-1-10; CCB 3-2009, f. 5-6-09, cert. ef.
6-1-09; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0131
License Endorsements
The following are license endorsements for new and renewal licenses:
(1) Residential General Contractor. A licensee holding this endorsement may bid or perform work involving an unlimited
number of unrelated building trades or crafts on residential or small commercial structures.
(2) Residential Specialty Contractor. A licensee holding this endorsement may:
(a) Bid or perform work involving two or less unrelated building trades or crafts on residential or small commercial
structures.
(b) If three or more unrelated trades or crafts are performed or subcontracted out, the entire contract price cannot
exceed $2,500.
(3) Residential Limited Contractor. A licensee holding this endorsement may bid or perform work involving residential or
small commercial structures, as long as all of the following conditions are met:
(a) The licensee’s annual gross business sales do not exceed $40,000.
(b) The licensee does not enter into a contract in which the contract price exceeds $5,000.
(c) If the contract price in a contract for work performed by the licensee is based on time and materials, the amount
charged by the licensee shall not exceed $5,000.
(d) The licensee consents to inspection by the Construction Contractors Board of its Oregon Department of Revenue tax
records to verify compliance with paragraph (3)(a) of this rule.
(e) For purposes of this section, “contract” includes a series of agreements between the licensee and a person for work on
any single work site within a one-year period.
(4) Residential Developer. A licensee holding this endorsement may develop property zoned for or intended for use
compatible with a residential or small commercial structure as long as the licensee meets the conditions in ORS 701.042.

Page 39 of 167
(5) Residential Locksmith Services Contractor. A licensee holding this endorsement may operate a business that provides
the services of locksmiths for residential or small commercial structures. The licensee may not, however, engage in any
other contractor activities. The licensee must have at least one owner or employee who is a certified locksmith.
(6) Home Inspector Services Contractor. A licensee holding this endorsement may operate a business that provides the
services of home inspectors. The licensee may not, however, engage in any other contractor activities. The licensee must
have at least one owner or employee who is a certified home inspector.
(7) Home Services Contractor. A licensee holding this endorsement may operate a business that provides service, repair
or replacement pursuant to the terms of a home service agreement. The licensee may not, however, engage in any other
contractor activities.
(8) Home Energy Performance Score Contractor. A licensee holding this endorsement may operate a business that
assigns home energy performance scores. The licensee may not, however, engage in any other contractor activities. The
licensee must have at least one owner or employee who is a certified home energy assessor.
(9) Residential Restoration Contractor. A licensee holding this endorsement may perform restoration work on
residential or small commercial structures. A licensee holding this endorsement is not licensed to engage in any other
contractor activities.
(10) Commercial General Contractor – Level 1. A licensee holding this endorsement may bid or perform work involving
an unlimited number of unrelated building trades or crafts on small or large commercial structures.
(11) Commercial Specialty Contractor – Level 1. A licensee holding this endorsement may bid or perform work involving
two or less unrelated building trades or crafts on small or large commercial structures.
(12) Commercial General Contractor – Level 2. A licensee holding this endorsement may bid or perform work involving
an unlimited number of unrelated building trades or crafts on small or large commercial structures.
(13) Commercial Specialty Contractor – Level 2. A licensee holding this endorsement may bid or perform work involving
two or less unrelated building trades or crafts on small or large commercial structures.
(14) Commercial Developer. A licensee holding this endorsement may develop property zoned for or intended for use
compatible with a small or large commercial structure as long as the licensee meets the conditions in ORS 701.042.
(15) Construction Flagging Contractor. A licensee holding this endorsement may direct or control the flow of motor
vehicle traffic on a public roadway to prevent or reduce conflict between the flow of traffic and construction activity on
or near the roadway.
(16) A contractor’s license may contain:
(a) One residential endorsement;
(b) One commercial endorsement; or
(c) One residential endorsement and one commercial endorsement.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.042, 701.081, 701.084, 701.470, 701.540
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 2-2016, f. 12-29-16, cert. ef. 1-1-17; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

812-003-0142
License Application Fees
(1) The application fee for all new, renewal, or reissued licenses is $325.
(2) For the period from July 1, 2017, through June 30, 2019, the application fee for all new, renewal, or reissued licenses
is $250.
(3) Except as provided in section (4) of this rule, application fees will not be refunded.
(4) If a licensee submits an application to renew a license and the agency cannot renew the license because the applicant
has formed a new business entity, the agency may refund the renewal application fee, less a $40 processing fee.
(5)(a) Any licensee in the United States armed forces need not pay a license renewal fee if such fee would be due during
the licensee’s active duty service.

Page 40 of 167
(b) A licensee in the United States armed forces shall pay the next license renewal fee that will become due after the
licensee is discharged from active duty service.
(c) The agency may request that the licensee provide documentation of active duty status and of discharge.
(d) Section (5) of this rule applies to licensees that are sole proprietors or partners in a general partnership.
Statutory/Other Authority: ORS 670.310, 701.238, 701.235
Statutes/Other Implemented: ORS 701.056, 701.063, 701.238
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert.
ef. 5-5-14 thru 10-31-14

812-003-0152
Residential Bonds Generally

(1) A properly executed residential bond must:

(a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and
must be filed within the time stated on the bond.
(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Residential
Surety Bond” dated November 8, 2015.
(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security
required under ORS 701.068 or 701.088 is in effect, the security must be held until final disposition of the complaint.
(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file
transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original
bond document to the agency upon request.
(4) A residential bond is available only for payments determined by the agency involving residential or small commercial
structures or for the development of property zoned or intended for use compatible with residential or small commercial
structures.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.068, 701.081
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB
11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

812-003-0153
Commercial Bonds Generally

(1) A properly executed commercial bond must:

(a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and
must be filed within the time stated on the bond.
(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial
Surety Bond” dated November 28, 2015.
(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security
required under ORS 701.068 is in effect, the security must be held until final disposition of the complaint.
(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file
transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original
bond document to the agency upon request.
(4) A commercial bond is available only for payments determined by the agency involving small or large commercial
structures or for the development of property zoned or intended for use compatible with large or small commercial
structures.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.068, 701.084

Page 41 of 167
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB
11-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

812-003-0154
Construction Flagger Bonds
(1) A properly executed construction flagger bond must:
(a) Be signed by an authorized agent of the surety or by one having power of attorney; must bear a bond number; and
must be filed within the time stated on the bond.
(b) Be in the form adopted by the Construction Contractors Board as the “Construction Flagging Contractor Surety
Bond” dated July 1, 2017.
(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security
required under ORS 701.068 and 701.470 is in effect, the security must be held until final disposition of the complaint.
(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file
transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original
bond document to the agency upon request.
(4) A construction flagger bond is available only for payments determined by the agency involving construction flagging.
Statutory/Other Authority: 670.310, 701.235
Statutes/Other Implemented: 701.470
History: CCB 4-2017, adopt filed 11/22/2017, effective 12/01/2017

812-003-0155
Letters of Credit or Cash Deposits, Generally
(1) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug
manufacturing site may provide a properly executed letter of credit as adopted by the Construction Contractors Board
in the form entitled “Letter of Credit for Licensee Rehabilitating Illegal Drug Manufacturing Site” dated December 18,
2007.
(2) A general or specialty contractor that is a qualifying nonprofit organization engaged in rehabilitating an illegal drug
manufacturing site may provide a properly executed cash deposit as adopted by the Construction Contractors Board in
the form entitled “Assignment of Savings Account or Certificate of Deposit for Licensee Rehabilitating Illegal Drug
Manufacturing Site,” dated December 18, 2007.
(3) If a complaint is filed against a licensee for work done during the work period of a contract entered while the letter of
credit or cash deposit is in effect, the agency shall provide notice to the bank or financial institution that issued the letter
of credit or cash deposit. The bank or financial institution must hold the letter of credit or cash deposit until final
disposition of the complaint.
(4) Letters of credit or cash assignment documents received at the agency office from a bank or financial institution via
electronic facsimile may be accepted as original documents. The bank or financial institution must provide the original
documents to the agency upon request.
(5) References in other provisions of Chapter 812 to letters of credit or cash deposits apply only to licenses issued under
ORS 701.088 and this section.
Statutory/Other Authority: ORS 670.310, 701.085, 701.235
Statutes/Other Implemented: ORS 701.088
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-003-0160
Entity Name Required on Bond, Letter of Credit or Cash Deposit
(1) The name of the entity as it appears on the bond, letter of credit or cash deposit must be the same as the name on the
application and entity name filed at the Oregon Corporation Division (if applicable).
(a) If the entity is a sole proprietorship, the bond, letter of credit or cash deposit must include the name of the sole

Page 42 of 167
proprietor;
(b) If the entity is a partnership, or joint venture, the bond, letter of credit or cash deposit must include the names of all
partners (except limited partners);
(c) If the entity is a limited liability partnership, the bond, letter of credit or cash deposit must be issued in the name of all
partners and the name of the limited liability partnership;
(d) If the entity is a limited partnership, the bond, letter of credit or cash deposit must be issued in the name of all general
partners and the name of the limited partnership and any other business names(s) used. Limited partners do not need to
be listed on the bond, letter of credit or cash deposit;
(e) If the entity is a corporation or trust, the bond, letter of credit or cash deposit must be issued showing the corporate
or trust name; or
(f) If the entity is a limited liability company, the bond, letter of credit or cash deposit must be issued in the name of the
limited liability company.
(2) If at any time an entity amends its entity name, the agency must be notified within 30 days of the date of the change.
(3) The inclusion or exclusion of business name(s) on a bond, letter of credit or cash deposit does not limit the liability of
an entity. Complaints against a licensed entity will be processed regardless of business names used by an entity.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-
1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0171
Bond, Letter of Credit or Cash Deposit
For all new and renewal license applications, a surety bond as required under ORS 701.068, or a surety bond, letter of
credit or cash deposit as required under ORS 701.088, must be in one of the following amounts:
(1) Residential General Contractor — $20,000.
(2) Residential Specialty Contractor — $15,000.
(3) Residential Limited Contractor — $10,000.
(4) Residential Developer — $20,000.
(5) Residential Locksmith Services Contractor — $10,000.
(6) Home Inspector Services Contractor — $10,000.
(7) Home Services Contractor — $10,000.
(8) Home Energy Performance Score Contractor — $10,000.
(9) Residential Restoration Contractor — $10,000.
(10) Commercial General Contractor Level 1 — $75,000.
(11) Commercial Specialty Contractor Level 1 — $50,000.
(12) Commercial General Contractor Level 2 — $20,000.
(13) Commercial Specialty Contractor Level 2 — $20,000.
(14) Commercial Developer — $20,000.
(15) Construction Flagging Contractor — $20,000.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.081, 701.084, 701.088, 701.470, 701.540
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 2-2016, f. 12-29-16, cert. ef. 1-1-17; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

812-003-0175
Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity
(1) A business, including an individual person, applying for or renewing a license will file a bond, letter of credit or cash
deposit in an amount up to five times the amount required for the category of license under OAR 812-003-0171, if:

Page 43 of 167
(a) The business has unpaid debts under a final order, arbitration award or determination of the board;
(b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the
board; or
(c) An owner or officer of the business was an owner or officer of another business at the time the other business
incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains
unpaid.
(2) A business, including an individual person, licensed as a residential general contractor or residential specialty
contractor that applies to be licensed as, or seeks to change its endorsement to, a residential limited contractor must file
a bond, letter or credit or cash deposit in an amount of five times the amount of the residential limited contractor bond,
namely $50,000, if:
(a) The business has unpaid debts under a final order, arbitration award or determination of the board;
(b) An owner or officer of the business has unpaid debts under a final order, arbitration award or determination of the
board; or
(c) An owner or officer of the business was an owner or officer of another business at the time the other business
incurred a debt that is the subject of a final order, arbitration award or determination of the board and such debt remains
unpaid.
(3) For purposes of this rule, “owner” means an “owner” as defined in ORS 701.094 and OAR 812-002-0537.
(4) For purposes of this rule, “officer” means an “officer” as defined in ORS 701.005(12).
(5) Debts due under a final order or arbitration award of the board include amounts not paid by a surety or financial
institution on complaints.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 10-2008, f. 6-30-08,
cert. ef. 7-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 15-2006, f. 12-
12-06, cert. ef. 1-1-07; CCB 9-2006, f. & cert. ef. 9-5-06; CCB 4-2006(Temp), f. & cert. ef. 3-9-06 thru 9-5-06

812-003-0180
Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit
(1) The surety bond, letter of credit or cash deposits effective date is the date on which the licensee has first met all
requirements for licensing, renewal or reissue as determined by the agency.
(2) The bond shall remain in effect and be continuous until cancelled by the surety or until the licensee no longer meets
the requirements for licensing as determined by the agency, whichever comes first.
(3) A surety bond may be cancelled by the surety only after the surety has given 30 days' notice to the agency.
Cancellation will be effective no less than 30 days after receipt of the cancellation notice.
(4) The letter of credit or cash deposit shall remain in effect and be continuous until released by the agency.
(5) Immediately upon cancellation of the bond, or cancellation without an authorized release by the agency of a letter of
credit or cash deposit the agency may send an emergency suspension notice to the contractor as provided for in ORS
701.098(4)(a)(A), informing the contractor that the license has been suspended.
(6) The bond, letter of credit or cash deposit shall be subject to final orders or arbitration awards as described in OAR
812-004-0600 or determinations as described in OAR 812-004-1600.
(7) The surety or financial institution will be responsible for ascertaining the bond, letter of credit or cash deposit’s
effective date.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088, 701.098
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0190

Page 44 of 167
New Bond, Letter of Credit or Cash Deposit Required for Change in Entity
(1) If an entity licenses as a sole proprietorship, partnership, limited liability partnership, limited partnership, joint
venture, corporation, limited liability company, business trust or any other entity and seeks to change the licensed entity
to one of the other entity types, the application must be accompanied by a new:
(a) Bond separate from the bond held for the previous entity;
(b) Letter of credit separate from the letter of credit held for the previous entity; or
(c) Cash deposit separate from the previous cash deposit held for the previous entity.
(2) Riders to existing bonds changing the type of entity bonded will be construed as a cancellation of the bond and will
not be otherwise accepted.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-
1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0200
Insurance Generally
(1) An applicant for a license, renewal or reissue shall certify that the applicant:
(a) Has procured insurance from an insurer transacting insurance in Oregon; and
(b) Will continue to meet those insurance requirements for as long as the applicant is licensed.
(2) Licensees shall provide a certificate of insurance or other evidence of insurance as required by the agency upon
request or prior to the expiration date of their insurance.
(3) A certificate of insurance must include:
(a) The name of the insurer;
(b) Policy or binder number;
(c) Effective dates of coverage;
(d) Coverage in at least the amount required in OAR 812-003-0221;
(e) A statement that products and completed operations coverage is included as required by ORS 701.073(1).
(f) The agent's name, and agent's telephone number; and
(g) The CCB listed as the certificate holder.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.073, 701.098
History: CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert.
ef. 1-1-08; CCB 8-2006, f. & cert. ef. 9-5-06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0210
Entity Name Required on Insurance Certification
(1) The name of the entity as it appears on the certificate of insurance or other evidence of insurance must be the same as
the name on the application and entity name filed at the Oregon Corporation Division (if applicable).
(a) If the entity is a sole proprietorship, the certificate of insurance or other evidence of insurance must include the name
of the sole proprietor;
(b) If the entity is a partnership, or joint venture, the certificate of insurance or other evidence of insurance must include
the names of all partners (except limited partners);
(c) If the entity is a limited liability partnership, the certificate of insurance or other evidence of insurance must be issued
in the name of all partners and the name of the limited liability partnership;
(d) If the entity is a limited partnership, the certificate of insurance or other evidence of insurance must be issued in the
name of all general partners and the name of the limited partnership and any other business names(s) used. Limited
partners do not need to be listed on the certificate of insurance or other evidence of insurance;
(e) If the entity is a corporation or trust, the certificate of insurance or other evidence of insurance must be issued

Page 45 of 167
showing the corporate or trust name; or
(f) If the entity is a limited liability company, the certificate of insurance or other evidence of insurance must be issued in
the name of the limited liability company.
(2) If at any time an entity amends its entity name, the agency must be notified within 30 days of the date of the change.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.073
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0221
Insurance Amounts
For all new and renewal license applications, insurance amounts as required under ORS 701.073, 701.081, and 701.084,
must be in one of the following amounts:
(1) Residential General Contractor — $500,000 per occurrence.
(2) Residential Specialty Contractor — $300,000 per occurrence.
(3) Residential Limited Contractor — $100,000 per occurrence.
(4) Residential Developer — $500,000 per occurrence.
(5) Residential Locksmith Services Contractor — $100,000 per occurrence.
(6) Home Inspector Services Contractor — $100,000 per occurrence.
(7) Home Services Contractor — $100, 000 per occurrence.
(8) Home Energy Performance Score Contractor — $100,000 per occurrence.
(9) Residential Restoration Contractor — $100,000 per occurrence.
(10) Commercial General Contractor Level 1 — $2,000,000 aggregate.
(11) Commercial Specialty Contractor Level 1 — $1,000,000 aggregate.
(12) Commercial General Contractor Level 2 — $1,000,000 aggregate.
(13) Commercial Specialty Contractor Level 2 — $500,000 per occurrence.
(14) Commercial Developer— $500,000 per occurrence.
(15) Construction Flagging Contractor — $500,000 per occurrence.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.073, 701.081, 701.084, 701.470, 701.540
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 2-2016, f. 12-29-16, cert. ef. 1-1-17; CCB 6-2013, f. 12-19-13,
cert. ef. 1-1-14; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

812-003-0230
Effective and Cancellation Dates of the Insurance
(1) For purposes of licensing, the effective date of the insurance required under ORS 701.073, 701.081 and 701.084 is
the date on which the licensee has first met all requirements for licensing, renewal or reissue as determined by the
agency.
(2) The insurance described in section (1) of this rule shall remain in effect until the license is suspended, terminated,
revoked, expired, lapsed, or inactive, or until the insurance expires or a cancellation notice is provided by the insurer.
(3) Immediately upon cancellation or expiration of the insurance described in section (1) of this rule, the agency may send
an emergency suspension notice to the contractor as provided for in ORS 701.098(4)(a)(B), informing the contractor that
the license has been suspended.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.073, 701.081, 701.084, 701.098
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0240
Independent Contractor

Page 46 of 167
(1) Purpose of Rule. The Landscape Contractors Board, Department of Revenue, Department of Consumer and Business
Services, Employment Department, and Construction Contractors Board must adopt rules together to carry out ORS
670.600. ORS 670.600 defines “independent contractor” for purposes of the programs administered by these agencies.
This rule is intended to ensure that all five agencies apply and interpret 670.600 in a consistent manner; to clarify the
meaning of terms used in 670.600; and, to the extent possible, to enable interested persons to understand how all five
agencies will apply 670.600.
(2) Statutory Context.
(a) ORS 670.600 generally establishes three requirements for “independent contractors”. One requirement is that an
“independent contractor” must be engaged in an “independently established business.” Another requirement is related
to licenses and certificates that are required for an “independent contractor” to provide services. A third requirement is
that an “independent contractor” must be “free from direction and control over the means and manner” of providing
services to others.
(b) The specific focus of this rule is the “direction and control” requirement. See ORS 670.600 for the requirements of the
“independently established business” test and for licensing and certification requirements.
(3) Direction and Control Test.
(a) ORS 670.600 states that an "independent contractor" must be "free from direction and control over the means and
manner" of providing services to others. The agencies that have adopted this rule will use the following definitions in
their interpretation and application of the “direction and control” test:
(A) “Means” are resources used or needed in performing services. To be free from direction and control over the means
of providing services an independent contractor must determine which resources to use in order to perform the work,
and how to use those resources. Depending upon the nature of the business, examples of the "means" used in performing
services include such things as tools or equipment, labor, devices, plans, materials, licenses, property, work location, and
assets, among other things.
(B) “Manner” is the method by which services are performed. To be free from direction and control over the manner of
providing services an independent contractor must determine how to perform the work. Depending upon the nature of
the business, examples of the "manner" by which services are performed include such things as work schedules, and
work processes and procedures, among other things.
(C) “Free from direction and control” means that the independent contractor is free from the right of another person to
control the means or manner by which the independent contractor provides services. If the person for whom services are
provided has the right to control the means or manner of providing the services, it does not matter whether that person
actually exercises the right of control.
(b) Right to specify results to be achieved. Specifying the final desired results of the contractor’s services does not
constitute direction and control over the means or manner of providing those services.
(4) Application of “direction and control” test in construction and landscape industries.
(a) The provisions of this section apply to:
(A) Architects registered under ORS 671.010 to 671.220;
(B) Landscape architects licensed under ORS 671.310 to 671.479;
(C) Landscape contracting businesses licensed under ORS 671.510 to 671.710;
(D) Engineers licensed under ORS 672.002 to 672.325; and
(E) Construction contractors licensed under ORS chapter 701.
(b) A licensee described in (4)(a), that is paying for the services of a subcontractor in connection with a construction or
landscape project, will not be considered to be exercising direction or control over the means or manner by which the
subcontractor is performing work when the following circumstances apply:
(A) The licensee specifies the desired results of the subcontractor’s services by providing plans, drawings, or
specifications that are necessary for the project to be completed.
(B) The licensee specifies the desired results of the subcontractor’s services by specifying the materials, appliances or
plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for

Page 47 of 167
the project to be completed.
(C) When specified by the licensee’s customer or in a general contract, plans, or drawings and in order to specify the
desired results of the subcontractor’s services, the licensee provides materials, appliances, or plants, including, but not
limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air
conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed
by subcontractors in the performance of their work, and which are necessary for the project to be completed.
(D) The licensee provides, but does not require the use of, equipment (such as scaffolding or forklifts) at the job site,
which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such
equipment.
(E) The licensee has the right to determine, or does determine, in what sequence subcontractors will work on a project,
the total amount of time available for performing the work, or the start or end dates for subcontractors working on a
project.
(F) The licensee reserves the right to change, or does change, in what sequence subcontractors will work on a project, the
total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.
(5) As used in ORS Chapters 316, 656, 657, 671 and 701, an individual or business entity that performs labor or services
for remuneration shall be considered to perform the labor or services as an “independent contractor” if the standards of
670.600 are met.
(6) The Construction Contractors Board, Employment Department, Landscape Contractors Board, Workers
Compensation Division, and Department of Revenue of the State of Oregon, under authority of ORS 670.605, will
cooperate as necessary in their compliance and enforcement activities to ensure among the agencies the consistent
interpretation and application of 670.600.
(7) The Board adopts the form "Independent Contractor Certification Statement" as revised January 17, 2006. An
applicant must use this form to meet the requirements of ORS 701.046(1)(k).
Statutory/Other Authority: ORS 670.310, 670.605, 701.235
Statutes/Other Implemented: ORS 670.600, 670.605, 701.005, 701.046
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 1-2007, f. 1-25-07, cert. ef. 2-1-07; CCB 5-2006, f. & cert. ef. 3-30-06; CCB 1-2006(Temp), f. & cert.
ef. 1-11-06 thru 7-10-06; CCB 6-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0250
Exempt and Nonexempt Class of Independent Contractor Licenses
Contractors shall license as either nonexempt or exempt as provided in ORS 701.035.
(1) The nonexempt class is composed of the following entities:
(a) Sole proprietorships with one or more employees or that utilize one or more workers supplied by a worker leasing
company;
(b) Partnerships or limited liability partnerships with one or more employees or that utilize one or more workers supplied
by a worker leasing company;
(c) Partnerships or limited liability partnerships with more than two partners if any of the partners are not family
members;
(d) Joint ventures with one or more employees or that utilize one or more workers supplied by a worker leasing
company;
(e) Joint ventures with more than two joint venturers if any of the joint venturers are not family members;
(f) Limited partnerships with one or more employees or that utilize one or more workers supplied by a worker leasing
company;
(g) Limited partnerships with more than two general partners if any of the general partners are not family members;
(h) Corporations with one or more employees or that utilize one or more workers supplied by a worker leasing company;
(i) Corporations with more than two corporate officers if any of the corporate officers are not family members;

Page 48 of 167
(j) Trusts with one or more employees or that utilize one or more workers supplied by a worker leasing company;
(k) Trusts with more than two trustees if any of the trustees are not family members.
(l) Limited liability companies with one or more employees or that utilize one or more workers supplied by a worker
leasing company; or
(m) Limited liability companies with more than two members if any of the members are not family members.
(2) The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited
partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.
(3) An exempt contractor may work with the assistance of individuals who are employees of or workers supplied by a
worker leasing company to a nonexempt contractor as long as the nonexempt contractor or the nonexempt contractor’s
worker leasing company:
(a) Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employees with workers' compensation
insurance; and
(b) Does the payroll and pays all its employees, including those employees who assist an exempt contractor.
(4) Except as provided in sections (5) through (8) of this rule, entities shall supply the following employer account
numbers as required under ORS 701.046:
(a) Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and
policy or binder number;
(b) Oregon Employment Department and Oregon Department of Revenue combined business identification number; and
(c) Internal Revenue Service employer identification number or federal identification number.
(5) Exempt entities are not required to supply employer account numbers under section (4) of this rule except as follows:
(a) Partnerships, joint ventures, limited liability partnerships, and limited partnerships that have no employees and are
not directly involved in construction work may be classed as exempt when the entity certifies that all partners or joint
venturers qualify as nonsubject workers under ORS 656.027. Such partnerships or joint ventures must supply the
Internal Revenue Service employer identification number or federal identification number.
(b) Corporations qualifying as exempt under ORS 656.027(10) must supply the Oregon Employment Department and
Oregon Department of Revenue combined business identification number unless the corporation certifies that
corporate officers receive no compensation (salary or profit) from the corporation.
(c) Corporations qualifying as exempt must supply the Internal Revenue Service employer identification number or
federal identification number.
(d) Limited liability companies must supply the Internal Revenue Service employer identification number or federal
identification number unless the limited liability company has only one member and has no employees.
(6) Nonexempt entities that utilize volunteers that qualify under ORS 656.027 (20) or that utilize one or more workers
supplied by a worker leasing company need not supply an Oregon workers’ compensation account number or workers’
compensation insurance carrier name and policy or binder number.
(7) Nonexempt entities that utilize one or more workers supplied by a worker leasing company and have no other
applicable tax reporting obligations need not supply:
(a) An Internal Revenue Service employer identification number or federal identification number; or
(b) An Oregon Employment Department and Oregon Department of Revenue combined business identification number.
(8) Out-of-state applicants with no Oregon subject workers as provided in ORS 656.126 and OAR 436-050-0055 must
supply their home state account numbers, and need not supply an Oregon workers' compensation account number.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.035, 701.098
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 9-2004, f. & cert. ef. 12-
10-04, Renumbered from 812-003-0002; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB
4-1999, f. & cert. ef. 6-29-99; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-1997, f.
7-7-97, cert. ef. 7-8-97; CCB 3-1995, f. 9-7-95, cert. ef. 9-9-95; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1993, f. 8-

Page 49 of 167
17-93, cert. ef. 8-18-93; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 1-1989, f. & cert. ef. 11-1-89

812-003-0260
Application for New License

(1) Each entity must complete an application form prescribed by the agency. Information provided on the form must
include, but not be limited to:
(a) Name of business entity, all additional business names, including assumed business names, under which business as a
contractor is conducted, and Corporation Division registry numbers (if applicable);
(b) Mailing and location address of the business entity;
(c) Legal name and address (which may be the business address) of:
(A) The owner of a sole proprietorship;
(B) All partners of a general partnership or limited liability partnership;
(C) All joint venturers of a joint venture;
(D) All general partners of a limited partnership;
(E) All corporate officers of a corporation;
(F) All trustees of a trust;
(G) The manager and all members of a manager-managed limited liability company, and, if one or more of the members is
a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability
company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a
member of the limited liability company that is the subject of this paragraph;
(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership,
limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited
liability company that is the subject of this paragraph; or
(I) The responsible managing individual designated by the applicant.
(d) Except for a public company, the date of birth and driver license number or number associated with United States
government-issued identification of:
(A) The owner of a sole proprietorship;
(B) All partners of a general partnership or limited liability partnership;
(C) All joint venturers of a joint venture;
(D) All general partners of a limited partnership;
(E) All corporate officers of a corporation;
(F) All trustees of a trust;
(G) The manager and all members of a manager-managed limited liability company, and, if one or more of the members is
a partnership, limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability
company, the general partners, venturers, corporate officers, trustees, managers or members of the entity that is a
member of the limited liability company that is the subject of this paragraph;
(H) All members of a member-managed limited liability company, and, if one or more of the members is a partnership,
limited liability partnership, joint venture, limited partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the entity that is a member of the limited
liability company that is the subject of this paragraph; or
(I) The responsible managing individual designated by the applicant.
(J) For purposes of this subsection, a “public company” means any business entity that offers securities registered for sale
by the federal Securities and Exchange Commission to the general public.
(e) Social security number of the owner of a sole proprietorship or partners, if partners are human beings, in a general

Page 50 of 167
partnership;
(f) Class of independent contractor license and employer account numbers as required under OAR 812-003-0250;
(g) License endorsement sought, as provided for under OAR 812-003-0131;
(h) The driver license number or number associated with United States government-issued identification of the
responsible managing individual who has completed the education and passed the examination required under ORS
701.122 or is otherwise exempt under division 6 of these rules;
(i) The Standard Industrial Classification (SIC) numbers of the main construction activities of the entity;
(j) Names and certification numbers of all certified locksmiths if the entity is a Residential Locksmith Services Contractor
or will do work providing locksmith services under ORS 701.475 to 701.490;
(k) Names and certification numbers of all certified home inspectors if the entity will do work as a home inspector under
ORS 701.350;
(L) Names and certification numbers of all certified home energy assessors if the entity is a Home Energy Performance
Score Contractor providing home energy performance scores under ORS 701.527 to 701.536 or will do work providing
home energy performance scores.
(m) For each person described in subsection (1)(c) of this section, the following information if related to construction
activities:
(A) If unsatisfied on the date of application, a copy of a final judgment 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;
(B) If unsatisfied on the date of application, a copy of a final order 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 public body;
(C) If pending on the date of application, a copy of a court complaint filed in any state that alleges that the person owes
money to another person or public body; or
(D) If pending on the date of application, a copy of an administrative notice of action issued in any state that alleges that
the person owes money to another person or public body.
(n) For each person described in subsection (1)(c) of this section, the following information if related to construction
activities;
(A) A copy of a judgment of conviction for a crime listed in ORS 701.098(1)(i), entered within five years preceding the
application date; or
(B) A copy of an indictment for a crime listed in ORS 701.098(1)(i), entered within five years preceding the application
date.
(C) In addition to documents required in paragraphs (1)(l)(A) and (B) of this section, copies of police reports, parole or
probation reports indicating parole or probation officer’s name and phone number, and letters of reference.
(o) Independent contractor certification statement and a signed acknowledgment that if the licensee qualifies as an
independent contractor the licensee understands that the licensee and any heirs of the licensee will not qualify for
workers' compensation or unemployment compensation unless specific arrangements have been made for the licensee’s
insurance coverage and that the licensee’s election to be an independent contractor is voluntary and is not a condition of
any contract entered into by the licensee;
(p) Signature of owner, partner, joint venturer, corporate officer, member or trustee, signifying that the information
provided in the application is true and correct; and
(2) A complete license application includes but is not limited to:
(a) A completed application form as provided in section (1) of this rule;
(b) The new application license fee as required under OAR 812-003-0142;
(c) A properly executed bond, letter of credit or assignment of savings as required under OAR 812-003-0152, 812-003-
0153, 812-003-0154 or 812-003-0155; and
(d) The certification of insurance coverage as required under OAR 812-003-0200.
(3) The agency may return an incomplete license application to the applicant with an explanation of the deficiencies.
(4) All entities listed in section (1) of this rule that are otherwise required to be registered with the Oregon Corporation

Page 51 of 167
Division must be registered with the Oregon Corporation Division and be active and in good standing. All assumed
business names used by persons or entities listed in section (1) of this rule must be registered with the Oregon
Corporation Division as the assumed business name of the person or entity using that name.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 25.270, 25.785, 25.990, 701.035, 701.050, 701.056, 701.068, 701.073, 701.081,
701.088, 701.122
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-
2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-
14; CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 12-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 8-2008, f. 4-28-08, cert. ef.
7-1-08; CCB 6-2008, f. & cert .ef. 3-24-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-
1-08; CCB 6-2007, f. 8-29-07, cert. ef. 9-1-07; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 8-2006, f. & cert. ef. 9-5-
06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0270
Effective Dates of New License
(1) A completed application as required under OAR 812-003-0260 shall be on file with the agency before a new license
may be issued.
(2) Licenses will be issued for a period of two years.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 3-2008(Temp), f. & cert. ef. 1-10-08 thru 7-7-08; CCB 9-2004, f. &
cert. ef. 12-10-04

812-003-0280
Renewal and Reissue of License
Each entity must complete a form prescribed by the agency. Notwithstanding OAR 812-003-0300(4), a license may be
renewed or reissued upon:
(1) The applicant's completion of the renewal form or application form prescribed by the agency including, but not
limited to, the information provided in OAR 812-003-0260;
(2) Payment of the fee or fees,
(3) Receipt of the required certification of insurance coverage, and
(4) Receipt of a commercial and/or residential bond, letter of credit or cash deposit. If it appears to the agency that the
required letter of credit or cash deposit has terminated or expired, the applicant must submit a new bond, letter of credit
or cash deposit.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.068, 701.073, 701.081
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 12-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0290
License Renewal, Reissue, New Issue; Effective Dates; Term
(1) Except as provided in section (3) of this rule, a completed renewal or reissue application required under OAR 812-
003-0260 shall be on file with the agency before a license may be renewed or reissued.
(2) In order to obtain a renewed or reissued license, a contractor must provide the following:
(a) A completed application form;
(b) Proof of insurance;
(c) A commercial or residential bond, or both (as indicated by the contractor’s endorsement(s));
(d) Where authorized by ORS 701.088, a letter of credit or cash deposit in lieu of the bond; and

Page 52 of 167
(e) An application fee.
(3) If agency error causes the delayed receipt of the required documents or fee, the agency may renew or reissue the
license with an effective date before the date on which all requirements were satisfied. Otherwise, all documents and
fees must be received by the agency before the agency may renew or reissue the license.
(4) If a contractor satisfies all requirements for license renewal before the expiration date:
(a) The license is renewed; and
(b) The effective date of the license is the expiration date.
(5) If a contractor continuously maintains a bond and insurance and satisfies all requirements for renewal within two
years after the expiration date:
(a) The license is renewed and backdated; and
(b) The effective date of the license is the expiration date.
(6) If a contractor fails to continuously maintain a bond or insurance but satisfies all requirements for renewal within two
years after the expiration date:
(a) The license is reissued; and
(b) The effective date of the license is the date when all requirements for reissue are met.
(7) If a contractor satisfies all requirements for renewal more than two years after the expiration date, the license cannot
be renewed or reissued. The contractor must apply for a new license under OAR 812-030-0260.
(8) Licenses will be reissued or renewed for a period of two years.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2004, f. & cert. ef. 12-10-04, CCB 7-2007, f. 12-13-07, cert. ef.
1-1-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10; CCB 14-2010,
f. 8-24-10, cert. ef. 9-1-10; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11

812-003-0300
Consequence of Lapse in License
(1) An entity whose license has lapsed is considered unlicensed from the date the lapse occurred unless or until the date
the license is:
(a) Backdated and renewed;
(b) Reissued; or
(c) Reinstated.
(2) During a period of lapse, the entity shall not perform the work of a contractor.
(3) Except as provided in OAR 812-003-0290, a period of lapse will end and the license previously issued will again
become valid on the date upon which the agency receives the missing items that caused the lapse.
(4) A license that has lapsed for 24 months or more must be issued a new identifying license number.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.026, 701.063, 701.098
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 12-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0310
License Cards
(1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under
OAR 812-003-0270 or 812-003-0290.
(2) A license and pocket card is valid for the term for which it is issued only if all of the following conditions are met
throughout the license period:
(a) The surety bond, letter of credit or cash deposit remains in effect and undiminished by payment of Construction
Contractors Board final orders.

Page 53 of 167
(b) The insurance required by ORS 701.073 remains in effect.
(c) If the licensee is a sole proprietorship, the sole proprietorship survives.
(d) If the licensee is a partnership or limited liability partnership, the composition of the partnership remains unchanged,
by death or otherwise.
(e) If the licensee is a limited partnership, the composition of the general partners remains unchanged, by death or
otherwise.
(f) If the licensee is a corporation, trust, or limited liability company, the corporation, trust or limited liability company
survives and complies with all applicable laws governing corporations, trusts or limited liability companies.
(3) If the licensee’s bond is cancelled, the license will lapse 30 days from the date the cancellation is received by the
agency.
(4) If a license becomes invalid, the agency may require the return of the license and pocket card.
(5) There is no charge for the original license and pocket card issued by the agency.
(6) There is a $10 fee to replace a license and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063, 701.088
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 9-2008, f. 6-11-08, cert.
ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0320
Record Changes
(1) Every licensed entity that changes its name, including any assumed business name under which it may operate, must
notify the agency within 30 days of assuming, filing or registering the new name. This section also applies to sole
proprietors that change their surname.
(2) Except as provided in OAR 812-003-0190, requests for business name amendments of a partnership, joint venture,
corporation, limited liability company, limited partnership or limited liability partnership shall be accompanied by a rider
from the surety and a new Certificate of Insurance to reflect the amended name.
(3) With the exception of record changes due to agency error, a record change request shall be submitted in writing or, if
the agency permits, electronically.
(4) Except as provided in sections (5) and (6) of this rule, requests for record changes that require a new license card shall
be accompanied by a $20 fee.
(5) No charge will be made for an address change.
(6) No charge will be made for changing independent contractor license class under ORS 701.035 if the licensed entity
makes the change electronically.
Statutory/Other Authority: ORS 670.310, 701.235, 701.238
Statutes/Other Implemented: ORS 701.056, 701.068, 701.088, 701.238
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; 1BB 5, f. 6-15-76, ef. 7-1-76; 1BB 7, f. & ef. 11-14-77; 1BB 1-1978, f. &
ef. 5-23-78; 1BB 5-1980, f. & ef. 10-7-80; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from
812-011-0015; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; CCB 1-1989, f. & cert. ef. 11-1-89;
CCB 5-1999, f. & cert. ef. 9-10-99; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 10-2000, f. & cert. ef. 8-24-00; CCB 9-
2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0005; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2009, f.
5-6-09, cert. ef. 6-1-09; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-003-0321
Notification of Change of Independent Contractor Status
(1) When a contractor’s license status changes from nonexempt to exempt or from exempt to nonexempt, the contractor
must notify the board. The contractor must file a Notification of Changed Contractor License Status within 30 days of
the effective date of the change.
(2) There is no charge to file the Notification under this rule.

Page 54 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.035
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-003-0325
Change of Corporate Officer, LLC Manager, LLC Member, Trustee
When a contractor notifies the agency of any change in the identity of a person who holds a position with the contractor
that is described in ORS 701.046(1)(h), (E), (F), (G), or (I), or 701.046(1)(i) (D), (E), or (F), the contractor must provide at
least one of the following.
(1) For the addition, removal or resignation of a corporate officer as described in ORS 701.046(1)(h)(E) or
701.046(1)(i)(F):
(a) A copy of the corporation’s board minutes evidencing the addition or removal of the corporate officer;
(b) A copy of the corporation’s board consent evidencing the addition or removal of the corporate officer;
(c) A letter from the corporation’s attorney advising the agency of the addition or removal of the corporate officer;
(d) A letter from the corporation’s manager of personnel or human resources advising the agency of the addition or
removal of the corporate officer; or
(e) In the case a resignation, a copy of the corporate officer’s letter of resignation.
(2) For the addition, removal or resignation of a manager of a manager-managed limited liability company, as described in
ORS 701.046(1)(h)(F) or 701.046(1)(i)(D):
(a) A copy of the limited liability company’s minutes evidencing the addition or removal of the manager;
(b) A copy of the limited liability company’s consent evidencing the addition or removal of the manager;
(c) A letter from the limited liability company’s attorney advising the agency of the addition or removal of the manager;
(d) A letter from the limited liability company’s manager of personnel or human resources advising the agency of the
addition or removal of the manager; or
(e) In the case a resignation, a copy of the manager’s letter of resignation.
(3) For the addition, expulsion or withdrawal or other cessation of a member of a member-managed limited liability
company, as described in ORS 701.046(1)(h)(G) or 701.046(1)(i)(E):
(a) A copy of the limited liability company’s minutes evidencing the addition or expulsion of the member;
(b) A copy of the limited liability company’s consent evidencing the addition or expulsion of the member;
(c) A letter from the limited liability company’s attorney advising the agency of the addition or cessation of the member;
(d) A letter from the limited liability company’s manager of personnel or human resources advising the agency of the
addition or cessation of the manager;
(e) In the event of a member’s withdrawal, a copy of the written notice of withdrawal.
(4) For the addition, removal or resignation of a trustee of a trust, as described in ORS 701.046(1)(h)(I):
(a) A copy of the trust’s minutes evidencing the addition or removal of the trustee;
(b) A copy of the trust’s consent evidencing the addition or removal of the trustee;
(c) A letter from the trust’s attorney advising the agency of the addition or removal of the trustee;
(d) A letter from the trust’s manager of personnel or human resources advising the agency of the addition or removal of
the trustee; or
(e) In the case a resignation, a copy of the trustee’s letter of resignation.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.114
History: CCB 6-2009, f. & cert. ef. 9-1-09

812-003-0330
Inactive Status Generally
(1) A licensee may not convert a license to an inactive status if the licensee is engaged in work as a contractor.
(2)(a) A licensee may not offer to undertake work, advertise work as a contractor, submit a bid for construction work,

Page 55 of 167
obtain a building permit or perform construction work while in an inactive status.
(b) Subsection (a) of this section does not apply to members of the United States armed forces serving on active duty
provided that they perform work as a contractor only as part of their military duties.
(3) A licensee shall notify the agency of any change of address while in an inactive status. During the period when the
status of a license is inactive, the agency shall send notices and any other communications to the licensee at the last
known address of record of the licensee.
(4) To convert to an inactive status a license must have:
(a) A current active license;
(b) A current suspended license; or
(c) A license that has expired no more than two years.
(5) If the licensee was subject to discipline by the agency, the licensee must satisfy any conditions imposed by the agency
as a result of the discipline in order to be eligible for the inactive status.
(6) The licensee must submit a request to convert to inactive status on forms provided by the agency; and
(7) The licensee must comply with OAR 812-003-0340, 812-003-0350, and 812-003-0360.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.056, 701.063
History: CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 11-2010(Temp), f. & cert. ef. 6-4-10 thru 11-30-10; CCB 6-2009,
f. & cert. ef. 9-1-09; CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 9-2004, f. &
cert. ef. 12-10-04

812-003-0340
Inactive Status Request at Renewal
(1) A request to convert a license to inactive status made at the time of renewal of the license must be accompanied by
fees required under OAR 812-003-0142.
(2) If a license is converted to inactive status at the time of renewal of the license, the effective date of the renewed
license shall be the expiration date of the previous license. An inactive license, if renewed, shall expire two years after its
effective date.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 5-2008, f.
2-29-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0350
Inactive Status Request at Interim Renewal Period
(1) A request to convert a license to inactive status made prior to the expiration date of the license, but at a time other
than the time of renewal of the license, will be accepted only if the licensee making the request has paid all applicable
fees required under OAR 812-003-0142 and 812-003-0320.
(2) If a license is converted to inactive status prior to the expiration date of the license but at a time other than the time
of renewal of the license, the effective dates of the license will remain unchanged and the license will expire at the
upcoming expiration date.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 9-2008, f.
6-11-08, cert. ef. 7-1-08; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0360
Inactive Status Request after Lapse
(1) A request to renew a license and convert it to inactive status made after a lapse due to the expiration of the license

Page 56 of 167
must be accompanied by fees required under OAR 812-003-0142.
(2) If a license is renewed and converted to inactive status after a lapse due to expiration of the license, the agency will
establish the effective date of the license. An inactive license, if renewed, shall expire two years after its effective date.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.063
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 5-2008, f.
2-29-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0370
Renewal of Inactive Status
To renew an inactive license in an inactive status:
(1) If the licensee was subject to discipline by the agency, the licensee must satisfy any conditions imposed by the agency
as a result of the discipline;
(2) The licensee must submit the request to renew the license in inactive status on forms provided by the agency; and
(3) The licensee must submit the fees required under OAR 812-003-0142.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.056, 701.063
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 9-2008, f.
6-11-08, cert. ef. 7-1-08; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0380
Converting From Inactive Back to Active Status
(1) To convert from an inactive status to an active status, the licensee must:
(a) Submit a request to convert to an active status on forms provided by the agency; and
(b) Comply with section (3), (4) or (5) of this rule as applicable.
(2) A licensee requesting conversion from an inactive status to an active status at the time of renewal must:
(a) Submit the fees required under OAR 812-003-0142;
(b) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category
requested; and
(c) Comply with all other licensing requirements prescribed by the Board.
(3) A licensee requesting conversion from an inactive status to an active status at a time other than renewal and prior to
the expiration date of the license must:
(a) Submit all fees to date as required by OAR 812-003-0142 and 812-003-0320;
(b) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category
requested; and
(d) Comply with all other licensing requirements prescribed by the Board.
(4) A licensee requesting conversion from an inactive status to an active status during a lapse due to the expiration of the
license must:
(a) Request the conversion within two years from the date of lapse;
(b) Comply with all licensing requirements prescribed by the Board;
(c) Submit the required surety bond, or letter of credit, or cash deposit, and general liability insurance for the category
requested; and
(d) Submit all fees required under OAR 812-003-0142.
(5) If a license is converted from an inactive to an active status, the agency shall establish the effective date of the license.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.056, 701.063, 701.088
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 4-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14; CCB 9-2008, f.
6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 9-2004,

Page 57 of 167
f. & cert. ef. 12-10-04

812-003-0390
Revocation or Suspension of License
(1) Except as provided in section (2) of this rule, if the agency issues a final order, arbitration award, or determination
directing a licensee to pay monetary damages and the licensee or the licensee’s surety fails to pay the order, award or
determination in full, the agency will revoke, suspend, or refuse to issue or reissue a license.
(2) Section (1) of this rule shall not apply if the licensee submits proof to the agency that:
(a) A United States Bankruptcy Court issued an automatic stay under Title 11 of the United States Bankruptcy Code and
that stay is currently in force; or
(b) The order, award or determination described in section (1) of this rule arises from a debt that:
(A) Is included in an order of discharge issued by a United States Bankruptcy Court; or
(B) Is included in a chapter 11 plan and order conforming the plan issued by a United States Bankruptcy Court that
prohibits the agency from revoking, suspending, or refusing to issue or reissue the licensee’s contractor’s license and the
licensee is in compliance with the terms of the plan and order.
(3) The agency shall revoke, suspend, or refuse to issue or reissue a license under section (1) of this rule if:
(a) The agency previously was prevented from revoking or suspending a license or was required to issue or reissue a
license under section (2) of this rule; and
(b) The licensee’s bankruptcy discharge is revoked or the bankruptcy stay is lifted.
Statutory/Other Authority: ORS 183.310 - 183.545, 670.310, 701.235, 701.280
Statutes/Other Implemented: ORS 701.098
History: CCB 3-2014, f. & cert. ef. 4-30-14; 1BB 5, f. 6-15-76, ef. 7-1-76; 1BB 1-1978, f. & ef. 5-23-78; 1BB 6-1980, f. &
ef. 11-4-80; 1BB 5-1981(Temp), f. 12-30-81, ef. 1-1-82; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82;
1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0040; 1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef.
5-11-84; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1995, f. & cert. ef. 2-2-95; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-
00; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-003-0030; CCB
9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-003-0400
Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint
If a surety company or financial institution pays all or part of a complaint against a licensed contractor from the
contractor’s surety bond, letter of credit or cash deposit, the agency must suspend or refuse to issue or reissue the
contractor’s license until the contractor submits to the agency:
(1) A properly executed bond, letter of credit or cash deposit in the amount required under ORS 701.068 or 701.088
unless the agency requires a higher amount under 701.068; or
(2) A certificate from the contractor’s surety company or financial institution that the surety company or financial
institution remains liable for the full original penal sum of the bond, letter of credit or cash deposit, notwithstanding the
payment from the surety bond letter of credit or cash deposit.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04, Renumbered from 812-
003-0040; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02

812-003-0410
Social Security Number
(1) The agency will not issue or renew a license issued to a sole proprietorship unless the owner provides his or her social
security number on the application or renewal form. The owner need not provide the social security number on the

Page 58 of 167
application for renewal, if the owner’s social security number has previously been provided to the agency and is in the
record.
(2) If the owner of a sole proprietorship has not been issued a social security number by the United States Social Security
Administration, the agency will accept a written statement from the owner to fulfill the requirements of section (1) of
this rule. The owner may submit the written statement on a specified agency form with the requisite information. Any
written statement must:
(a) Be signed by the owner;
(b) Attest to the fact that no social security number has been issued to the owner by the United States Social Security
Administration; and
(c) Acknowledge that knowingly supplying false information under this rule is a Class A misdemeanor, punishable by
imprisonment of up to one year and a fine of up to $6,250.
Statutory/Other Authority: ORS 25.990, 183.310, 670.310, 701.235
Statutes/Other Implemented: ORS 25.270, 25.785, 25.990, 183.310, 701.046
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 8-2006, f. & cert. ef. 9-5-06; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0420
Davis Bacon Act
(1) On all construction projects regulated under the state Prevailing Wage Law, ORS 279C.800 to 279C.870 or the Davis
Bacon Act and related acts, 40 USC 276a, the primary contractor shall provide the list of subcontractors required by
701.345, to the contracting public agency and to the Wage and Hour Division of the Bureau of Labor and Industries, 800
NE Oregon #32, Portland OR 97232.
(2) The initial list of subcontractors will be submitted to the contracting public agency and to the Wage and Hour Division
of the Bureau of Labor and Industries on the same date that the initial Payroll and Certified Statement form (WH-38) is
due. Instructions for submitting form WH-38 are contained in OAR 839-016-0010.
(3) The primary contractor will prepare and submit updated lists of subcontractors with each submittal of the Payroll and
Certified Statement form (WH-38).
[ED. NOTE: Forms referenced are available from the agency.]
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 279C.800-279C.870, 701.345
History: CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-
10-04

812-003-0430
Time Period for Perfecting a Lien or Complaint
For liens perfected and complaints:
(1) The time period under ORS 701.131(2)(a)(A) and 701.131(2)(b)(C) for a completed application for license to be
submitted to the Board is 90 calendar days from the date the contractor became aware of the requirement that the
contractor be licensed;
(2) The time period under ORS 701.131(2)(b)(A) for a completed application for license renewal to be submitted to the
Board is 90 calendar days from the date the contractor became aware of a lapse in license.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.131
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04

812-003-0440
Notification of Conviction of a Crime
A licensee or applicant, or an owner or officer of the licensee or applicant who has been convicted of a crime listed in ORS

Page 59 of 167
701.098(1)(i) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.098
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 8-2006, f. & cert. ef. 9-5-
06

DIVISION 4
COMPLAINTS

812-004-1001
Application of Rules
(1) The rules in 812-004-1001 to 812-004-1600 apply to complaints filed under ORS 701.145.
(2) The following rules apply to complaints filed under ORS 701.146:
(a) OAR 812-004-1001 through 812-004-1240;
(b) OAR 812-004-1260 through 812-004-1320;
(c) OAR 812-004-1340, except 812-004-1340(2)(c), (2)(i) and (8);
(c) OAR 812-004-1420;
(d) OAR 812-004-1520; and
(e) OAR 812-004-1600.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701.133, 701.139, 701.140, 701.145, 701.146
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert.
ef. 10-1-11; CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12

812-004-1110
Complaint Processing Fee; Waiver of Fee
(1) The complaint processing fee authorized under ORS 701.133 is $50 for a complaint filed under 701.145. There is no
complaint processing fee for a complaint filed under 701.146.
(2) The agency must collect the processing fee under OAR 812-004-1400.
(3) A complainant may request that the agency waive the complaint processing fee described in section (1) of this rule by
submitting a properly executed waiver request. The waiver request must be submitted on a form provided by the agency.
(4) The agency may waive the complaint processing fee if the waiver request submitted by the complainant shows that:
(a) The complainant is an individual;
(b) The complainant has no significant assets except the home that is the subject of the complaint and one automobile;
and
(c) The complainant’s gross income does not exceed the 2011 Department of Health and Human Services Poverty
Guidelines published in the Federal Register, Vol. 76, No. 13, January 20, 2011, pp. 3637–3638.
(5) A complainant, who requests a waiver of the complaint processing fee under section (3) of this rule, must certify that
the information on the request is true.
(6) The agency may require that the complainant pay a complaint processing fee of $97 if the agency finds that the
complainant provided false information on a request for a waiver of the complaint processing fee submitted under
section (3) of this rule.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1120
Liability of Licensee

Page 60 of 167
A licensee, as defined in OAR 812-002-0450, participating in a corporation wholly owned by the licensee, or a limited
liability partnership, limited liability company, joint venture, limited partnership or partnership, may be held individually
liable for complaints brought under ORS 701.131 to 701.180, whether or not the corporation, limited liability
partnership, limited liability company, joint venture, limited partnership, or partnership was licensed as required by ORS
Chapter 701.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1140
Liability of Contractor for Complaint Related to Contractor’s Property
(1) If an employee complaint, material complaint or subcontractor complaint arises from property owned by a licensed
contractor, the licensed contractor is a contractor subject to ORS Chapter 701 unless the contractor supplies pre-
contract written notice to suppliers, subcontractors, and other potential complainants that the property is for the
contractor’s personal use and that the contractor is not subject to ORS Chapter 701, as provided in 701.010(7).
(2) If a licensed contractor files a complaint against another licensed contractor arising from property owned by the
contractor filing the complaint, the contractor filing the complaint is a contractor subject to ORS Chapter 701 unless the
property is for the contractor’s personal use and occupancy.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701)
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1160
Establishment of Co-Complainant
The agency may allow a person to become a co-complainant, with the complainant’s permission, even though that person
did not sign the complaint form if the person would otherwise qualify as a complainant.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.140, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1180
Complainant’s Responsibility to Pursue Complaint
(1) Throughout the processing of a complaint, a complainant has the responsibility to pursue the complaint and to
respond in a timely manner to requests from the agency for information or documents.
(2) The agency may close a complaint under OAR 812-004-1260 if:
(a) The complainant does not respond to a written request from the agency, or to provide requested information or
documents within a time limit specified in that request; or
(b) The complainant does not respond in writing to a written request from the agency, after being instructed to do so by
the agency.
(3) A written request from the agency under section (2) of this rule must comply with the requirements of OAR 812-004-
1260(2).
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145)
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

Page 61 of 167
812-004-1195
Exhibits
(1) If a party to a complaint submits a document that is larger than 8-1/2 inches by 14 inches or a photograph as an
exhibit, the agency may require that the party submit four copies of the document or photo.
(2) The disposal of large exhibits is subject to OAR 812-001-0130.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1210
Address of Complainant and Respondent
(1) All communications directed to the last known address of record of a party to a complaint is considered delivered
when deposited in the United States mail and sent by regular mail.
(2) A party must notify the agency in writing within 10 days of any change in the party's address, withdrawal or change of
the party's attorney or change of address of the party's attorney during the processing of the complaint and until 90 days
after the date the agency notifies the parties that the complaint is closed.
Statutory/Other Authority: 701.235, ORS 670.310
Statutes/Other Implemented: OAR 701.117
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1240
Exhaustion of Surety Bond, Letter of Credit or Cash Deposit
The agency may continue processing a complaint even though the surety bond, letter of credit or cash deposit related to
that complaint is exhausted by prior complaints.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701.068, 701.088, 701.145, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1250
Payments From the Bond for Court Costs, Complaint Processing Fee, Interest and Other Costs
(1) For complaints filed under ORS 701.145, the agency may include the following costs in the amount of a judgment that
is subject to payment by a surety or financial institution:
(a) Court costs;
(b) Interest;
(c) Costs, other than attorney fees, to pursue litigation or the complaint; or
(d) Service charges or fees.
(2) For complaints filed under ORS 701.145, the agency’s determination of payment due from a surety or financial
institution may not include amounts arising out of claims for anything other than construction work involving negligence,
improper work or breach of contract.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701.068, 701.088, 701.133, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1260
Closing a Complaint

Page 62 of 167
(1) The agency may close a complaint because:
(a) The complainant did not act in response to a request from the agency;
(b) The complaint is not the type of complaint that the agency has jurisdiction to determine under ORS 701.140;
(c) The complaint was not filed within the time allowed under ORS 701.143;
(d) The complainant failed to pay the complaint processing fee as required under OAR 812-004-1110 and 812-004-
1400;
(e) The complaint contains a mediation or arbitration agreement that the complainant has not waived;
(f) The complainant does not comply with the on-site meeting requirements as provided in OAR 812-004-1450(2);
(g) The complainant and respondent settle the complaint as provided in OAR 812-004-1500;
(h) The complainant does not, within 30 days of the date of completion of the settlement agreement, notify the agency
whether the terms of the settlement agreement have been fulfilled;
(i) The complainant fails to provide documents to the agency as required by OAR 812-004-1520; or
(j) The agency does not timely receive evidence of a stay or counter-suit on a construction lien complaint, as provided in
OAR 812-004-1530.
(2) The agency may close a complaint under section (1) of this rule if the agency notifies the complainant that
complainant must provide information or that complainant must comply with an agency rule and that:
(a) Failing to respond to the agency’s request may result in closing the complaint; and
(b) Closing the complaint will prevent access to the bond, letter of credit or cash deposit.
(3) The agency may not close the complaint sooner than 14 days after giving the notice required in subsection (2) of this
rule.
(4) The agency may, within 60 days after closing a complaint, reopen a complaint closed under section (1) of this rule if
the complainant did not comply with the agency’s request or failed to comply with an agency rule due to excusable
neglect by the complainant. The agency may reopen the complaint after receiving evidence supporting reopening the
complaint.
(5) The agency’s determination to close a complaint is an order in other than a contested case.
(6) The agency’s determination to close a complaint is subject to judicial review under ORS 183.484.
(7) A party must file a motion for reconsideration of the agency’s determination to close a complaint before seeking
judicial review of the order.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.140, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1300
Filing Date of Complaint
(1) Except as provided under section (3) of this rule, a complaint filed with the agency under ORS 701.139 is deemed to
have been filed when a complaint is received by the agency that:
(a) Meets the requirements of OAR 812-004-1340(1) and (2)(m); and
(b) Contains information sufficient to identify the complainant and respondent.
(2) The agency must return a complaint that does not meet the requirements of section (1) of this rule to the person who
submitted the complaint.
(3) If the agency returns a complaint to a person under section (2) of this rule because the person did not meet the
requirements of OAR 812-004-1340(2)(m) related to pre-complaint notice, that person may resubmit the complaint with
the required evidence. If the resubmitted complaint satisfies the agency that the person met the requirements under
OAR 812-002-1340(2)(m) before the agency received the original complaint, the complaint is deemed to have been filed
on the date the complaint was first received by the agency.
(4) A complaint that does not fully comply with the requirements of OAR 812-004-1340 is subject to 812-004-1350.

Page 63 of 167
(5) The date of filing of a complaint submitted to the agency for processing under ORS 701.146 is the date when the
complainant complies with 701.133(1) and 701.146(2).
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.139, 701.143, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1320
Jurisdictional Requirements
(1) A complaint must be of a type described under ORS 701.140.
(2) A complaint must be filed with the agency within the time allowed under ORS 701.143.
(3) A complaint will be processed only against a licensed entity. Whether a respondent is licensed for purposes of this
section must be determined as follows:
(a) For an owner, primary contractor or subcontractor complaint, the respondent will be considered licensed if the
respondent was licensed during all or part of the work period.
(b) For a material complaint, the respondent will be considered licensed if one or more invoices involve material
delivered while the respondent was licensed. A surety company or financial institution is only liable for payments for
material delivered within the period of time that the respondent was licensed.
(c) For an employee or employee trust complaint, the respondent will be considered licensed if the respondent was
licensed on one or more days that the complainant, or the employee that is the subject of the trust, performed work that
was not paid for. A surety company or financial institution is only liable for payments for unpaid wages or benefits
provided on days on which the respondent was licensed.
(4)(a) The complainant must have been properly licensed at the time the bid was made or the contract was entered into
and must have remained licensed continuously throughout the work period if:
(A) The work at issue in the complaint requires that the complainant be licensed under ORS 701.021 in order to perform
the work; and
(B) The complaint does not arise from defects, deficiencies or inadequate performance of construction work.
(b) As used in section (4) of this rule, “properly licensed” means the complainant:
(A) Had a current valid license issued by the agency and was not on inactive status;
(B) Was licensed for the type of work at issue in the complaint;
(C) Complied with the requirements of ORS 701.035 and OAR 812-003-1250 as they applied to the complainant’s
license status as an “exempt” or “nonexempt” contractor; and
(D) Complied with any other requirements and restrictions on the complainant’s license.
(5) Complaints will be accepted only when one or more of the following relationships exist between the complainant and
the respondent:
(a) A direct contractual relationship based on a contract entered into by the complainant and the respondent, or their
agents;
(b) An employment relationship or assigned relationship arising from a Bureau of Labor and Industries employee claim;
(c) A contract between the complainant and the respondent providing that the complainant is a trustee authorized to
receive employee benefit payments from the respondent for employees of the respondent; or
(d) A real estate purchase conditioned upon repairs made by the respondent.
(6) Complaints will be accepted only for work performed within the boundaries of the State of Oregon or for materials or
equipment supplied or rented for fabrication into or use upon structures located within the boundaries of the State of
Oregon.
(7) The agency may refuse to process a complaint or any portion of a complaint that includes an allegation of a breach of
contract, negligent or improper work or any other act or omission within the scope of ORS 701.140 that is the same as an
allegation contained in a complaint previously filed by the same complainant against the same respondent, except that

Page 64 of 167
the agency may process a complaint that would otherwise be closed if the previously filed complaint was:
(a) Withdrawn before the on-site meeting;
(b) Closed without a determination on the merits before the on-site meeting;
(c) Closed because the complainant failed to pay the complaint processing fee required under OAR 812-004-0110 or
812-004-1110.
(d) Closed or dismissed with an explicit provision allowing the subsequent filing of a complaint containing the same
allegations as the closed or dismissed complaint; or
(e) Closed or withdrawn because the respondent filed bankruptcy.
(8) Nothing in section (7) of this rule extends the time limitation for filing a complaint under ORS 701.143.
(9) A complaint by a person furnishing material, or renting or supplying equipment to a contractor may not include a
complaint for non-payment for tools sold to a licensee, for equipment sold to a licensee and not fabricated into a
structure, for interest or service charges on an account, or for materials purchased as stock items.
(10) Complaints by a contractor or by persons furnishing material, or renting or supplying equipment to a contractor will
not be processed unless they are at least $150 in amount, not including the processing fee required by 812-004-1110.
(11) The agency may process a complaint against a licensed contractor whose license was inactive under OAR 812-003-
0330, 812-003-0340, 812-003-0350, 812-003-0360 and 812-003-0370 during the work period.
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
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1340
Form of Complaints, Pre-Complaint Notice
(1) 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.

Page 65 of 167
(4) 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) 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) 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

Page 66 of 167
Statutes/Other Implemented: ORS 701.131, 701.133, 701.139, 701.140, 701.143, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1350
Procedure if Information on Complaint Form is Incomplete
If the agency receives a complaint form that does not meet the requirements of OAR 812-004-1340, the agency may
close the complaint if the complainant does not provide the missing information in response to a written request for the
information from the agency. The written request and closure must comply with OAR 812-004-1260.
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
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1360
Addition of Complaint Items at On-Site Meeting
If the agency holds an on-site meeting, the complainant may add new complaint items up to and through the initial on-
site meeting. New items added to a timely filed complaint under this rule are considered timely filed.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.140, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1400
Initial Administrative Processing of Complaints; Collection of Fee
(1) Upon receipt of a complaint, the agency must:
(a) Send a copy of the complaint to the respondent;
(b) Verify that the complainant has provided information required under OAR 812-004-1340 and request additional
information from the complainant if necessary;
(c) Make a preliminary determination that the board has or lacks jurisdiction over the complaint based on the
information provided by the complainant;
(2) If the agency makes a preliminary determination under subsection (1)(c) of this rule that it has jurisdiction over the
complaint and the agency does not waive the complaint processing fee required under OAR 812-004-1110, the agency
must request payment of the complaint processing fee. The agency may suspend processing of the complaint until
complainant pays this fee.
(3) If the complainant does not pay the fee required under OAR 812-004-1110 within 14 days of written notification that
the fee is due, the agency may close the complaint. The agency may extend the time for payment of the fee upon a
showing of good cause by the complainant.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: 701.146, ORS 701.133, 701.140, 701.143, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1420
Processing Owner and Primary Contractor Complaints Together
If an owner complaint based on the same facts and issues is received at any time during the processing of a primary
contractor complaint, the two complaints will be processed together.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.140, 701.145

Page 67 of 167
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1440
Contracts With Arbitration Agreements
(1) If a complaint is based on a contract that contains an agreement by the parties to mediate disputes arising out of the
contract, the specific terms of the mediation agreement supersede agency rules except as set forth in ORS 701.180.
(2) If the contract requires mediation, the agency will be the mediator unless the contract requires mediation by a
specific mediator other than the agency.
(3) If the contract requires mediation by a specific mediator other than the agency, the agency must inform the
respondent by written notice that, if the respondent wants to mediate under the terms of the contract, the respondent
must initiate the contractual mediation process within the time allowed under ORS 701.180 and submit evidence to the
agency within 40 days from the date of the agency’s written notice that respondent initiated mediation under the terms
of the contract.
(4) If mediation under the contract is timely commenced under ORS 701.180, the agency must suspend processing the
complaint until the mediation is complete.
(5) Notwithstanding receipt of a notice of intent to file a complaint under ORS 701.133 or any prior communication from
the agency referencing a complaint, for purposes of ORS 701.180, a respondent receives notice of a complaint when the
agency sends the respondent the notice described under section (3) of this rule.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.140, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 9-2011(Temp), f. &
cert. ef. 9-9-11 thru 1-4-12; CCB 8-2011(Temp), f. & cert. ef. 9-2-11 thru 12-28-11; CCB 7-2011(Temp), f. & cert. ef. 7-8-
11 thru 1-4-12

812-004-1450
On-site Meeting and Telephone Mediation; Attendance of the Complainant
(1) The agency may schedule one or more on-site meetings or telephone mediations among the parties for the purpose of
discussing a settlement of a complaint under ORS 701.145. The agency must mail notice of an on-site meeting no less
than 14 days before the date scheduled for the meeting. The notice must include notice of the requirements of section
(2) and (3) of this rule and must comply with the requirements of OAR 812-004-1260(2).
(2) If the agency schedules an on-site meeting, the following apply:
(a) The complainant must allow access to the property that is the subject of the complaint.
(b) The complainant or an agent of the complainant must attend the meeting. An agent of the complainant must have
knowledge of all complaint items included in the complaint and must have authority to enter into a settlement of the
complaint.
(c) The complainant must allow the respondent to be present at the on-site meeting as required by ORS 701.145.
(3) If the complainant does not comply with the requirements of section (2) of this rule, the agency may close the
complaint. OAR 812-004-1260 applies to closure of a complaint under this section.
(4) Notwithstanding subsection (2)(b), the agency may continue to process the complaint if the respondent does not
appear at the on-site meeting.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: OAR 701.139, 701.140, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1460
Agency Recommendation of Resolution

Page 68 of 167
If it appears that the respondent has breached a contract or performed work negligently or improperly, the agency may
recommend to the complainant and respondent a resolution consistent with the terms of the contract, generally
accepted building practices, and industry standards.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.130, 701.145, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1480
Resolution by Settlement and Construction of Settlement Agreement
(1) The agency may present a settlement proposal to the complainant and respondent for their consideration and
agreement at or after an on-site meeting or telephone mediation conducted under OAR 812-004-1450.
(2) If the complainant and respondent sign a settlement agreement, the agreement shall be binding upon each party
unless breached by the other.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.130, 701.145, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1490
Subsequent On-Site Meetings; Determining Compliance; Closing Complaint
(1) If a dispute arises as to whether the respondent complied with the settlement agreement, the agency may schedule a
subsequent on-site meeting.
(2) If the agency determines that the respondent complied with the terms of the settlement agreement, the agency may
close the complaint.
(3) If the agency determines that the respondent did not comply with the terms of the settlement agreement, the
complainant must obtain a judgment and submit the judgment to the agency in order to recover under the respondent’s
bond.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.139, 701.140, 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1500
Closure of Complaint After Settlement
If the complainant and respondent agree to a settlement, within 30 days from the date the settlement agreement
requires completion of the terms of the settlement, the complainant must notify the agency in writing whether the terms
of the settlement have been fulfilled.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1505
Complaint Not Settled
(1) For other than a BOLI final order, if the complainant and respondent do not settle the complaint, the complainant
must obtain a court judgment, including a judgment on an arbitration award, in order to recover from the respondent’s
bond.
(2) The agency will process the judgment and issue its determination as to the amount of the judgment that complainant

Page 69 of 167
is entitled to recover from respondent’s bond.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.145
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1510
Court Judgments, Arbitration Awards and Bureau of Labor and Industries Final Orders
(1) A judgment based on a court action or arbitration award or a Bureau of Labor and Industries (BOLI) final order
constitute the basis for a complaint if:
(a) A complaint is filed under OAR 812-004-1300 and 812-004-1340 within the time limit in ORS 701.143; and
(b) All or a portion of the judgment or the BOLI final order is within the jurisdiction of the agency.
(2) A complaint based on a judgment or BOLI final order will be processed under OAR 812-004-1520.
(3) This rule does not apply to a complaint filed and processed under ORS 701.146.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.143, 701.145, 701.146, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1520
Processing of Complaint Based on Judgments and Bureau of Labor and Industries Final Orders
(1) The agency may suspend processing a complaint if:
(a) The complainant or respondent submits to a court, arbitrator or BOLI a complaint based on the same facts and issues
contained in the complaint filed with the agency; or
(b) The complainant in an owner complaint involving a residential structure submits copies of a notice of defect required
under ORS 701.565 and the registered mail receipt for the notice and the notice of defect relates to the same facts and
issues contained in the complaint.
(2) Beginning six months after the date that the agency suspends processing the complaint and no less frequently than
every sixth month thereafter, the complainant must deliver to the agency a written report describing the current status
of the notice of defect or action before the court, arbitrator or BOLI.
(3) The agency may, at any time, demand from the complainant a written report describing the current status of the
notice of defect or the action before the court, arbitrator or BOLI. The complainant must deliver a written response to
the agency within 30 days from the date the agency mails the demand letter.
(4) Within 30 days from the date of final action by the court or BOLI, the complainant must deliver to the agency a
certified copy of the final judgment or BOLI final order. The agency may extend the time in which to submit the final
judgment or BOLI final order if it determines there is good cause to do so.
(5) If the complainant does not comply with sections (2), (3) or (4) of this rule, the agency may close the complaint under
OAR 812-004-1260(1)(i).
(6) If the agency suspends processing a complaint because respondent filed a court action, the complainant must file its
complaint as a counter-suit, complaint or counter-claim in the court, arbitration or other proceedings and submit
evidence, including a copy of the countersuit, complaint or counter claim, to the agency. The complainant must provide
this information within 30 days from the date that the agency suspended processing the complaint, unless the agency
determines there is good cause to extend the permissible time period.
(7) If the complainant does to submit the evidence required under subsection (6) of this rule, the agency may close the
complaint.
(8) At its discretion and with the agreement of the complainant and respondent, the agency may hold an on-site meeting
under OAR 812-004-1450 before suspending complaint processing under section (2) of this rule if the agency finds that
an on-site meeting may help the parties to resolve the complaint.

Page 70 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.140, 701.145, 701.146
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1530
Construction Lien Complaints
(1) The agency may schedule one or more on-site meetings or telephone mediations among the parties to a construction
lien complaint filed under ORS 701.145 for the purpose of discussing settlement of the complaint. Notice of the meeting
must comply with OAR 812-004-1450(1). The agency may invite the lienor to participate in the settlement discussions.
The on-site meeting may be held on the property of the complainant or another mutually agreeable site. OAR 812-004-
1450(2), (3) and (4) apply to an on-site meeting held under this section.
(2) If the complaint does not settle, the complainant must:
(a) Join the respondent in an action to foreclose the lien if the lienor has filed such an action; or
(b) File an action against respondent to recover damages caused by respondent's failure to pay for material, rental
services, labor or subcontractor services that gave rise to the lien.
(3) The agency will suspend processing the complaint while the complainant complies with section (2) of this rule. If
complainant fails, within 60 days from the date of the last on-site meeting or telephone mediation, to comply with section
(2) of this rule, the agency may close the complaint. The agency may extend the time to comply with section (2) for good
cause.
(4) While the court action described in section (2) is proceeding, the complainant must comply with OAR 812-004-1520.
(5) If a construction lien complaint involves the same facts and issues as any other open complaint, the agency must
process the complaints together.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 87.057, 87.058, 701.145, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1537
Standards of Care and Workmanship
(1) For purposes of this rule, “NASCLA Standards” mean the Residential Construction Standards, dated March 20, 2009,
as adopted by the National Association of State Contractors Licensing Agencies.
(2) Except as provided in section (3) of this rule, the agency will apply NASCLA standards; to the extent such standards
cover the work at issue, in order to determine if construction work performed on a residential structure meets the
standards of care and workmanship in the industry.
(3) The agency may apply a standard different than the NASCLA standard if:
(a) The contract between the parties provides for a standard of care and workmanship that differs from the NASCLA
standard; or
(b) The work involved installation of a product for which the manufacturer provided installation instructions that
establish a standard that differs from the NASCLA standard.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

812-004-1600
Payment From Surety Bond, Letter of Credit or Cash Deposit
(1) The agency must notify the surety company or financial institution the agency’s determination. The determination is

Page 71 of 167
the amount of the judgment that is subject to payment by the surety or financial institution.
(2) A complaint is ready for payment when there is a court judgment and 30 days have elapsed or there is a BOLI final
order and 60 days have elapsed and:
(a) The respondent has not paid the judgment or BOLI order;
(b) A court has not granted a stay of judgment or BOLI has not granted a stay of its final order; and
(c) All other complaints filed against the respondent within the same 90-day filing period under ORS 701.150 are
resolved, closed or have reached the same state of processing as the subject complaint.
(3) For purposes of section (2), a BOLI final order is final except that the 60-day period for judicial review has not expired.
(4) Complaints related to a job that are satisfied from a surety bond, letter of credit or cash deposit must be paid as
follows:
(a) If a surety bond, letter of credit or cash deposit was in effect when the work period began and that bond, letter of
credit or cash deposit was not cancelled more than 14 months before the agency received the complaint, payment must
be made from that surety bond, letter of credit or cash deposit.
(b) If no surety bond, letter of credit or cash deposit was in effect when the work period began and that bond, letter of
credit or cash deposit was not cancelled more than 14 months before the agency received the complaint, but a surety
bond, letter of credit or cash deposit subsequently became effective during the work period of the contract, payment
must be made from the first surety bond, letter of credit or cash deposit to become effective after the beginning of the
work period.
(c) A surety bond, letter of credit or cash deposit that is liable for a complaint under subsection (4)(a) or (b) of this rule is
liable for all complaints related to the job and subsequent surety bonds, letters of credit or cash deposits have no liability
for any complaint related to the job.
(5) If during a work period the amount of a surety bond, letter of credit or cash deposit is changed and a complaint is filed
relating to work performed during that work period, the complainant may recover from the surety bond, letter of credit
or cash deposit up to the amount in effect at the time the contract was entered into.
(6) If the contractor holds a residential surety bond, that bond is available only for payments ordered by the agency
involving residential or small commercial structures or for the development of property zoned or intended for use
compatible with residential or small commercial structures.
(7) If the contractor holds a commercial surety bond, that bond is available only for payments ordered by the agency
involving small or large commercial structures or for development of property zoned or intended for use compatible with
small or large commercial structures.
(8) If more than one complaint must be paid from a surety bond, letter of credit or cash deposit under section (4) of this
rule and the total amount due to be paid exceeds the total amount available from the surety bond, letter of credit or cash
deposit, payment on a complaint must be made in the same proportion that the amount due on that complaint bears to
the total due on all complaints that must be paid.
(9) The full penal sum of a bond is available to pay complaints under this rule, notwithstanding that the penal sum may
exceed the bond amount required under OAR 812-003-0170 or 812-003-0171.
(10) If two or more respondents are jointly and severally liable for an amount due to a complainant and payment is due
from the surety bonds, letter of credit or cash deposit of the respondents, payment must be made in equal amounts from
each bond, letter of credit or cash deposit subject to payment. If one or more of the bonds, letters of credit or cash
deposits is or becomes exhausted, payment must be made from the remaining bond, letter of credit or cash deposit or in
equal amounts from the remaining bonds, letters of credit or cash deposits. If one of the respondents liable on the
complaint makes payment on the complaint, that payment shall reduce the payments required from that respondent’s
bond, letter of credit or cash deposit under this section by an amount equal to the payment made by the respondent.
(11) A surety company or financial institution may not condition payment of a complaint on the execution of a release by
the complainant.
(12) Inactive status of the license of the respondent does not excuse payment by a surety company or financial
institution required under this rule.

Page 72 of 167
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.081, 701.084, 701.088, 701.150
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 7-2011(Temp), f. &
cert. ef. 7-8-11 thru 1-4-12

DIVISION 5
ENFORCEMENT

812-005-0100
Notice of Intent to Take Action
Except as provided under authority of ORS 701.098(4), if the agency intends to revoke or suspend a license, or assess a
civil penalty, it shall issue and serve on the respondent a notice of intent to take an action, giving the opportunity for
hearing. For cases the agency determines as potentially complex, unique or otherwise significant, the notice may include
the statement that an answer to the assertions or charges will be required.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 183.413, 183.415, 183.470, 701.102
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert.
ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-
97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-
0000(1)(a), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-005-0110
Hearing Request
A hearing request, and answer when required, shall be made in writing to the agency by the respondent or the
respondent's attorney. An answer shall include:
(1) An admission or denial or each factual matter alleged in the notice.
(2) A short and plain statement of each relevant defense the respondent may have. Except where it would be unduly
prejudicial to do so, the respondent may amend its answer provided the amended answer is filed at least 30 days before
the first scheduled hearing date.
Statutory/Other Authority: ORS 183.310 to 183.500, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 183.413, 183.415, 701.102
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert.
ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-
97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-
0000(1)(b), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-005-0120
Default Orders
If the agency issues a notice of intent to take an action and no answer or written request for hearing is received by the
agency within 21 days of the date of mailing the notice; the agency may issue a default order.
Statutory/Other Authority: ORS 183.310 to 183.500, 670.310, 701.235, 701.992

Page 73 of 167
Statutes/Other Implemented: ORS 183.415, 701.102, 701.135
History: Renumbered from 812-005-0000, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; 1BB 7-1980(Temp), f. & ef. 11-4-80;
1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-
82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87,
cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert.
ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-
92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95;
CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00

812-005-0130
Hearing
If the agency issues a notice of intent to take an action and an answer or a written request for hearing is timely received,
the agency will set an administrative hearing to determine whether the respondent has violated any provision of ORS
Chapter 701 or of these rules, and if so, the duration of any suspension and the amount of any civil penalty to be
assessed.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.098, 701.102
History: CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert.
ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-
97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-
0000(1)(d), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-005-0140
Emergency Suspension
Effective January 1, 2008, the Administrator of the Board may immediately suspend or refuse to renew a license without
a prior hearing, in accordance with ORS 701.098(4), in cases where the Administrator of the Board has in its possession a
prima facie case of a wrongful act as described in 701.098(4)(a)(A)–(E) having been committed by a contractor and upon
a finding by the Administrator that the contractor is a serious danger to the public welfare. The respondent shall be
entitled to a hearing on the Administrator’s action if the respondent requests such a hearing within 90 days after the
date of the notice to the respondent, as provided in 701.098(4)(b).
Statutory/Other Authority: ORS 183.310 to 183.500, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.098, 701.102
History: CCB 3-2012, f. & cert. ef. 3-2-12; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981,
f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered
from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-
89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-
29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93;
CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-
1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-0000(2), CCB
7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 14-2011(Temp), f. & cert. ef. 10-24-11
thru 4-20-12

812-005-0150
Collection

Page 74 of 167
The agency may initiate its own collection proceedings, assign the matter to another public or private agency for
collection, or commence an action as set forth in ORS 701.992(2).
Statutory/Other Authority: ORS 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.102
History: Renumbered from 812-005-0000, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; 1BB 7-1980(Temp), f. & ef. 11-4-80;
1BB 8-1980, f. & ef. 12-9-80; 1BB 2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-
82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87,
cert. ef. 1-1-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert.
ef. 7-1-91; CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-
92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95;
CCB 6-1997, f. & cert. ef. 11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00

812-005-0160
Failure to Pay a Civil Penalty
The agency may revoke, suspend, or refuse to issue or reissue the license of any contractor who fails to pay on demand a
civil penalty which has become due and payable.
Statutory/Other Authority: ORS 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.098, 701.102
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert.
ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-
97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-
0000(4), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-005-0170
Status of Backdated License
Notwithstanding any back-dating of a renewal, a person shall be in violation of ORS 701.021 if, at the time a person
undertakes, offers to undertake, or submits a bid to do work as a contractor, the person is not actively licensed with the
Board.
Statutory/Other Authority: ORS 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.021, 701.102
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-11-080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f. &
cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-26-
91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93, cert.
ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef. 11-26-
97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-005-
0000(5), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-005-0180
Suspension of Civil Penalty
At the agency’s discretion, all or part of a civil penalty may be suspended, if:
(1) The respondent provides written proof of having completed one or more pre-licensure training courses as provided
by Division 6 of these rules; and/or

Page 75 of 167
(2) The respondent makes timely payment of any agreed-upon reduced penalty amount; and/or
(3) The respondent provides other consideration found to be acceptable by the agency.
Statutory/Other Authority: ORS 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 701.102
History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; 1BB 7-1980(Temp), f. & ef. 11-4-80; 1BB 8-1980, f. & ef. 12-9-80; 1BB
2-1981, f. & ef. 6-4-81; 1BB 1-1982, f. 3-31-82, ef. 4-1-82; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83;
Renumbered from 812-011-0080; 1BB 4-1985, f. & ef. 12-8-85; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88; CCB 1-1989, f.
& cert. ef. 11-1-89; CCB 2-1990, f. 5-17-90, cert. ef. 6-1-90; CCB 2-1991, f. 6-28-91, cert. ef. 7-1-91; CCB 3-1991, f. 9-
26-91, cert. ef. 9-29-91; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 7-1992, f. & cert. ef. 12-4-92; CCB 5-1993, f. 12-7-93,
cert. ef. 12-8-93; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 6-1997, f. & cert. ef.
11-26-97; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-
005-0000(6), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-005-0200
Unpaid Final Orders, Arbitration Awards or Determinations that Exceed the Contractor’s Bond, Letter of Credit or Cash
Deposit
(1) Under ORS 701.068(5), the agency must suspend the license of a licensee if the agency issues a final order, arbitration
award or determination on a complaint that exceeds the amount of the bond, letter of credit or cash deposit available to
pay the order, arbitration award or determination.
(2) A suspension issued under section (1) of this rule must remain in effect until the unpaid amount of the order,
arbitration award or determination is paid or until the license of the licensee expires.
(3) The agency may not reinstate or renew a license suspended under section (1) of this rule until the final order,
arbitration award or determination described in section (1) of this rule and any subsequently issued order, arbitration
award or determination that is unpaid, is paid, or discharged in bankruptcy.
(4) As a condition of ending a suspension or renewing a license that was suspended under ORS 701.068, and section (1)
of this rule, the agency may require a licensee to file a bond, letter of credit or cash deposit up to five times as much as the
amount required of a licensee under 701.081 or 701.084. The amount of the increased bond, letter or credit or cash
deposit required must conform to the following schedule:
(a) If the sum of unpaid amounts on final orders, arbitration awards and determinations described in section (4) of this
rule exceeds the licensee’s most recent bond, letter of credit or cash deposit by less than 50 percent, the agency may
require a bond, letter of credit or cash deposit two times the amount required under ORS 701.081 or 701.084.
(b) If the sum of the unpaid final orders, arbitration awards and determinations described in section (4) of this rule
exceeds the licensee’s most recent bond, letter of credit or cash deposit by 50 percent or more, but less than 100
percent, the agency may require a bond, letter of credit or cash deposit three times the bond, letter of credit or cash
deposit amount required under ORS 701.081 or 701.084.
(c) If the sum of unpaid amounts on final orders, arbitration awards and determinations exceeds the licensee’s most
recent bond, letter of credit or cash deposit by 100 percent or more, the agency may require a bond, letter of credit or
cash deposit in the amount of five times the normal amount required under ORS 701.081 or 701.084.
(d) For purposes of this section, if a contractor has both residential and commercial bonds, the increased bond
requirement will apply to both bonds, even if the unpaid amounts occurred only with respect to one of the two bonds.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05;
Renumbered from 812-003-0170(3)(c), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-
07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2012, f. 4-25-12, cert. ef. 5-
1-12

812-005-0210

Page 76 of 167
Conditions to Require an Increased Bond, Letter of Credit or Cash Deposit
(1) Under ORS 701.068(6), the agency may require a bond, letter of credit or cash deposit of up to five times the normally
required amount, if it determines that a licensee or a current or previous owner, officer or responsible managing
individual, as those terms are defined in division 2 of these rules, has:
(a) A history of unpaid final orders, arbitration awards or determinations consisting of two or more final orders,
arbitration awards or determinations, which remain unpaid for longer than thirty (30) days following the date of
issuance.
(b) Five or more complaints filed under ORS 701.140 and processed under 701.145 or 701.146 by five or more separate
complainants within a one-year period from the date of filing of the most recent Dispute Resolution Services complaint.
(c) An unpaid construction debt as defined in ORS 701.005(4) or unpaid judgment arising from construction activity that
exceeds the amount of the bond, letter of credit or cash deposit.
(d) Board final orders, arbitration awards or determinations issued in favor of one or more complainants under ORS
701.145 where the amount that must be paid exceeds the amount of the residential bond.
(e) Board final orders or determinations issued in favor of one or more complainants under ORS 701.146 where the
amount that must be paid exceeds the amount of the commercial bond.
(2) The amount of the increased bond, letter of credit or cash deposit required under subsection (1)(a) of this rule must
conform to the following schedule:
(a) If the sum of unpaid amounts on final orders, arbitration awards and determinations exceeds the licensee’s most
recent bond, letter of credit or cash deposit by less than 50 percent, the agency may require a bond, letter of credit or
cash deposit two times the amount required under ORS 701.081 or 701.084.
(b) If the sum of the unpaid final orders, arbitration awards and determinations exceeds the licensee’s most recent bond,
letter of credit or cash deposit by 50 percent or more, but less than 100 percent, the agency may require a bond, letter of
credit or cash deposit three times the bond, letter of credit or cash deposit amount required under ORS 701.081 or
701.084.
(c) If the sum of unpaid amounts on final orders, arbitration awards and determinations exceeds the licensee’s most
recent bond, letter of credit or cash deposit by 100 percent or more, the agency may require a bond, letter of credit or
cash deposit in the amount of five times the normal amount required under ORS 701.081 or 701.084.
(d) For purposes of this section, if a contractor has both residential and commercial bonds, the increased bond
requirement will apply to both bonds, even if the unpaid amounts occurred only with respect to one of the two bonds.
(3) The amount of increased bond, letter of credit or cash deposit the agency may require under subsection (1)(b) of this
rule will be based on the number of complaints filed and the time period that the complaints were received as follows:
(a) Two times the bond, letter of credit or cash deposit amount required under ORS 701.081 or 701.084 if five or more
complaints are received in any twelve-month period.
(b) Three times the bond, letter of credit or cash deposit amount required under ORS701.081 or 701.084 if five or more
complaints are received in any six-month period.
(c) Five times the bond, letter of credit or cash deposit amount required under ORS 701.081 or 701.084 if five or more
complaints are received in any three-month period.
(d) For purposes of this section, if a contractor has both residential and commercial bonds, the increased bond
requirement will apply to both bonds, even if the unpaid amounts occurred only with respect to one of the two bonds.
(4) The amount of the increased bond, letter of credit or cash deposit required under subsection (1)(c) of this rule must
conform to the following schedule:
(a) If the sum of the unpaid construction debt or judgment exceeds the licensee’s most recent bond, letter of credit or
cash deposit by less than 50 percent, the agency may require a bond, letter of credit or cash deposit two times the bond,
letter of credit or cash deposit amount required under ORS 701.081 or 701.084.
(b) If the sum of the unpaid construction debt or judgment exceeds the licensee’s most recent bond, letter of credit or
cash deposit by 50 percent or more, but less than 100 percent, the agency may require a bond, letter of credit or cash
deposit three times the bond, letter of credit or cash deposit amount required under ORS 701.081 or 701.084.

Page 77 of 167
(c) If the sum of the unpaid construction debt or judgment exceeds the licensee’s most recent bond, letter of credit or
cash deposit by 100 percent or more, the agency may require a bond, letter of credit or cash deposit five times the bond,
letter of credit or cash deposit amount required under ORS 701.081 or 701.084.
(d) For purposes of this section, if a contractor has both residential and commercial bonds, the increased bond
requirement will apply to both bonds, even if the unpaid amounts occurred only with respect to one of the two bonds.
(5) The amount of the increased bond, letter of credit or cash deposit required under subsection (1)(d) of this rule must
conform to the following schedule:
(a) If the amount of the board final orders, arbitration awards or determinations exceeds the licensee’s most recent bond,
letter of credit or cash deposit by less than 50 percent, the agency may require bonds, letter of credit or cash deposit two
times the bond, letter of credit or cash deposit amount required under ORS 701.081 and 701.084.
(b) If the amount of the board final orders, arbitration awards or determinations exceeds the licensee’s most recent bond,
letter of credit or cash deposit by 50 percent or more, but less than 100 percent, the agency may require bonds, letter of
credit or cash deposit three times the bond, letter of credit or cash deposit amount required under ORS 701.081 and
701.084.
(c) If the amount of the board final orders, arbitrations or determinations exceeds the licensee’s most recent bond, letter
of credit or cash deposit by 100 percent or more, the agency may require bonds, letter of credit or cash deposit five times
the bond, letter of credit or cash deposit amount required under ORS 701.081 or 701.084.
(6) Notwithstanding sections (2) through (5) of this rule, a business (including an individual person) licensed as a
residential general contractor or residential specialty contractor that applies to be licensed as, or seeks to change its
endorsement to, a residential limited contractor must file a residential bond, letter or credit or cash deposit in an amount
of five times the amount of the residential limited contractor bond, namely $50,000, if the business or its previous owner,
officer or responsible managing individual has:
(a) A history of unpaid final orders, arbitration awards or determinations consisting of two or more final orders,
arbitration awards or determinations unpaid for longer than thirty (30) days following the date of issuance.
(b) Five or more complaints filed under ORS 701.140 and processed under 701.145 by five or more separate
complainants within a one-year period from the date of filing of the most recent Dispute Resolution Services complaint.
(c) An unpaid construction debt as defined in ORS 701.005(4) that exceeds the amount of the residential bond, letter of
credit or cash deposit previously held by the business.
(d) Board final orders, arbitration awards or determinations issued in favor of one or more complainants under ORS
701.145 where the amount that must be paid exceeds the amount of the residential bond previously held by the
business.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.005, 701.068, 701.088, 701.094
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05;
Renumbered from 812-003-0170(3)(a)-(c), CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06: CCB 7-2006, f. & cert. ef. 6-23-06;
CCB 9-2006, f. & cert. ef. 9-5-06; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2007, f. 8-29-07, cert. ef. 9-1-07;
CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 17-2008, f. 9-26-08, cert. ef. 10-
1-08; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

812-005-0250
Repeal of Increased Bond, Letter of Credit or Cash Deposit Requirement
(1) Under ORS 701.068 or 701.088 after three years of operating under the increased bond, letter of credit or cash
deposit, an applicant or licensee may submit a written request to the agency to be relieved of that obligation after
demonstrating three full years of acceptable business practices while having posted the increased bond, letter of credit
or cash deposit.
(2) Petitions for return to normal bond, letter of credit or cash deposit requirements under ORS 701.068 or 701.088
must be made in writing and delivered to the agency. The petition should address each requirement set forth in section

Page 78 of 167
(3) of this rule.
(3) The agency shall consider the applicant’s or licensee’s petition. The agency shall grant the petition for return to a
normal bond if, within three-years period in which the increased bond was in effect, applicant or licensee satisfies all of
the following requirements.
(a) The applicant or licensee paid Dispute Resolution Services final orders, arbitration awards and determinations within
thirty (30) days of its issuance.
(b) The applicant or licensee paid unpaid construction related court judgments issued against the applicant or licensee.
(c) The agency did not issue any enforcement final order against the applicant or licensee.
(d) There were no criminal convictions for any of the crimes set forth in ORS 701.098(i) entered against the applicant or
licensee, its owners or officers.
(4) If the applicant or licensee fails to satisfy all of the conditions set forth in section (3), the agency will require the
applicant or licensee to maintain the increased bond for an additional three years from the date of the agency’s decision.
After that three year period, the applicant or licensee may again petition to return to a normal bond.
(5) The agency shall notify the licensee or applicant in writing of the agency’s decision within 30 days of receiving the
petition.
(6) If the agency denies the petition, the agency shall notify the licensee or applicant of the reasons for the denial. The
licensee or applicant may seek judicial review of the agency’s denial as an order in other than a contested case.
Statutory/Other Authority: ORS 670.310, 701.068, 701.088, 701.235
Statutes/Other Implemented: ORS 701.068, 701.088
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08;
CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2006, f. & cert. ef. 9-5-06

812-005-0270
Duty to Submit Evidence of Management or Supervisory Authority
Upon request from the agency, a licensee must submit evidence to support compliance with the requirement that a
responsible managing individual of the licensee exercises management or supervisory authority over the construction
activities of the business as defined under OAR 812-002-0265.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.005, 701.091
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert.
ef. 1-1-08

812-005-0280
Fitness Standards
(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,

Page 79 of 167
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
History: CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 6-2009, f. & cert. ef. 9-1-09; CCB 4-2009, f. 5-6-09, cert. ef. 6-1-
09; CCB 18-2008, f. & cert. ef. 11-20-08; CCB 13-2008, f. 6-30-08, cert. ef. 7-1-08

812-005-0500
Form of Complaint Regarding Public Contracts
(1) A person providing information to the agency must submit the information on a form provided by the agency if the
information is submitted for purposes of:
(a) ORS 701.227 alleging that a contractor failed to pay a person who supplied labor or materials within 60 days after the
date when the contractor received payment; or
(b) ORS 279C.590, in accordance with the subcontractor disclosure requirements pursuant to 279C.370.
(2) The agency may require the use of the most recent version of a form submitted under section (1) of this rule.
Statutory/Other Authority: ORS 670.310, 701.098, 701.235, 701.227

Page 80 of 167
Statutes/Other Implemented: ORS 701.098, 701.227, 279C.590
History: CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08; Renumbered from 812-005-0003, CCB 7-2005, f. 12-7-05, cert. ef. 1-
1-06; CCB 2-2002, f. & cert. ef. 3-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-
00; CCB 5-2000(Temp), f. & cert. ef. 5-9-00 thru 11-4-00

812-005-0800
Schedule of Penalties

The agency may assess penalties, not to exceed the amounts shown in the following guidelines:
(1) $600 for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-
0120, which may be reduced to $200 if the respondent becomes licensed or to $50 if the advertisement or bid is
withdrawn immediately upon notification from the agency that a violation has occurred and no work was accepted as a
result of the advertisement or bid; and
(2) $700 per offense without possibility of reduction for advertising or submitting a bid to do work as a contractor in
violation of ORS 701.021 and OAR 812-003-0120, when one or more previous violations have occurred, or when an
inactive, lapsed, invalid, or misleading license number has been used; and
(3) $1,000 per offense for performing work as a contractor in violation of ORS 701.021 when the Board has no evidence
that the person has worked previously without having a license and no consumer has suffered damages from the work,
which may be reduced to $700 if the respondent becomes licensed within a specified time; and
(4)(a) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when an owner has filed a
complaint for damages caused by performance of that work, which may be reduced to $700 if the contractor becomes
licensed within a specified time and settles or makes reasonable attempts to settle with the owner.
(b) A “complaint for damages” as used in section (4) of this rule includes, but is not limited to:
(A) A Construction Contractors Board Dispute Resolution Services (DRS) complaint; or
(B) A letter to Construction Contractors Board indicating that a citizen has been damaged by the contractor; and
(5) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when one or more violations
have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and
(6) $500 per offense for failure to respond to the agency’s request for the list of subcontractors required in ORS
701.345; and
(7) $1,000 per offense for hiring a unlicensed subcontractor; and
(8) For failing to provide an “Information Notice to Owners about Construction Liens” as provided in ORS 87.093, when
no lien has been filed, $200 for the first offense, $400 for the second offense, $600 for the third offense, $1,000 for each
subsequent offense. Any time a lien has been filed upon the improvement, $1,000.
(9) Failure to include license number in advertising or on contracts, in violation of OAR 812-003-0120: First offense
$100, second offense $200, subsequent offenses $400.
(10) Failure to list with the Construction Contractors Board a business name under which business as a contractor is
conducted in violation of OAR 812-003-0260 or 812-003-0280: First offense $50, second offense $100, subsequent
offenses $200.
(11) Failure to notify the Construction Contractors Board of a new or additional business name or personal surname (for
sole proprietors) under which business as a contractor is conducted, in violation of OAR 812-003-0320: First offense
$50, second offense $100, subsequent offenses $200.
(12) Failing to use a written contract as required by ORS 701.305: $500 for the first offense; $1,000 for the second
offense; and $5,000 for subsequent offenses.
(13) Violation of OAR 812-012-0130(1), failure to provide a Consumer Notification form; $100 first offense; $500
second offense; $1,000 third offense; and $5,000 for subsequent offenses. Civil penalties shall not be reduced unless the
agency determines from clear and convincing evidence that compelling circumstances require a suspension of a portion
of the penalty in the interest of justice. In no event shall a civil penalty for this offense be reduced below $100.

Page 81 of 167
(14) Failure to conform to information provided on the application in violation of ORS 701.046(5), issuance of a $5,000
civil penalty, and suspension of the license until the contractor provides the agency with proof of conformance with the
application and the terms of the application.
(a) If the violator is a limited contractor or residential limited contractor working in violation of the conditions
established pursuant to OAR 812-003-0130 or 812-003-0131, the licensee shall be permanently barred from licensure
in the limited contractor category or residential limited contractor endorsement.
(b) If the violator is a licensed developer, residential developer or commercial developer working in violation of the
conditions established pursuant to ORS 701.005(3), (6) or (14) or 701.042, the licensee shall be permanently barred from
licensure in the licensed developer category or residential developer or commercial developer endorsement.
(15) Knowingly assisting an unlicensed contractor to act in violation of ORS chapter 701, $1,000.
(16) Failure to comply with any part of ORS chapters 316, 656, or 657 or with ORS 701.035, 701.046 or 701.091, $1,000
and suspension of the license until the contractor provides the agency with proof of compliance with the statute.
(17) Violating an order to stop work as authorized by ORS 701.225(6), $1,000 per day.
(18) Working without a construction permit in violation of ORS 701.098, $1,000 for the first offense; $2,000 and
suspension of CCB license for three (3) months for the second offense; $5,000 and permanent revocation of CCB license
for the third and subsequent offenses.
(19) Failure to comply with an investigatory order issued by the Board, $500 and suspension of the license until the
contractor complies with the order.
(20) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious
to the welfare of the public: first offense, $1,000, suspension of the license or both; second and subsequent offenses,
$5,000, per violation, revocation or suspension of the license until the fraudulent conduct is mitigated in a manner
satisfactory to the agency or both.
(21) Engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public by:
(a) Not paying prevailing wage on a public works job; or
(b) Violating the federal Davis-Bacon Act; or
(c) Failing to pay minimum wages or overtime wages as required under state and federal law; or
(d) Failing to comply with the payroll certification requirements of ORS 279C.845; or
(e) Failing to comply with the posting requirements of ORS 279C.840: $1,000 and suspension of the license until the
money required as wages for employees is paid in full and the contractor is in compliance with the appropriate state and
federal laws.
(22) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious
to the welfare of the public, as described in sections (20) or (21), where more than two violations have occurred: $5,000
and revocation of the license.
(23) When, as set forth in ORS 701.098(1)(h), the number of licensed contractors working together on the same task on
the same job site, where one of the contractors is licensed exempt under ORS 701.035(2)(b), exceeded two sole
proprietors, one partnership, or one limited liability company, penalties shall be imposed on each of the persons to whom
the contract is awarded and each of the persons who award the contract, as follows: $1,000 for the first offense, $2,000
for the second offense, six month suspension of the license for the third offense, and three-year revocation of license for
a fourth offense.
(24) Performing home inspections without being an Oregon certified home inspector in violation of OAR 812-008-
0030(1): $5,000.
(25) Using the title Oregon certified home inspector in advertising, bidding or otherwise holding out as a home inspector
in violation of OAR 812-008-0030(3): $5,000.
(26) Failure to conform to the Standards of Practice in violation of OAR 812-008-0202 through 812-008-0214: $750 per
offense.
(27) Failure to conform to the Standards of Behavior in OAR 812-008-0201(2)-(4): $750 per offense.
(28) Offering to undertake, bidding to undertake or undertaking repairs on a structure inspected by an owner or

Page 82 of 167
employee of the business entity within 12 months following the inspection in violation of ORS 701.355: $5,000 per
offense.
(29) Failure to include certification number in all written reports, bids, contracts, and an individual’s business cards in
violation of OAR 812-008-0202(4): $400 per offense.
(30) Violation of work practice standards for lead-based paint (LBP) activity pursuant to OAR 812-007-0140 or 812-
007-0240 first offense, $1,000; second offense, $3,000; and third offense, $5,000 plus suspension of license for up to
one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS
701.995 and OAR 812-007-0025.
(31) Violation of work practice standards for LBP renovation pursuant to OAR 812-007-0340 or violation of
recordkeeping and reporting requirements pursuant to OAR 333-070-0110: first offense, $1,000; second offense,
$3,000; and third offense, $5,000 and suspension of the certified LBP renovation contractor license for up to one year.
The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and
OAR 812-007-0025.
(32) Violation of OAR 812-007-0100, 812-007-0200 or 812-007-0300: first offense, $1,000; second offense, $3,000;
and third offense, $5,000. The civil penalty is payable to the Construction Contractors Board Lead-Based Paint (LBP)
Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.
(33) Violation of ORS 279C.590:
(a) Imposition of a civil penalty on the contractor of up to ten percent of the amount of the subcontract bid submitted by
the complaining subcontractor to the contractor or $15,000, whichever is less; and
(b) Imposition of a civil penalty on the contractor of up to $1,000; and
(c) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS
701.227(4), for a period of up to six months for a second offense if the offense occurs within three years of the first
offense.
(d) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS
701.227(4), for a period of up to one year for a third or subsequent offense if the offense occurs within three years of the
first offense.
(34) Violation of ORS 701.315, inclusion of provisions in a contract that preclude a homeowner from filing a breach of
contract complaint with the Board: $1,000 for the first offense, $2,000 for the second offense, and $5,000 for the third
and subsequent offenses.
(35) Violation of ORS 701.345, failure to maintain the list of subcontractors: $1,000 for the first offense; $2,000 for the
second offense, and $5,000 for the third and subsequent offenses.
(36) Violation of 701.098(1)(f), knowingly providing false information to the Board: $1,000 and suspension of the license
for up to three months for the first offense; $2,000 and suspension of the license for up to one year for the second
offense; and $5,000 and permanent revocation of license for the third offense.
(37) Failing to provide a written contract with the contractual terms provided by ORS 701.305 or OAR 812-012-0110:
$200 for the first offense; $500 for the second offense; and $1,000 for subsequent offenses.
(38) Working while the license is suspended if the licensee was required to provide an increased bond under ORS
701.068(5), 701.068(6), or OAR 812-003-0175: revocation.
(39) Working while the license is suspended for any violation of ORS 701.098(4)(a)(A) or ORS 701.098(4)(a)(B): $5,000
for first offense, and revocation for second or subsequent offense.
(40) Working while the license is suspended for any reason except as otherwise provided for by this rule: revocation.
(41) Failure to comply with ORS 701.106(1)(a); $1,000 for the first offense, $5,000 for the second offense; $5,000 and
permanent revocation of CCB license for the third offense.
(42) Failure to deliver as required by ORS 701.109(2) a copy of a final judgment; $200 first offense, $400 second offense;
$600 for the third offense; $1,000 for each subsequent offense.
(43) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under
OAR 812-003-0200, where there is no claim of loss submitted to the insurance company: first offense, $500; second

Page 83 of 167
offense, $1,000; third and subsequent offenses, $5,000.
(44) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under
OAR 812-003-0200, where there is a claim of loss submitted to the insurance company: first offense, $2,000; second and
subsequent offenses, $5,000.
(45) Undertaking, offering to undertake, or submitting a bid to work as a locksmith when an individual is not certified as a
locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.
(46) Undertaking, offering to undertake, or submitting a bid to provide locksmith services when a business is not a
licensed construction contractor or otherwise exempt under ORS 701.490: first offense, $1,000; second offense,
$3,000; third offense, $5,000.
(47) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of
the word “locksmith” that indicates or tends to indicate that the individual is a locksmith, unless an individual is certified
as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense,
$5,000.
(48) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of
the word “locksmith” that indicates or tends to indicate that the business providing locksmith services, unless a business:
(a) is a licensed construction contractor, and (b) is owned by or employs a certified locksmith or is otherwise exempt
under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.
(49) Violating any applicable provision of the rules in division 30, including violating any standard of professional conduct
other than OAR 812-030-0300(4): first offense, $1,000; second offense, $3,000; third offense, $5,000 and revocation of
the certificate.
(50) Violating OAR 812-030-0300(4): first offense, $200; second offense, $500; third offense, $1,000.
(51) Working without a responsible managing individual or a temporary responsible managing individual, for whom the
contractor has notified the board, first offense, $1,000; second offense, $2,000 and suspension of CCB license for three
(3) months; third offense, $5,000 and permanent revocation of CCB license.
Statutory/Other Authority: ORS 183.310 to 183.500, 670.310, 701.235, 701.515, 701.992, 701.995
Statutes/Other Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091,
701.098, 701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515,
701.992, 701.995
History: CCB 5-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/29/2018; CCB 2-2017, f. 8-
25-17, cert. ef. 9-1-17; 1BB 4-1982, f. & ef. 10-7-82; 1BB 1-1983, f. & ef. 3-1-83; Renumbered from 812-011-0080(13);
1BB 3-1983, f. 10-5-83, ef. 10-15-83; 1BB 3-1984, f. & ef. 5-11-84; 1BB 3-1985, f.& ef. 4-25-85; BB 1-1987, f. & ef. 3-5-
87, BB 1-1988(Temp), f. & cert. ef. 1-26-88; BB 2-1988, f. & cert. ef. 6-6-88; CCB 1-1989, f. & cert. ef. 11-1-89; CCB 2-
1990, f. 5-17-90, cert. ef. 6-1-90; CCB 3-1990(Temp), f. & cert. ef. 7-27-90; CCB 4-1990, f. 10-30-90, cert. ef. 11-1-90;
CCB 3-1991, f. 9-26-91, cert. ef. 9-29-91; CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92; CCB 2-1992, f. & cert. ef. 4-15-92;
CCB 4-1992, f. & cert. ef. 6-1-92; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95;
CCB 3-1995, f. 9-7-95, cert. ef. 9-9-95; CCB 4-1995, f. & cert. ef. 10-5-95; CCB 3-1996, f. & cert. ef. 8-13-96; CCB 8-
1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-1999(Temp), f. & cert. ef. 11-1-99 thru 4-29-00; CCB 4-2000, f. & cert. ef. 5-2-
00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 13-2000(Temp), f. & cert. ef 11-13-00 thru 5-11-01; CCB 2-2001 f. &
cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 1-2002(Temp), f. & cert. ef. 3-1-02 thru 8-26-02; CCB 2-
2002, f. & cert. ef. 3-1-02; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-02; CCB 11-2003, f. 12-
5-03, cert. ef. 1-1-04; CCB 6-2004, f. 6-25-04, cert. ef. 9-1-04; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2005, f. 8-24-
05, cert. ef. 1-1-06; Renumbered from 812-005-0005, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2006, f. & cert. ef.
1-26-06; CCB 7-2006, f. & cert. ef. 6-23-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 4-2007, f. 6-28-07, cert. ef.
7-1-07; CCB 2-2008(Temp), f. & cert. ef. 1-2-08 thru 6-29-08; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 13-2008, f.
6-30-08, cert. ef. 7-1-08; CCB 17-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 19-2008, f. & cert. ef. 11-20-08; CCB 1-2009, f.
1-30-09, cert. ef. 2-1-09; CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09; CCB 6-2009, f. & cert. ef. 9-1-09; CCB 2-2010, f. & cert.
ef. 2-1-10; CCB 8-2010, f. & cert. ef. 4-28-10; CCB 13-2010(Temp), f. & cert. ef. 7-7-10 thru 1-2-11; Administrative

Page 84 of 167
correction 1-25-11; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 4-2011, f. 6-24-11, cert. ef. 7-1-11; CCB 10-2011, f 9-
29-11, cert. ef. 10-1-11; CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 6-2012, f. 4-
25-12, cert. ef. 5-1-12; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

DIVISION 6
RESPONSIBLE MANAGING INDIVIDUAL,PRE-LICENSURE TRAINING, AND TESTING

812-006-0100
Responsible Managing Individual

(1) As used in these rules, a responsible managing individual (RMI) has that meaning as provided in ORS 701.005(16).
(2) Upon initial application, an applicant for a contractor’s license shall designate at least one individual as the applicant’s
RMI and;
(a) Provide evidence that the applicant’s RMI has completed the pre-licensure training and passed the test, as provided
for in ORS 701.122, OAR 812-006-0150 and 812-006-0300;
(b) Document that the applicant’s RMI has experience as required by OAR 812-006-0450; or
(c) Document that the applicant’s RMI has:
(A) Completed the pre-licensure training as provided in OAR 812-006-0160;
(B) Passed the National Association of State Contractor Licensing Agencies (NASCLA) Accredited Examination for
Commercial General Building Contractors as provided in OAR 812-006-0310; and
(C) Passed the Oregon pre-licensure test as provided in OAR 812-006-0300.
(3) Except as provided in OAR 812-006-0110, an individual who is not an owner may not be designated as the RMI of
more than one licensee.
(4) An RMI may not be an approved pre-licensure training provider or the principal of an approved pre-licensure training
provider or an approved pre-licensure trainer, as provided in OAR 812-006-0200, while serving as an RMI for a licensee.
For purposes of this rule, the principal of an approved pre-licensure training provider includes any owner, partner,
officer, member, manager or trustee of the provider.
(5) When an RMI leaves a business, the business shall:
(a) Immediately appoint another RMI or immediately appoint a temporary RMI as provided in OAR 812-006-0110; and
(b) Immediately notify the agency in writing of the name of the newly appointed individual.
(6) Except as provided in OAR 812-006-0110, an RMI appointed under section (5) of this rule must:
(a) Document completion of the pre-licensure training and testing requirements under ORS 701.122, OAR 812-006-
0150 and 812-006-0300;
(b) Document that the RMI has experience as required by OAR 812-006-0450; or
(c) Document that the applicant’s RMI has:
(A) Completed the pre-licensure training as provided in OAR 812-006-0160;
(B) Passed the National Association of State Contractor Licensing Agencies (NASCLA) Accredited Examination for
Commercial General Building Contractors as provided in OAR 812-006-0310; and
(C) Passed the Oregon pre-licensure test as provided in OAR 812-006-0300.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.005, 701.091, 701.122
History: CCB 5-2017, temporary amend filed 12/27/2017, effective 01/01/2018 through 06/29/2018; CCB 1-2016, f. 6-
6-16 , cert. ef. 7-1-16; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 20-2008, f. & cert. ef. 11-20-08; CCB 9-2008, f. 6-11-
08, cert. ef. 7-1-08; Renumbered from 812-006-0011, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 6-2006, f. 5-25-06,
cert. ef. 6-1-06; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-006-0110
Temporary Responsible Managing Individual

Page 85 of 167
(1) If a contractor or business is required by ORS chapter 701 to have a responsible managing individual (RMI) and the
appointed RMI ceases to serve as the RMI for any reason, the contractor or business may appoint a temporary RMI. To
appoint a temporary RMI, the contractor or business must, within 3 calendar days of appointment, notify the board that
the contractor or business has appointed a temporary RMI.
(2) The contractor or business must provide the following information to the board:
(a) The name of the previously appointed RMI;
(b) The date the previously appointed RMI ceased acting as the RMI for the contractor or business;
(c) The date the contractor or business appointed the temporary RMI;
(d) The name and address of the temporary RMI; and
(e) The temporary RMI’s relationship to the contractor or business.
(3) A temporary RMI may serve for a period not to exceed 14 days from the date of notification to the board. Not later
than 14 days from the date of notification, the contractor or business must have an RMI qualified under ORS 701.122
and OAR 812-006-0100.
(4) A contractor or business may not appoint a temporary RMI upon initial application.
(5) Failure to maintain an RMI will result in suspension of the license of the contractor or business.
Statutory/Other Authority: 670.310, 701.122
Statutes/Other Implemented: 701.005, 701.091, 701.122
History: CCB 5-2017, temporary adopt filed 12/27/2017, effective 01/01/2018 through 06/29/2018

812-006-0150
Pre-Licensure Training Requirements
(1) Except as provided in OAR 812-006-0160, the pre-licensure training required in ORS 701.122 shall cover the
subjects listed in OAR 812-006-0250.
(2) Pre-licensure training shall consist of at least 16 hours.
(3) Except as provided in OAR 812-006-0160, pre-licensure training must be provided by a training provider approved
by the agency as provided in OAR 812-006-0200.
(4) A person seeking to take the pre-licensure training shall:
(a) Pay any fees required by the pre-licensure training provider; and
(b) Provide approved government-issued picture identification to the pre-licensure training provider.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 1-2011, f. 2-28-11, cert. ef.
3-1-11; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06

812-006-0160
Pre-Licensure Training Requirements for NASCLA Accredited Examination for Commercial General Building
Contractors
(1) RMIs that pass the NASCLA Accredited Examination for Commercial General Building Contractors and the Oregon
pre-licensure test satisfy the pre-licensure training requirement in ORS 701.122 by studying the material contained in
the reference list published by NASCLA or by any state that uses or accepts the NASCLA examination.
(2) Reference study materials may include, but are not limited to:
(a) BCSI: Guide to Good Practice for Handling, Installing, Restraining and Bracing of Metal Plate Connected Wood
Trusses;
(b) Construction Jobsite Management;
(c) NASCLA Contractors’ Guide to Business, Law and Project Management;
(e) Training and Certification of Field Personnel for Unbonded Post-Tensioning — Level One;
(f) Management of Construction Projects – A Constructor’s Perspective;
(g) Manual of Construction with Steel Deck;

Page 86 of 167
(h) Pipe and Excavation Contracting;
(i) Gypsum Construction Handbook;
(j) Placing Reinforcing Bars, Recommended Practices;
(k) Technical Digest No. 9 — Handling and Erection of Steel Joists and Joist Girders;
(l) Modern Masonry — Brick, Block, Stone;
(m) Principles and Practices of Commercial Construction;
(n) Code of Federal Regulations, 29 CFR Part 1926 (OSHA);
(o) Code of Federal Regulations, 29 CFR Part 1926 Selections by PSI;
(p) Carpentry and Building Construction;
(q) ANSI Accessible and Usable Buildings and Facilities;
(r) Roofing Construction and Estimating;
(s) The Contractor’s Guide to Quality Concrete Construction;
(t) Green Building Fundamentals; and
(u) International Building Code.
(3) Study of the reference materials qualifies as pre-licensure training under ORS 701.122, regardless of when the study
was started and finished.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16

812-006-0200
Pre-Licensure Training Provider Approval
(1) Except as provided in OAR 812-006-0160, no pre-licensure training shall meet the requirements of ORS 701.122
unless it is offered by a pre-licensure training provider approved by the agency.
(2) To receive agency approval, individuals and organizations shall make application and sign an agreement with the
agency prior to offering the pre-licensure training.
(3) The pre-licensure training provider application shall include, but will not be limited to, provisions for:
(a) Recording the name, address, contact information, and name of responsible administrator of the pre-licensure
training provider.
(b) Submitting trainer resumes or work summaries that demonstrate that all its trainers have at least four years work
experience or four years education, or any combination of both, in subject areas that they instruct as outlined in the
agency-approved reference manual.
(4) Except as provided in OAR 812-006-0160, no pre-licensure training provider may offer or provide any pre-licensure
training until there is a fully executed agreement between the pre-licensure training provider and the agency.
(5) Except as provided in OAR 812-006-0160, no pre-licensure training provider may offer or provide any pre-licensure
training if, at the time of offering or providing the pre-licensure training, the pre-licensure training provider is an RMI of a
licensee.
(6) Except as provided in OAR 812-006-0160, a pre-licensure training provider must comply at all times with the
following requirements:
(a) The pre-licensure training provider will provide 16-hours of training under OAR 812-006-0150.
(b) The pre-licensure training provider will verify that each student taking the pre-licensure training has a current
agency-approved manual.
(c) The pre-licensure training provider will use agency-approved curriculum and the agency-approved reference manual.
(d) The pre-licensure training provider will send electronic records of completion to the agency in a format approved by
the agency and keep records of completion for a minimum of six years.
(e) The pre-licensure training provider will communicate law changes and program procedural changes received from the
agency to the pre-licensure training provider’s trainers and will implement these changes within 30 business days.

Page 87 of 167
(f) The pre-licensure training provider will use only approved trainers who have at least four years work experience or
four years education, or any combination of both, in the subject that they instruct as outlined in the agency-approved
reference manual. CCB will not approve as a trainer any individual who, at the time of offering or providing the pre-
licensure training, is an RMI of a licensee.
(g) The pre-licensure training provider will request and receive, in writing, agency approval of all trainers at least 10
business days before trainers are scheduled to teach.
(h) The pre-licensure training provider will provide a mechanism for students to contact their trainer(s) outside of class
for a minimum of one hour per week for 90 days from date of enrollment.
(i) The pre-licensure training provider will give all students information about how to contact trainers and hours of
availability before the end of the pre-licensure training.
(j) The pre-licensure training provider will comply with all applicable federal and state laws.
(k) Except as provided in OAR 812-006-0205(2), the pre-licensure training provider will obtain and maintain a surety
bond as described in OAR 812-006-0205 in the amount of $10,000 obligating the surety to pay the State of Oregon for
the benefit of third-parties.
(7) The agency may publicize a pre-licensure training provider’s test passage rate for its students.
(8) The agency may revoke a pre-licensure training provider’s right to offer training and terminate the agreement of a
pre-licensure training provider at any time the pre-licensure training provider fails to:
(a) Meet any requirement of the agreement; or
(b) Comply with these rules.
(9) The agency may revoke a pre-licensure training provider’s right to offer pre-licensure training and terminate the
agreement of a pre-licensure training provider:
(a) Whose students do not pass the agency test on their first attempt at least 70 percent of the time after the pre-
licensure training provider has provided pre-licensure training for at least three months, or whose students fail to
maintain the 70 percent first attempt test passing rate during the remaining period of the agreement; or
(b) Who acquires or attempts to acquire agency test questions by unauthorized means, including but not limited to,
photographing, photocopying or videotaping any part of the agency’s test or paying or offering incentives to individuals
or business entities to write down, photograph or videotape any part of the agency’s test.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 5-2014(Temp), f. & cert. ef.
5-5-14 thru 10-31-14; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 20-2008, f. & cert. ef. 11-20-08; CCB 9-2008, f. 6-
11-08, cert. ef. 7-1-08; Renumbered from 812-006-0030, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 7-2006, f. &
cert. ef. 6-23-06; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 2-2005, f. 6-29-05,
cert. ef. 7-1-05; CCB 1-2005(Temp), f. & cert. ef. 1-5-05 thru 7-1-05; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 5-2002, f. 5-
28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-1992, f. 1-27-
92, cert. ef. 2-1-92

812-006-0205
Surety Bond to Assure Performance of Agency Agreements
(1) Providers approved under OAR 812-006-0200 will maintain a surety bond in the amount of $10,000, issued by a
surety company authorized to do business in the State of Oregon, for the benefit of the State of Oregon, Construction
Contractors Board. The bond must be in the form “Approved Pre-Licensure Training Provider Surety Bond,” dated June
24, 2014.
(2) Section (1) of this rule does not apply to Oregon public community colleges or small business development centers
(including BizCenter Online Learning).
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122

Page 88 of 167
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 5-2014(Temp), f. & cert. ef. 5-5-14 thru 10-31-14

812-006-0250
Pre-Licensure Training Subjects
(1) The agency may evaluate and approve pre-licensure training based on written evaluation criteria approved by the
Training and Education Committee and made available to pre-licensure training providers. The agency may revoke a pre-
licensure training provider’s right to offer pre-licensure training if a pre-licensure training provider’s training does not
meet the approved criteria.
(2) The hours of pre-licensure training required under OAR 812-006-0150 shall consist of the following topics:
(a) Construction Contractors Board:
(A) Role and authority, licensing requirements, application procedures and major divisions and functions;
(B) Dispute resolution processes;
(C) Business entities;
(D) Mandatory consumer notices;
(E) Rights and responsibilities of consumers and contractors;
(F) Independent contractor requirements;
(G) Exempt and non-exempt contractors;
(H) License endorsements and requirements for bonds and insurance;
(I) Special licenses;
(J) Written contract requirements;
(K) Warranty and maintenance schedule requirements;
(L) Enforcement program; and
(b) Employer requirements and employee’s rights:
(A) State agencies that regulate workplace issues;
(B) Information and resources on employer requirements, employee’s rights, workers’ compensation insurance, and
required workplace postings;
(C) Civil rights;
(D) Title VII, child labor, and important state and federal wage and hour laws;
(E) Current minimum wage rate requirements;
(F) Prevailing wage rate law; and
(G) Employees and independent contractors.
(c) Taxes, record keeping and business practices:
(A) Required employment forms;
(B) Identification numbers;
(C) Cost of employees;
(D) Importance of good record keeping;
(E) Ways to organize records;
(F) Required tax forms and reporting times;
(G) Professional help;
(H) Profit and cash flow; and
(I) Requirements for business licenses.
(d) Building codes:
(A) Applicable codes;
(B) Building codes books;
(C) Code revisions;
(D) Specialty licenses and inspections;
(E) Required and exempt permit work;

Page 89 of 167
(F) Permit applications permit violation penalties;
(G) Required inspections;
(H) Inspection procedures;
(I) Final inspections and occupancy permits; and
(J) Red tag/stop work orders.
(e) Oregon Occupational Safety and Health Division:
(A) OR-OSHA regulations, job site inspections and resources;
(B) Equipment basics and maintenance;
(C) Job site record keeping;
(D) General safety practices; and
(E) Responsibilities and relationships among contractors and subcontractors on a job site.
(f) Sound environmental practices and laws:
(A) Environmental friendly materials;
(B) Good recycling, reduction and reuse methods;
(C) Hazardous waste and special waste found in new and old construction;
(D) Laws and regulations governing environmental hazards, proper handling and disposal methods of environmental
hazards and job site debris;
(E) Governmental agencies that regulate environmental conditions at a job site;
(F) Environmental violation penalties;
(G) Site preparation including construction activities that impact rivers;
(H) Soil erosion; and
(I) Wetlands, water quality, sewage and underground storage/heating oil tanks.
(g) Contract law:
(A) Clear and concise contracts;
(B) Four elements of contract law;
(C) Three elements of a construction contract;
(D) Breach of contract;
(E) Minor and major breach of contract;
(F) Written and verbal contracts and change orders;
(G) Contractor responsibilities for work of self and others;
(H) Partnering, negotiation, mediation, arbitration and litigation; and
(I) Buyer’s Right to Cancel.
(h) Oregon construction lien law:
(A) Purpose;
(B) Required notices;
(C) Lien law procedures;
(D) Steps and timelines to perfect a lien and foreclose; and
(E) Important lien law differences of other states.
(i) Project management, estimating and scheduling:
(A) Importance of project management and consequences for failing to do so;
(B) Simple written budgets that include cost, overhead and profit; and
(C) Simple project schedules and consequences of improper job scheduling.
(j) Building Exterior Shell Training (BEST):
(A) Need for BEST;
(B) Contractor’s responsibility to construct weather-resistant building exterior shell;
(C) Purpose of building exterior shell;
(D) Primary components of building exterior shell;

Page 90 of 167
(E) Basic moisture management concepts;
(F) Exterior wall assemblies; and
(G) Best practices for building exterior shell construction.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 9-2008, f. 6-11-08, cert.
ef. 7-1-08; Renumbered from 812-006-0050, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 6-2006, f. 5-25-06, cert. ef.
6-1-06; CCB 7-2004, f. 8-26-04, cert. ef. 9-1-04; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-
02; CCB 2-2001, f. & cert. ef 4-6-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-
1998, f. & cert. ef. 2-26-98; CCB 3-1997, f. & cert. ef. 10-3-97; CCB 2-1995, f. 6-6-95, cert. ef. 6-15-95; CCB 2-1994, f.
12-29-94, cert. ef. 1-1-95; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 4-
1993, f. 8-17-93, cert. ef. 8-18-93; CCB 1-1993, f. & cert. ef. 2-1-93; CCB 2-1992, f. & cert. ef. 4-15-92; CCB 1-1992, f. 1-
27-92, cert. ef. 2-1-92

812-006-0300
Pre-Licensure Testing Requirements

(1) The test required in ORS 701.122 shall cover the subjects listed in OAR 812-006-0250.
(2) A person seeking to take the test shall:
(a) Pay any fees required by the test administrator;
(b) Provide approved United States federal or state government issued picture identification to the test administrator;
(c) Pay for the authorized translator needed to take the test; and
(d) Complete the test within a time limit approved by the agency.
(3) A person taking the test shall be allowed to use an Oregon Contractor’s Reference Manual and one language
translation book during the test.
(4) A person taking the test shall not:
(a) Retake the same version of the test on consecutive attempts.
(b) Be accompanied by anyone while taking the test, except an authorized translator.
(5) After the test is completed, a person shall not review the test questions or answers.
(6) There are no reciprocal agreements with other states or organizations that test contractors.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 3-
2009, f. 5-6-09, cert. ef. 6-1-09; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 2-2007, f. & cert. ef. 3-1-07; Renumbered
from 812-006-0012, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 7-2006, f. & cert. ef. 6-23-06; CCB 7-2005, f. 12-7-
05, cert. ef. 1-1-06; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 8-2001, f. 12-12-01, cert. ef.
1-1-02; Reverted to CCB 9-2000, f. & cert. ef. 8-24-00; CCB 4-2001(Temp), f. & cert. ef. 5-18-01 thru 11-13-01; CCB 9-
2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-1999, f. 3-
29-99, cert. ef. 4-1-99; CCB 1-1998, f. & cert. ef. 2-6-98; CCB 2-1995, f. 6-6-95, cert. ef. 6-15-95; CCB 2-1994, f. 12-29-
94, cert. ef. 1-1-95; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 4-1993, f. 8-
17-93, cert. ef. 8-18-93; CCB 3-1993, f. & cert. ef. 6-9-93; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 1-1992, f. 1-27-
92, cert. ef. 2-1-92

812-006-0310
Pre-Licensure Testing Based on NASCLA Accredited Examination for Commercial General Building Contractors
(1) An RMI may satisfy the pre-licensure requirements by passing the NASCLA Accredited Examination for Commercial
General Building Contractors and the Oregon pre-licensure test developed by the CCB.
(2) Proof of passing the NASCLA Accredited Examination for Commercial General Building Contractors is established

Page 91 of 167
when the name of the RMI is entered in the NASCLA National Examination Database (NED).
(3) Passing the NASCLA Accredited Examination for Commercial General Contractors and the Oregon pre-licensure test
qualifies as pre-licensure testing under ORS 701.122, regardless of when the tests were taken and passed.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16

812-006-0350
Pre-Licensure Testing Subversion
(1) Testing subversion is the use of any means to alter the results of a test to cause the results to inaccurately represent
the competency of an examinee. Testing subversion includes, but is not limited to:
(a) Communication between examinees inside the testing room;
(b) Giving or receiving any unauthorized assistance on the test while the test is in process;
(c) Having any printed or written matter or other devices in the examinee’s possession during the test except:
(A) The Oregon Construction Contractor’s Reference Manual; and
(B) One language translation book.
(d) Obtaining, using, buying, selling, distributing, having possession of, or having unauthorized access to secured test
questions or other secured examination material prior to, during or after the administration of the examination;
(e) Copying another examinee’s answers or looking at another examinee’s materials while a test is in process;
(f) Permitting anyone to copy answers to the test;
(g) Copying or removing any test questions from the testing area;
(h) Allowing another person to take the test in the examinee’s place;
(i) Writing notes or questions in the Oregon Construction Contractor’s Reference Manual or language translation book
during the test; or
(j) Leaving the room during the test.
(2) At the discretion of the agency or its designees, if there is evidence of testing subversion by an examinee prior to,
during, or after the administration of the test, one or more of the following may occur:
(a) The examinee may be denied the privilege of taking the test if testing subversion is detected before the
administration of the test;
(b) If the testing subversion detected has not yet compromised the integrity of the test, such steps as are necessary to
prevent further testing subversion shall be taken, and the examinee may be permitted to continue with the test;
(c) The examinee may be requested to leave the testing facility if testing subversion is detected during the test. If the
examinee does not leave the facility, the examinee will be deemed a trespasser;
(d) The examinee’s test results may be invalidated and the application fee forfeited; or
(e) The examinee may not be allowed to sit for an examination for up to one year.
(3) If testing subversion is detected after the administration of the test, the agency or its designee shall make appropriate
inquiry to determine the facts concerning the testing subversion and the agency or its designee may take any of the
actions described in this rule.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; Renumbered from 812-006-
0015, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 7-2006, f. & cert. ef. 6-23-06; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-
06

812-006-0400
Pre-Licensure Training and Testing Period
(1) The pre-licensure training and testing required under ORS 701.122 (1) and (3) shall be valid for 24 months from the
date the responsible managing individual passed the test.

Page 92 of 167
(2) Section (1) of this rule does not apply to an RMI that meets the experience requirements under OAR 812-006-0450.
(3) Section (1) of this rule does not apply to an RMI that meets the training and testing requirements of OAR 812-006-
0160 and 812-006-0310.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.122
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 3-2009, f. 5-6-09, cert. ef.
6-1-09; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 2-2007, f. & cert. ef. 3-1-07; CCB 11-2006(Temp), f. & cert. ef. 11-
6-06 thru 5-4-07; CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06

812-006-0450
Pre-Licensure Experience
In order for a responsible managing individual to demonstrate experience under ORS 701.005(16)(c)(B):
(1) The individual must be listed on the agency’s license records before July 1, 2000, as having been a sole proprietor,
partner, venturer, member, corporate officer, trustee, or responsible managing individual of a business licensed under
ORS Chapter 701 before July 1, 2000;
(2)(a)The license of the business described in section (1) of this rule has not lapsed, or if lapsed, has lapsed for not more
than the 24 month period prior to the date of the application; or
(b)(A) If the individual is listed on multiple license records as a sole proprietor, partner, venturer, member, corporate
officer, trustee or responsible managing individual, the licensed business with which the individual is currently
associated must not have lapsed for more than the 24-month period prior to the date of the application; and
(B) The individual must have been similarly and continuously associated with one or more licensed contractors during
the time period beginning before July 1, 2000, until the date of the application.
(3) The individual must have been listed as a sole proprietor, partner, venturer, member, corporate officer, trustee, or
responsible managing individual of the business described in section (1) or (2)(b) of this rule within the 24 month period
prior to date of the application.
Statutory/Other Authority: ORS 670.310, 701.122, 701.235
Statutes/Other Implemented: ORS 701.005, 701.122
History: CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 10-2008, f. 6-30-08, cert. ef. 7-1-08; CCB 5-2007, f. 6-28-07, cert.
ef. 7-1-07; Renumbered from 812-006-0020, CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 6-2006, f. 5-25-06, cert. ef.
6-1-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2002, f. 6-26-02 cert. ef. 7-
1-02; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; Reverted to CCB 9-2000, f. &
cert. ef. 8-24-00; CCB 4-2001(Temp), f. & cert. ef. 5-18-01 thru 11-13-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-
2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 1-1998,
f. & cert. ef. 2-6-98; CCB 2-1995, f. 6-6-95, cert. ef. 6-15-95; CCB 2-1994, f. 12-29-94, cert. ef. 1-1-95; CCB 1-1994, f. 6-
23-94, cert. ef. 7-1-94; CCB 5-1993, f. 12-7-93, cert. ef. 12-8-93; CCB 4-1993, f. 8-17-93, cert. ef. 8-18-93; CCB 3-1993,
f. & cert. ef. 6-9-93; CCB 5-1992, f. 7-31-92, cert. ef. 8-1-92; CCB 1-1992, f. 1-27-92, cert. ef. 2-1-92

DIVISION 7
LICENSING OF INDIVIDUALS AND FIRMSENGAGED IN LEAD-BASED PAINT ACTIVITY

812-007-0000
Authority, Purpose, Scope
(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.505 to 701.520 and
701.995.
(2) Purpose. These rules establish a system to license contractors as lead-based paint (LBP) activities contractors and as
certified LBP renovation contractors.
(3) Scope. These rules:
(a) Prescribe the requirements for, and the manner of, licensing applicants.

Page 93 of 167
(b) Establish fees.
(c) Prescribe actions that constitute failure to achieve or maintain licensing requirements, or that otherwise are contrary
to the public interest, for which the board may deny, suspend or revoke a license.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-
1-10; CCB 13-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 1-1997, f. & cert. ef. 5-15-
97; CCB 6-1996(Temp), f. & cert. ef. 11-26-96

812-007-0015
Federal Regulations Adopted by Reference
(1) Except as indicated herein, the board adopts, by reference, 40 CFR 745, Subpart D (Lead-Based Paint Hazards),
Subpart E, (Residential Property Renovation) and Subpart L (Lead-Based Paint Activities).
(2) The board does not adopt the following regulations:
(a) 40 CFR § 745.87 (Enforcement and inspections);
(b) 40 CFR §745.91 (Suspending, revoking, or modifying an individual’s or firm’s certification);
(c) 40 CFR §745.225 (Accreditation of training programs);
(d) 40 CFR §745.226 (Certification of individuals and firms engaged in lead-based paint activities: target housing and
child-occupied facilities);
(e) 40 CFR §745.235 (Enforcement);
(f) 40 CFR §745.237 (Inspections);
(g) 40 CFR §745.238 (Fees for accreditation and certification of lead-based paint activities);
(h) 40 CFR §745.239 (Effective dates).
(3) Notwithstanding 40 CFR 745:
(a) All fees are as established in OAR 812-007-0031, 812-007-0160, 812-007-0260 and 812-007-0360.
(b) All license issuance, denial, renewal, reissuance, suspension, and revocation are as established in OAR 812, division 7.
(c) Where “Administrator” or “EPA” appears in 40 CFR 745, Subparts D, E and L, “Construction Contractors Board” or
“board” is substituted, unless the context suggests otherwise.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17

812-007-0020
Definitions
The following definitions apply to division 7 of OAR chapter 812.
(1) “Abatement” 40 CFR 745.223.
(2) “Accredited training program” means a training program provisionally accredited or accredited by the OHA, the
Environmental Protection Agency (EPA) or an EPA-authorized state or tribal program.
(3) “Certified lead-based paint renovation contractor” means a construction contractor that is licensed by the board to
conduct LBP renovation under ORS 701.515.
(4) “Certified renovator” 40 CFR 745.83.
(5) “Child-occupied facility” 40 CFR 745.83, 745.223.
(6) “Component or building component” 40 CFR 745.83, 745.223.
(7) “Course completion certificate” means documentation issued by an accredited training program to an individual as
proof of successful completion of an accredited renovator training program (initial or refresher).
(8) “Deteriorated lead-based paint” 40 CFR 745.223.
(9) “Dust-lead hazard” 40 CFR 745.65.
(10) “Emergency renovation operations” 40 CFR 745.80.

Page 94 of 167
(11) “Inspection” 40 CFR 745.223.
(12) “Lead abatement contractor” means a construction contractor that is licensed by the board to perform abatement.
(13) “Lead assessor” or “risk assessor” 40 CFR 745.223.
(14) “Lead-based paint” or “LBP” 40 CFR 745.223.
(15) “Lead-based paint activities” 40 CFR 745.223.
(16) “Lead inspection contractor” means a construction contractor that is licensed by the board to perform inspections or
risk assessments.
(17) “Lead inspector” 40 CFR 745.223.
(18) “Lead supervisor” 40 CFR 745.223.
(19) “Lead worker” or “lead abatement worker” 40 CFR 745.223.
(20) “Minor repair and maintenance” 40 CFR 745.83.
(21) “Prohibited or restricted work activities” 40 CFR 745.85(a)(3).
(22) “Recognized test kit” 40 CFR 745.83.
(23) “Renovation” 40 CFR 745.83.
(24) “Renovation Right Pamphlet” 40 CFR 745.83.
(25) “Risk assessment” 40 CFR 745.223.
(26) “Soil lead hazard” 40 CFR 745.65.
(27) “Target housing” 40 CFR 745.223.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.505–701.520
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12; CCB 3-2012, f. & cert. ef. 3-
2-12; CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 10-2010(Temp), f. &
cert. ef. 6-1-10 thru 9-3-10; CCB 5-2010(Temp), f. & cert. ef. 3-11-10 thru 9-3-10; CCB 2-2010, f. & cert. ef. 2-1-10; CCB
13-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99;
CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 4-1997, f. & cert. ef. 11-3-97; CCB 1-1997, f. & cert. ef. 5-15-97; CCB 6-
1996(Temp), f. & cert. ef. 11-26-96

812-007-0025
Construction Contractors Board Lead-Based Paint Activities Fund
(1) Civil penalties imposed under ORS 701.995 will be deposited to the Construction Contractors Board LBP Activities
Fund.
(2) The board will use the monies in the Construction Contractors Board LBP Activities Fund for lead poisoning
prevention, including consumer and industry outreach, public education, and enforcement activities.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515, 701.520, 701.995
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0031
License Cards
(1) The agency shall issue a license and pocket card effective on the date on which the license becomes effective under
OAR 812-007-0120, 812-007-0130, 812-007-0220, 812-007-0230, 812-007-0320 or 812-007-0330.
(2) A license and pocket card is valid for the term for which it is issued.
(3) If a license becomes invalid, the agency may require the return of the license and pocket card.
(4) There is no charge for the original license and pocket card issued by the agency.
(5) There is a $10 fee to replace a license and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 192.440(4)(a), 701.063, 701.238
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

Page 95 of 167
812-007-0032
Mailing and E-mail Address Changes
(1) Individuals licensed to engage in LBP activities, contractors licensed to engage in LBP activities and certified LBP
renovation contractors shall notify the board of any change in mailing or e-mail addresses while licensed and for one year
following the license expiration date. Such persons must notify the board within 10 days after changing an address.
(2) No charge will be made for a mailing or e-mail address change to the board’s records.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.117, 701.515
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-007-0100
Licenses Required for Lead-Based Paint Activities — Individuals
No individual shall offer to perform or perform LBP activities in target housing or child-occupied facilities without first
receiving certification from OHA and a license from the board, unless such individual is exempt from the board’s
licensing requirements. The following are individuals that perform LBP activities:
(1) Lead assessor;
(2) Lead inspector;
(3) Lead supervisor;
(4) Lead worker.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0110
Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Individuals
(1) An individual applying for a license as a lead assessor must submit the following:
(a) Completed application on a form provided by the board;
(b) The fee established in OAR 812-007-0160; and
(c) Proof that OHA certified the individual as a certified risk assessor.
(d) Copy of OHA photo identification badge.
(2) An individual applying for a license as a lead inspector must submit the following:
(a) Completed application on a form provided by the board;
(b) The fee established in OAR 812-007-0160; and
(c) Proof that OHA certified the individual as a certified inspector.
(d) Copy of OHA photo identification badge.
(3) An individual applying for a license as a lead supervisor must submit the following:
(a) Completed application on a form provided by the board;
(b) The fee established in OAR 812-007-0160; and
(c) Proof that OHA certified the individual as a certified supervisor.
(d) Copy of OHA photo identification badge.
(4) An individual applying for a license as a lead worker must submit the following:
(a) Completed application on a form provided by the board;
(b) The fee established in OAR 812-007-0160; and
(c) Proof that OHA certified the individual as a certified abatement worker.
(d) Copy of OHA photo identification badge.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

Page 96 of 167
812-007-0120
Effective Dates of New License and License Term for Lead-Based Activity Licenses — Individuals
(1) The effective date of the license will be the date the applicant meets all board requirements, including, but not limited
to, the receipt of the fee required under OAR 812-007-0160.
(2) All licenses issued will be non-transferable and will be effective for one year from the date of issue.
(3) All licenses will be assigned a unique number.
(4) An applicant for a license may withdraw the application at any time before issuance of the license upon written
request to the board.
(5) If the board denies the license, it shall state, in writing, the reasons for denial.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0130
Renewal of Lead-Based Paint Activity Licenses — Individuals
Individuals licensed under these rules may renew their licenses by submitting the following:
(1) A properly completed application for license renewal on a form provided by the board;
(2) The fee established in OAR 812-007-0160; and
(3) Proof that the individual is certified by OHA.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0150
Denial, Suspension or Revocation of Lead-Based Paint Activity Licenses — Individuals
(1) The board may deny, suspend, or revoke an individual’s license on the following grounds:
(a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training,
professional registration, or experience;
(b) Gaining admission to or completing continuing education by misrepresenting initial or previous education;
(c) Obtaining a license through invalid documentation;
(d) Permitting the duplication or use of the license by another;
(e) Failing to comply with applicable work practice standards in 40 CFR 745.227; or
(f) Being subject to a final administrative order or criminal conviction based on engaging in a prohibited act under rules of
OHA or the board.
(2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with
ORS 183.310 to 183.470.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-
1-10

812-007-0160
Fees for Lead-Based Paint Activity Licenses — Individuals
(1) All license and renewal application fees are non-refundable and non-transferrable.
(2) The following fees are established:
(a) Lead assessor, $50/year.
(b) Lead inspector, $50/year.
(c) Lead supervisor, $50/year.

Page 97 of 167
(d) Lead worker, $25/year.
(3) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the agency
will charge the applicant $25 in addition to the required fees.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0200
Licenses Required for Lead-Based Paint Activities — Contractors
(1) No contractor shall offer to perform or perform LBP abatement in target housing or child-occupied facilities without
first receiving certification from OHA and a license from the board as a lead abatement contractor, unless such
contractor is exempt from the certification or licensing requirements.
(2) No contractor shall offer to perform or perform LBP inspection or risk assessment in target housing or child-occupied
facilities without first receiving certification from OHA and a license from the board as a lead inspection contractor,
unless such contractor is exempt from the certification or licensing requirements.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0205
Qualified Owner or Employee Required for Lead-Based Paint Activities — Contractors
(1) A lead abatement contractor must, at all times, have at least one owner or employee who is a licensed lead supervisor.
(2) A lead inspection contractor must, at all times, have at least one owner or employee who is a licensed lead inspector
or a licensed lead risk assessor.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0210
Application and Eligibility Requirements for Lead-Based Paint Activity Licenses — Contractors
(1) A person applying for a license as a lead abatement contractor must submit the following:
(a) Completed application on a form provided by the board;
(b) Proof that the person is licensed by the board as a construction contractor;
(c) The fee established in OAR 812-007-0260;
(d) Proof that the applicant is owned by or employs one or more persons who are licensed lead supervisor(s); and
(e) Proof that OHA certified the person as qualified to perform abatement.
(2) A person applying for a license as a lead inspection contractor must submit the following:
(a) Completed application on a form provided by the board;
(b) Proof that the person is licensed by the board as a construction contractor;
(c) The fee established in OAR 812-007-0260;
(d) Proof that the applicant is owned by or employs one or more persons who are licensed lead inspector(s) or licensed
lead risk assessor(s); and
(e) Proof that OHA certified the person as qualified to perform inspection or risk assessment.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0220
Effective Dates of New License and License Term for Lead-Based Activity Licenses — Contractors

Page 98 of 167
(1) The effective date of the license will be the date the applicant meets all board requirements, including, but not limited
to, the receipt of the fee required under OAR 812-007-0260.
(2) All licenses issued will be non-transferable and will be effective for one year from the date of issue.
(3) All licenses will be assigned a unique number.
(4) An applicant for a license may withdraw the application at any time before issuance of the license upon written
request to the board.
(5) If the board denies the license, it shall state, in writing, the reasons for denial.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0230
Renewal of Lead-Based Paint Activity Licenses — Contractors
Persons licensed under these rules may renew their licenses by submitting the following:
(1) A properly completed application for license renewal on a form provided by the board;
(2) Proof that the person is licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0260; and
(4) Proof that the contractor is certified by OHA.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0250
Denial, Suspension or Revocation of License for Lead-Based Paint Activities — Contractors
(1) The board may deny, suspend, or revoke a license of a lead abatement contractor or a lead inspection contractor on
the following grounds:
(a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training,
professional registration, or experience;
(b) Obtaining a license through invalid documentation;
(c) Performing work requiring a license without having a current valid original license identification card available at the
job site for inspection;
(d) Performing work for which there is no current, appropriate certification issued by OHA;
(e) Permitting the duplication or use of the license by another;
(f) Failing to comply with applicable work practice standards in 40 CFR 745.227;
(g) Failing to comply with local, state, or federal statutes or regulations including execution of a consent agreement in
settlement of an enforcement action;
(h) Failing to maintain required records;
(i) Being subject to a final administrative order or criminal conviction based on engaging in a prohibited act under rules of
the Department or the board;
(j) Failing to comply with a consent agreement in settlement of an enforcement action;
(k) For a lead abatement contractor, failing to have an owner or employee that is a licensed lead supervisor or lead
worker; or
(l) For a lead inspection contractor, failing to have an owner or employee that is a licensed lead inspector or licensed lead
assessor.
(2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with
ORS 183.310 to 183.470.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515

Page 99 of 167
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-
1-10

812-007-0260
Fees for Lead-Based Paint Activity Licenses — Contractors
(1) All license and renewal application fees are non-refundable and non-transferrable.
(2) The following fees are established:
(a) Lead abatement contractor, $50/year.
(b) Lead inspection contractor, $50/year.
(3) If the board receives payment of fees by check and the check is returned to the board as an NSF check, the board will
charge the applicant $25 in addition to the required fees.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0300
License Required for Lead-Based Paint Renovation
No contractor shall offer to perform or perform renovation in target housing or child-occupied facilities without first
receiving a certified LBP renovation contractor license from the board, unless such contractor is exempt from the
board’s licensing requirements.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 12-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0310
Application and Eligibility Requirements for Certified Lead-Based Paint Renovation Contractor
A person applying to become a certified LBP renovation contractor must submit the following:
(1) Completed application on a form provided by the board;
(2) Proof that the person is licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0360; and
(4) Proof that the licensee is owned by or employs at least one individual who has a current and valid course completion
certificate evidencing that the individual is a certified renovator as provided in 40 CFR 745.83.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 8-2010, f. & cert. ef. 4-28-10; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0320
Effective Dates of New License and License Term for Certified Lead-Based Paint Renovation Contractor License
(1) The effective date of the license will be the date the applicant meets all board requirements, including but not limited
to the receipt of the fee required under OAR 812-007-0360.
(2) All licenses issued will be non-transferable and will be effective for one year from the date of issue.
(3) All licenses will be assigned a unique number.
(4) An applicant for a license may withdraw the application at any time before issuance of the license upon written
request to the board.
(5) If the board denies the license, it shall state, in writing, the reasons for denial.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 3-2012, f. & cert. ef. 3-2-12; CCB 2-2010, f. & cert. ef. 2-1-10

Page 100 of 167

812-007-0323
License Surrender
A certified LBP renovation contractor may request that the board accept the surrender of its license.
(1) The license remains in effect until the board accepts the surrender.
(2) If the board accepts the surrender, the board will notify the licensee of the date the license terminates.
(3) The board will not accept the surrender if an investigation of or disciplinary action against the licensee is pending.
(4) The licensee must cease renovating target housing or child-occupied facilities from the date the license terminates
through the remainder of the license period.
(5) The board will not reinstate the surrendered license.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 18-2010(Temp), f. & cert. ef. 12-22-10 thru 6-19-11

812-007-0330
Renewal of Certified Lead-Based Paint Renovation Contractor License
Persons licensed under these rules may renew their licenses by submitting the following:
(1) A properly completed application for license renewal on a form provided by the board;
(2) Proof that the person is licensed by the board as a construction contractor;
(3) The fee established in OAR 812-007-0360; and
(4) Proof that the licensee is owned by or employs at least one individual who has a current and valid course completion
certificate evidencing that the individual is a certified renovator as provided in 40 CFR 745.83.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 8-2010, f. & cert. ef. 4-28-10; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0350
Denial, Suspension or Revocation of Certified Lead-Based Paint Renovation Contractor License
(1) The board may deny, suspend, or revoke a license of a certified LBP renovation contractor on the following grounds:
(a) Obtaining a license through invalid documentation;
(b) Permitting the duplication or use of the license by another;
(c) Violating a rule of the board; or.
(d) Violating 40 CFR §745.84 (information distribution requirements), 40 CFR §745.85 (work practice standards), or 40
CFR §745.86 (recordkeeping and reporting requirements).
(2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with
ORS 183.310 to 183.470.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.510, 701.515
History: CCB 2-2017, f. 8-25-17, cert. ef. 9-1-17; CCB 3-2012, f. & cert. ef. 3-2-12; CCB 12-2011, f. 9-29-11, cert. ef. 10-
1-11; CCB 8-2010, f. & cert. ef. 4-28-10; CCB 2-2010, f. & cert. ef. 2-1-10

812-007-0360
Fees for Certified Lead-Based Paint Renovation Contractor Licenses
(1) All license and renewal application fees are non-refundable and non-transferrable.
(2) The fee for a certified LBP renovation contractor license is $50/year.
(3) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the board will
charge the applicant $25 in addition to the required fees.
Statutory/Other Authority: ORS 670.310, 701.235, 701.515
Statutes/Other Implemented: ORS 701.515

Page 101 of 167

History: CCB 2-2010, f. & cert. ef. 2-1-10

DIVISION 8
CERTIFICATION OF INDIVIDUALS AND LICENSING OF BUSINESSES ENGAGED IN HOME INSPECTIONS

812-008-0000
Authority, Purpose, Scope
(1) Authority. These rules are promulgated in accordance with and under the authority of ORS Chapter 701.
(2) Purpose.
(a) The purpose of these rules is to create a program to certify home inspectors.
(b) These rules prescribe the requirements for certification and practices of individuals, and licensing of businesses
engaged in home inspections.
(c) These rules cover businesses and all individuals who offer to undertake, submit a bid to undertake or undertake a
home inspection.
(d) These rules identify when an inspection and report that is limited to one or more specific systems or components of a
residential structure or appurtenance is not a sufficient assessment of the overall physical condition of the structure or
appurtenance to constitute the services of a home inspector.
(3) Scope.
(a) These rules are limited to the establishment of certification for individuals and licensing of businesses that offer to
undertake, submit a bid to undertake or undertake certified home inspections.
(b) These rules prescribe the requirements for, and the manner of certifying applicants to be Oregon certified home
inspectors and the licensing of businesses employing these individuals, to assure the protection of consumers.
(c) These rules establish prescribed fees to the extent necessary to defray costs of those activities prescribed herein.
Statutory/Other Authority: ORS 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 17-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 1-1998, f. & cert. ef. 2-
6-98

812-008-0020
Definitions
The following definitions apply to Division 8 of OAR chapter 812:
(1) “Administrator” means the Administrator of the agency.
(2) “Agency” means the Oregon Construction Contractors Board.
(3) “Automatic safety controls” means the devices designed and installed to protect systems and components from
excessively high or low pressures and temperatures, excessive electrical current, loss of water, loss of ignition, fuel, leaks,
fire, freezing, or other unsafe conditions.
(4) “Central air conditioning” means a system that uses ducts to distribute cooled and/or dehumidified air to more than
one room or uses pipes to distribute chilled water to heat exchangers in more than one room, and that is not plugged into
an electrical convenience outlet.
(5) “Certified individual” means an individual who successfully passed a test accredited by the agency or who successfully
passed the National Home Inspector Examination and who completes the education required for renewal and satisfies
any other requirements established by OAR chapter 812.
(6) “Component” means a readily accessible and observable aspect of a system, such as a floor, or wall, but not individual
pieces such as boards or nails where many similar pieces make up the component. “Component” also includes, but is not
limited to, the separate parts of an installed appliance or an electric or gas-powered system, including, but not limited to,
a water heater, furnace or air conditioning unit.
(7) “Conspicuous” as used in these regulations shall mean a term or clause is conspicuous when it is so written that a
reasonable person against whom it is to operate ought to have noticed it. A printed heading in capitals (as:

Page 102 of 167

NONNEGOTIABLE BILL OF LADING) is conspicuous. Language in the body of a form is “conspicuous” if it is in larger or
other contrasting type or color. But in a telegram any stated term is “conspicuous.” Whether a term or clause is
“conspicuous” or not is for decision by the court.
(8) “Cross connection” means any physical connection or arrangement between potable water and any source of
contamination.
(9) “Dangerous or adverse situations” means situations that pose a threat of injury to the Oregon certified home
inspector, or damage to the property.
(10) “Describe” means report in writing a system or component by its type, or other observed characteristics, to
distinguish it from other components or system used for the same purpose.
(11) “Dismantle” means to take apart or remove any component, device or piece of equipment that is bolted, screwed or
fastened by other means and that would not be dismantled by a homeowner in the course of normal household
maintenance.
(12) “Energy audit” means evaluation or testing of components or systems with a focus on energy efficiency or renewable
energy, which may lead to recommendations that improve energy efficiency or renewable energy generation. “Energy
audit” also includes quality assurance review or verification of installed or retrofitted components or systems impacting
energy efficiency or renewable energy generation.
(13) “Enter” means to go into an area and observe all visible components.
(14) “Forensic evaluation” means evaluation or testing of components or systems for purposes of envelope analysis,
materials testing or failure due to water intrusion or other external causes.
(15) “Functional drainage” means a drain is functional when it empties in a reasonable amount of time.
(16) “Functional flow” means a reasonable flow at the highest fixture in a dwelling when another fixture is operated
simultaneously.
(17) “Home performance testing” means evaluation or testing of components or systems for purposes of comfort, energy
efficiency, safety or indoor air quality.
(18) “Home inspection” means an inspection of substantially all of the components or systems as set forth in 812-008-
0205 through 812-008-0214 for the purpose of determining the overall physical condition and habitability of the
inspected structure at the time of inspection. A home inspection is not a re-inspection of isolated repairs made as part of
a real estate transaction. A home inspection does not include energy audit, forensic evaluation or home performance
testing.
(19) “Installed” means attached or connected such that the installed item requires tools for removal.
(20) “Normal operating controls” means homeowner-operated devices such as but not limited to thermostat, wall switch,
or safety switch.
(21) “Observe” means the act of making a visual examination.
(22) “On-site water supply quality” means water quality based on the bacterial, chemical, mineral, and solids content of
the water.
(23) “On-site water supply quantity” means the water quantity based on the rate of flow of water.
(24) “Operate” means to cause systems or equipment to function.
(25) “Oregon certified home inspector” means a person certified pursuant to ORS chapter 701, chapter 814, 1997
Oregon Laws and OAR chapter 812.
(26) “Readily accessible panel” means a panel provided for homeowner inspection and maintenance that has removable
or operable fasteners or latch devices in order to be lifted off, swung open, or otherwise removed by one person; and its
edges and fasteners are not painted into place. This definition is limited to those panels within normal reach or from a
four-foot stepladder, and that are not blocked by stored items, furniture, or building components.
(27) “Representative number” for multiple identical components such as windows and electrical outlets means one such
component per room; for multiple identical exterior components, one such component on each side of the building.
(28) “Roof drainage systems” means gutters, downspouts, leaders, splash blocks, and similar components used to carry
water off a roof and away from a building.

Page 103 of 167

(29) “Shut down” means a piece of equipment or a system is shut down when it cannot be operated by the device or
control that a homeowner should normally use to operate it or detached from a plug source. If its safety switch or circuit
is in the “off” position or its fuse is missing or blown, the inspector is not required to reestablish the circuit for the
purpose of operating the equipment or system.
(30) “Solid fuel heating device” means any wood, coal, or other similar organic fuel burning device, including but not
limited to fireplaces whether masonry or factory built, fireplace inserts and stoves, wood stoves (room heaters), central
furnaces, and combinations of these devices.
(31) “Structural component” means a component that supports non-variable forces or weights (dead loads) and variable
forces or weights (live loads).
(32) “System” means a combination of interacting or interdependent components, assembled to carry out one or more
functions. “System” also includes, but is not limited to, an installed appliance or an electric or gas-powered system,
including but not limited to, a water heater, furnace or air conditioning unit.
(33) “Technically exhaustive” means an inspection involving the extensive use of measurements, instruments, testing,
calculations, and other means to develop scientific or engineering findings, conclusions, and recommendations.
(34) “Underfloor crawl space” means the area within the confines of the foundation and between the ground and the
underside of the lowest floor structural component.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15; CCB 17-2011, f. 12-13-11, cert.
ef. 1-1-12; CCB 7-2006, f. & cert. ef. 6-23-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0030
Certification and License Required
(1) Except as provided in section (3) of this rule, no individual shall undertake, offer to undertake or submit a bid to do
work as an Oregon certified home inspector without first receiving certification to do same from the agency and without
being an owner or employee of a business that is licensed with the agency.
(2) Except as provided in section (3) of this rule, no business shall undertake, offer to undertake or submit a bid to do
work as an Oregon certified home inspector without first becoming licensed with the agency as a residential general
contractor, a residential specialty contractor, or a home inspection services contractor and without having an owner or
employee who is an Oregon certified home inspector by the agency.
(3) The following persons are exempt from the requirements of this rule.
(a) Persons registered each year as a general contractor under ORS Chapter 701 during the period from January 1, 1991,
though August 11, 1997, as provided in section (3)(b) of Chapter 814, 1997 Oregon Laws.
(b) Persons performing an energy audit or issuing a report on an energy audit.
(c) Persons performing a forensic evaluation or issuing a report on a forensic evaluation.
(d) Persons performing home performance testing or issuing a report on a home performance testing.
(e) Persons who assign home energy performance scores for residential buildings.
(4) No person, including persons covered by section (3) of this rule, shall use the title Oregon certified home inspector
without receiving such certification from the agency.
(5) Certified individuals and licensed business undertaking certified home inspections shall comply with the standards of
practice for undertaking certified home inspections as prescribed in these rules.
(6) All certificates for individuals to undertake home inspections are renewable upon meeting all requirements, including
continuing education, as established by OAR chapter 812.
(7) Home inspection service contractors are not required to complete continuing education.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.081, 701.084, 701.350, 701.355
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 17-2011, f. 12-13-11, cert. ef. 1-1-12; CCB 5-2008, f. 2-29-08,

Page 104 of 167

cert. ef. 7-1-08; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 5-1999, f. & cert.
ef. 9-10-99; CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-25-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-
1998, f. & cert. ef. 2-6-98

812-008-0040
Application Requirements and Eligibility Requirements
(1) An individual must submit the following to qualify for certification:
(a) An application on a form provided by the agency;
(b) The fee established in OAR 812-008-0110;
(c) If applicable, CCB number and name of employing licensee;
(d) Proof of minimum of 20 education points as set forth in sections (3) and (4) of this rule;
(e) Evidence of successful passage of the National Home Inspector Examination; and
(f) A signed statement that the individual has read and understands the home inspector standards of behavior, as set
forth in OAR 812-008-0201, and the home inspector standards of practice, as set forth in 812-008-0202 through 812-
008-0214.
(2) A business must do the following to qualify for a license:
(a) Become licensed with the agency as a residential general contractor, a residential specialty contractor or a home
inspection services contractor;
(b) Have as an owner or employee one or more individuals who have obtained a certificate from the agency to undertake
certified home inspections;
(c) Submit an application on a form prescribed by the agency; and
(d) Submit the fee as prescribed in OAR chapter 812.
(3) An individual applicant must provide the agency with acceptable documentation that the applicant has accumulated a
minimum of 20 education points from the following choices:
(a) Ten points for a completed, 3-credit hour minimum class with a passing grade in home inspection at an accredited
college or university.
(b) One point for each completed 3-hour minimum class with a passing grade in construction, remodeling, engineering,
architecture, building design, building technology, or real estate at an accredited college or university.
(c) One point for each completed “ride-along” inspection performed under the direct supervision of an Oregon certified
home inspector.
(d) One point for each completed 3-hour minimum class with a passing grade in approved subject areas in OAR 812-008-
0074(1) by approved education providers under 812-008-0074(2) that are not colleges or universities.
(4) The individual applicant may substitute the following experiences for all or part of the education requirements in
OAR 812-008-0040(3):
(a) Four points for each completed 12 months legally working as a home inspector in Oregon or another state or country.
(b) Two points for each completed 12 months working or teaching at an accredited college or university, trade school or
private business for monetary compensation in construction, remodeling, engineering, architecture, building design,
building technology, real estate, or building inspections.
(c) One-half point for each letter of recommendation from an Oregon-certified home inspector.
(d) One point for each building codes certification issued by a government agency.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.081, 701.084, 701.350, 701.355
History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 5-2008, f. 2-29-08, cert.
ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 5-2002, f. 5-28-02,
cert. ef. 6-1-02; CCB 3-2002, f. & cert. ef. 3-1-02; CCB 7-2001(Temp), f. & cert. ef. 10-31-01 thru 4-29-02; CCB 6-2001, f.
& cert. ef. 9-27-01; CCB 2-2001, f. & cert. ef 4-6-01; CCB 14-2000, f. & cert. ef. 12-4-00; CCB 12-2000(Temp), f. & cert.
ef 10-16-00 thru 4-13-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-2000, f. 2-

Page 105 of 167

25-00, cert. ef. 3-1-00; Reverted to CCB 2-1999, f. & cert. ef. 5-4-99; CCB 3-1999(Temp), f. & cert. ef. 6-29-99 thru 12-
25-99; CCB 2-1999, f. & cert. ef. 5-4-99; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0050
Examination Requirements
(1) Beginning October 1, 2015, home inspector applicants shall successfully pass the National Home Inspector
Examination created and graded by the Examination Board of Professional Home Inspectors.
(2) National Home Inspector Examinations passed before October 1, 2015, may be used if the applicant applies for
certification on or after October 1, 2015.
(3) The examination shall be administered at a test center in Oregon designated by the Examination Board of
Professional Home Inspectors or in any other state that administers the National Home Inspector Examination.
(4) Successful applicants will submit their official score sheet to the agency. The agency may verify with the Examination
Board of Professional Home Inspectors the validity of any official score sheet.
(5) Retesting after a failed examination will be administered in accordance with protocols of the Examination Board of
Professional Home Inspectors.
(6) This requirement does not apply to any home inspector certified by the agency before October 1, 2015, whose
certification is current and in good standing.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15; CCB 3-2006, f. & cert. ef. 3-2-06; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-
04; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 6-1999, f. 9-10-99, cert. ef. 11-1-99; CCB 8-
1998, f. 10-29-98, cert. ef. 11-1-98; Reverted to CCB 4-1998, f. & cert. ef. 4-30-98; CCB 5-1998(Temp), f. & cert. ef 5-28-
98 thru 7-1-98; CCB 4-1998, f. & cert. ef. 4-30-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0060
Certification Issuance
(1) The effective date of the certificate will be the date applicant meets all agency requirements, including but not limited
the receipt of the fee required under OAR 812-008-0110.
(2) A unique certification number will be assigned to each certificate.
(3) All certificates shall be issued in the name of the individual who passed the test.
(4) An application for certification may be withdrawn upon receipt of a written request to the agency at any time prior to
the issuance of the certification.
(5) When granted, the certificate shall be mailed to the applicant.
(6) If denied, the agency shall state, in writing, the reasons for denial.
(7) A certificate shall be non-transferable and shall be effective for two years from date of issue.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 4-2003, f. & cert. ef. 6-3-
03; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0065
Mailing and E-mail Address Changes
(1) Certified home inspectors shall notify the board of any change in mailing or e-mail addresses while certified and for
one year following the certification expiration date. Such persons must notify the board within 10 days after changing an
address.
(2) No charge will be made for a mailing or e-mail address change to the board’s records.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.117, 701.350

Page 106 of 167

History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-008-0070
Requirements for Renewal of Certification
(1) An Oregon certified home inspector shall submit the following to the agency for renewal of certification:
(a) A properly completed renewal application on an agency form; and
(b) The renewal fee as required under OAR 812-008-0110; and
(c) Copies of completion certificates or other proof of completion listing no less than 30 continuing education units
(CEUs) completed by the Oregon certified home inspector during the two years immediately preceding the expiration
date of the certification for which renewal is sought.
(2) If, during the two years immediately preceding the expiration date of the certification, an Oregon certified home
inspector served on active duty in the United States armed forces, including but not limited to mobilization or
deployment, the continuing education requirement is waived for that two-year period.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 2-2006, f. & cert. ef. 1-26-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 2-2003, f. & cert. ef. 3-4-03;
CCB 6-2001, f. & cert. ef. 9-27-01; CCB 4-1999, f. & cert. ef. 6-29-99

812-008-0072
Approved Continuing Education Units
The following continuing education units (CEUs) are approved:
(1) One CEU for each completed clock hour of instruction of approved subject matter in OAR 812-008-0074(1) given by
the following:
(a) Education providers approved under OAR 812-008-0074(3).
(b) Accredited colleges or universities.
(c) Federal, state or local government agencies.
(d) Education providers approved or accredited by federal, state or local government agencies.
(2) One CEU for accompanying a plumbing, electrical, or heating and air conditioning contractor who is licensed with the
Building Codes Division, on a repair or maintenance job that lasts a minimum of four hours. No more than one CEU shall
be granted in each of the three areas per two-year renewal period for a total of three CEUs.
(3) One CEU for each year completed for serving as an officer of an Oregon or national home inspector professional
trade association.
(4) One CEU for each clock hour for providing “ride-along” inspection training, as authorized by OAR 812-008-
0040(3)(c), to home inspector certification applicants.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 14-2006, f. 12-12-06, cert.
ef. 1-1-07; CCB 2-2006, f. & cert. ef. 1-26-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 4-2003, f. & cert. ef. 6-3-03; CCB
10-2002, f. & cert. ef. 11-20-02; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00; CCB 5-1999,
f. & cert. ef. 9-10-99; CCB 4-1999, f. & cert. ef. 6-29-99

812-008-0074
Approved Course Subjects and Education Providers
(1) The following subject areas are approved for continuing education units: Report writing, communication skills,
business practices, legal issues, ethics, national examination content items, building codes, construction, renovation,
lead-based paint and home inspector standards of practice.
(2) If applicable, a foreign company applying to be an education provider must be authorized by the Oregon Corporation

Page 107 of 167

Division to do business in Oregon. All education provider applicants must register their assumed business name(s) used
in Oregon with the Oregon Corporation Division.
(3) Education provider applicants shall complete an application form prescribed by the agency that shall include but is
not limited to the following information:
(a) Evidence that the education provider applicant complies with section (2) of this rule.
(b) An outline that demonstrates the goals and objectives of the education program are appropriate for Oregon Home
Inspectors;
(c) Certification that the courses intended for Oregon Home Inspectors are in the approved subject matter stated in OAR
812-008-0074(1).
(d) Certification that the instructors are qualified and have:
(A) Experience in subject matter.
(B) Licenses, certificates, and/or degrees in subject matter.
(C) Background in training or adult education; and
(D) Knowledge of home inspection industry.
(e) Certification that the criteria used by the education provider to approve and evaluate instructors and courses are
stringent and ongoing.
(4) Education providers offering continuing education units as defined in 812-008-0072(1)(a) shall provide completion
certificates to course attendees within 30 days from the date of course completion. Course completion certificates shall
include but are not limited to the following:
(a) Education provider’s name;
(b) Attendee’s name;
(c) Date of course;
(d) Subject areas covered in course;
(e) Number of clock hours or continuing education units; and
(f) Signature of education program designee.
(5) The agency may terminate a provider’s program if they do not meet the agency’s approved criteria.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 1-2011, f. 2-28-11, cert. ef. 3-1-11; CCB 17-2010, f. 12-22-10, cert.
ef. 1-1-11; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 14-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2006, f. 5-25-06,
cert. ef. 6-1-06; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 5-1999, f. & cert. ef. 9-10-99

812-008-0076
Certification Renewal Term, Effective Date
(1) Certification renewal shall be effective on the day following the expiration date of the certification for which renewal
is sought if an Oregon certified home inspector fulfills all requirements of OAR 812-008-0070 on or before the
expiration date.
(2) If an Oregon certified home inspector fails to fulfill all requirements of OAR 812-008-0070 on or before the
expiration date of the certification for which renewal is sought, but fulfills all such requirements at a future date,
certification renewal shall be effective on the day all requirements for renewal are completed. However, during the
period from the expiration date of the certification for which renewal is sought and the date upon which all requirements
of 812-008-0070 are fulfilled, the certification of the individual formerly an Oregon certified home inspector is not in
effect, and the prohibition of 812-008-0030(1) applies.
(3) An applicant for renewal shall fulfill all requirements of OAR 812-008-0070 when applicant’s previous certification
has expired for two years or less.
(4) An applicant for renewal shall fulfill all requirements of OAR 812-008-0040 when applicant’s previous certification
has expired for more than two years. Each time an applicant completes the requirements of 812-008-0040, applicant will

Page 108 of 167

be issued a new certification number.
Statutory/Other Authority: ORS 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 3-2002, f. & cert. ef. 3-1-02; CCB 4-1999, f. & cert. ef. 6-29-99

812-008-0077
Certification Cards
(1) The agency shall issue a certification and pocket card effective on the date on which the certification becomes
effective under OAR 812-008-0060 or 812-008-0076.
(2) A certification and pocket card is valid for the term for which it is issued.
(3) If a certification becomes invalid, the agency may require the return of the certification and pocket card.
(4) There is no charge for the original certification and pocket card issued by the agency.
(5) There is a $10 fee to replace a certification and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 192.440(4)(a), 701.063, 701.238
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-008-0090
Revocation of Certification
The Construction Contractors Board may revoke the certificate of an Oregon certified home inspector or the license of a
business that performs work as a home inspector for failure of the Oregon certified home inspector to:
(1) Comply with one or more of the “Standards of Practice” set forth in OAR 812-008-0202 through 812-008-0214.
(2) Comply with one or more of the “Standards of Behavior” set forth in OAR 812-008-0201.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 8-2009, f. 12-28-09, cert. ef. 1-1-10; CCB 3-2006, f. & cert. ef. 3-2-06; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-
00; CCB 4-1999, f. & cert. ef. 6-29-99; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0110
Prescribed Fees
The following prescribed fees are established:
(1) Initial two-year Certification, $150.
(2) Certification renewal (two years), $150.
(3) Refunds:
(a) The agency shall not refund fees or civil penalties overpaid by an amount of $20 or less unless requested by the payer
in writing within three years after the date payment is received by the agency, as provided by ORS 293.445.
(b) Except as set forth in subsection (3)(c) of this rule, all fees are non-refundable and nontransferable.
(c) When an applicant withdraws their application for a certification or a certification renewal prior to issuance of a
certification or certification renewal, or fails to complete the certification process, the agency may refund the
certification fee but shall retain a processing fee of $40.
(d) If the agency receives payment of any fees or penalty by check and the check is returned to the agency as an NSF
check, the payer of the fees will be assessed an NSF charge of $25 in addition to the required payment of the fees or
penalty.
(4)(a) Any certified home inspector in the United States armed forces need not pay a renewal fee if such fee would be due
during the certified home inspector’s active duty service.
(b) A certified home inspector in the United States armed forces shall pay the next license renewal fee that will become
due after the certified home inspector is discharged from active duty service.
(c) The agency may request that the certified home inspector provide documentation of active duty status and of

Page 109 of 167

discharge.
Statutory/Other Authority: ORS 293.445, 670.310, 701.235, 701.350
Statutes/Other Implemented: ORS 293.445, 701.350, 701.355
History: CCB 1-2015, f. 7-1-15, cert. ef. 10-1-15; CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 7-2007, f. 12-13-07,
cert. ef. 1-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 4-2003, f. & cert. ef. 6-
3-03; CCB 1-2003(Temp), f. & cert. ef. 1-14-03 thru 7-13-03; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 4-1999, f. & cert. ef.
6-29-99; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0200
Standards of Behavior and Standards of Practice
OAR 812-008-0201 sets forth the standards of behavior of Oregon certified home inspectors. OAR 812-008-0202
through 812-008-0214 of this rule set forth the minimum standards of practice required by Oregon certified home
inspector.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0201
Standards of Behavior
(1) An Oregon certified home inspector shall not:
(a) Engage in dishonest or fraudulent conduct or undertake activities that are injurious to the welfare of the public, which
result in injury or damage to another person.
(b) Disclose any information about the results of an inspection without the approval of the client for whom the inspection
was undertaken.
(c) Accept compensation or any other consideration from more than one interested party for the same service without
the consent of all interested parties.
(d) Directly or indirectly compensate realty agents, or other parties having a financial interest in closing or settlement of
real estate transactions, for the referral of inspections or for inclusion on a list of recommended inspectors, preferred
providers or similar arrangements. This paragraph is not intended to prohibit any discount, credit or add-on service made
directly to an inspector’s client.
(e) Accept financial or other consideration, such as material or equipment, from suppliers for suggesting the use of, or
promoting a specific product in the course of performing an inspection.
(f) Accept compensation, directly or indirectly, for recommending contractors, services, or products to inspection clients
or other parties having an interest in inspected properties.
(g) Inspect properties under contingent arrangements whereby any compensation or future referrals are dependent on
reported findings or on the sale of a property.
(h) Express, within the context of an inspection, an appraisal or opinion of the market value of the inspected property.
(i) Allow his or her interest in any business to affect the quality or results of inspection work that the Oregon certified
home inspector may be called upon to undertake.
(j) Misrepresent any matters to the public.
(2) Opinions expressed by Oregon certified home inspectors shall only be based on their education, experience, and
physical evidence observed by the inspector.
(3) Before the execution of a contract to undertake a home inspection, an Oregon certified home inspector shall disclose
to the client any interest in a business that may affect the client.
(4) Nothing in OAR 812-008-0201 shall prohibit a business offering home inspection services from advertising services
or for the purpose of recruiting employees and personnel. All such advertisements shall not be misleading or deceptive. A

Page 110 of 167

business shall not advertise home inspection services unless the business is properly licensed.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 14-2008, f. 6-30-08, cert. ef. 7-1-08; Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-
1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB
7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98;
CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0202
Contracts and Reports
(1) Home inspections undertaken according to Division 8 shall be based solely on the property conditions, as observed at
the time of the home inspection.
(2) Oregon certified home inspectors shall:
(a) Provide a written inspection contract, signed by both the Oregon certified home inspector and client, prior to
completing a home inspection that shall:
(A) State that the home inspection is in accordance with standards and practices set forth in division 8 of OAR chapter
812;
(B) Describe the services provided and their cost;
(C) State where the planned inspection differs from the standard home inspection categories as set forth in OAR 812-
008-0205 through 812-008-0214; and
(D) Conspicuously state whether the home inspection includes a wood destroying organism inspection and if such
inspection is available for a fee.
(E) For the purpose of this rule, a home inspection shall be deemed completed when the initial written inspection report
is delivered.
(b) Observe readily visible and accessible installed systems and components listed as part of a home inspection as
defined by these rules unless excluded pursuant to these rules in OAR 812-008-0200 through 812-008-0214; and
(c) Submit a written report to the client that shall:
(A) Describe those systems and components as set forth in OAR 812-008-0205 through 812-008-0214;
(B) Record in the report each item listed in OAR 812-008-0205 through 812-008-0214 and indicate whether or not the
property inspected was satisfactory with regard to each item of inspection; it will not be sufficient to satisfy subsection
(2)(c) of this rule that the certified home inspector prepare a report listing only deficiencies;
(C) State whether any inspected systems or components do not function as intended, allowing for normal wear and tear;
and how, if at all, the habitability of the dwelling is affected;
(D) State the inspector’s recommendation to monitor, evaluate, repair, replace or other appropriate action;
(E) State the Construction Contractors Board license number of the business and the name, certification number and
signature of the person undertaking the inspection; and
(F) Include on the first page of the contract and on the first page of the report, in bold-faced, capitalized type and in at
least 12 point font, the following statement:
“THIS REPORT IS INTENDED ONLY FOR THE USE OF THE PERSON PURCHASING THE HOME INSPECTION
SERVICES. NO OTHER PERSON, INCLUDING A PURCHASER OF THE INSPECTED PROPERTY WHO DID NOT
PURCHASE THE HOME INSPECTION SERVICES, MAY RELY UPON ANY REPRESENTATION MADE IN THE REPORT.”
(d) Submit to each customer at the time the contract is signed a copy of “Home Inspection Consumer Notice.”
(3) Division 8 does not limit Oregon certified home inspectors from reporting observations and conditions or rendering
opinions of items in addition to those required in Division 8.
(4) All written reports, bids, contracts, and an individual’s business cards shall include the Oregon certified home
inspector’s certification number.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355

Page 111 of 167

Statutes/Other Implemented: ORS 701.350, 701.355
History: CCB 7-2009, f. 11-30-09, cert. ef. 1-1-10; CCB 3-2006, f. & cert. ef. 3-2-06; Renumbered from 812-008-0080,
CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB
9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-
1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0203
General Limitations
(1) Inspections undertaken in accordance with division 8 are visual and are not technically exhaustive.
(2) “Residential structures” and “appurtenances” thereto are defined in ORS Chapter 701.005 and OAR 812-008-0020.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0204
General Exclusions
(1) Oregon certified home inspectors are not required to report on:
(a) Life expectancy of any component or system;
(b) The causes of the need for a repair;
(c) The methods, materials, and costs of corrections;
(d) The suitability of the property for any specialized use;
(e) Compliance or non-compliance with codes, ordinances, statutes, regulatory requirements or restrictions;
(f) The advisability or inadvisability of purchase of the property;
(g) The presence or absence of pests such as wood damaging organisms, rodents, or insects;
(h) Cosmetic items, underground items, or items not permanently installed; or
(i) Detached structures.
(2) Oregon certified home inspectors are not required to:
(a) Offer or undertake any act or service contrary to law;
(b) Offer warranties or guarantees of any kind;
(c) Offer to undertake engineering, architectural, plumbing, electrical or any other job function requiring an occupational
license in the jurisdiction where the inspection is taking place, unless the Oregon certified home inspector holds a valid
occupational license, in which case the Oregon certified home inspector may inform the client that the home inspector is
so certified, and is therefore qualified to go beyond division 8 and undertake additional inspections beyond those within
the scope of the basic inspection;
(d) Calculate the strength, adequacy, or efficiency of any system or component;
(e) Enter any area, undertake any procedure that may damage the property or its components, or be dangerous to the
Oregon certified home inspector or other persons;
(f) Operate any system or component that is shut down or otherwise inoperable;
(g) Operate any system or component that does not respond to normal operating controls;
(h) Disturb insulation, move personal items, panels, furniture, equipment, plant life, soil, snow, ice, or debris that
obstructs access or visibility;
(i) Determine the presence or absence of any suspected adverse environmental condition or hazardous substance,
including but not limited to toxins, carcinogens, noise or contaminants in the building or soil, water, and air;
(j) Determine the effectiveness of any system installed to control or remove suspected hazardous substances;
(k) Predict future condition, including but not limited to failure of components;
(l) Project operating costs of components;

Page 112 of 167

(m) Evaluate acoustical characteristics of any system or component;
(n) Observe special equipment or accessories that are not listed as components to be observed in division 8; or
(o) Identify presence of odors or their source.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0205
Structural Components
(1) The Oregon certified home inspector shall observe and describe visible structural components including:
(a) Foundation;
(b) Floors and floor structure;
(c) Walls and wall structure;
(d) Columns or piers;
(e) Ceilings and ceiling structure; and
(f) Roofs and roof structure.
(2) The Oregon certified home inspector shall:
(a) Probe or sound structural components where deterioration is suspected, except where probing would damage any
finished surface;
(b) Enter underfloor crawl spaces, basements, and attic spaces except when access is obstructed or restricted, when
entry could damage any property, or when dangerous or adverse situations are suspected;
(c) Report the methods used to observed underfloor crawl spaces and attics; report inaccessible areas; and
(d) Report signs of abnormal or harmful water penetration into the building or signs of abnormal or harmful condensation
on building components.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0206
Exterior and Site
(1) The Oregon certified home inspector shall observe and describe:
(a) Wall cladding, flashings, and trim;
(b) Entryway doors and all windows;
(c) Garage door operators;
(d) Attached decks, balconies, stoops, steps, areaways, porches, and applicable railings;
(e) Eaves, soffits, and fascias; and
(f) Vegetation, grading, drainage, driveways, patios, walkways, and retaining walls with respect to their effect on the
condition of the building that adversely affect the structure.
(2) The Oregon certified home inspector shall:
(a) Operate all entryway doors and a representative number of windows;
(b) Operate garage doors manually or by using permanently installed controls for any garage door opener; and
(c) Report whether or not any garage door opener will automatically reverse or stop when meeting reasonable resistance
during closing, or reverse with appropriately installed optical sensor system.
(3) The Oregon certified home inspector is not required to observe:

Page 113 of 167

(a) Storm windows, storm doors, screening, shutters, and awnings;
(b) Garage door operator remote control transmitters;
(c) Soil or geological conditions, site engineering, property boundaries, encroachments, or easements;
(d) Recreational facilities (including spas, saunas, steambaths, swimming pools, decorative water features, tennis courts,
playground equipment, and other exercise, entertainment, or athletic facilities); or
(e) Detached buildings or structures;
(f) Fences or privacy walls;
(g) Ownership fencing, privacy walls, retaining walls; or
(h) Condition of trees, shrubs, or vegetation.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0207
Roofing
(1) The Oregon certified home inspector shall observe and describe:
(a) Roof coverings;
(b) Roof drainage systems;
(c) Flashings;
(d) Skylights, chimneys, and roof penetrations; and
(e) Signs of leaks or abnormal condensation on building components.
(2) The Oregon certified home inspector shall report the method used to observe the roofing and components.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0208
Plumbing
(1) The Oregon certified home inspector shall observe:
(a) Interior water supply and distribution system, including piping materials, supports, and insulation, fixtures and
faucets, functional flow, leaks, and cross connections;
(b) Interior drain, waste, and vent system, including traps, drain, waste, and vent piping, piping supports and pipe
insulation, leaks, and functional drainage;
(c) Hot water systems including water heating equipment, normal operating controls, automatic safety controls, and
chimneys, flues, and vents;
(d) Above ground oil storage and distribution systems including interior oil storage equipment, supply piping, venting,
and supports; leaks; and
(e) Sump pumps and sewage ejection pumps.
(2) The Oregon certified home inspector shall describe:
(a) Water supply and distribution piping materials;
(b) Drain, waste, and vent piping materials; and
(c) Water heating equipment.
(3) The Oregon certified home inspector shall operate all plumbing fixtures, including their faucets and all exterior
faucets attached to the house except where the flow end of the faucet is connected to an appliance or interior faucets

Page 114 of 167

not serviced by a drain.
(4) The Oregon certified home inspector is not required to:
(a) State the effectiveness of anti-siphon devices and anti-backflow valves;
(b) Determine whether water supply and waste disposal systems are public or private;
(c) Operate automatic safety controls;
(d) Operate any valve except toilet flush valves, fixture faucets, and hose faucets;
(e) Observe:
(A) Water conditioning systems;
(B) Fire and lawn sprinkler systems;
(C) On-site water supply quantity and quality;
(D) On-site waste disposal systems;
(E) Foundation irrigation systems;
(F) Whirlpool tubs, except as to functional flow and functional drainage;
(G) Swimming pools and spas; or
(H) Solar water heating equipment.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0209
Electrical
(1) The Oregon certified home inspector shall observe:
(a) Service entrance conductors;
(b) Service equipment, grounding equipment, main overcurrent device, and distribution panels;
(c) Amperage and voltage ratings of the service;
(d) Branch circuit conductors, their overcurrent devices, and the compatibility of their amperages and voltages;
(e) The operation of a representative number of installed ceiling fans, lighting fixtures, switches, and receptacles located
inside the house, garage, and on the dwelling’s exterior walls;
(f) The polarity and grounding of all receptacles within six feet of interior plumbing fixtures, and all receptacles in the
garage or carport, and on the exterior of inspected structures;
(g) The operation of ground fault or arc fault circuit interrupters;
(h) Smoke alarms; and
(i) Carbon monoxide detectors.
(2) The Oregon certified home inspector shall describe:
(a) Service amperage and voltage;
(b) Service entry conductor materials; and
(c) Service type as being overhead or underground;
(3) The Oregon certified home inspector shall report:
(a) Any observed 110 volt aluminum branch circuit wiring; and
(b) The presence or absence of smoke alarms, and operate their test function, if accessible, except when detectors are
part of a central security system.
(4) The Oregon certified home inspector is not required to:
(a) Insert any tool, probe, or testing device inside the panels;
(b) Test or operate any overcurrent device or safety device in the electrical service panel or elsewhere that may
adversely affect the personal property of the resident;

Page 115 of 167

(c) Dismantle any electrical device or control other than to remove the covers of the main or auxiliary distribution panels;
(d) Observe:
(A) Low-voltage systems except to report the presence of solenoid-type lighting systems;
(B) Security system devices or heat detectors;
(C) Telephone, security, TV, intercoms, lightening arrestors or other ancillary wiring that is not a part of the primary
electrical distribution system; or
(D) Built-in vacuum equipment.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 105.838(1), 701.350, 701.355
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-
06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-
2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98;
CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0210
Heating
(1) The Oregon certified home inspector shall observe permanently installed heating systems including:
(a) Heating equipment;
(b) Normal operating controls;
(c) Automatic safety controls;
(d) Chimneys, flues, and vents, where readily visible;
(e) Solid fuel heating devices;
(f) Heat distribution systems including fans, pumps, ducts, and piping, with supports, insulation, air filters, registers,
radiators, fan coil units, convectors; and
(g) The presence of installed heat source in each room.
(2) The Oregon certified home inspector shall describe:
(a) Energy source; and
(b) Heating equipment and distribution type.
(3) The Oregon certified home inspector shall operate the systems using normal operating controls.
(4) The Oregon certified home inspector shall open readily accessible panels provided by the manufacturer or installer
for routine homeowner maintenance.
(5) The Oregon certified home inspector is not required to:
(a) Operate automatic safety controls;
(b) Ignite or extinguish solid fuel fires;
(c) Observe:
(A) The interior of flues;
(B) Fireplace insert flue connections;
(C) Humidifiers; or
(D) The uniformity or adequacy of heat supply to the various rooms.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0211
Central Air Conditioning
(1) The Oregon certified home inspector shall observe:

Page 116 of 167

(a) Central air conditioning systems including cooling and air handling equipment and normal operating controls.
(b) Distribution systems including fans, pumps, ducts and piping, with associated supports, dampers, insulation, air filters,
registers, and fan-coil units.
(2) The Oregon certified home inspector shall describe:
(a) Energy sources; and
(b) Cooling equipment type.
(3) The Oregon certified home inspector shall operate the systems using normal operating controls.
(4) The Oregon certified home inspector shall open readily openable panels provided by the manufacturer or installer for
routine homeowner maintenance.
(5) The Oregon certified home inspector is not required to:
(a) Operate cooling systems when weather conditions or other circumstances may cause equipment damage;
(b) Observe non-central air conditioners; or
(c) Observe the uniformity or adequacy of cool-air supply to the various rooms.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0212
Interiors
(1) The Oregon certified home inspector shall observe and describe:
(a) Walls, ceiling, and floors;
(b) Steps, stairways, balconies, and railings;
(c) Counters and cabinets; and
(d) Doors and windows.
(2) The Oregon certified home inspector shall:
(a) Operate a representative number of windows and interior doors; and
(b) Report signs of abnormal or harmful water penetration or damage in the building or components or signs of abnormal
or harmful condensation on building components.
(3) The Oregon certified home inspector is not required to:
(a) Operate a representative number of cabinets and drawers;
(b) Observe paint, wallpaper, and other finish treatments on the interior walls, ceilings, and floors; or
(c) Observe draperies, blinds, or other window treatments.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0213
Insulation and Ventilation
(1) The Oregon certified home inspector shall observe and describe:
(a) Insulation and vapor retarders/barriers in unfinished spaces;
(b) Ventilation of attics and foundation areas;
(c) Kitchen, bathroom, and laundry venting systems; and
(d) The operation of any readily accessible attic ventilation fan, and when the temperature permits, the operation of any
readily accessible thermostatic control.

Page 117 of 167

(e) Absence of insulation in unfinished space adjacent to heated living areas.
(2) The Oregon certified home inspector is not required to report on:
(a) Concealed insulation and vapor retarders;
(b) Venting equipment that is integral with household appliances; or
(c) Thermal efficiency ratings.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

812-008-0214
Built-in Kitchen Appliances
(1) The Oregon certified home inspector shall observe and operate the basic functions of the following kitchen
appliances:
(a) Installed dishwasher, through its normal cycle;
(b) Range, cook top, and installed oven;
(c) Trash compactor;
(d) Garbage disposal;
(e) Ventilation equipment or range hood;
(f) Installed microwave oven; and
(g) Built-in refrigerators.
(2) The Oregon certified home inspector is not required to observe:
(a) Clocks, timers, self-cleaning oven function, or thermostats for calibration or automatic operation;
(b) Non built-in appliances;
(c) Refrigeration units that are not installed; or
(d) Microwave leakage.
(3) The Oregon certified home inspector is not required to operate:
(a) Appliances in use; or
(b) Any appliance that is shut down or otherwise inoperable.
Statutory/Other Authority: ORS 670.310, 701.235, 701.350, 701.355
Statutes/Other Implemented: ORS 701.350, 701.355
History: Renumbered from 812-008-0080, CCB 5-2005, f. 8-24-05, cert. ef. 1-1-06; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-
02; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 2-
2000, f. 2-25-00, cert. ef. 3-1-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1998, f. & cert. ef. 2-6-98

DIVISION 9
CONTESTED CASE HEARINGSAND APPEAL COMMITTEE

812-009-0010
Application of Rules
Subject to OAR 812-004-0590, complaints filed before July 1, 2011, arising under ORS 701.139-701.180 are governed
by:
(1) OAR 812-009-0020–812-009-0220 and 137-003-0501–137-003-0700, with respect to contested cases;
(2) OAR 812-009-0400, 812-009-0430, and 812-009-0435, with respect to exceptions; and
(3) OAR 812-009-0440, with respect to meetings of the board’s Appeal Committee.
Statutory/Other Authority: ORS 670.310, 701.145, 701.235 & 1999 OL Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.413 to 183.470, 701.145

Page 118 of 167

History: CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB
4-2000, f. & cert. ef. 5-2-00; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-
2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12; CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11

812-009-0020
Amendment to Statement of Damages
(1) If the agency refers a complaint to the Office of Administrative Hearings for a hearing on the amount the respondent
owes the complainant, the complainant may amend the amount the complainant alleges the respondent owes the
complainant by filing an amended statement of damages. An amended statement of damages must be delivered to the
administrative law judge or Office of Administrative Hearings as required by OAR 137-003-0520 and 812-009-0085. An
amended statement of damages filed under this section must be received by the administrative law judge or the Office of
Administrative Hearings no later than 14 days before the scheduled date of a hearing on the matter.
(2) An amended statement of damages filed under section (1) of this rule must be on a form provided by the agency or on
a form that substantially duplicates the form provided by the agency. The amended statement of damages must state the
amount alleged to be owed by the respondent, limited to items of complaint in the Breach of Contract Complaint and
complaint items added up to and through the initial on-site meeting. The amended statement of damages must be signed
by the complainant.
(3) An amended statement of damages making a significant change in the amount the complainant alleges that the
respondent owes the complainant may be good cause to postpone the scheduled hearing under OAR 137-003-0525 if
the time left before the hearing is insufficient to prepare for a hearing on the amended amount.
Statutory/Other Authority: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8
Statutes/Other Implemented: ORS 183.413, 183.415, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-
10-00 thru 7-22-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-
1-98

812-009-0050
Providing Required Information to Parties
The agency delegates to the Office of Administrative Hearings or the administrative law judge assigned to hear a
complaint the responsibility to provide the information required to be given to each party under ORS 183.413(2) and
OAR 137-003-0510(1)..
Statutory/Other Authority: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sec. 8
Statutes/Other Implemented: ORS 183.413, 183.415, 701.133, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 4-
2000, f. & cert. ef. 5-2-00, CCB 7-2003, f. & cert. ef. 8-8-03; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

812-009-0060
Hearing Postponement
If a party requests postponement of a hearing, the request may be granted if:
(1) The request is promptly made after the party receives the notice of hearing or is promptly made after emergency or
unforeseen circumstances arise;
(2) The party establishes circumstances that prevent attendance by the party at the scheduled hearing; and
(3) The party provides evidence of good cause why it cannot attend the scheduled hearing.
Statutory/Other Authority: ORS 670.310, 701.235 & OL 1999, Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.413 - 183.470, 701.145
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert.
ef. 3-10-00 thru 7-22-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert.

Page 119 of 167

ef. 11-1-98, Renumbered from 812-001-0005; 1BB 1-1983, f. & ef. 3-1-83; 1BB 6-1980, f. & ef. 11-4-80; 1BB 1-1980, f. &
ef. 2-29-80; 1BB 2-1979, f. & ef. 12-19-79; 1BB 3-1978, f. & ef. 12-4-78; 1BB 1-1978, f. & ef. 5-23-78; 1BB 5, f. 6-15-76,
ef. 7-1-76

812-009-0070
Suspending Processing
(1) An administrative law judge may suspend or cancel a hearing at any time if the administrative law judge finds that the
nature or complexity of the issues is such that a court is a more appropriate forum for adjudication. If an administrative
law judge suspends or cancels a hearing under this rule, the administrative law judge must refer the complaint to the
agency with a memorandum recommending that processing of the complaint be suspended under ORS 701.145 and OAR
812-004-0520 and stating the basis of the recommendation. A copy of this memorandum must be served on the parties.
(2) If a complaint is referred to the agency under section (1) of this rule, the agency may:
(a) Suspend processing the complaint; or
(b) Refer the complaint back to the administrative law judge with instructions to resume the hearing.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-
2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00

812-009-0085
Filing of Documents
Unless otherwise provided in these rules, the agency waives the right to receive copies of documents filed in a
proceeding conducted by an administrative law judge, under OAR 137-003-0520.
Statutory/Other Authority: ORS 670.310, 701.235 & OL 1999, Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.413 - 183.470, 701.145
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-2000(Temp), f. 1-20-00, cert.
ef. 1-24-00 thru 7-22-00

812-009-0090
Discovery and Subpoenas
(1) The agency delegates to the administrative law judge assigned to hear a complaint the authority to:
(a) Order and control discovery under OAR 137-003-0566, 137-003-0567, 137-003-0568 and 137-003-0569, related
to the hearing on the complaint, except an administrative law judge may not authorize a party to take a deposition of
agency staff or board members.
(b) Issue subpoenas under OAR 137-003-0585 that are related to the hearing on the complaint.
(2) The agency waives receipt of notice that a party seeks to take the testimony of a witness by deposition under OAR
137-003-0570.
Statutory/Other Authority: ORS 670.310, 701.235 & OL 1999, Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.425, 183.440, 183.445, 183.450, 701.145, 701.149
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert.
ef. 3-10-00 thru 7-22-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00

812-009-0100
Burden of Proof and Failure to Meet Burden
The complainant must submit sufficient credible evidence into the record to support an award of damages under OAR
812-004-0535. If the complainant does not carry this burden of proof, the administrative law judge must dismiss the
complaint.

Page 120 of 167

Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-
2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert.
ef. 11-1-98

812-009-0120
Determination of Validity of Complaint
In determining the validity of the complaint, the administrative law judge must determine:
(1) Whether the complaint arose out of a transaction within the scope of ORS Chapter 701;
(2) Whether the agency has jurisdiction over the matters at issue; and
(3) Whether the record of the complaint supports an award of damages under OAR 812-004-0535.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 2-2004, f. 2-27-04, cert. ef. 3-1-04; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-
00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-
29-98, cert. ef. 11-1-98

812-009-0140
Failure to Appear
(1) “Order” as used in this rule means a proposed and final order an administrative law judge is authorized to issue under
OAR 812-009-0160 or a final order an administrative law judge is authorized to issue under 812-009-0200.
(2) If the administrative law judge notified the parties to a complaint of the time and place of a hearing on the complaint
and a party did not appear at the hearing, the administrative law judge may enter an order by default under OAR 137-
003-0670(1)(c) that is adverse to a party only upon a prima facie case made on the record as required by 137-003-
0670(3).
(3) If a complainant does not appear at a hearing, an administrative law judge may dismiss a complaint under section (2)
of this rule if the administrative law judge finds that the record does not contain sufficient evidence to support the
complaint.
Statutory/Other Authority: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8
Statutes/Other Implemented: ORS 183.415, 183.417, 183.450, 183.460, 183.464, 183.470, 701.145, 701.149
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 6-2001, f. & cert. ef. 9-27-
01; CCB 2-2001, f. & cert. ef. 4-6-01; Reverted to CCB 4-2000, f. & cert. ef. 5-2-00; CCB 8-2000(Temp), f. 7-21-00, cert.
ef. 7-21-00 thru 1-15-01; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-
00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-009-0160
Order Based on Hearing, Limitation on Order
(1) “Order” as used in sections (2) to (5) of this rule means a proposed and final order an administrative law judge is
authorized to issue under section (6) of this rule or a final order an administrative law judge is authorized to issue under
OAR 812-009-0200.
(2) Subject to sections (7) and (8) of this rule, if a complaint is referred for a hearing to determine the amount, if any, that
a respondent owes a complainant, the administrative law judge may not issue an order in an amount greater than the
total amount the complainant alleges the respondent owes the complainant in:
(a) The most recent statement of damages or amended statement of damages filed under OAR 812-004-0540, 812-004-

Page 121 of 167

0550 or 812-009-0020; or
(b) The Breach of Contract Complaint filed under OAR 812-004-0340, if no statement of damages was filed.
(3) If a complaint is referred for a hearing to determine whether any portion of a judgment is within the agency’s
jurisdiction, the administrative law judge may not issue an order requiring payment of an amount greater than the
amount of the judgment.
(4) An order issued by an administrative law judge may direct specific performance on the part of the respondent, order
the respondent to pay monetary damages to the complainant or dismiss the complaint.
(5) An administrative law judge must consider any amounts due to the respondent from the complainant under the terms
of the contract and reduce the amount of an order by that amount.
(6) Except as provided in section (8) of this rule and OAR 812-009-0200, an administrative law judge must issue a
proposed and final order under 137-003-0645(4) that must automatically become a final order 21 days after the date of
issue without further notice unless:
(a) A party files timely exceptions under OAR 812-009-0400;
(b) The agency requests that the administrative law judge hold further hearing or revise or amend the proposed order
under OAR 137-003-0655(1);
(c) The administrative law judge withdraws and corrects the order under OAR 137-003-0655(1);
(d) The agency issues an amended proposed order under OAR 137-003-0655(3); or
(e) The agency notifies the parties and the administrative law judge that the agency will issue the final order.
(7) If a limitation on damages under section (2) of this rule is based on a statement of damages or Breach of Contract
Complaint that includes an itemization of complaint items and the total of those items is different from the total damages
the complainant alleges is due from the respondent, the limitation on damages must be based on the larger of the two
totals.
(8) If a limitation of damages under section (2) of this rule is based on a statement of damages or Breach of Contract
Complaint that does not include a request for an award of the complaint processing fee allowed as damages under OAR
812-004-0250, the limitation on damages allowed under section (2) of this rule shall be increased by the amount of the
complaint processing fee paid by the complainant under 812-004-0110 and 812-004-0400.
(9) If a complaint is referred for a hearing solely to determine if the Board has jurisdiction over the complaint and the
administrative law judge finds that the Board has jurisdiction over the complaint, the administrative law judge must issue
an intermediate order that the Board resume processing the complaint. The Board may accept the order to resume
processing or issue a proposed and final order under OAR 137-003-0060 to dismiss the complaint for lack of jurisdiction.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.415. 183.450, 183.460, 183.464, 183.470, 701.145, 701.146
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 4-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 7-2003, f. & cert. ef. 8-8-
03; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 9-2000, f. & cert. ef. 8-24-00; CCB
8-2000(Temp), f. 7-21-00, cert. ef. 7-21-00 thru 1-15-01; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-
00, cert. ef. 3-10-00 thru 7-22-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 8-1998, f. 10-29-
98, cert. ef. 11-1-98

812-009-0185
Amended Proposed Order or Final Order after Hearing
In accordance with OAR 137-003-0655(7), the agency exempts from the 90-day requirement for an amended proposed
order or final order all cases in which written exceptions are filed with the board. In these cases, 90 days normally is an
insufficient time in which to issue an amended proposed order or final order.
Statutory/Other Authority: ORS 183.341, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 183, 701
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12

Page 122 of 167

812-009-0200
Final Order Without a Proposed Order
(1) Notwithstanding OAR 812-009-0160(6), an administrative law judge must issue a final order under 137-003-0665 in
a contested case without issuing a proposed order if:
(a) The total amount alleged to be due to any complainant in a hearing does not exceed $2,500;
(b) The parties voluntarily agree to a settlement of a complaint in accordance with ORS 183.417(11), except as provided
in section (2) of this rule; or
(c) The hearing was requested by the respondent after the parties voluntarily agreed to a settlement of a complaint and
the following conditions exist:
(A) The settlement’s essential terms are limited to the respondent’s agreement to pay money to the complainant in
exchange for the complainant’s release of the complaint; and
(B) The amount of the final order does not exceed the amount the respondent agreed to pay under the settlement
agreement.
(2) If the parties voluntarily agree to a settlement of a complaint in accordance with ORS 183.417(11) and the settlement
agreement includes an agreement for future performance, the administrative law judge must issue an intermediate order
containing any necessary findings of fact and return the complaint to the agency for further processing and issuance of
the final order.
Statutory/Other Authority: ORS 670.310, 701.145, 701.235 & 1999 OL, Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.415, 183.417, 183.450, 183.460, 183.464, 183.470, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 7-2002, f. 6-26-02 cert. ef. 7-1-02; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-
10-00 thru 7-22-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-
1-98

812-009-0220
Petition for Reconsideration or Rehearing; Request for Stay
A petition for reconsideration or rehearing under OAR 137-003-0675 or a request for a stay under OAR 137-003-0690
of a final order on a complaint issued by an administrative law judge under this division must be filed with the agency.
Statutory/Other Authority: ORS 670.310, 701.235 & OL 1999, Ch. 849, Sec. 8
Statutes/Other Implemented: ORS 183.482, 701.133, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 1-
2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00

812-009-0300
Hearing Notice and Limitation on Final Civil Penalty Order
A notice of hearing shall contain the duration of any suspension and the amount of any civil penalty sought by the agency.
The administrative law judge shall not issue a final civil penalty order in an amount greater than that shown in the notice
of hearing, except as follows. If the proposed sanction is not the maximum potential sanction, the agency may, in the
notice, state the maximum potential sanction for each violation and impose up to the maximum potential sanction,
without amending the notice.
Statutory/Other Authority: ORS 183.310, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 183, 701
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 4-2000, f. & cert. ef. 5-2-00; CCB
3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-009-0320
Entry of Agency Evidence

Page 123 of 167

Contested case enforcement hearings may be held before an administrative law judge. The agency's evidence may be
entered into the record by the administrative law judge, or by another representative of the agency.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.133, 701.145
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2003, f. & cert. ef. 8-8-
03; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-
29-98, cert. ef. 11-1-98

812-009-0340
Agency Representation by Officer or Employee
(1) Subject to the approval of the Attorney General as provided in ORS 183.452, agency officers and employees may
appear, but not make legal argument, on behalf of the agency in the following types of hearings conducted by the agency:
(a) Hearings involving the possible imposition of civil penalties for violations of statutes or regulations;
(b) Hearings involving refusals to issue, reissue or renew, or suspensions, which will be lifted upon correction of a
deficiency, payment of a penalty or payment of a construction debt, based upon:
(A) ORS 701.098(4)(a)(A) (no bond);
(B) ORS 701.098(4)(a)(B) (no insurance);
(C) ORS 701.098(4)(a)(F) (unpaid construction debt);
(D) ORS 701.102 (unpaid construction debt);
(E) ORS 701.106, where the violation is based on a final order issued by:
(i) Department of Consumer and Business Services, Building Codes Division;
(ii) Department of Consumer and Business Services, Workers’ Compensation Division;
(iii) Department of Consumer and Business Services, Oregon-OSHA,
(iv) Employment Department;
(v) Department of Revenue; or
(vi) Landscape Contractors Board.
(F) Failure to pay an outstanding obligation, as required by OAR 812-005-0280(2);
(G) Failure to obtain or maintain an increased bond, as required by ORS 701.068(5) or (6).
(H) Failure to provide information as required under ORS 701.046 and OAR 812-003-0260.
(2) The agency representative may not make legal argument on behalf of the agency.
(a) “Legal argument” includes argument on:
(A) The jurisdiction of the agency to hear the contested case;
(B) The constitutionality of a statute or rule or the application of a constitutional requirement to an agency; and
(C) The application of court precedent to the facts of the particular contested case proceeding.
(b) “Legal argument” does not include presentation of motions, evidence, examination and cross-examination of
witnesses or presentation of factual argument or arguments on:
(A) The application of the statutes or rules to the facts in the contested case;
(B) Comparison of prior actions of the agency in handling similar situations;
(C) The literal meaning of the statute or rules directly applicable to the issues in the contested case;
(D) The admissibility of evidence;
(E) The correctness of procedures being followed in the contested case hearing.
Statutory/Other Authority: ORS 183.310 - 183.550, 670.310, 701.235
Statutes/Other Implemented: ORS 183.450
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 7-2010, f. & cert. ef. 4-28-10; CCB 4-2010(Temp), f. & cert. ef. 2-3-
10 thru 8-1-10; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; Renumbered from 812-
001-0006, CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 1-1994, f. 6-23-94, cert. ef. 7-1-94; CCB 5-1993, f. 12-7-93,
cert. ef. 12-8-93; BB 3-1987, f. 12-30-87, cert. ef. 1-1-88

Page 124 of 167

812-009-0350
Amended Proposed Order or Final Order after Hearing
In accordance with OAR 137-003-0655(7), the agency exempts from the 90-day requirement for an amended proposed
order or final order all cases in which written exceptions are filed with the board. In these cases, 90 days normally is an
insufficient time in which to issue an amended proposed order or final order.
Statutory/Other Authority: ORS 183.341, 670.310, 701.235, 701.992
Statutes/Other Implemented: ORS 183, 701
History: CCB 5-2012, f. 4-25-12, cert. ef. 5-1-12

812-009-0400
Exceptions to Agency Orders, Dispute Resolution Complaints
(1) After a contested case complaint hearing, the complainant or respondent may file written exceptions if they believe
that the administrative law judge made a procedural error or that the proposed order is not supported by evidence
received at the hearing.
(2)(a) To be considered, the first exceptions must be received by the agency within 21 days from the date of mailing the
proposed order.
(b) If one party files timely exceptions, the opposing party may also file exceptions if those exceptions are received by the
agency within 14 days from the date the agency mails a copy of the first exceptions to the opposing party.
(3)(a) If written exceptions are not timely received, the order will become final under OAR 812-009-0160.
(b) If exceptions are timely received, the matter will be set for consideration by the Board’s Appeal Committee at a
regular meeting of the committee.
(4) The exceptions must substantially conform to the requirements of OAR 812-009-0430.
(5) Copies of exceptions filed will be mailed to the other side who may respond to the exceptions. Response and any
written argument for or against the proposed order will be accepted up to 15 days before the case is referred to the
Committee for scheduling if the original exceptions were timely received.
(6)(a) If a party filing exceptions intends to rely on oral testimony given at the hearing, the party must include in the
exceptions:
(A) A notice of the intention to rely on oral testimony; and
(B) A request for a copy of the audio recording of the hearing with the fee required under OAR 812-001-0160.
(b) After receipt, exceptions containing a notice of an intention to reply on oral testimony under subsection (6)(a) of this
rule, the agency must send a copy of the audio recording of the hearing to the party that did not file the exceptions
without charge unless that party also filed exceptions that included a notice of intention to rely on oral testimony.
(c) The party that filed the notice of intention to rely on oral testimony must prepare a typed transcript of the portions of
the hearing testimony that the party contends support the exceptions. The party must deliver the transcript to the
agency within 21 days from the date the agency mails the audio recording of the hearing to the party.
(d) The agency must mail a copy of the transcript to the other party to the complaint.
(7)(a) The party opposing the exceptions may prepare a typed transcript of the portions of the hearing testimony that the
party contends support opposition to the exceptions. The opposing party must deliver the transcript to the agency within
21 days from the date the agency mailed the transcript under subsection (6)(d) of this rule.
(b) The agency must mail a copy of the transcript prepared under section (7) of this rule to the party that filed the
exceptions.
(8) The Appeal Committee may refuse to consider evidence of oral testimony submitted by a party if the party does not
comply with the requirements of sections (6) and (7) of this rule.
(9) The complainant and respondent may appear before the members of the Committee to argue for or against the
proposed order.
(10) The agency may waive or extend the time limits in sections (5) through (7) of this rule on a showing of good cause by
the person requesting the waiver.

Page 125 of 167

Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.460, 701.260
History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2005, f. 12-7-05,
cert. ef. 1-1-06; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 2-2003, f. & cert. ef. 3-4-03;
CCB 2-2001, f. & cert. ef. 4-6-01; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-
2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-009-0420
Exceptions to Agency Orders, Enforcement
(1) After a contested case enforcement hearing, the respondent may file written exceptions if the respondent does not
believe the proposed order is supported by the evidence received at the hearing. To be considered, exceptions must be
received by the agency within 21 days of the date of mailing of the proposed order. If written exceptions are not timely
received, the agency may issue a final order as proposed.
(2) If exceptions are timely received, the matter will be set for consideration by the Appeal Committee at its next meeting
for which agenda space is available.
(3)(a) If the respondent intends to rely on oral testimony given at the hearing, the respondent must include in the
exceptions:
(A) A notice of intention to rely on oral testimony; and
(B) A request for a copy of the audio recording of the hearing with the fee required under OAR 812-001-0160.
(b) The respondent must prepare a typed transcript of the portions of the hearing testimony that the respondent
contends support the exceptions. The respondent must deliver the transcript to the agency within 21 days from the date
the agency mails the copy of the audio recording of the hearing to the respondent.
(4) The Appeal Committee may refuse to consider evidence of oral testimony submitted by respondent if the respondent
does not comply with the requirements of section (3) of this rule.
(5) The respondent may appear before the members of the Appeal Committee to argue against the proposed order, if the
agency receives written notice of intent to do so before the Appeal Committee meeting date. Oral argument will be
permitted only if the original exceptions were timely received.
Statutory/Other Authority: ORS 183.310, 670.310, 701.235
Statutes/Other Implemented: ORS 183.460, 701.260
History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-1998, f. 10-29-98, cert.
ef. 11-1-98

812-009-0430
Form of Exceptions to Agency Order in a Complaint
(1) Exceptions to an agency order filed by a party to a complaint under OAR 812-009-0400 or a respondent under 812-
009-0420 must conform to the following requirements:
(a) Exceptions must be typed or legibly printed on 8-1/2 by 11” sheets of paper.
(b) The first page of the exceptions must be titled “Exceptions to Proposed Order.” If the exceptions are filed in a
complaint, the first page must show the file number, the names of the parties to the complaint and the party submitting
the exceptions at the top of the page. If the exceptions are filed in an enforcement action, the first page must show the
name of the respondent at the top of the page.
(c) Each page of the exceptions must be numbered at the bottom of the page.
(d) For each finding of fact in the proposed order that the party alleges is not supported by the evidence in the record the
following information must be included in the exceptions:
(A) The pages on which the finding of fact appear and the number, if any, of the finding of fact;
(B) The text of the finding of fact; and
(C) An explanation or argument supporting the party’s contention that the finding of fact is not supported by the
evidence in the record.

Page 126 of 167

(e) For each conclusion in the proposed order that the party alleges is based on an erroneous interpretation or
application of a statute or administrative rule or is contrary to an appellate court decision the following information must
be included in the exceptions:
(A) The pages on which the conclusion and the opinion that supports it appear;
(B) The text of the conclusion; and
(C) An explanation or argument supporting the party’s contention that the conclusion is based on an erroneous
interpretation or application of a statute or administrative rule or is contrary to an appellate court decision.
(f) For each procedural error committed by the administrative law judge that the party contends directly affected the
decision in the proposed order in a manner prejudicial to the party the following information must be included in the
exceptions:
(A) A description of the procedural error; and
(B) An explanation or argument supporting the party’s contention that the procedural error affected the decision and
was prejudicial to the party filing the exceptions.
(g) If the party intends to rely on oral testimony at the hearing, a notification that the party intends to rely on oral
testimony must be included in the exceptions.
(h) The party submitting the exceptions must sign and date the exceptions.
(2) If the agency provides forms to a party that comply with the requirements of section (1) of this rule, the agency may
require that the party use the forms provided or forms that substantially match the forms provided if the party submits
exceptions.
(3) The Appeal Committee may refuse to consider exceptions that do not substantially meet the requirements of sections
(1) and (2) of this rule.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701.145, 701.260
History: CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 2-2001, f. & cert. ef. 4-6-
01

812-009-0435
Rescheduling of Exceptions Before the Appeal Committee
If a party requests in writing to reschedule the case scheduled before the Appeal Committee, the request may be granted
if:
(1) The request is promptly made after the party receives the notice of the scheduling of the matter before the Appeal
Committee or is promptly made after emergency or unforeseen circumstances arise;
(2) The party establishes circumstances that prevent attendance by the party at the scheduled Appeal Committee
meeting; and
(3) The circumstances preventing attendance at the Appeal Committee meeting are beyond the reasonable control of
the requesting party.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.413 - 183.470, 701.260
History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08

812-009-0440
Appeal Committee Meeting
(1) At the meeting of the Board’s Appeal Committee, the Committee will consider documentary evidence received at the
hearing and exceptions and written or oral argument for or against the proposed order, but the Committee will not
consider new or additional evidence.
(2) The Committee may limit the time allowed for oral argument by a party before the Committee to five minutes.
(3) After hearing oral argument, the Committee may conduct its deliberations privately, under authority of ORS

Page 127 of 167

192.690(1). If the Committee conducts its deliberations privately, it will return to public meeting for any motions and
voting.
(4) The Committee may affirm the proposed order and findings of fact, modify either or both, or send the case back to the
Office of Administrative Hearings for a new hearing or to the agency for further processing. Unless the case is sent back
to a new hearing, the agency will issue a final order after the Committee meeting.
(5) Final orders are subject to judicial review as set forth in ORS Chapter 183.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183.460, 701.260
History: CCB 7-2003, f. & cert. ef. 8-8-03; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB
1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

DIVISION 10
CCB ARBITRATION BY THE BOARD

812-010-0020
Applicability of Rules; Application of ORS 36.600–36.740
(1) The rules in division 10 of this chapter apply to complaints filed before July 1, 2011, when:
(a) A complaint is referred to the Office of Administrative Hearings for arbitration under OAR 812-004-0590.
(b) The parties to the arbitration agree that the Construction Contractors Board may arbitrate a construction dispute
and the agency accepts the dispute for arbitration under ORS 701.148.
(c) A timely complaint is filed relative to work performed under a contract that contains an arbitration clause specifying
that the Construction Contractors Board must arbitrate disputes arising from the contract and the agency accepts the
dispute for arbitration under ORS 701.148.
(d) Arbitration by the Construction Contractors Board is ordered by a court under ORS 36.600 or 36.625.
(2) Except as otherwise provided in the rules in division 10 of this chapter, an arbitration conducted under this division is
governed by ORS 36.600 to 36.740, and sections 3 and 31, Chapter 598, Oregon Laws 2003.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 36.600–36.740, ch. 183, 701.133, 701.139, 701.148
History: CCB 11-2011, f. 9-29-11, cert. ef. 10-1-11; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 5-1999, f. & cert. ef.
9-10-99; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-
02; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04;
CCB 8-2004, f. & cert. ef. 10-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08;
CCB 7-2011(Temp), f. & cert. ef. 7-8-11 thru 1-4-12

812-010-0030
Incorporation of Office of Administrative Hearings Rules
(1) The following rules related to the contested case hearings conducted by administrative law judges assigned to the
Office of Administrative Hearings are incorporated into these rules by this reference and apply to arbitrations
conducted under the rules in this division:
(a) OAR 137-003-0590 (Qualified interpreters); and
(b) OAR 137-003-0605 (Telephone testimony).
(2) In interpreting rules incorporated under section (1) of this rule:
(a) "Hearing" in the incorporated rule shall be given the same meaning as "arbitration" in these rules; and
(b) "Administrative law judge" in the incorporated rule shall be given the same meaning as "arbitrator" in these rules.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701
History: CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-
02

Page 128 of 167

812-010-0040
Arbitration of Disputes Outside Jurisdictional Requirements
Construction disputes which do not meet timeliness filing under ORS 701.143 or other jurisdictional requirements for
complaints may be arbitrated by the agency if both parties agree in writing to submit the dispute to the Construction
Contractors Board for binding arbitration. At the discretion of the agency, the agency may refuse to accept a dispute
submitted for arbitration under this rule.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.143, 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-2002, f. 5-28-02, cert. ef.
6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef.
11-1-98

812-010-0050
Application for Judicial Relief
An application to the court for judicial relief under the rules in division 10 of this chapter or under ORS 36.600 to 36.740
shall be subject to ORS 36.615.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 36.600 - 36.740
History: CCB 9-2004, f. & cert. ef. 12-10-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03, cert. ef.
1-1-04

812-010-0060
Appointment of Arbitrator
Assignment of arbitrator shall be as provided in ORS 701.149 and shall be subject to a request for a different
administrative law judge to act as arbitrator under ORS 183.645 and OAR 471-060-0005.
Statutory/Other Authority: ORS 670.310, 701.148, 701.235
Statutes/Other Implemented: ORS 183.645, 701.148, 701.149
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-
04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02;
CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 5-1999, f. & cert. ef.
9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0080
Delegation of Duties
If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the duties of the
agency under these rules may be carried out through representatives as directed by the Chief Administrative Law Judge
or a person designated by the Chief Administrative Law Judge, except that the Chief Administrative Law Judge or a
person designated by the Chief Administrative Law Judge may not perform the duties of the agency under OAR 812-
010-0040, 812-010-0100 or 812-010-0470.
Statutory/Other Authority: 670.310, 701.148, 701.235
Statutes/Other Implemented: ORS 701.148, 701.149
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 7-2003, f. & cert. ef. 8-8-
03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 1-2000(Temp), f. 1-20-00, cert. ef. 1-
24-00 thru 7-22-00; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0085
Filing and Service of Pleadings and Other Documents
(1) Unless otherwise provided by these rules, documents, correspondence, motions, pleadings, rulings and orders filed in
an arbitration under these rules must be filed as follows:

Page 129 of 167

(a) With the agency before a complaint or dispute is referred by the agency to the Office of Administrative Hearings.
(b) With the Office of Administrative Hearings or assigned arbitrator after the agency refers the complaint or dispute to
the Office of Administrative Hearings and before the arbitrator issues an award.
(c) With the agency after the arbitrator issues an award.
(2) After the agency refers a complaint or dispute to the Office of Administrative Hearings and before the arbitrator
issues an award, a person who files a document, correspondence, motion, pleading, ruling or order with the Office of
Administrative Hearings or arbitrator in an arbitration must serve copies of the document filed on the parties to the
complaint or dispute or their counsel if the parties are represented. Service under this section must be by hand delivery,
by facsimile or by mail.
(3) In addition to the requirements of OAR 812-004-0210, after the agency refers the complaint or dispute to the Office
of Administrative Hearings and before the arbitrator issues an award, a party must notify the Office of Administrative
Hearings or arbitrator, and other parties to the complaint or dispute of any change in the party’s address, withdrawal or
change of party’s attorney or change of address of the party’s attorney.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2003, f. & cert. ef.
8-8-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02

812-010-0090
Request for Contested Case Hearing or Removal to Court
(1) If the Office of Administrative Hearings receives a request under OAR 812-004-0590 to conduct the hearing on a
complaint as a contested case, the Office of Administrative Hearings must retain jurisdiction over the complaint. The
Office of Administrative Hearings must hold the contested case hearing at the time scheduled for the arbitration unless
good cause exists to reschedule the hearing date and time.
(2) If the Office of Administrative Hearings receives notice under OAR 812-004-0590 that a party to the complaint filed
a court complaint and 812-004-0590 requires that the complaint be decided in court, the Office of Administrative
Hearings must return the complaint to the agency.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701.145, 701.146
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 7-2003, f. & cert. ef. 8-8-
03; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

812-010-0100
On-Site Investigation, Settlement Discussions
(1) At the discretion of the agency, arbitration may be preceded by an on-site investigation or settlement discussions.
(2) At the discretion of the arbitrator, the arbitration may be preceded by settlement discussions.
(3) The arbitrator may request that the agency conduct an on-site investigation before arbitration. The agency may grant
or deny the request at its discretion.
(4) If the parties to an arbitration settle a complaint referred to arbitration under OAR 812-004-0560, the parties may
agree that the arbitrator may issue a final order under ORS 183.417(11).
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 9-2002(Temp), f. & cert. ef. 9-6-02 thru 3-5-03; CCB 8-2001, f. 12-12-
01, cert. ef. 1-1-02; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0110
Declaration of Damages and Amendment to Declaration of Damages

Page 130 of 167

(1) If the party asserting a complaint has not previously filed a Breach of Contract Complaint or statement of damages
under OAR 812-004-0340, 812-004-0540 or 812-004-0550, the party must file with the agency on a form provided by
the agency a statement of damages stating the amount that the party alleges any other party owes the party, together
with any supporting documents required by the agency.
(2) If the parties to an arbitration have agreed in writing that the arbitration will bind all of them and if any other party to
the proceeding asserts a counterclaim, the counterclaiming party must file with the agency on a form provided by the
agency a statement of damages stating the amount that the counterclaiming party alleges any other party owes to the
counterclaiming party, together with any supporting documents required by the agency.
(3) Notwithstanding section (2) of this rule, a party is not required to file a statement stating the amount the party alleges
any other party owes the party, if the party alleges only an offset.
(4) A party may amend the amount the party alleges another party owes the party by filing an amended statement of
damages. An amended statement of damages must be delivered to the arbitrator as required by OAR 812-010-0085. An
amended statement of damages filed under this section must be received by the arbitrator no later than 14 days before
the scheduled date of an arbitration on the matter.
(5) An amended statement of damages filed under section (4) of this rule must be on a form provided by the agency or on
a form that substantially duplicates the form provided by the agency. The amended statement of damages must state the
amount alleged to be owed to the party filing the amended statement by the other party. If the subject of the arbitration
is a complaint, the amount alleged to be owed must be limited to items of complaint in the Breach of Contract Complaint
and complaint items added up to and through the initial on-site meeting. The amended statement of damages must be
signed by the party filing the amendment.
(6) An amended statement of damages making a significant change in the amount a party alleges that another party owes
the party may be good cause to postpone the scheduled arbitration under OAR 812-010-0220 if the time left before the
arbitration is insufficient to prepare for arbitration on the amended amount.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.145, 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 9-2002(Temp), f. & cert.
ef. 9-6-02 thru 3-5-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 9-2000, f.
& cert. ef. 8-24-00; CCB 8-2000(Temp), f. 7-21-00, cert. ef. 7-21-00 thru 1-15-01; CCB 5-1999, f. & cert. ef. 9-10-99

812-010-0120
Time and Place of Arbitration Hearing; Notice
The Office of Administrative Hearings must fix a time and place for the arbitration hearing. The Office of Administrative
Hearings must mail notice of the time and place of the arbitration at least 21 days before the arbitration, unless
otherwise agreed to by the parties.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148, 701.149
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2003, f. & cert. ef. 8-
8-03; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 9-2002(Temp), f. & cert. ef. 9-6-02 thru 3-5-03; CCB 5-2002, f. 5-28-02,
cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 8-2000(Temp), f. 7-21-
00, cert. ef. 7-21-00 thru 1-15-01; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0140
Qualifications of Arbitrator
(1) An individual who has a known, direct and material interest in the outcome of the arbitration proceeding or a known,
existing and substantial relationship with a party may not serve as an arbitrator.
(2) Before accepting appointment, an individual who is requested to serve as an arbitrator, after making a reasonable
inquiry, must disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators
in the arbitration proceeding any known facts that a reasonable person would consider likely to affect the impartiality of

Page 131 of 167

the arbitrator in the arbitration proceeding, including:
(a) A financial or personal interest in the outcome of the arbitration proceeding; and
(b) An existing or past relationship with any of the parties to the agreement to arbitrate or the arbitration proceeding,
their counsel or representatives, a witness or another arbitrator in the proceeding.
(3) An arbitrator has a continuing obligation to disclose to all parties to the agreement to arbitrate and arbitration
proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting
appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.
(4) If an arbitrator discloses a fact required by subsection (2) or (3) of this section to be disclosed and a party timely
objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a
ground under ORS 36.705(1)(b) for vacating an award made by the arbitrator.
(5) If the arbitrator did not disclose a fact as required by subsection (2) or (3) of this section, upon timely objection by a
party, the court under ORS 36.705(1)(b) may vacate an award.
(6) An arbitrator who does not disclose a known, direct and material interest in the outcome of the arbitration
proceeding or a known, existing and substantial relationship with a party, the party's counsel or representatives, a
witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705(1)(b).
(7) Substantial compliance with the procedures in this division 10 of this chapter for challenges to an arbitrator before an
award is made is a condition precedent to a petition to vacate an award on that ground under ORS 36.705(1)(b).
(8) Upon objection of a party to the continued service of an arbitrator, the agency administrator or a person designated
by the agency administrator must decide whether the arbitrator should be disqualified. Such decision is final.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 36.705, 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03,
cert. ef. 1-1-04; CCB 4-2000, f. & cert. ef. 5-2-00; CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 5-
1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0160
Substitution of Arbitrator
(1) The agency administrator or a person designated by the agency administrator may substitute another arbitrator at
any time before the arbitration hearing begins.
(2) If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the Chief
Administrative Law Judge or a person designated by the Chief Administrative Law Judge may substitute another
arbitrator at any time before the arbitration hearing begins.
Statutory/Other Authority: ORS 670.310, 701.148, 701.235
Statutes/Other Implemented: ORS 701.148, 701.149
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 4-2000, f. & cert. ef. 5-2-00; CCB
1-2000(Temp), f. 1-20-00, cert. ef. 1-24-00 thru 7-22-00; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98,
cert. ef. 11-1-98

812-010-0180
Representation by Counsel
Any party may be represented at an arbitration by an attorney. A corporation, partnership or other business entity may
appear or be represented at an arbitration as provided under ORS 701.160.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.160
History: CCB 8-2004, f. & cert. ef. 10-1-04; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 5-1999, f. & cert. ef. 9-10-99;
CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0200

Page 132 of 167

Attendance at Hearings
Persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator may require the
exclusion of a witness who is not a party during the testimony of other witnesses. The arbitrator must decide whether
any other person may attend the hearing.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-1999, f. & cert. ef. 9-10-
99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0220
Postponement, Recess and Continuance
An arbitrator may postpone or recess and later continue an arbitration. A party requesting a postponement or
continuance must show good cause. The arbitrator must decide whether to grant a postponement or continuance. That
decision is final.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 10-2002, f. & cert. ef. 11-
20-02; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0260
Recording of Hearing
(1) Unless otherwise agreed by the parties and the arbitrator, the arbitrator must make a recording of the hearing.
(2) The agency may dispose of recordings of hearings when 90 days have passed after the arbitrator issues an award in
the matter. However, if a party timely files exceptions to the award with the court, the agency may not dispose of the
recording of the hearing until the court makes final determination of the matter.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.145(9)
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-1999, f. & cert. ef. 9-10-
99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0280
Conduct of Hearing; Authority of Arbitrator
(1) An arbitrator may conduct arbitration in such manner as the arbitrator considers appropriate for a fair and
expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold
conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the
admissibility, relevance, materiality and weight of any evidence.
(2) The oral hearing may be waived and held by briefs and documents if the parties so stipulate. The arbitrator shall
determine whether to grant waiver of oral hearing and that determination shall be final.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0290
Summary Disposition
An arbitrator may decide a request for summary disposition of a complaint or particular issue:
(1) If all interested parties agree; or
(2) Upon request of one party to the arbitration proceeding, if that party gives notice to all other parties to the
proceeding and the other parties have a reasonable opportunity to respond.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235

Page 133 of 167

Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04

812-010-0300
Arbitration in the Absence of a Party
(1) Except as provided in section (2) of this rule, an arbitration may proceed in the absence of any party who, after due
notice, does not appear. An award must not be made solely on the default of a party. The arbitrator may require the
attending party to submit such evidence as the arbitrator may require for the making of an award.
(2) Notwithstanding section (1) of this rule, an arbitrator may dismiss a complaint without an evidentiary hearing if the
party making the complaint does not appear after due notice and without good cause.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-1999, f. & cert. ef. 9-10-
99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0320
Discovery
(1) Parties to an arbitration are encouraged to exchange information informally before the hearing. After making
reasonable attempts to obtain any of the following, a party may make written request of the arbitrator for an order
directing the other party to comply:
(a) Production of documents, objects, or other information relevant to the dispute;
(b) Permission to enter upon private property to inspect improvements relevant to the dispute; or
(c) Other forms of discovery.
(2) The arbitrator may, at the arbitrator’s discretion, order compliance. This rule does not require discovery. If the
arbitrator does order discovery, the arbitrator may control the methods, timing and extent of discovery. Only the
arbitrator may issue subpoenas in support of discovery.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-1999, f. & cert. ef. 9-10-
99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0340
Subpoenas; Evidence
(1) The arbitrator or an attorney for a party to the arbitration may issue subpoenas for witnesses and documents for the
arbitration hearing.
(2) The arbitrator is the sole judge of the relevance and materiality of the evidence offered. Conformity to legal rules of
evidence is not necessary.
(3) The arbitrator may receive and consider any relevant evidence, including evidence in the form of an affidavit, but
must give appropriate weight to any objections made. All documents to be considered by the arbitrator must be filed
with the agency before or at the hearing.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 5-1999, f. & cert. ef. 9-10-
99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0360
Close of Hearing
When satisfied that the parties have completed their presentations, the arbitrator must close the hearing.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235

Page 134 of 167

Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 8-1998, f. 10-29-98, cert.
ef. 11-1-98

812-010-0380
Waiver of Right to Object to Noncompliance with These Rules
Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not
been complied with and who does not state objections before the close of the hearing is deemed to have waived the right
to object.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 8-1998, f. 10-29-98, cert.
ef. 11-1-98

812-010-0400
Service of Notices and Other Communications
(1) Communication including, but not limited to the initial notice of an arbitration hearing directed by the arbitrator,
Office of Administrative Hearings, or agency to the last-known address of record shall be considered delivered when
deposited in the United States mail.
(2) If the agency did not serve a contested case notice, referral to the Office of Administrative Hearings or other notice of
the dispute by registered, certified or post office receipt secured mail prior to the initial notice of the arbitration hearing,
the notice of hearing shall be sent by registered, certified or post office receipt secured mail.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.117, 701.133, 701.148
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2003, f. & cert. ef. 8-8-
03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0420
Time, Form, and Scope of Award; Limitation on Award
(1) An award must be rendered promptly by the arbitrator and, unless otherwise agreed by the parties, not later than
thirty days from the date of the closing of the arbitration hearing.
(2) The agency may extend the time to issue an award under section (1) of this rule.
(3) The award must be in writing and must be signed or otherwise authenticated by the arbitrator.
(4) The award must fully dispose of all issues presented to the arbitrator that are required to resolve the dispute. The
arbitrator may summarily dismiss issues that raise no substantive factual or legal questions. The award must contain
sufficient rulings on issues and explanations of the reasoning of the arbitrator that a party may reasonably understand
the basis of the decision and evaluate the award to determine if filing a petition to modify or correct the award would be
appropriate.
(5) An arbitrator may not issue an award in an amount greater than the total amount a party alleges another party owes
the party in:
(a) The most recent statement of damages or amended statement of damages filed by the party under OAR 812-004-
0540, 812-004-0550 or 812-010-0110; or
(b) The Breach of Contract Complaint filed by the party under OAR 812-004-0340, if no statement of damages was filed.
(6) When a complainant makes a complaint against a respondent’s surety bond, letter of credit or cash deposit required
under ORS 701.085 (2005) or 701.068 or 701.088 and the parties to the complaint have not agreed that the arbitration
will bind the complainant, only the complainant may assert damages. The arbitrator may award damages to the
complainant, but not to the respondent. The respondent may assert amounts owed to it as an offset under section (7) of
this rule.

Page 135 of 167

(7) An arbitrator must consider any amounts owed by a party alleging damages to another party under the terms of the
contract at issue in the arbitration and reduce the amount of an award of damages to the party alleging the damages by
the amount owed as an offset to the damages, regardless of whether the other party asserting the offset filed a
statement of damages as to the offset. If the party asserting the offset did not file a statement of damages, the amount of
the offset may not exceed the amount of the award.
(8) After an award has been issued, a party to the arbitration may:
(a) File a request to modify or correct the award under ORS 36.690.
(b) File the award with the court with a petition to confirm the award under ORS 36.700.
(c) File a petition with the court to vacate, modify or correct the award under ORS 36.705 and 36.710.
(9)(a) Except as otherwise provided in this rule, the arbitrator may dismiss a complaint or may grant to any party any
remedy or relief, including equitable relief, that the arbitrator deems just and equitable, consistent with the parties’
contract or their agreement to arbitrate.
(b) If the award contains an award of monetary amounts that are payable from the respondent’s bond, letter of credit or
cash deposit required under ORS 701.085 (2005) or 701.068 or 701.088 and other amounts that are not payable from
the bond, letter of credit or cash deposit under OAR 812-004-0250 or any other law, the award must segregate these
amounts.
(c) If the parties to the arbitration mutually consent to the arbitration in a written agreement and the contract at issue in
the arbitration provides for an award of attorney fees, court costs, other costs or interest, the arbitrator may include
these fees, costs, or interest in the award, subject to subsection (b) of this section.
(10) If a limitation on damages under section (4) is based on a statement of damages or Breach of Contract Complaint
that includes an itemization of complaint items and the total of those items is different from the total damages the
complainant alleges is due from the respondent, the limitation on damages must be based on the larger of the two totals.
(11) If the award requires the payment of money, including but not limited to payment of costs or attorney fees, the
award must be accompanied by a separate statement that contains the information required by ORCP 70 A(2)(a) for
money judgments.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 36.690, 36.700, 36.705, 36.710, 701.088, 701.145, 701.148
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 6-2002 f. 6-10-02 cert.
ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-02; CCB 10-2002, f. & cert. ef. 11-20-02; CCB 7-2003, f. & cert. ef. 8-8-03; CCB
11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 2-2005,
f. 6-29-05, cert. ef. 7-1-05; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-010-0425
Petition to Modify or Correct an Award
(1) A party to arbitration or the agency may petition the arbitrator to modify or correct an award. A party may file only
one petition of an award under this rule.
(2) The petition to modify or correct an award must be in writing and substantially conform to the requirements of OAR
812-010-0430.
(3) To be considered, a petition to modify or correct an award must be received by the arbitrator no later than 21 days
after the proposed award was mailed to the parties.
(4) If the arbitrator receives a timely petition to modify or correct an award, the arbitrator must mail copies of the
petition to the other parties to the arbitration and to the agency.
(5) A party may respond to the petition to modify or correct an award. To be considered, a response to the petition must
be received by the arbitrator no later than 14 days after the arbitrator mailed a copy of the petition to the party.
(6) The arbitrator may waive or extend the time limitations in sections (3) and (5) of this rule on a showing of good cause
by the person requesting the waiver or extension. If the arbitrator waives or extends the time limitations in sections (3)
and (5), the arbitrator must notify the agency of the waiver or extension.

Page 136 of 167

(7) The arbitrator may modify or correct an award:
(a) If there was an evident mathematical miscalculation or an evident mistake in the description of a person, thing or
property referred to in the award;
(b) If the arbitrator made an award on a complaint not submitted to the arbitrator and the award may be corrected
without affecting the merits of the decision on the complaints submitted;
(c) If the award is imperfect in a matter of form not affecting the merits of the decision on the complaints submitted;
(d) Because the arbitrator has not made a final and definite award upon a complaint submitted by the parties to the
arbitration proceeding; or
(e) To clarify the award.
(8) The arbitrator must consider the petition and any response received from a non-petitioning party, except that the
arbitrator may not consider evidence that was not introduced at the arbitration.
(9) The arbitrator must issue an amended award that addresses each substantial issue raised in the petition. The
amended award may summarily dismiss issues as appropriate. The arbitrator may:
(a) Affirm the original award and incorporate it in the amended award by reference; or
(b) Issue a new award.
(10) If the arbitrator who prepared the award is not available to consider a petition modify or correct the award, the
Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may assign another
arbitrator to review the tapes and exhibits of the arbitration, the award, the petition and any response and render a
decision on the petition. If the new arbitrator is unable to render a decision on the petition, the petition shall be deemed
denied.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 183.482, 701.148
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-
02; CCB 7-2003, f. & cert. ef. 8-8-03; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 2-
2005, f. 6-29-05, cert. ef. 7-1-05; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

812-010-0430
Form of Petition to Vacate, Modify or Correct an Award
(1) A petition to modify or correct an award filed by a party to an arbitration under OAR 812-010-0425 must conform to
the following requirements:
(a) The petition must be typed or legibly printed on 8-1/2 by 11” sheets of paper.
(b) The first page of the petition must be titled “Petition to Modify or Correct an Arbitration Award” and must show the
names of the parties to the arbitration and the party submitting the petition at the top of the page. If the petition is filed
in a complaint, the first page shall show the file number.
(c) Each page of the petition must be numbered at the bottom of the page.
(d) For each modification or correction sought by petitioner, the following information should be included in the petition:
(A) The page or pages that petitioner asks to be modified or corrected;
(B) The text that petitioner asks to be modified or corrected; and
(C) An explanation or argument supporting petitioner’s request for the modification or correction.
(e) The party submitting the petition must sign and date the petition. The date must be the date the petition is served on
the arbitrator and the other parties to the arbitration.
(2) The arbitrator may refuse to consider a petition that does not substantially meet the requirements of section (1) of
this rule.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 183, 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-
02; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04

Page 137 of 167

812-010-0460
Petition to Court to Confirm Award or Vacate, Modify or Correct Award
(1) A party may petition the court to confirm an award under ORS 36.700. The petitioning party must serve the agency
with a copy of a petition filed under this section.
(2) A party may petition the court to vacate, modify or correct an award under ORS 36.705 or 36.710. The petitioning
party must serve the agency with a copy of a petition filed under this section.
(3) Failure of a party to serve the agency under section (2) of this rule constitutes a waiver of any objection to transmittal
of the award to the respondent’s surety company for payment under OAR 812-004-0600.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.145, 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 5-1999, f. & cert. ef.
9-10-99; CCB 6-2002 f. 6-10-02 cert. ef. 7-1-02; CCB 8-2002, f. & cert. ef. 9-3-02; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-
04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05

812-010-0470
Payments from Licensee’s Bond, Letter of Credit or Cash Deposit
(1) If an award or amended award requires payment by a licensee and the licensee does not pay the award within the
time period provided in OAR 812-004-0600, the award is payable from the surety bond, letter of credit or cash deposit
to the extent payment is authorized under ORS 701.150. Payment from the bond, letter of credit or cash deposit is
subject to the laws in ORS Chapter 701 and rules in division 4 of this chapter, including but not limited to OAR 812-004-
0600.
(2) For purposes of OAR 812-004-0600, an award or amended award is ready for payment by a party ordered to pay
damages if 21 days have elapsed after the award was issued, and:
(a) The arbitrator has not received a petition to modify or correct the award; and
(b) The agency has not received a copy of a petition to modify, correct or vacate the award filed with the circuit court.
Statutory/Other Authority: ORS 183.310 -183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.143, 701.088, 701.150
History: CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 15-2006, f. 12-12-06,
cert. ef. 1-1-07; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05, Renumbered from 812-010-0440; CCB 8-2004, f. & cert. ef. 10-
1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 10-2002, f. & cert. ef. 11-
20-02; CCB 9-2002(Temp), f. & cert. ef. 9-6-02 thru 3-5-03; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-
12-01, cert. ef. 1-1-02; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0480
Interpretation and Application of Rules
The arbitrator must interpret and apply these rules insofar as they relate to the arbitrator’s powers. All other rules must
be interpreted and applied by the agency administrator or a person designated by the agency administrator.
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 4-2000, f. & cert. ef. 5-2-00;
CCB 3-2000(Temp), f. 3-10-00, cert. ef. 3-10-00 thru 7-22-00; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0500
Immunity of Arbitrator
Immunity of arbitrator and the Office of Administrative Hearings are subject to ORS 36.660(1) to (3).
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 8-2004, f. & cert. ef. 10-1-04; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-

Page 138 of 167

1-04; CCB 5-1999, f. & cert. ef. 9-10-99; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98

812-010-0510
Competency of Arbitrator to Testify
Competency of an arbitrator to testify and produce records is subject to ORS 36.660(4).
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04

812-010-0520
Attorney Fees and Costs
If a person commences a civil action against an arbitrator, the Office of Administrative Hearings or a representative of
the Office of Administrative Hearings arising from the services of the arbitrator, the Office of Administrative Hearings or
a representative of the Office of Administrative Hearings or if a person seeks to compel an arbitrator or representative
of the Office of Administrative Hearings to testify or produce records in violation of OAR 812-010-0510 the court may
award attorney fees and costs as provided in ORS 36.660(5).
Statutory/Other Authority: ORS 183.310 - 183.500, 670.310, 701.235
Statutes/Other Implemented: ORS 701.148
History: CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04

DIVISION 11
APPROVED TRAINING ANDPROFESSIONAL CREDENTIALS

812-011-0000
Authority, Purpose, Scope
(1) Authority. These rules are promulgated in accordance with and under the authority of ORS 701.120.
(2) Purpose. The purpose of these rules is to provide needed information to the public about contractors who have
successfully completed accredited abatement training or training in approved lead safe work practices.
(3) Scope:
(a) These rules recognize approved or accredited work practices training that qualifies as information released by the
agency to the public per ORS 701.250.
(b) These rules establish the procedures for adding and deleting approved or accredited training to agency records
released to the public per ORS 701.250.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.120
History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-011-0010
Definitions
The following definitions apply to OAR 812 division 11:
(1) "Accredited training" means education that is recognized as having met minimum standards prescribed by the United
States Environmental Protection Agency under 40 CFR 745.
(2) "Approved training" means education mandated by the United States Department of Housing and Urban
Development as providing specialized instruction for construction contractors.
(3) "Lead safe work practices" means a set of measures designed to reduce human exposure or likely exposure to lead-
based paint hazards.
(4) "Credential holder" means a sole proprietor, partner, corporate officer, LLC member or trustee of an entity licensed
with the agency who is not an employee and who has successfully completed accredited or approved training.
(5) "Successful completion" means meeting all course requirements as required by a training provider.

Page 139 of 167

Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.120
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-011-0030
Approved and Accredited Training
The agency shall accept the following lead safe work practices training:
(1) Successful completion of a lead-based paint supervisor or worker training course accredited by the Oregon
Department of Human Services;
(2) Successful completion of training in a lead-based paint training course accredited by the United States Environmental
Protection Agency under 40 CFR 745;
(3) Successful completion of a lead-based paint training course accredited by states authorized by the United States
Environmental Protection Agency under 40 CFR 745; or
(4) Successful completion of training in remodeling or operations and maintenance approved by the United States
Department of Housing and Urban Development under 24 CFR 35, et seq.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.120
History: CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-011-0050
Procedures
The agency shall use the following procedures to add and delete information from licensee records the agency releases
to the public per ORS 701.250:
(1) If a credential holder wants approved or accredited training in OAR 812-011-0030 added to the licensee’s records,
the credential holder shall send the following to the agency:
(a) A written request that a credential holder’s approved or accredited training be included in the licensee’s records;
(b) The licensee’s active Construction Contractors Board license number(s); and
(c) A copy of a course completion certificate for an approved or accredited training by an organization listed in OAR 812-
011-0030.
(2) When the agency receives the information in section (1) of this rule, the agency will add the following to the licensee’s
records that the agency releases per ORS 701.250:
(a) Name of the approved or accredited training course or program; and
(b) Contact information for the organization listed in OAR 812-011-0030 that provided the approved or accredited
training.
(3) The agency may state in records released to the public that the agency is not responsible for the quality of work of a
credential holder who has successfully completed approved or accredited training in OAR 812-011-0030.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.120
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

812-011-0070
Advertising
A licensee who has successfully completed approved professional credentials in this division may include this
information in the licensee’s advertising or in other information presented to the public regarding the qualifications of
the licensee if the credentials are currently active.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.120
History: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

Page 140 of 167

DIVISION 12
CONTRACTOR DUTIES

812-012-0110
Terms of Written Contract
(1) If a contractor is required to have a written contract under ORS 701.305, the written contract or attached addendum
to the written contract must contain the following:
(a) The contractor’s name, address, phone number and license number issued by the board as shown on board records.
(b) An acknowledgment of a written offer of a warranty, if an offer is required by ORS 701.320, and indication of the
acceptance or rejection of the offered warranty;
(c) An explanation of the property owner’s rights under the contract, including, but not limited to, the ability to file a
complaint with the board and the existence of any mediation or arbitration provision in the contract, set forth in a
conspicuous manner as defined by the board by rule;
(d) Customer’s name and address;
(e) Address where the work is to be performed;
(f) A description of the work to be performed; and
(g) Price and payment terms.
(2) The information described in section (1) of this rule must be legible and in dark ink.
Statutory/Other Authority: ORS 670.310, 701.235, 701.305, 701.315, 701.320, 701.330, 701.335
Statutes/Other Implemented: ORS 701.305, 701.330, 701.335
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 7-2010, f. & cert. ef. 4-28-10; CCB 8-2009, f. 12-28-09, cert. ef.
1-1-10; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

812-012-0120
Maintenance Schedules
(1) A contractor that constructs a new residential structure or zero-lot-line dwelling shall provide a maintenance
schedule to the first purchaser or owner of the structure or dwelling. The maintenance schedule will recommend
periodic steps that the purchaser or owner should take to prevent moisture intrusion or water damage to the structure
or dwelling. The minimum information contained in the maintenance schedule will consist of the information listed below
in section (4).
(2) “Moisture intrusion” and “water damage” are defined as follows:
(a) “Moisture intrusion” means water, whether liquid, frozen, condensed or vaporized, that penetrates into a structure or
behind the outside cladding of a structure.
(b) “Water damage” means damage or harm caused by moisture intrusion that reduces the value or usefulness of a
structure.
(3) Moisture intrusion and water damage may occur, for example, from the following:
(a) Missing or loose roofing materials or flashing;
(b) Window sills or door frames without adequate caulking or weather-stripping;
(c) Lack of caulking in siding, mortar in masonry or grout in exterior ceramic tile installations;
(d) Degraded paint on exterior siding or surfaces;
(e) Overflowing or clogged gutters;
(f) Gutter drains or downspouts that are not a sufficient distance from the structure;
(g) Improper drainage slope next to foundation;
(h) Plant materials too close to the structure or foundation;
(i) Sprinklers that overspray onto the structure or foundation;
(j) Non-working interior ventilation systems.
(4) The recommended maintenance schedule for new residential structures and dwellings, to prevent moisture intrusion
and water damage, is as follows:

Page 141 of 167

(a) At least once a year:
(A) Check roof for damaged, loose or missing shingles. Check flashing around roof stacks, vents, skylights, and chimneys
and in roof valleys for missing or loose flashing. Repair or replace if necessary.
(B) Check for water stains in the roof of the attic and in the exterior overhangs or soffits. If water stains are present,
locate and repair the cause of moisture intrusion.
(C) Check and repair missing mortar in exterior masonry.
(D) Check painted surfaces for cracking, peeling or fading. Repaint if necessary.
(E) Inspect gutters and downspouts for leaks. Repair if necessary. Check alignment of gutters, downspouts and splash
blocks to ensure that water is properly diverted away from the structure and foundation. Repair if necessary.
(F) Inspect gutters for debris blockage. Remove debris (for example, tree needles and leaves) from downspouts and
gutters.
(G) Check soil around foundation to make sure that it slopes in such a way that water can flow away from the foundation.
Fill soil in any areas that have settled around the foundation.
(H) Trim back tree branches, shrubs and other plants to make sure they are not in contact with the structure.
(I) Check landscaping sprinklers to make sure that they are not set so that they will soak siding or form puddles near the
foundation. Adjust if necessary.
(b) At least twice a year, check and repair missing, cracked or peeling caulking or weather-stripping around window sills,
door frames and in siding gaps.
(c) At least once every two months, check to make sure that interior mechanical ventilation systems (such as bathroom,
kitchen and utility room vent fans) are in good working order. Repair if necessary.
(5) Signs of water damage may include, but are not limited to, dampness, staining, mildewing (blackened surfaces with
musty smell) and softness in wood members (possible sign of dry rot).
(6) If water damage is discovered, investigation should be made into the source of the water damage. Steps should be
taken to repair or replace building components or materials that allowed moisture intrusion leading to the water
damage. Additional steps may need to be taken depending on the extent of the water damage.
(7) The maintenance schedule in section (4) contains the minimum information that a contractor that constructs a new
residential structure or zero-lot-line dwelling must provide. A contractor may offer a maintenance schedule with
additional information, recognizing the uniqueness of each structure and its material components. A contractor may use
any form or layout for its maintenance schedule, provided that it contains the information in section (4).
(8) The contractor that constructs a new residential structure or zero-lot-line dwelling shall provide a copy of its
maintenance schedule to the first purchaser or owner no later than 60 days after substantial completion of the structure
or dwelling, or occupancy of the structure or dwelling, whichever occurs later.
(9) For purposes of this rule, a contractor that constructions a new residential structure or zero-lot-line dwelling refers
to the prime or general contractor that contracts with the homeowner or sells to the first purchaser. Subcontractors that
do not have a contractual relationship with the homeowner or first purchaser are not required to deliver a maintenance
schedule.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.335
History: Renumbered from 812-001-0240, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; CCB 10-2008, f. 6-30-08, cert. ef.
7-1-08

812-012-0130
Delivery and Proof of Delivery of Consumer Notice
(1) If a contractor is required to have a written contract under ORS 701.305, the consumer notices described in OAR
812-001-0200(1), (2) and (4) shall be delivered on or before the date the contract is entered into.
(2) The contractor shall maintain proof of delivery of the Consumer Protection Notice, Notice of Procedure, and the
notice required under ORS 87.093, if required, for a period of two years after the contract was entered into. Proof of

Page 142 of 167

delivery of the notices shall include, but not be limited to:
(a) A signed copy of the notices;
(b) An unambiguous phrase in the written contract that acknowledges receipt of the notices and that is initialed by the
owner; or
(c) Copies of the written contract, if the notices are fully contained in the written contract.
Statutory/Other Authority: ORS 670.310, 701.235, 701.305, 701.330
Statutes/Other Implemented: 701.305, 701.330
History: CCB 7-2008, f. 4-28-08, cert. ef. 5-1-08; CCB 4-2008(Temp), f. & cert. ef. 1-18-08 thru 7-15-08; CCB 7-2007, f.
12-13-07, cert. ef. 1-1-08

812-012-0140
Requirements for Notice of Compliance with Homebuyer Protection Act
(1) Under ORS 87.007(3), a seller of residential property must deliver a Notice of Compliance with Homebuyer
Protection Act on or before the date the sale of the property closes to the purchaser of:
(a) A new single family residence, condominium or residential building; or
(b) An existing single-family residence, condominium or residential building where:
(A) The price for original construction, including but not limited to an addition to the single family residence,
condominium or residential building, that is completed within three months prior to the date of the sale of the property is
$50,000 or more; or
(B) The contract price for improvements to the single-family residence, condominium or residential building that are
completed within three months prior to the date of the sale of the property is $50,000 or more.
(2) The seller must deliver the notice required under ORS 87.007(3) on or before the close of the sale of the property.
(3) The notice required under ORS 87.007(3) shall be on the form adopted under OAR 812-001-0200.
(4) Under ORS 87.007(3), a seller of residential property may specify on the Notice of Compliance with Homebuyer
Protection Act that 87.007(2) does not apply to the sale of the property if the seller knows that no person may enforce a
valid lien against the property because:
(a) The last day to perfect any lien on the property under ORS 87.035 was prior to the date of sale of the property; and
(b) No lien was perfected.
Statutory/Other Authority: ORS 87.007, 670.310, 701.235
Statutes/Other Implemented: ORS 87, 87.007, ch. 701
History: Renumbered from 812-001-0300, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; Renumbered from 812-001-
0022, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 2-2004, f. 2-27-04, cert. ef.
3-1-04; CCB 13-2003(Temp), f. 12-19-03, cert. ef. 1-1-04 thru 6-14-04

812-012-0145
Surety Bond Issued to Protect Purchasers of Residential Property from Lien Claims
A seller of residential property may provide a surety bond to satisfy the requirements of ORS 87.007(2)(c), provided that
the bond complies with the following requirements.
(1) The bond must be issued by an insurer authorized or approved to do business in this state.
(2) The bond must be issued on or after the date of completion of the residential property. For purposes of this rule, the
“date of completion” shall be determined in accordance with ORS 87.045.
(3) The bond must be issued in an amount of not less than 25 percent of the sales price of the residential property.
(4) The bond shall remain in effect:
(a) Not less than 75 days after the date of completion if no lien is perfected under ORS 87.035 against the residential
property; or
(b) If one or more liens are perfected against the residential property within 75 days from the date of completion, until:
(A) All liens are released and the releases recorded;
(B) The seller files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081;

Page 143 of 167

(C) The surety files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081; or
(D) The surety pays the buyer the amount of the lien or the penal sum of the bond, whichever is less.
(5) The bond shall include the following terms and conditions:
“NOW, THEREFORE, the conditions of the foregoing obligation are that if the principal shall not permit any construction
lien to be placed upon the subject property; shall obtain the release of all construction liens upon the subject property
and have the releases recorded; or shall file a bond or deposit in accordance with ORS 87.076 to 87.081; then this
obligation shall be void; otherwise to remain in full force and effect.
“This bond is for the exclusive purpose of paying construction lien obligations encumbering (legal description or address
of property) arising out of the sale by principal to (name(s) of purchaser(s)), in compliance with ORS 87.007(2)(c) and
OAR 812-012-0145.
“The bond shall be one continuing obligation, and the liability of the surety for the aggregate of any and all claims, which
may arise hereunder, shall in no event exceed the penalty on this bond.
“The bond shall remain in effect for not less than 75 days after the date of completion if no lien is perfected under ORS
87.035 against the property; or, if one or more liens are perfected against the property within 75 days from the date of
completion, until (1) all liens are released and the releases recorded; (2) the principal files a bond or makes a deposit and
the principal files the required affidavit under ORS 87.076 to 87.081; (3) the surety files a bond or makes a deposit and
the surety files the required affidavit under 87.076 to 87.081; or (4) the surety pays the liens.”
Statutory/Other Authority: ORS 87.007, 670.310, 701.235
Statutes/Other Implemented: ORS 87.007
History: Renumbered from 812-001-0305, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; Renumbered from 812-001-
0023, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-04

812-012-0150
Letter of Credit Issued to Protect Purchasers of Residential Property from Lien Claims
(1) As used in this rule, “letter of credit” means an irrevocable standby letter of credit.
(2) A seller of residential property may provide a letter of credit to satisfy the requirements of ORS 87.007(2)(c),
provided that the letter of credit complies with the following requirements.
(a) The letter of credit must be issued by or confirmed by an Oregon state-chartered bank or a federally chartered bank
that has an Oregon branch.
(b) The letter of credit must be issued on or after the date of completion of the residential property. For purposes of this
rule, the “date of completion” shall be determined in accordance with ORS 87.045.
(c) The letter of credit must be issued in an amount of not less than 25 percent of the sales price of the residential
property.
(d) The beneficiary of the letter of credit must be the purchaser of the property.
(e) The letter of credit shall remain in effect:
(A) Not less than 75 days after the date of completion if no lien is perfected under ORS 87.035 against the residential
property; or
(B) If one or more liens are perfected against the residential property within 75 days from the date of completion, until:
(i) All liens are released and the releases recorded;
(ii) The seller files a bond or makes a deposit and the seller files the required affidavit under ORS 87.076 to 87.081; or
(iii) The issuing or confirming bank pays the purchaser of the property the amount of the lien or the amount of the letter
of credit, whichever is less in accordance with the terms of the letter of credit.
(f) The letter of credit can be called by the purchaser of the property immediately if:
(A) The seller of the property permits any construction lien to be placed upon the property;
(B) The seller of the property fails to obtain the release of all construction liens upon the property and have the releases
recorded; or
(C) The seller of the property fails to file a bond or deposit and record the required affidavit under ORS 87.076 to 87.081.

Page 144 of 167

(g) The credit shall be available by presentation of the purchaser of the residential property at sight on the issuing, or
confirming, bank when accompanied by a notice of lien filing together with the claim of lien, as provided by ORS 87.039.
The credit shall be available within three business days of presentation.
Statutory/Other Authority: ORS 87.007, 670.310, 701.235
Statutes/Other Implemented: ORS 87.007
History: Renumbered from 812-001-0310, CCB 16-2008, f. 9-26-08, cert. ef. 10-1-08; Renumbered from 812-001-
0024, CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 8-2004, f. & cert. ef. 10-1-04

812-012-0170
Unpaid Court Judgments
(1) A contractor against whom a court enters a judgment or order awarding arbitration must report that judgment or
order to the Construction Contractors Board, if:
(a) The judgment or order arises from:
(A) Breach of contract;
(B) Negligent work; or
(C) Improper work.
(b) The judgment or order relates to construction or proposed construction of a residential structure.
(2) The contractor will transmit a copy of the final judgment or order to the Construction Contractors Board within 45
days after the final judgment or order is recorded.
(3) The contractor will transmit the copy of the final judgment or order with a completed “Unpaid Court Judgment Filing”
form described in OAR 812-001-0220.
(4) The contractor is not required to send the Board a copy of the judgment or order, if:
(a) The contractor paid the damages and other amounts payable under the judgment or order within 30 days from the
date the judgment or order was recorded; or
(b) The contractor appealed the judgment or order and has filed an undertaking on appeal as required by ORS 19.300.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.109
History: CCB 4-2009, f. 5-6-09, cert. ef. 6-1-09

DIVISION 20
ADOPTION OF CONTINUING EDUCATION RULES FOR CONSTRUCTION CONTRACTORS WITHCOMMERCIAL
ENDORSEMENTS

812-020-0050
Authority, Purpose, and Scope of Rules — Continuing Education for Commercial Contractors
(1) Authority. These rules are promulgated in accordance with ORS 670.310(1) and 701.086, which authorize CCB to
adopt rules to administer a continuing education system for commercial contractors.
(2) Purpose. The purpose of these rules is to further explain and detail the requirements for continuing education under
ORS 701.086.
(3) Scope. These rules establish:
(a) Procedures for commercial contractors to report continuing education hours; and
(b) Sanctions for commercial contractors failing to comply.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-
20-08

812-020-0055
Definitions — Continuing Education for Commercial Contractors

Page 145 of 167

The following definitions apply to OAR 812-020-0050 to 812-020-0073:
(1) “Building code” means a specialty code as defined in ORS 455.010(7).
(2) “Commercial contractor” means a licensed contractor as defined under ORS 701.005(2).
(3) “Inactive commercial contractor” means a commercial contractor that has voluntarily placed its license in inactive
status in accordance with OAR 812-003-0330 to 812-003-0370 and has not converted the license back to active status
in accordance with ORS 812-003-0380.
(4) “Lapse in license” has the meaning given that term by OAR 812-002-0420.
(5) “License period” means the two-year period from the date a contractor’s license is first issued or last renewed until
the date the license is next scheduled to expire.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10; CCB 9-2010(Temp), f. & cert.
ef. 5-18-10 thru 11-12-10; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0060
Effective Date — Continuing Education for Commercial Contractors
OAR 812-020-0050 to 812-020-0073 and the amendment to OAR 812-003-0280(2) take effect upon passage, and
apply to commercial contractors that renew their licenses on and after July 1, 2010.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0062
Exemptions — Continuing Education for Commercial Contractors
(1) Commercial contractors subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS chapter
693 do not need to satisfy the continuing education requirements. These contractors include, but are not limited to:
(a) Electrical contractors subject to regulation under ORS 479.510 to 479.945.
(b) Plumbing contractors subject to regulation under ORS 447.040 and chapter 693.
(c) Boiler contractor subject to regulation under ORS 480.510 to 480.670.
(d) Elevator contractors subject to regulation under ORS 479.510 to 479.945.
(e) Renewable energy contractors subject to regulation under ORS 479.510 to 479.945.
(f) Pump installation contractors subject to regulation under ORS 479.510 to 479.945.
(g) Limited sign contractors subject to regulation under ORS 479.510 to 479.945.
(2) Commercial contractors endorsed only as commercial developers do not need to satisfy the continuing education
requirements.
(3) Contractors owned by or having an officer or an employee who is an electrician licensed under ORS 479.510 to
479.945 do not need to satisfy the continuing education requirement.
(4) Contractors owned by or having an officer or an employee who is a plumber licensed under ORS chapter 693 do not
need to satisfy the continuing education requirement.
(5) Contractors owned by or having an officer or an employee who is an architect registered under ORS 671.010 to
671.020 do not need to satisfy the continuing education requirement.
(6) Contractors owned by or having an officer or an employee who is a professional engineer licensed under ORS
672.002 to 672.325 do not need to satisfy the continuing education requirement.
(7) Contractors licensed as landscape contracting businesses under ORS 671.510 to 671.760 do not need to satisfy the
continuing education requirement.
(8) If, during the two years immediately preceding the expiration date of the license, a commercial contractor served on
active duty in the United States armed forces, including but not limited to mobilization or deployment, the continuing
education requirement is waived for that two-year period. This exemption applies only if the commercial contractor is a:

Page 146 of 167

(a) Sole proprietor;
(b) Sole owner of a corporation; or
(c) Sole member of a limited liability company.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 7-2009, f. 11-30-09, cert.
ef. 1-1-10; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0065
Minimum Requirements — Continuing Education for Commercial Contractors
(1) Commercial contractors shall have a key employee, or combination of key employees, who complete continuing
education.
(2) Education hours may be earned by attending offerings provided by any of the following:
(a) Post-secondary institutions such as colleges or universities;
(b) Trade schools;
(c) Trade associations;
(d) Professional societies;
(e) Private companies;
(f) Public agencies;
(g) Business associations; or
(h) Contractor-provided in-house training programs.
(3) Courses shall be a minimum of one clock hour to qualify for one hour of continuing education credit.
(4) Credit shall not be applied for the same key employee repeating the same continuing education course during a two-
year period.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0070
Certification of Hours — Continuing Education for Commercial Contractors

(1) Upon renewal, a commercial contractor must certify that one or more key employees obtained the continuing
education required by OAR 812-020-0050 to 812-020-0073.
(2) For a commercial general or specialty contractor – level 1 with five or more key employees, the commercial
contractor must certify that one or more key employees completed at least 80 hours during the preceding license period.

(3) For a commercial general or specialty contractor – level 1 with four or fewer key employees, the commercial
contractor must certify as follows:
(a) With four key employees, that one or more key employees completed at least 64 hours during the preceding license
period.
(b) With three key employees, that one or more key employees completed at least 48 hours during the preceding license
period.
(c) With two key employees, that one or more key employees completed at least 32 hours during the preceding license
period.
(d) With one key employee, that the key employee completed at least 16 hours during the preceding license period.
(4) For a commercial general or specialty contractor – level 2, the commercial contractor must certify that one or more
key employees completed at least 32 hours during the preceding license period.
(5) If a contractor changes its endorsement during the license period or at the time of renewal, the contractor may elect

Page 147 of 167

to complete either residential continuing education or commercial continuing education for that license period.
(6) For purposes of this rule, if a contractor is subject to the continuing education requirement, the number of key
employees is the number of such persons employed by the commercial contractor as of the previous date of license
issuance, reissuance or renewal as a commercial contractor.

Statutory/Other Authority: ORS 670.310, 701.124, 701.235

Statutes/Other Implemented: 701.124
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-
2014, f. 6-26-14, cert. ef. 7-1-14; CCB 1-2010, f. & cert. ef. 2-1-10; CCB 1-2009, f. 1-30-09, cert. ef. 2-1-09; CCB 21-
2008, f. & cert. ef. 11-20-08

812-020-0071
Hours Earned as Residential Contractor — Continuing Education for Commercial Contractors
Notwithstanding OAR 812-022-0021(10), a commercial contractor also endorsed as a residential contractor may take
credit for continuing education earned under ORS 701.082 and OAR division 22.
Statutory/Other Authority: ORS 670.310, 701.086, 701.235
Statutes/Other Implemented: ORS 701.082, 701.086
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef.
7-1-14; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 5-2009, f. 6-25-09, cert. ef. 7-1-09

812-020-0072
Recordkeeping and Review — Continuing Education for Commercial Contractors
(1) Every commercial contractor shall maintain records of its key employees’ participation in continuing education
activities for a period no less than 24 months after the renewal date.
(2) The agency may request any commercial contractor’s continuing education records for review.
(3) If a commercial contractor cannot prove that the commercial contractor’s key employees completed the continuing
education, the agency may suspend the license until the commercial contractor proves compliance or the commercial
contractor’s key employees complete the missing courses.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0083
Inactive Status During the License Period or Upon Renewal — Continuing Education for Commercial Contractors
(1) If a contractor is inactive at the time of renewal and seeks to renew in active status, the contractor must complete all
commercial continuing education required under OAR 812-020-0065 and 812-020-0070. The contractor may satisfy
the requirement by commercial continuing education completed during the inactive period.
(2) If a contractor is inactive at the time of renewal and seeks to renew in inactive status, the contractor is not required to
complete commercial continuing education required under OAR 812-020-0065 and 812-020-0070.
(3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to
complete the commercial continuing education requirements under OAR 812-020-0065 and 812-020-0070.
(4) Notwithstanding section (3), if an inactive contractor renews to inactive status and seeks to change to active status
during the two-year licensing period, the contractor must complete commercial continuing education required in OAR
812-020-0065 and 812-020-0070. The contractor may satisfy the requirement by commercial continuing education
completed during the inactive period.
(5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal.
Statutory/Other Authority: ORS 670.310, 701.086, 701.235
Statutes/Other Implemented: ORS 701.086

Page 148 of 167

History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17

812-020-0085
Lapse in License — Continuing Education for Commercial Contractors
If a license lapses and a contractor applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the
contractor must satisfy the commercial continuing education requirements of OAR 812-020-0065 and 812-020-0070.
The contractor may satisfy the requirement by commercial continuing education completed during the lapse period.
Statutory/Other Authority: ORS 670.310, 701.086, 701.235
Statutes/Other Implemented: ORS 701.086
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-
20-08

812-020-0087
Courses Completed by Key Employees — Continuing Education for Commercial Contractors
A commercial contractor may certify continuing education hours based upon courses completed by its key employees;
provided that a key employee was employed by the commercial contractor when he or she completed a course. If a
commercial contractor employs a key employee who completed continuing education course(s) before being hired by the
commercial contractor, the commercial contractor may not include those hours to certify that it satisfied the continuing
education requirement.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 21-2008, f. & cert. ef. 11-20-08

812-020-0090
Key Employee of More than One Commercial Contractor — Continuing Education for Commercial Contractors
If a key employee who completes a continuing education course is employed by more than one commercial contractor
when the course is completed, each commercial contractor may include those hours to certify that it satisfied the
continuing education requirement.
Statutory/Other Authority: ORS 670.310, 701.124, 701.235
Statutes/Other Implemented: 701.124
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11; CCB 21-2008, f. & cert. ef.
11-20-08

DIVISION 22
NEW CONTINUING EDUCATION FOR RESIDENTIAL CONTRACTORS

812-022-0000
Authority, Purpose, Scope, Applicable Dates — Continuing Education for Residential Contractors (SB 783)
(1) Authority. These rules are promulgated in accordance with ORS 701.082, which requires CCB to establish a
residential continuing education system for licensed residential contractors, other than developers.
(2) Purpose. The purpose of these rules is to create a residential continuing education system. The Board shall adopt
minimum standards for:
(a) Approving providers of residential continuing education;
(b) Approving courses for residential continuing education; and
(c) Where available, giving consideration to any residential continuing education program adopted by national
construction licensing trade associations.
(3) Scope.
(a) These rules establish the content and hours required for residential continuing education.
(b) These rules establish procedures for recordkeeping, for verifying attendance or completion of residential continuing

Page 149 of 167

education hours and for sanctions for failing to comply.
(c) These rules establish procedures and standards for provider and course approval.
Statutory/Other Authority: ORS 670.310, 701.126, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0005
Definitions — Continuing Education for Residential Contractors

The following definitions apply to OAR 812-022-0000 to 812-022-0047:

(1) “Employee” means:
(a) Any individual employed by a contractor; or
(b) A leased worker provided to a contractor by contract with a worker leasing company defined under 701.005(19)
(2013) or licensed under ORS 656.850(2).
(c) “Employee” does not include a subcontractor, which is an independent contractor, or a temporary employee.
(2) “Instructor” means:
(a) Any individual who develops, or assists in developing, curriculum for any course;
(b) Any individual who presents a course in live format; or
(c) Any individual who is available to answer questions from course attendees or participants.
(3) “Licensing period” means the two-year period from the date a contractor’s license is first issued or last renewed until
the date the license is next scheduled to expire.
(4) “Officer” means an individual person as defined in ORS 701.005(12).
(5) “Owner” means an individual person as defined in OAR 812-002-0537.
(6) “Residential contractor” means a licensed contractor as defined in ORS 701.005(13).
(7) “Responsible managing individual (RMI)” means an individual person as defined in ORS 701.005(16).
Statutory/Other Authority: ORS 670.310, 701.126, 701.235
Statutes/Other Implemented: ORS 701.082; 701.005, 701.035
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f.
& cert. ef. 10-24-13

812-022-0010
Effective Date — Continuing Education for Residential Contractors
Effective January 1, 2016, OAR 812-022-0000 to 812-022-0047 apply to all residential contractors that renew licenses.
Statutory/Other Authority: ORS 670.310, 701.082, 701.126, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 2-2014(Temp), f. & cert. ef.
3-26-14 thru 9-22-14; CCB 1-2014, f. & cert. ef. 2-6-14; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 2-
2013, f. & cert. ef. 10-24-13

812-022-0015
Minimum Continuing Education Requirements — Continuing Education for Residential Contractors

(1) Except as provided in section (3), residential contractors shall have an owner, officer, RMI or employee, or a
combination of those persons, who complete a minimum of eight hours of continuing education every licensing period as
described in sections (2) and (3).
(2) Residential continuing education hours consist of the following:
(a) Three hours of education on laws, regulations and business practices offered by the agency or by an approved
provider under an agreement with the agency; and

Page 150 of 167

(b) Five hours of education, approved by the agency and offered by approved providers, in one or more of the following
subjects:
(A) Construction business practices;
(B) Marketing;
(C) Customer service;
(D) Accounting;
(E) Business law;
(F) Bidding;
(G) Building Codes;
(H) Safety;
(I) Energy;
(J) Trade specific courses, including, but not limited to, roofing, excavation and exterior shell construction;
(K) Environmental hazards, including, but not limited to, asbestos, lead and radon.
(3) Residential contractors that have not been licensed as a residential contractor during any part of the six-years
immediately preceding their scheduled renewal date must complete an additional eight hours of residential continuing
education in one or more of the subjects listed in section (2)(b).
(4) Courses shall be a minimum of 50 minutes to qualify for one hour of residential continuing education credit. Courses
shall be at least one credit hour.
(5) Credit shall not be given for an individual student repeating the same residential continuing education course during a
two-year licensing period, or for more than three hours of laws, regulations and business practices courses provided by
the agency during a two-year licensing period.
(6) If, during the two years immediately preceding the expiration date of the license, a residential contractor served on
active duty in the United States armed forces, including but not limited to mobilization or deployment, the residential
continuing education requirement is waived for that two-year licensing period. This exemption applies only if the
residential contractor is a:
(a) Sole proprietor without employees;
(b) Sole owner of a corporation; or
(c) Sole member of a limited liability company.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 1-
2014, f. & cert. ef. 2-6-14; CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0018
Agreements to Offer Agency Courses — Continuing Education for Residential Contractors
The agency may enter into agreements with approved providers to provide the agency’s courses on laws, regulations and
business practices.
Statutory/Other Authority: ORS 670.310, 701.126, 701.235
Statutes/Other Implemented: ORS 701.267
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0021
Exemptions from Continuing Education — Continuing Education for Residential Contractors (SB 783)
(1) Residential contractors subject to regulation under ORS 479.510 to 479.945 or 480.510 to 480.670 or ORS Chapter
693 do not need to satisfy the continuing education requirements. These contractors include, but are not limited to:
(a) Electrical contractors subject to regulation under ORS 479.510 to 479.945.
(b) Plumbing contractors subject to regulation under ORS 447.040 and Chapter 693.
(c) Boiler contractors subject to regulation under ORS 480.510 to 480.670.

Page 151 of 167

(d) Elevator contractors subject to regulation under ORS 479.510 to 479.945.
(e) Renewable energy contractors subject to regulation under ORS 479.510 to 479.945.
(f) Pump installation contractors subject to regulation under ORS 479.510 to 479.945.
(g) Limited sign contractors subject to regulation under ORS 479.510 to 479.945. (2) Residential contractors endorsed
only as residential developers do not need to satisfy the continuing education requirement.
(3) Contractors owned by or having an officer or an employee who is an electrician licensed under ORS 479.510 to
479.945 do not need to satisfy the continuing education requirement.
(4) Contractors owned by or having an officer or an employee who is a plumber licensed under ORS chapter 693 do not
need to satisfy the continuing education requirement.
(5) Contractors owned by or having an officer or an employee who is an architect registered under ORS 671.010 to
671.020 do not need to satisfy the continuing education requirement.
(6) Contractors owned by or having an officer or an employee who is a professional engineer licensed under ORS
672.002 to 672.325 do not need to satisfy the continuing education requirement.
(7) Contractors licensed as landscape contracting businesses under ORS 671.510 to 671.760 do not need to satisfy the
continuing education requirement.
(8) Contractors owned by or having an employee who is a home inspector certified under ORS 701.350 do not need to
satisfy the continuing education requirement.
(9) Contractors certified as master builders under ORS 455.810 do not need to satisfy the continuing education
requirement.
(10) Contractors holding both a residential endorsement under ORS 701.081 and a commercial endorsement under ORS
701.084 do not need to satisfy the residential continuing education requirements.
Statutory/Other Authority: ORS 670.310, 701.082, 701.083, 701.235
Statutes/Other Implemented: ORS 701.082, 701.083
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 1-2016, f. 6-6-16 , cert. ef. 7-1-16; CCB 6-2014, f. 6-26-14, cert. ef.
7-1-14; CCB 2-2014(Temp), f. & cert. ef. 3-26-14 thru 9-22-14; CCB 1-2014, f. & cert. ef. 2-6-14; CCB 4-2013(Temp), f. &
cert. ef. 11-26-13 thru 5-23-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0022
Experience Exemptions from Continuing Education — Continuing Education for Residential Contractors
(1) Notwithstanding ORS 701.082(2), if a contractor was licensed for at least six years before the contractor’s renewal
date, the contractor may qualify for renewal by completing eight hours of continuing education as provided in ORS
701.082(1).
(2) Notwithstanding ORS 701.082(2), if a contractor’s RMI was an RMI for any contractor for at least six years before the
contractor’s renewal date, the contractor may qualify for renewal by completing eight hours of continuing education as
provided in ORS 701.082(1).
(3) The licensing for the contractor or experience for the RMI does not need to be continuous.
Statutory/Other Authority: ORS 670.310, 701.08, 701.235
Statutes/Other Implemented: ORS 701.082, 701.265
History: CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14; CCB 2-2014(Temp), f. & cert. ef. 3-26-14 thru 9-22-14

812-022-0025
Provider Approval — Continuing Education for Residential Contractors

(1) The agency will review and approve providers offering residential continuing education.
(2) Providers will apply for approval on a form prescribed by the agency.
(3) Providers seeking approval to offer residential continuing education must submit the following to the agency:
(a) Name, address and contact information of the provider;
(b) Business entity type of the provider and, if applicable, the Corporation Division business registry number;

Page 152 of 167

(c) Description of the subject area(s) the provider intends to offer; and
(d) Any other information or documentation as the agency may request.
(4) To qualify for approval, providers must:
(a) Employ or contract with instructors who have at least four years work experience or four years of education, or any
combination of both, in the subject that they instruct;
(b) If the provider charges fees for courses, describe a process for cancellations and refunding registrant payments. If the
provider does not permit cancellation or refunds, it must provide notice of that fact in a conspicuous manner in its
advertising, solicitation and registration materials;
(c) Describe and follow attendance verification procedures; and
(d) Maintain records available for agency to inspect for at least six years.
(5) Only an approved provider may offer or provide residential continuing education to a contractor or a contractor’s
employees.
(6) An approved provider may not allow any person not approved by the agency as a provider to offer or provide courses
of the approved provider. For purposes of this rule, “offer or provide” includes, but is not limited to, assisting the
contractor or the contractor’s employees in obtaining or completing the courses or acting on behalf of an approved
provider in advertising or soliciting the courses.
(7) Provider approval will be valid for two (2) years from the date the provider is approved by the agency. If the agency
grants provider approval after the provider has already offered courses, approval is valid for two (2) years from the date
the courses were first offered.
(8) Providers must re-submit an application for renewal of approval every two years. Renewal of approval will be subject
to the same requirements as initial approval.
(9) The agency may withdraw approval issued to any provider that violates ORS 701.265 or ORS 701.265 or any rule of
the agency.
Statutory/Other Authority: ORS 670.310, 701.265, 701.235
Statutes/Other Implemented: ORS 701.265
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 1-
2014, f. & cert. ef. 2-6-14; CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14; CCB 3-2013(Temp), f. & cert. ef. 10-
29-13 thru 4-26-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0028
Course Approval — Continuing Education for Residential Contractors

(1) The agency will approve residential continuing education courses. Providers seeking course approval must be
approved providers under OAR 812-022-0025.
(2) A provider seeking approval for live or online courses must submit the following:
(a) Course name, course description, objective of the offered course, and number of hours of continuing education credit
sought (must be no less than one hour);
(b) A written description of the course instructors’ credentials, including years of education and experience in the subject
matter they instruct;
(c) Course syllabus (for live courses only);
(d) Copies of the course materials provided to students;
(e) Cost of the offered course;
(f) For live classes and classes held in real time, anticipated date, time, and place of course.:
(g) For self-study or online courses:
(A) Anticipated date when the course will first be offered;
(B) Description of provider’s procedures to answer student questions; and
(C) The length of time a student has to complete the course and receive credit.

Page 153 of 167

(h) Any other information as directed by the agency.
(3) The agency will only approve courses that the agency, in its sole discretion, considers offer high quality in the
following respects:
(a) The course relates to one or more of the subjects listed in OAR 812-022-0015(2)(b);
(b) The course’s use of animation, audio, video or color to stimulate multiple learning styles;
(c) The course holds interest through the use of visual, textual, audio or interactive components;
(d) The course material is presented in a logical and understandable manner;
(e) The spelling, grammar and sentence structure in written materials are correct;
(f) For courses using internet, video, audio or other electronic media, the course program is technically sufficient (e.g.,
video does not “stutter”; internet material does not “lock up”); and
(g) For courses using internet, video, audio or other electronic media, there is adequate instruction and guidance to
navigate from the beginning to the end of the course.
(4) The agency will only approve courses that provide qualified instructors to answer questions in real-time, either in
person, by telephone or by electronic means (e.g. chat rooms, e-mail, instant message).
(5) Course approval will be valid for two (2) years from the date the agency approves the course or the date the course
was first offered, if approval is retroactive.
(6) Providers must re-submit an application for renewal of course approval every two years. Renewal of approval will be
subject to the same requirements as initial approval.
(7) Courses offered by the State of Oregon, the United States government or any other state or local governmental
agencies are deemed approved.
(8) Courses offered by accredited universities, colleges or community colleges are deemed approved.
(9) Courses offered through the Oregon Small Business Development Center Network are deemed approved.
Statutory/Other Authority: ORS 670.310, 701.235, 701.265, 701.267
Statutes/Other Implemented: ORS 701.265, 701.267
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 1-
2014, f. & cert. ef. 2-6-14; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0033
Provider Rosters and Certificates of Completion – Continuing Education for Residential Contractors

(1) Providers that transmit course completion data electronically to the agency should include the following when they
submit rosters to the agency:
(a) Course name and any other information identifying course, as required by agency:
(b) Contractor’s name;
(c) Contractor’s license number;
(d) Name of individual attending or completing the course;
(e) Relationship of individual completing the course to contractor (e.g. owner, officer, member, employee);
(f) Date individual attended or completed the course;
(g) Number of hours credit obtained by attending or completing the course; and
(h) Certification by individual completing the course that the identified individual:
(A) Attended or completed the entire course; and
(B) No other individual attended, completed or assisted in completing the course in place of the individual.
(2) Upon satisfactory completion of each course, providers will prepare a certificate of completion for the person
completing the course. The certificate of completion will contain the following information:
(a) Provider name;
(b) Provider number assigned by the agency (if applicable);
(c) Course name;

Page 154 of 167

(d) Course number assigned by the agency (if applicable);
(e) Number of credit hours;
(f) Date of course completion;
(g) Student name;
(h) Name of contractor with which student is associated;
(i) Contractor CCB number; and
(j) Any other information required by the agency.
Statutory/Other Authority: ORS 670.310, 701.267, 701.235
Statutes/Other Implemented: ORS 701.267
History: CCB 4-2017, amend filed 11/22/2017, effective 12/01/2017; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f.
& cert. ef. 10-24-13

812-022-0037
Certification, Recordkeeping, and Review — Continuing Education for Residential Contractors
(1) Contractors shall maintain records of continuing education courses completed for a period of:
(a) 24 months after the renewal date for which the residential continuing education was reported; or
(b) For a lapsed license, a period of 24 months after the date the license ceased to be lapsed.
(2) The agency may request any contractor’s residential continuing education records for review.
(3) If a contractor cannot prove that it completed the residential continuing education, the agency may suspend or refuse
to renew the license until the contractor proves compliance or completes the missing courses.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0040
Inactive Status During the License Period or Upon Renewal — Continuing Education for Residential Contractors
(1) If a contractor is inactive at the time of renewal and seeks to renew in active status, the contractor must complete all
residential continuing education required under OAR 812-022-0015. The contractor may satisfy the requirement by
residential continuing education completed during the inactive period.
(2) If a contractor is inactive at the time of renewal and seeks to renew in inactive status, the contractor is not required to
complete residential continuing education required under OAR 812-022-0015.
(3) If a contractor is active at the time of renewal and seeks to renew in inactive status, the contractor is not required to
complete the residential continuing education requirements under OAR 812-022-0015.
(4) Notwithstanding section (3), if an inactive contractor renews to inactive status and seeks to change to active status
during the two-year licensing period, the contractor must complete residential continuing education required in OAR
812-022-0015. The contractor may satisfy the requirement by residential continuing education completed during the
inactive period.
(5) Hours completed and credited towards one renewal may not be included for contractor’s next renewal.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235
Statutes/Other Implemented: ORS 701.063, 701.082
History: CCB 1-2017, f. 6-28-17, cert. ef. 7-1-17; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0042
Lapse in License — Continuing Education for Residential Contractors
If a license lapses and a contractor applies for renewal as provided in ORS 701.063(4) and OAR 812-003-0300, the
contractor must satisfy the residential continuing education requirements of 812-022-0015. The contractor may satisfy
the requirement by residential continuing education completed during the lapse period.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235

Page 155 of 167

Statutes/Other Implemented: ORS 701.063, 701.082
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0045
Claiming Continuing Education Credits — Continuing Education for Residential Contractors
(1) A contractor may claim continuing education hours for courses completed during the time an employee is employed
by the contractor. If the employee is a leased worker, the employee must complete the continuing education hours while
leased to the contractor.
(2) If an employee completed continuing education before being hired by a contractor, the contractor may not claim
those hours to satisfy its continuing education requirement.
(3) A contractor may claim continuing education hours for courses completed at the time the owner, officer or RMI is
associated with the contractor.
(4) If an owner, officer or RMI completed continuing education before associating with a contractor, the contractor may
not claim those hours to satisfy the continuing education requirement.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

812-022-0047
Personnel of More than One Contractor — Continuing Education for Residential Contractors
(1) If an employee who completes a continuing education course is employed by more than one contractor at the time the
employee completes the course, each employing contractor may claim the continuing education hours. For purposes of
this rule, “employed by more than one contractor” does not include leased workers leased by more than one contractor.
For leased workers, only one contractor may claim the continuing education credits.
(2) If an owner, officer or RMI who completes a continuing education course is associated with more than one contractor
at the time the owner, officer or RMI completes the course, each affiliated contractor may claim the continuing education
hours.
Statutory/Other Authority: ORS 670.310, 701.082, 701.235
Statutes/Other Implemented: ORS 701.082
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 2-2013, f. & cert. ef. 10-24-13

DIVISION 25
ENERGY EFFICIENCY AND SUSTAINABLE TECHNOLOGY LOAN PROGRAM (EEAST)

812-025-0000
Authority, Purpose, Scope
(1) Authority. These rules are promulgated in accordance with, and under the authority of, ORS 470.560, 670.310,
701.108, 701.119 and Oregon Laws 2009, chapter 753, section 48.
(2) Purpose. These rules establish a certification system for primary contractors that participate in the construction of
small scale local energy projects financed through the energy efficiency and sustainable technology loan program
created by ORS chapter 470 and Oregon Laws 2009.
(3) Scope. These rules:
(a) Establish the requirements for, and the manner of, certifying applicants.
(b) Establish fees.
(c) Prescribe actions that constitute grounds to deny, suspend, or revoke a certification.
(d) Outline requirements for notifying other agencies.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: 470.560, 670.310, 701.108, 701.119 & 2009 OL Ch. 753, Sec. 42 – 46a, 48, 49
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

Page 156 of 167

812-025-0005
Definitions
The following definitions apply to division 25 of OAR chapter 812.
(1) “BOLI” means Bureau of Labor and Industries.
(2) “BPI” means Building Performance Institute.
(3) “Certification” means certification provided to contractors that participate in the construction of small scale local
energy projects financed through the EEAST program.
(4) “Disadvantaged business enterprise” means that term as defined in ORS 200.005(1). A “disadvantaged business
enterprise” is a small business concern:
(a) That is at least 51 percent owned by one or more socially and economically disadvantaged individuals; or
(b) If a corporation, at least 51 percent of the stock is owned by one or more socially and economically disadvantaged
individuals, and of which the management and daily business operations are controlled by one or more of the socially and
economically disadvantaged individuals who own it.
(5) “EEAST” means energy efficiency and sustainable technology.
(6) “Equal opportunity employer” means an employer that follows the principle of equal opportunity in regards to its
hiring and promotion practices. An equal opportunity employer does not discriminate based on race, color, national
origin, religion, gender, age, or physical or mental disability.
(7) “Minority or women business enterprise” means that term as defined in ORS 200.005(5). A “minority or women
business enterprise” is a small business concern:
(a) That is at least 51 percent owned by one or more minority individuals or women; or
(b) If a corporation, at least 51 percent of the stock is owned by one or more individuals who are minority individuals or
women, and of which the management and daily business operations are controlled by one or more of the minority
individuals or women who own it.
(8) “ODOE” means the Oregon Department of Energy.
(9) “Primary contractor” means a contractor that:
(a) Has entered or will enter into a contract with an owner of real property for which a proposed small scale local energy
project will be located;
(b) Is or will be responsible for the completion of the small scale local energy project;
(c) Undertakes or will undertake to complete the small scale local energy project; and
(d) Is or will be responsible for any subcontractors performing work on the small scale local energy project.
(10) “Program” or “EEAST program” means the energy efficiency and sustainable technology loan program.
(11) “Project” means a small scale local energy project, as defined by ORS 470.050(27), being funded by the EEAST
program.
(12) “REAP” means Residential Energy Analyst Program offered through the Oregon Energy Coordinators Association.
(13) “Small business” means:
(a) An Oregon business that is:
(A) A retail or service business employing 50 or fewer persons at the time the loan is made; or
(B) An industrial or manufacturing business employing 200 or fewer persons at the time the loan is made; or
(b) An Oregon subsidiary of a sole proprietorship, partnership, company, cooperative, corporation or other form of
business entity for which the total number of employees for both the subsidiary and the parent sole proprietorship,
partnership, company, cooperative, corporation or other form of business entity at the time the loan is made is:
(A) Fifty or fewer persons if the subsidiary is a retail or service business; and
(B) Two hundred or fewer if the subsidiary is an industrial or manufacturing business.
(14) “Small business concern,” for purposes of subsections (4) and (7) of this rule, is defined by the United States Small
Business Administration (SBA). 13 C.F.R. part 121. A contractor is a “small business concern” if:
(a) It engages in the construction or remodeling of new or existing buildings and receives no more than $33.5 million in
average annual receipts;

Page 157 of 167

(b) It engages in dredging or surface cleanup activities and receives no more than $20.0 million in average annual
receipts;
(c) It primarily engages in the following construction trades and receives no more than $14.0 million in average annual
receipts:
(A) Poured concrete foundation and structure;
(B) Structural steel and precast concrete;
(C) Framing;
(D) Masonry;
(E) Glass and glazing;
(F) Roofing;
(G) Siding;
(H) Foundation, structure and building (other than concrete);
(I) Electrical;
(J) Plumbing;
(K) Heating and air-conditioning;
(L) Building equipment other than (I), (J) or (K);
(M) Drywall and insulation;
(N) Painting and wall covering;
(O) Flooring;
(P) Tile and terrazzo;
(Q) Finish carpentry;
(R) Building finishing other than carpentry;
(S) Site preparation.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0010
Application and Eligibility to Participate in Construction of Projects Financed by the EEAST Program
An applicant for certification must submit the following:
(1) A completed application on a form provided by the board;
(2) Proof that the applicant is licensed by the board as a residential or commercial contractor;
(3) A statement that the applicant is or will be the primary contractor
(4) A copy of a BPI or REAP certificate, referred to in OAR 812-025-0015;
(5) The fee established in OAR 812-025-0040.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0015
Qualifications for Certification: Skill to Perform Installation
ODOE adopted performance skill standards that the board applies in granting certification. Under the ODOE standards,
a contractor is qualified if:
(1) It holds a current and valid BPI accredited contractor.
(2) It is owned by or employs one or more persons who hold a current and valid BPI certificate in at least one of the
following disciplines:
(a) Building analyst;
(b) Envelope;

Page 158 of 167

(c) Heating;
(d) Air conditioning/heat pump;
(e) Manufactured housing;
(f) Multifamily.
(3) It is owned by or employs one or more persons who hold a current and valid REAP certificate as one or more of the
following:
(a) Energy Analyst-1;
(b) Energy Analyst-2;
(c) Shell Tech-1;
(d) Diagnostic Tech-1;
(e) Building Performance Specialist-1.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: 701.108, 701.119, 2009 OL Ch. 753, ORS 470, 670.310
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0020
Additional Qualifications for Certification
ODOE adopted standards that the board applies in granting certification. Under the ODOE standards, a contractor is
qualified if:
(1) It is not listed by the Commissioner of BOLI as ineligible to receive a contract, or subcontract, for public works;
(2) It is one or more of the following:
(a) An equal opportunity employer;
(b) A small business;
(c) A minority or women business enterprise; or
(d) A disadvantaged business enterprise.
(3) It has complied with the rules and other requirements of:
(a) The board;
(b) The Workers’ Compensation Division of the Department of Consumer and Business Services; and
(c) The Occupational Safety and Health Division of the Department of Consumer and Business Services.
(4) It employs at least 80 percent of employees used for the EEAST program from the local work force, if a sufficient
supply of skilled workers is available locally.
(5) It has complied with federal and state wage and hour laws.
(6) It pays wages to employees used for the EEAST program at a rate equal to at least 180 percent of the state minimum
wage.
(7) It pays wages to employees used for commercial structures at the prevailing wage rate for each trade or occupation
employed.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 8-2012, f. 10-26-12, cert. ef. 11-1-12; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0025
Effective Date of Certification; Certification Term
(1) The effective date of the certification will be the date the applicant meets all board requirements, including but not
limited to the receipt of the fee required under OAR 812-025-0040.
(2) All initial and renewal certifications will be non-transferrable and effective for one (1) year from the date of issue.
(3) All certifications will be assigned a unique number.
(4) An applicant for a certification may withdraw the application at any time before issuance of the certification. The
applicant must make written request to the board in order to withdraw the certification application.

Page 159 of 167

(5) If the board denies the certification, it shall state, in writing, the reasons for denial.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0030
Renewal of Certification
Contractors certified under these rules may renew their certifications by submitting the following:
(1) A properly completed application for certification renewal on a form provided by the board;
(2) Proof that the person is licensed by the board as a residential or commercial contractor;
(3) A copy of a BPI or REAP certificate, referred to in OAR 812-025-0015;
(4) The fee established in OAR 812-025-0040.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0032
Certification Cards
(1) The agency shall issue a certification and pocket card effective on the date on which the certification becomes
effective under OAR 812-025-0025 or 812-025-0030.
(2) A certification and pocket card is valid for the term for which it is issued.
(3) If a certification becomes invalid, the agency may require the return of the certification and pocket card.
(4) There is no charge for the original certification and pocket card issued by the agency.
(5) There is a $10 fee to replace a certification and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 192.440(4)(a), 701.063, 701.119, 701.238
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-025-0035
Denial, Suspension or Revocation of Certification
The board may deny, refuse to renew, suspend or revoke a certification authorized under these rules on the following
grounds:
(1) Obtaining a certification through invalid documentation;
(2) Permitting the duplication or use of the certification by another;
(3) Failing to comply with any of the certification standards in OAR 812-025-0015 and 812-025-0020.
(4) If a project is constructed for a commercial structure, failing to pay employees used for the project at the prevailing
wage rated, as determined by the Commissioner of BOLI for each trade or occupation employed.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0040
Fees
(1) All initial and renewal certification application fees are non-refundable and non-transferrable.
(2) The fee for initial certification is $50.
(3) The fee for renewal certification is $50.
(4) If the board receives payment of fees by check and the check is returned to the agency as an NSF check, the board will
charge the applicant $25 in addition to the required fees.
Statutory/Other Authority: ORS 670.310, 701.235

Page 160 of 167

Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

812-025-0045
Notification to Other Agencies
(1) The board’s website is available to ODOE to determine if the board issued, denied, suspended or revoked a
certification.
(2) If the board receives a complaint that a certified contractor failed to comply with a wage and hour standard for a
project under the EEAST program, the board will forward the complaint to BOLI.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 470, 670.310, 701.108, 701.119, 2009 OL Ch. 753
History: CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

DIVISION 30
LOCKSMITH CERTIFICATION

812-030-0000
General Definitions
The following definitions apply to OAR 812-030-0000 to 812-030-0300:
(1) “Certificate” means the authorization issued by the board to an individual locksmith.
(2) “Conviction” means a final judgment on a verdict or finding of guilty, a plea of guilty, a plea of nolo contendere (no
contest), or any other determination of guilt entered by a court against an individual in a criminal case unless the final
judgment has been reversed or set aside by a subsequent court decision.
(3) “False statement” means a statement whereby an individual applying for a locksmith certificate:
(a) Provides the board with materially false information; or
(b) Fails to provide the board with information material to determining his or her qualifications.
(4) “License” means the construction contractor license issued by the board under ORS 701.046 to a business offering to
or providing locksmith services, including, but not limited to, a residential locksmith services contractor.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.475 - 701.490
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0010
Testing
(1) The board shall provide and administer a test to each applicant for a locksmith certificate.
(2) The test shall demonstrate the competency of the applicant to act as a locksmith.
(3) The applicant must correctly answer 100 percent of the questions to pass the test.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0100
Potentially Disqualifying Crimes
The following crimes will potentially disqualify an applicant for a locksmith certificate:
(1) Murder.
(2) Kidnapping.
(3) Assault in the first degree.
(4) Rape.
(5) Sodomy.

Page 161 of 167

(6) Unlawful sexual penetration.
(7) Arson in the first degree.
(8) Robbery in the first or second degree.
(9) Burglary in the first or second degree.
(10) Theft in the first or second degree.
(11) Theft by extortion.
(12) Aggravated theft in the first degree.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.098, 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0110
Fitness Determination — Criminal Offense
(1) Locksmiths have the knowledge and tools to bypass or neutralize security devices in vehicles, homes and businesses.
An individual may not be fit to be a locksmith if the individual engaged or engages in activity that puts public safety or
security at risk by unlawfully accessing property that does not belong to the individual.
(2) The fitness to engage in locksmithing also includes, but is not limited to, the ability to refrain from violent, threatening,
intimidating or sexually predatory behavior and to refrain from dishonest or fraudulent conduct.
(3) The board may determine that an individual is not fit for a locksmith certificate based on:
(a) A conviction for any crime listed in OAR 812-030-0100 occurring within seven (7) years before the date of
application;
(b) The nature of the crime;
(c) The facts that support the conviction;
(d) The relevancy, if any, of the crime to the requirements for certified locksmiths;
(e) The fact that the individual is currently on probation or post-prison supervision; and
(f) Intervening circumstances relevant to the responsibilities and circumstances of a certified locksmith. Intervening
circumstances include, but are not limited to:
(A) The passage of time since the commission of the crime;
(B) The age of the subject individual at the time of the crime;
(C) The likelihood of a repetition of offenses or of the commission of another crime;
(D) The subsequent commission of another crime listed in OAR 812-030-0100 or a closely related crime; and
(E) Whether the conviction was set aside and the legal effect of setting aside the conviction. An individual shall not be
denied certification on the basis of a criminal conviction that has been expunged pursuant to ORS 419A.260 and
419A.262, or other similar process under the laws of any jurisdiction.
(4) Upon notice and request from the board, an applicant for a new or renewal certificate will provide requested
information to permit the board to conduct a criminal background check. Requested information includes, but is not
limited to, police records, records of conviction, parole or probation reports, restitution records, counseling reports and
letters of recommendation.
(5) Failure to provide the information requested in section (4) of this rule may result in denial, suspension or revocation
of a certificate.
(6) If the board determines that an applicant is not fit for certification as a locksmith, the applicant is entitled to a hearing
as provided in ORS 183.413 to 183.470.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 670.280, 701.098, 701.102, 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0200
General Application Requirements

Page 162 of 167

An individual must submit the following to qualify for a locksmith certificate:
(1) An application on a form provided by the board;
(2) The fee established in OAR 812-030-0250; and
(3) If applicable, the CCB license number of the business owned by or employing the applicant.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0210
Certificate Issuance
(1) The effective date of the certificate will be the date that the applicant meets all board requirements, including but not
limited to passing the test required by OAR 812-030-0010 and paying the fee required under 812-030-0250.
(2) A unique number will be assigned to each certificate.
(3) All certificates shall be issued in the name of the individual who passed the test required by OAR 812-030-0010.
(4) If the board issues a certificate, it shall mail the certificate to the applicant.
(5) If the board denies a certificate, it shall state, in writing, the reasons for denial.
(6) A certificate shall be non-transferable.
(7) A certificate shall be effective for two years from the date of issue.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0220
Requirements for Certificate Renewal
A certified locksmith shall submit the following to the board for renewal of the locksmith’s certificate:
(1) Renewal application information as required by the board;
(2) The fee established in OAR 812-030-0250; and
(3) If applicable, the CCB license number of the business owned by or employing the applicant.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0223
Certificate Cards
(1) The agency shall issue a certificate and pocket card effective on the date on which the certificate becomes effective
under OAR 812-030-0210 or 812-030-0220.
(2) A certificate and pocket card is valid for the term for which it is issued.
(3) If a certificate becomes invalid, the agency may require the return of the certificate and pocket card.
(4) There is no charge for the original certificate and pocket card issued by the agency.
(5) There is a $10 fee to replace a certificate and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 192.440(4)(a), 701.063, 701.238, 701.485
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-030-0230
Certificate Renewal — Effective Date; Effect of Lapse
(1) A renewed certificate shall be effective on the day following the expiration date for which the renewal is sought if the
certified locksmith fulfills all of the requirements in OAR 812-030-0220 on or before the expiration date.
(2) Except as provided in subsection (4), if a certified locksmith fails to fulfill all of the requirements in OAR 812-030-

Page 163 of 167

0220 on or before the expiration date, but fulfills the requirements at a future date, the renewal shall be effective on the
date that all the requirements for renewal have been fulfilled. During the period from the expiration date to the effective
date, the certificate is deemed to have lapsed.
(a) A locksmith may not undertake, offer to undertake or submit to do work as a locksmith for compensation while the
certificate is lapsed.
(b) A locksmith may not use the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title
using a form of the word “locksmith” while the certificate is lapsed.
(3) If the certificate lapses for two years or less, the applicant may renew its certification by renewing the certificate as
provided for in OAR 812-030-0220.
(4) If the certificate lapses for more than two years, the applicant must apply for a new certificate as provided for in OAR
812-030-0200.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0235
Mailing and E-mail Address Changes
(1) Certified locksmiths shall notify the board of any change in mailing or e-mail addresses while certified and for one
year following the certification expiration date. Such persons must notify the board within 10 days after changing an
address.
(2) No charge will be made for a mailing or e-mail address change to the board’s records.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.117, 701.485
History: CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11

812-030-0240
Requirement that Locksmith Own or Work for a Licensed Contractor
(1) In order to work as a locksmith, a certified locksmith must:
(a) Be an owner or employee of a licensed construction contractor, including, but not limited to, a residential locksmith
services contractor; or
(b) Be otherwise exempt under ORS 701.490.
(2) If the board refuses to issue, refuses to reissue, suspends or revokes the contractor’s license, or if the construction
contractor’ license expires or becomes inactive, the certified locksmith, not otherwise exempt under ORS 701.490, may
not:
(a) Undertake, offer to undertake or submit to do work as a locksmith for compensation; or
(b) Use the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the
word “locksmith.”
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.480, 701.490
History: CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0250
Application, Renewal and Certificate Fees
(1) The application fee for all certificates is $60.
(2) The fee for the test required under OAR 812-030-0010 is $60.
(3) The fee for issuance of an initial two-year certificate is $60.
(4) The fee for renewal of a two-year certificate is $60.
(5) All fees are non-refundable and non-transferrable.

Page 164 of 167

Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.480, 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

812-030-0300
Standards of Professional Conduct
(1) A certified locksmith shall not engage in dishonest or fraudulent conduct, including, but not limited to:
(a) Committing any crime that results in a conviction of an offense listed in OAR 812-003-0100 to the extent the
conviction demonstrates a lack of fitness under 812-003-0110;
(b) Submitting to the board an application for a certificate that includes a false statement; or
(c) Failing to timely pay a civil penalty or fine imposed by a unit of local, state or federal government.
(2) A licensed construction contractor that offers locksmith services shall not engage in dishonest or fraudulent conduct,
including, but not limited to:
(a) Accepting payment in advance and failing to perform the work or provide the services agreed to and failing to return
payment, upon reasonable and proper demand, within ten days of the demand;
(b) Displaying to the public false, misleading or deceptive advertising whereby a reasonable person could be misled or
injured; or
(c) Failing to timely pay a civil penalty or fine imposed by a unit of local, state or federal government.
(3) A certified locksmith and a licensed construction contractor that offers locksmith services shall cooperate fully with
any investigation undertaken by the board.
(4) When gaining entry to private or public property, a licensed construction contractor that offers locksmith services
shall:
(a) Direct the certified locksmith to make positive identification of the client; and
(b) Obtain and retain, for three years, an authorization or work order signed by the client.
(5) Subsection (4) does not apply to licensed construction contractors where the construction contractor and the client
have a standing agreement covering locksmith services.
Statutory/Other Authority: ORS 670.310, 701.235, 701.485
Statutes/Other Implemented: ORS 701.480, 701.485
History: CCB 3-2010, f. & cert. ef. 2-1-10

DIVISION 32
HOME ENERGY ASSESSOR

812-032-0000
General Definitions
The following definitions apply to OAR 812-032-0000 to 812-032-0150:
(1) “Certificate” means the authorization issued by the board to an individual home energy assessor.
(2) “License” means the construction contractor license issued by the board under ORS 701.046 to a business offering or
providing home energy performance scores, including, but not limited to, a home energy performance score contractor.
Statutory/Other Authority: ORS 670.310, 701.235
Statutes/Other Implemented: ORS 701.527–701.536
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0100
General Application Requirements
An individual must submit the following to qualify for a home energy assessor certificate:
(1) An application on a form provided by the board;
(2) Proof of passing a training program designated by the Department of Energy;
(3) If applicable, the CCB license number of the business owned by or employing the applicant; and

Page 165 of 167

(4) The fee established in OAR 812-032-0150.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.527–701.536
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0110
Certificate Issuance
(1) The effective date of the certificate will be the date that the applicant meets all board requirements, including paying
the fee required under OAR 812-032-0150.
(2) A unique number will be assigned to each certificate.
(3) If the board issues a certificate, it will mail the certificate to the applicant.
(4) If the board denies a certificate, it will state, in writing, the reasons for denial.
(5) A certificate shall be non-transferable.
(6) A certificate shall be effective for one year from the date of issue.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0120
Requirements for Certificate Renewal
A certified home energy assessor shall submit the following to the board for renewal of the home energy assessor’s
certificate:
(1) Renewal application information as required by the board;
(2) If applicable the CCB license number of the business owned by or employing the applicant; and
(3) The fee established in OAR 812-032-0150.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0123
Certificate Cards
(1) The agency shall issue a certificate and pocket card effective on the date on which the certificate becomes effective
under OAR 812-032-0110 or 812-032-0120.
(2) A certificate and pocket card is valid for the term for which it is issued.
(3) If a certificate becomes invalid, the agency may require the return of the certificate and pocket card.
(4) There is no charge for the original certificate and pocket card issued by the agency.
(5) There is a $10 fee to replace a certificate and pocket card.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0130
Certificate Renewal — Effective Date; Effect of Lapse
(1) A renewed certificate shall be effective on the day following the expiration date for which the renewal is sought if the
certified home energy assessor fulfills all of the requirements in OAR 812-032-0120 on or before the expiration date.
(2) Except as provided in subsection (4), if a certified home energy assessor fails to fulfill all of the requirements in OAR
812-032-0120 on or before the expiration date, but fulfills the requirements at a future date, the renewal shall be
effective on the date that all the requirements for renewal have been fulfilled. During the period from the expiration date
to the effective date, the certificate is deemed to have lapsed.

Page 166 of 167

(a) A home energy assessor may not offer to assign, or assign, home energy scores while the certificate is lapsed.
(b) A home energy assessor may not use the title of home energy assessor or similar other title while the certificate is
lapsed.
(3) If the certificate lapses for one year or less, the applicant may renew its certification by renewing the certificate as
provided for in OAR 812-032-0120.
(4) If the certificate lapses for more than one year, the applicant must apply for a new certificate as provided for in OAR
812-032-0100.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0135
Mailing and E-mail Address Changes
(1) Certified home energy assessors shall notify the board of any change in mailing or e-mail addresses while certified
and for one year following the certification expiration date. Such persons must notify the board within 10 days after
changing an address.
(2) No charge will be made for a mailing or e-mail address change to the board’s records.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0140
Requirement that Home Energy Assessor Own or Work for a Licensed Contractor
(1) In order to work as a home energy assessor, a certified home energy assessor must be an owner or employee of a
licensed construction contractor, including, but not limited to, a home energy performance score contractor.
(2) If the board refuses to issue, refuses to reissue, suspends or revokes the contractor’s license, or if the construction
contractor’ license expires or becomes inactive, the certified home energy assessor may not:
(a) Undertake, offer to assign or assign home energy performance scores; or
(b) Use the title of home energy assessor or similar other title.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

812-032-0150
Application, Renewal and Certificate Fees
(1) The application fee for a home energy assessor certificate is $100.
(2) The fee for issuance of an initial one-year certificate is $100.
(3) The fee for renewal of a one-year certificate is $100.
(4) All fees are non-refundable and non-transferrable.
Statutory/Other Authority: ORS 670.310, 701.235, 701.532
Statutes/Other Implemented: ORS 701.532
History: CCB 3-2014, f. & cert. ef. 4-30-14; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14

Page 167 of 167