OAR 812-002-0260
Dishonest or Fraudulent Conduct


“Dishonest or fraudulent conduct”, as used in ORS 701.098 (Grounds for discipline)(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 (Renewal and Reissue of License); 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 (Definitions for ORS 279C.800 to 279C.870) to 279C.870 (Civil action to enforce payment of prevailing rates of wage); 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.

Source: Rule 812-002-0260 — Dishonest or Fraudulent Conduct, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-002-0260.

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
812‑002‑0120
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
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
Last Updated

Jun. 8, 2021

Rule 812-002-0260’s source at or​.us