OAR 812-005-0280
Fitness Standards
(1)
In considering whether to revoke, suspend, or refuse to issue a license pursuant to ORS 701.098 (Grounds for discipline)(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 (Grounds for discipline)(1)(i)(A)–(I). Requested information includes but is not limited to police reports, record of conviction, parole or probation reports, restitution records, counseling reports, and letters of recommendation.(d)
Failure to provide requested information in (1)(c) of this section may result in the denial of a license.(2)
The agency may revoke, suspend, or refuse to issue a license if the applicant, licensee, or an owner, officer or responsible managing individual of the applicant or licensee demonstrates a lack of financial responsibility pursuant to ORS 701.098 (Grounds for discipline)(2) and 701.102 (Sanction for past unresolved activity or outstanding matters)(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 (Resolution of complaints involving work on residential structures or certain small commercial structures) or 701.146 (Resolution of complaints involving work on large commercial structures or certain small commercial structures), 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 (Definitions)(11) or OAR 812-002-0533 (Officer).(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 (Civil penalty for violations).(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 (Grounds for discipline)(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 (Grounds for discipline)(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 (Penalty Criteria — Repeat Violation) and 437-001-0165 (Determination of Penalty — Repeat Violation) 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 (Grounds for discipline)(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 (Determination of Penalty — Willful or Egregious Violation) for a willful or egregious violation of any statute, regulation, rule, standard or order relating to the Oregon Safe Employment Act.
Source:
Rule 812-005-0280 — Fitness Standards, https://secure.sos.state.or.us/oard/view.action?ruleNumber=812-005-0280.