OAR 918-674-0240
Conflict of Interest and Collusion
(1)
A third-party agency and its agents shall be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any supplier or manufacturer of prefabricated structures with whom it has contracted to perform plan review or inspection services. This prohibition shall include, but not be limited to, the following:(a)
A third-party agency and its owners, directors, management personnel, architects, engineers, plans examiners or inspectors shall not hold stock or have any ownership or managerial affiliation with any supplier, dealer, distributor or manufacturer of prefabricated structures;(b)
A third-party agency shall not promote any prefabricated structure, manufacturer or product;(c)
The employment status of any third-party agency personnel shall be free of influence or control by any dealer, distributor, supplier or manufacturer of prefabricated structures;(d)
A third-party agency shall not review or approve plans or inspect any work which was produced or participated in whole or in part by a member of the third-party agency’s staff or by a member of the staff of any affiliated organization;(e)
When a third-party agency contracts with a supplier or manufacturer of prefabricated structures to perform plan review or inspection services, it shall, within ten days of signing, provide a statement to the Division that it is free of any conflicts of interest, affiliation, influence, collusion, control or fraud in connection with the supplier 4or manufacturer; and(f)
A third-party agency shall not perform or participate in design or engineering services for the same prefabricated structure manufacturer(s) with which it has contracted to perform plan review or inspection services.(2)
Suppliers or manufacturers of prefabricated structures shall be free of any conflicts of interest, affiliation, influence, collusion, control or fraud involving any certified third-party agency with whom it has contracted to perform plan review or inspection services. This prohibition shall include, but not be limited to:(a)
A supplier or manufacturer and its owners, directors, management personnel, architects or engineers shall not hold stock or have any ownership or managerial affiliation with any certified third-party agency;(b)
The employment status of any supplier or manufacturing personnel shall be free of influence or control by any certified third-party agency;(c)
No employee or officer of a supplier or manufacturer shall perform consulting or engineering services for the same third-party agency with whom it has contracted to perform plan review or inspection services.
Source:
Rule 918-674-0240 — Conflict of Interest and Collusion, https://secure.sos.state.or.us/oard/view.action?ruleNumber=918-674-0240.