Loading
 

 

Oregon Bulletin

January 1, 2014

Construction Contractors Board, Chapter 812

Rule Caption: Clarify Residential RCE Scheduled Renewal Date and Qualifications for Exemptions from RCE

Adm. Order No.: CCB 4-2013(Temp)

Filed with Sec. of State: 11-26-2013

Certified to be Effective: 11-26-13 thru 5-23-14

Notice Publication Date:

Rules Amended: 812-022-0015, 812-022-0021

Subject: 812-022-0015 is amended to clarify that it is the “scheduled renewal date” not when the actual renewal occurs, that establishes the look-back period for licensure for six years.

   812-022-0021 is amended to clarify that plumbing or electrical contractor’s owner or employee must complete the trade licensing continuing education to qualify the contractor for the exemption.

Rules Coordinator: Catherine Dixon—(503) 934-2185

812-022-0015

Minimum Continuing Education Requirements — Continuing Education for Residential Contractors (SB 783)

(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

(b) Five hours of Series A Courses, 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; or

(H) Safety.

(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 offered by an approved provider. The education hours may include:

(a) Series A Courses described in section (2)(b); or

(b) Series B Courses in one or more of the following subjects:

(A) Energy efficiency; or

(B) Trade specific subjects, such as roofing, excavation, or exterior shell construction, as selected by the contractor.

(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.

(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.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: OL 2013, Ch.718 (SB 783)

Hist.: CCB 2-2013, f. & cert. ef. 10-24-13; CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14

812-022-0021

Exemptions from Continuing Education — Continuing Education for Residential Contractors (SB 783)

(1) Subject to section (2) of this rule, the following persons are exempt from completing Series A Courses required under OAR 812-022-0015(2)(b) and Series B Courses required under OAR 812-022-0015(3)(b):

(a) Contractors licensed as plumbing contractors under ORS 447.010 to 447.156; and

(b) Contractors licensed as electrical contractors under ORS 479.630.

(2) A contractor that is exempt under this rule and has been licensed as a residential contractor during all of the six years immediately preceding renewal must complete sufficient course hours in trade licensing continuing education or Series A Courses to total five hours. To qualify for the exemption, an owner or employee of the contractor must complete the trade licensing continuing education.

(3) A contractor that is exempt under this rule and has not been licensed as a residential contractor during any part of the six years immediately preceding renewal must:

(a) Complete sufficient course hours in trade licensing continuing education or Series A Courses to total five hours; and

(b) Complete sufficient course hours in trade licensing education, Series A Courses, or Series B Courses to total eight hours.

(c) To qualify for the exemption, an owner or employee of the contractor must complete the trade licensing continuing education.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: OL 2013, Ch.718 (SB 783)

Hist.: CCB 2-2013, f. & cert. ef. 10-24-13; CCB 4-2013(Temp), f. & cert. ef. 11-26-13 thru 5-23-14


Rule Caption: Creates an exemption from provider application fee and bond for community colleges and SBDCs.

Adm. Order No.: CCB 5-2013(Temp)

Filed with Sec. of State: 12-12-2013

Certified to be Effective: 12-12-13 thru 4-26-14

Notice Publication Date:

Rules Amended: 812-022-0025, 812-022-0026, 812-022-0027

Subject: 812-022-0025 and 812-022-0026 are amended to permit community colleges and SBDCs to become providers without paying the $2,000 application fee. It will also permit community colleges and SBDCs to become providers without submitting a $20,000 surety bond.

   812-022-0027 is amended to permit community colleges and SBDCs to become providers without obtaining a $20,000 surety bond.

   NOTE: In order to save postage and printing costs in these difficult times, CCB is only providing a copy of the notice. To view the language of each individual rule change, please go to our web site at http://www.oregon.gov/CCB/Laws_Rules.shtml#Administrative_Rule_Notices. If you don’t have web access, contact Cathy Dixon at (503) 934-2185 for assistance in receiving a copy.

Rules Coordinator: Catherine Dixon—(503) 934-2185

812-022-0025

Provider Approval — Continuing Education for Residential Contractors (SB 783)

(1) The agency will review and approve providers offering residential continuing education.

(2) Providers will apply for approval on a form, and submit fees, 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;

(c) Description of the subject area(s) the provider intends to offer;

(d) Indication whether provider will offer:

(A) Series A Courses;

(B) Series B Courses; or

(C) Both Series A and Series B Courses; and

(e) Such 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) Be capable of entering and transmitting electronic data to the agency;

(c) Describe and follow a process for prompt resolution of complaints by registrants;

(d) 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;

(e) Describe and follow attendance verification procedures;

(f) Provide an evaluation opportunity as prescribed by the agency for course attendees to complete;

(g) Be capable of submitting rating results to the agency by 12:00 noon of the business day following the day the contractor completes the course;

(h) Except as provided in OAR 812-022-0027(2), if offering agency developed courses, pursuant to an agreement under 812-022-0018, or Series A Courses, provide a surety bond, as described in 812-022-0027, in the amount of $20,000 obligating the surety to pay the State of Oregon any fees unpaid by provider;

(i) Except as provided in OAR 812-022-0026(3), pay fees as provided under 812-022-0026; and

(j) 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.

(8) If providers change or add course types (Series A Courses or Series B Courses), they shall notify the agency within 24 hours.

(9) If providers change or add instructors, they shall notify the agency within 24 hours.

(10) Providers must re-submit an application and fees for renewal of approval. Renewal of approval will be subject to the same requirements as initial approval.

(11) The agency may withdraw approval issued to any provider that violates Oregon Laws 2013, chapter 718, or any rule of the agency.

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: OL 2013, Ch.718 (SB 783)

Hist.: CCB 2-2013, f. & cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14

812-022-0026

Fees for Provider Approval — Continuing Education for Residential Contractors (SB 783)

(1) Providers will remit to the agency a non-refundable fee of $2,000, together with an application for approval, or renewal of approval, to offer Series A Courses, Series B Courses, or both Series A Courses and Series B Courses.

(2) Providers will be assessed a fee of $4 per student per hour for each Series A Course hour provided. Providers will pay agency the fees at the time provider submits each student’s records. The agency will establish the manner in which the provider must remit payment. Students will receive credit for Series A Course hours only after CCB receives provider’s payment.

(3) The fees established under section (1) of this rule do not apply to Oregon public community colleges or small business development centers (including BizCenter Online Learning).

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: OL 2013, Ch.718 (SB 783)

Hist.: CCB 2-2013, f. & cert. ef. 10-24-13; CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14

812-022-0027

Surety Bond to Assure Performance of Agency Agreements

(1) Providers that provide Series A Courses as provided in OAR 812-022-0015(2)(b), will maintain a surety bond in the amount of $20,000, 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 “Series A Course Provider Surety Bond,” dated October 24, 2013.

(2) Section (1) of this rule does not apply to Oregon public community colleges or small business development centers (including BizCenter Online Learning).

Stat. Auth.: ORS 670.310, 701.126 & 701.235

Stats. Implemented: OL 2013, Ch.718 (SB 783)

Hist.: CCB 2-2013, f. & cert. ef. 10-24-13; CCB 3-2013(Temp), f. & cert. ef. 10-29-13 thru 4-26-14; CCB 5-2013(Temp), f. & cert. ef. 12-12-13 thru 4-26-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2013.

2.) Copyright Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​