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The Oregon Administrative Rules contain OARs filed through August 15, 2014
 
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CONSTRUCTION CONTRACTORS BOARD

 

DIVISION 2

DEFINITIONS

812-002-0001

Applicant

"Applicant" has the same meaning as licensee.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.145 & 701.146
Hist.: CCB 7-2003, f. & cert. ef. 8-8-03; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-002-0020

Agency

"Agency" means the administrative agency including the staff of the Construction Contractors Board.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.515
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.260
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 656.027, 701.005, 701.139, 701.145, 701.146 & 701.325
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-002-0060

Bid

“Bid” as used in ORS 701.021 does not include a prospectus for an art project.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 279C.460 & 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 18-2008, f. & cert. ef. 11-20-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

812-002-0080

Board

"Board" means the nine-member appointed Construction Contractors Board.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 87.058, 87.093 & 701
Hist.: 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.

(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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005 & 701.013
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 656.027 & 701.010
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14; CCB 6-2014, f. 6-26-14, cert. ef. 7-1-14

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.

(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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 87.058, 87.093 & Ch. 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; 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 8-2004, f. & cert. ef. 10-1-04; 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 12-2010, f. 6-24-10, cert. ef. 7-1-10

812-002-0143

Complainant

“Complainant” means a person who files a complaint against a contractor under ORS 701.131 to 701.180.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.131 - 701.180
Hist.: 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

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).

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005, 701.021, 701.026 & 701.238
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; 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 10-2011, f 9-29-11, cert. ef. 10-1-11; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.131
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 183.415, 183.460 & 701.131 - 701.180
Hist.: CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-002-0200

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063 & 701.131
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.143 & 701.145
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07

812-002-0230

Days

"Days" as used in this chapter means calendar days, unless otherwise provided or the context otherwise indicates.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.235
Hist.: CCB 8-2004, f. & cert. ef. 10-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.098
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 11-2000(Temp), f. 9-21-00, cert. ef. 9-21-00 thru 3-19-01; CCB 14-2000, f. & cert. ef. 12-4-00; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 16-2011, f. 12-13-11, cert. ef. 1-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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 ORS 696.010(13).

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005, 701.010, 701.021, 701.026 & 701.131
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 10-2011, f 9-29-11, cert. ef. 10-1-11

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08; CCB 17-2010, f. 12-22-10, cert. ef. 1-1-11

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 279.322
Hist.: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 2-2002, f. & cert. ef. 3-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

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.

Stat. Auth.: ORS 670.310, 701.122 & 701.235
Stats. Implemented: ORS 701.091 & 701.122
Hist.: CCB 10-2006, f. 9-5-06, cert. ef. 10-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-002-0350

Individual

"Individual", as used in ORS chapter 701, means a natural person.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 670.600, 701.073
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 1-2004, f. & cert. ef. 2-2-04; CCB 5-2008, f. 2-29-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310, 701.124 & 701.235
Stats. Implemented: 701.124
Hist.: CCB 9-2010(Temp), f. & cert. ef. 5-18-10 thru 11-12-10; CCB 14-2010, f. 8-24-10, cert. ef. 9-1-10

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.140 & 701.150
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063, 701.131 & 701.225
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 6-2003(Temp), f. & cert. ef. 7-9-03 thru 1-3-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; 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 18-2008, f. & cert. ef. 11-20-08; CCB 3-2009, f. 5-6-09, cert. ef. 6-1-09

812-002-0430

Large Commercial Structure

"Large commercial structure" has the meaning given that phrase in ORS 701.005.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-002-0440

Last-Known Address of Record

(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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.117
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 1-1999, f. 3-29-99, cert. ef. 4-1-99; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.046
Hist.: CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; 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 3-2012, f. & cert. ef. 3-2-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 3-2005, f. & cert. ef. 8-24-05

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.068 & 701.140
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.145
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2003, f. & cert. ef. 3-4-03; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

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).

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 571.005 & 701.005
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.010 & 701.145
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

812-002-0530

Office of Administrative Hearings

“Office of Administrative Hearings” means the Office of Administrative Hearings established under ORS 183.605.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.145 & 701.146
Hist.: CCB 7-2003, f. & cert. ef. 8-8-03; CCB 4-2004, f. 5-28-04, cert. ef. 6-1-04; CCB 8-2004, f. & cert. ef. 10-1-04; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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 business and who is an officer of that other business if that other business owns more than fifty percent of the particular business.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.091
Hist.: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2006, f. 5-25-06, cert. ef. 6-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005, 701.010, 701.046, 701.094, 701.098, 701.227
Hist.: CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 7-2006, f. & cert. ef. 6-23-2006; CCB 12-2006, f. 12-12-06, cert. ef. 1-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.010 & 701.225
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 6-2001, f. & cert. ef. 9-27-01; CCB 5-2002, f. 5-28-02, cert. ef. 6-1-02; CCB 10-2003(Temp), f. 9-29-03, cert. ef. 10-1-03 thru 3-27-04; CCB 11-2003, f. 12-5-03, cert. ef. 1-1-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 15-2006, f. 12-12-06, cert. ef. 1-1-07

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

(6) Other entity.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 87.005, 87.093, 445.080, 656.021, 656.029 & 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00

812-002-0620

Registrant

"Registrant" has the same meaning as licensee.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 3-2005, f. & cert. ef. 8-24-05

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063, 701.068 & 701.098(4)
Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.063 & 701.068
Hist.: CCB 7-2007, f. 12-13-07, cert. ef. 1-1-08; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 670.310, 701.056, 701.063, 701.068, 701.073, 701.088, 701.131 & 701.238
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 6-1998, f. 8-31-98, cert. ef. 9-1-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 4-2003, f. & cert. ef. 6-3-03; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; 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 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 1-2013, f. 4-30-13, cert. ef. 5-1-13; CCB 3-2014, f. & cert. ef. 4-30-14

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.131 - 701.180
Hist.: 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 2-2001, f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; 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 9-2008, f. 6-11-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 670.310, 701.133 & 701.235
Stats. Implemented: ORS 701.133
Hist.: CCB 5-2007, f. 6-28-07, cert. ef. 7-1-07; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

812-002-0675

Small Commercial Structure

“Small commercial structure” has the meaning given that term in ORS 701.005.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005, 701.021, 701.139, 701.145, 701.146, 701.150 & 701.153
Hist.: CCB 2-2001, f. & cert. ef. 4-6-01; CCB 8-2001, f. 12-12-01, cert. ef. 1-1-02; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 9-2008, f. 6-11-08, cert. ef. 7-1-08

812-002-0677

Specialty Contractor

“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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.005
Hist.: 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 87.058, 279C.460, 646.605 & 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 2-2011, f. 4-28-11, cert. ef. 5-1-11; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 279C.555 & 701
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.143
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2001, f. & cert. ef. 4-6-01; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 12-2010, f. 6-24-10, cert. ef. 7-1-10

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 ORS 671.510 through 671.710 or when performed by an employee of a water supplier as defined in ORS 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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 448.115, 448.279, 671.510-671.710, 701.005, 701.021 & 701.026
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 2-2005, f. 6-29-05, cert. ef. 7-1-05; 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 10-2011, f 9-29-11, cert. ef. 10-1-11

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.

(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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 634.116, 701.010, 701.021 & 701.026
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 7-2000, f. 6-29-00, cert. ef. 7-1-00; CCB 1-2001, f. & cert. ef. 4-6-01; 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 10-2011, f 9-29-11, cert. ef. 10-1-11

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.

Stat. Auth.: ORS 670.310 & 701.235
Stats. Implemented: ORS 701.133, 701.139, 701.140, 701.145, & 701.146
Hist.: CCB 4-1998, f. & cert. ef. 4-30-98; CCB 8-1998, f. 10-29-98, cert. ef. 11-1-98; CCB 6-2000(Temp), f. 5-22-00, cert. ef. 5-22-00 thru 11-17-00; CCB 9-2000, f. & cert. ef. 8-24-00; CCB 9-2004, f. & cert. ef. 12-10-04; CCB 7-2005, f. 12-7-05, cert. ef. 1-1-06; CCB 6-2012, f. 4-25-12, cert. ef. 5-1-12

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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