draft notice of public meeting - oregon.gov board... · mr. jessup reminded the board that the...

2018 2-28 agenda.docx

Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2228 Fax: (503) 373-2007 E-mail: [email protected] Web: www.oregon.gov/ccb

State of Oregon Honorable Kate Brown, Governor

NOTICE OF PUBLIC MEETING CCB Board Meeting

Wednesday, February 28, 2017 9:30 a.m. – 12:30 p.m.

201 High St SE, 1st Floor, Hearings Room, Salem, Oregon

Page Meeting Called to Order Approval of the Agenda……………………………………………………………….. ................ ACTION ITEM (pg 1) Approval of the Minutes (1/24/18 Board meeting)…………………. ...................................... ACTION ITEM (pg 2) Board Calendar:

Next Meeting: March 28, 2018 (Beardsley Building, 1st floor) .......................................................... (pg 5)

Public Comment

Agency Reports 1. Agency Update (Stan Jessup) ..................................................................................................... (pg 6)

2. Licensing (Laurie Hall)a. Licensing Section Report ................................................................................................... (pg 7) b. CCB Licensing Statistics as of 12/1/17, 1/1/18 and 2/1/18 ............................................... (pg 8) c. Licensing Program & Customer Service Unit Statistical Reports 2nd Quarter ................... (pg 15)

3. Business Services and Information Technology (Dana Zeimantz)a. Budget Report & IT Report............................................................................................. (pg 41)

4. Education (Cheryl Martinis)a. Pre-license Education Pilot Project ................................................................................... (pg 43) b. Top Ways Projects Go Wrong PowerPoint (time permitting) ............................................ (no attachment)

5. Enforcement (Stan Jessup)a. Enforcement Quarterly reports .......................................................................................... (pg 45)

Old Business 1. Rule Changes (Stan Jessup) ...................................................................................... ACTION ITEM (pg 48) 2. RMI Rule Changes (Laurie Hall) ................................................................................ ACTION ITEM (pg 80)

New Business 1. Enforcement Consent Agenda (Stan Jessup). ........................................................... ACTION ITEM (pg 89) 2. Pre-License EducationPilot Project (Rob Campbell, Director SBDC Clackamas) ................................................ 11:00 a.m (no attachment)

Adjournment

The Board may meet in executive session under authority of ORS 192.660 from time to time. The specific statutory basis for the executive session will be announced on the record prior to the commencement of the executive session. Executive sessions are closed to the public.

The Board may recess the public meeting, in order to deliberate privately, under authority of ORS 192.690(1). The public meeting will then reconvene for the purpose of decision-making.

The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting; call Leslie Culpepper (503) 934-2228 to make arrangements.

DRAFT 1/31/18

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http://www.oregon.gov/ccb

MINUTES OF THE JANUARY 24, 2018 CONSTRUCTION CONTRACTORS BOARD MEETING

The Construction Contractors Board (CCB) met on Wednesday, January 24, 2018, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon.

Attendees: Board members present: Board Chair Jim Kitchin, Kurt Bolser, Jim Patrick, Susan Steward, Eric Olson, Dylan Bochsler, Andrea Noble

Staff: Enforcement Manager Stan Jessup, Communications & Education Manager Cheryl Martinis, Board Secretary Leslie Culpepper, Enforcement Support Supervisor Sara Heinz, Assistant Attorney General Catriona McCracken, Mary Pence Senior Human Resource Analyst

Guests: Kimberly Wood, Patrick Heath, Adele O’Neal, Robert Newton

A. MEETING CALLED TO ORDER:

Chair Kitchin called the meeting to order at 9:32 a.m.

B. APPROVAL OF AGENDA AND ORDER OF BUSINESS:

Jim Kitchin amended the agenda, placing Robert Newton’s discussion immediately after theapproval of the agenda and minutes.

MOTION: Eric Olson moved to approve the amended agenda. Susan Steward seconded themotion. Motion to approve the agenda as amended carried unanimously.

C. APPROVAL OF MINUTES:

MOTION: Jim Patrick moved to accept the revised December 6, 2018 and December 21, 2018Board Meeting minutes. Dylan Bochsler seconded the motion. Motion carried unanimously.

D. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting is scheduledfor February 28, 2018 in the Hearings Room on the first floor at 201 High Street SE, Salem,Oregon.

E. NEW BUSINESS:

Recruitment ProcessRobert Newton, the Acting Deputy Administrator of Employee Services for the Department ofConsumer and Business Services, discussed the recruitment process for the new CCBAdministrator. Mr. Newton explained that he and Adele O’Neal will serve as consultantsthroughout the recruitment. Adele O’Neal will coordinate the recruitment efforts.Mr. Newton told the Board that the Administrator position has been evaluated and may bereclassified from a Principal Executive Manager (PEM) E position to a PEM F. This will alignthe position with similar positions in other state agencies.

DRAFT 2-6-18

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CCB Minutes Page 2 January 24, 2018

Chair Kitchin discussed the handouts that were given to the Board to explain more about the recruitment process. The Board discussed whether or not to pay to advertise for the position and decided against it.

The Board decided that Jim Kitchin and Dylan Bochsler will stay in touch with Adele O’Neal throughout the recruiting process. Chair Kitchin and Mr. Bochsler will send periodic updates to the Board and make recruiting-related decisions as needed.

The Board edited the description of duties as recommended by Jim Denno, the previous Administrator. Edits included an update to the description of the Administrator’s interactions with the Board and changes to the percentages of time allotted to each duty.

MOTION: Kurt Bolser moved to update the position description as discussed. Eric Olson seconded the motion. Motion carried unanimously.

The Board discussed the recruitment timeline. Reclassification of the position may affect the recruiting timeline, as the job cannot be posted until the reclassification is approved.

Mr. Newton will maintain a list of stakeholders who can be included in the recruiting process. This list will be updated throughout the recruiting process. Mr. Newton will send the Board contacts, Mr. Bochsler and Mr. Kitchin, information by the end of the week to keep the recruiting process moving.

MOTION: Jim Patrick moved for Mr. Newton to forward recommendations to Mr. Bochsler and Chair Kitchin, who will oversee the process and serve as Board contacts throughout the recruitment. Eric Olson seconded the motion. Motion carried unanimously.

The Board discussed the streaming video interview process. Mr. Newton explained that the application selection process will be “blind,” meaning the names will be redacted from the applications and a number will be assigned to each candidate during the pre-interview screening process.

Mr. Jessup reminded the Board that the reclassification would have a fiscal impact on the agency.

F. PUBLIC COMMENT:There was no public comment.

G. OLD BUSINESS:

Proposed rule changesMr. Jessup reviewed proposed rule changes with the Board. Changes would:

• Require that bonds be filed with the CCB within 60 days of the date the suretyexecutes (signs) the bond.

• Clarify the requirement for renewal, reactivation, reinstatement, reissuance andsuspended licenses. Contractors will be required to notify CCB if individualsassociated with the business have been convicted of certain crimes.

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CCB Minutes Page 3 January 24, 2018

• Eliminate the requirement for CCB to mail notice of an on-site meeting 14 days beforethe scheduled meeting date.

• Remove reference to specific dollar amounts as reduced penalties.• Make the lead-based paint licensing rules consistent with the rule governing certified

lead-based paint renovation contractors.• Clarify that certified home inspectors are not required to complete residential

contractor continuing education, but are required to complete home inspectorcontinuing education, as provided in OAR 812-008-0070(1)(c), 812-008-0072 and812-008-0074.

• Repeal the rules that apply to arbitrations, contested case proceedings or exceptionsfor DRS complaints filed before July 1, 2011.

• Repeal the rule that provides for newer Division 22 rules to apply only after aneffective date in 2016.

• Establish rules that allow a contractor to appoint a temporary RMI for no more than 14days as per SB 336, which took effect January 1, 2018.

AAG McCracken suggested edits to 812-003-0440 and 812-008-0030. She also discussed possible edits to the proposed changes to rule 812-004-1450. Some concern was raised that eliminating the 14 day requirement could create a problem with public perception. The Board discussed the possibility of reducing the 14 day requirement to a 3 day requirement. Mr. Jessup explained that a requirement of any specific amount of time could become a barrier to scheduling a mediation in the event of a last-minute cancellation. After some discussion, the Board eventually decided to keep the proposed changes as is.

MOTION: Eric Olson moved to approve the proposed rulemaking and to begin the public comment period for the rules discussed. Andrea Noble seconded the motion.

7 – Aye, unanimous.

MOTION: Kurt Bolser moved to approve the proposed rulemaking for 812-004-1450 as it is written in the board memo, with the 14 days removed from the rule language. Jim Patrick seconded the motion.

7 – Aye, unanimous.

H. NEW BUSINESS

Agency UpdateHB 4144 is moving forward in the legislature. This bill enables new contractors that have beenemployed in the industry for 8 years to become licensed without taking the pre-license trainingand without paying the licensing fee. Mr. Jessup anticipates there will be minimal fiscal impactto the agency in the bill’s current form.

I. ADJOURNED:The meeting adjourned at 10:56 a.m.

2018 1-24 mins.docx

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CCB Board Meeting Calendar, 2018 DATE NOTED ITEMS LOCATION

February 28, 2018 1st Floor Hearings Room

April 25, 2018 Election of Officers 1st Floor Hearings Room

June 27, 2018 New Officer Terms Begin 1st Floor Hearings Room

August 22, 2018 KPM Best Practices Survey Finalized 1st Floor Hearings Room

October 24, 2018 1st Floor Hearings Room

December 5, 2018 1st Floor Hearings Room

The following dates will be reserved for potential meetings in the event that urgent matters arise requiring immediate action by the Board. Board members and the public will be notified in advance when a meeting is going to occur, and whether it will be held in Salem or via teleconference.

• January 24, 2018• March 28, 2018• May 23, 2018• July 25, 2018• September 26, 2018

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Stan Jessup, Interim Administrator & Enforcement Program Manager Date: February 12, 2018 Subject: Agency Update

From the Compliance section, the Consent Agenda is included in this month’s board packet, as well as 2nd quarter reports for Field Investigations, Compliance and Dispute Resolution Services. Compliance and Field Investigations have been plagued with a number of staff ailments that have left the sections short-handed. At the high point we had 5 staff all out at the same time for over a month. The sections are finally starting to get staff back and by the end of March I believe we will be back to nearly full staff for the spring season. One of our DRS staff promoted to the position of Compliance Officer which led to recruiting for her old position. There have been two recruitments that did not produce a top quality candidate and a third recruitment is underway now. I point out the failed recruitments because we are dedicated to finding the best people to work at CCB. I would rather invest the time in finding the right person than settle for less than we expect and end up hurting the agency and staff in the long run. On the legislative front, the Governor has a legislative concept (LC) that has become a bill known as HB4144. I have been working with DAS and the Governor’s staff since the inception of the LC to make sure the bill has a minimal impact on the agency. The bill allows certain individuals with 8 years of verified experience to obtain a first license without pre-license training and with no license fee. There are other implications in the bill but they don’t pertain to CCB, such as potential grant funding from Business Oregon for a new start-up business, BCD fees waived for certain other trades, etc.. Because this bill will also require supporting administrative rules to take effect before the next rule making session in June would be adopted, it is very likely that temporary rules may need to be enacted until permanent rules can be adopted through the normal process.

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Memorandum

To: Construction Contractors Board From: Laurie Hall, Licensing Manager Date: February 6, 2018 Subject: Licensing Section Report

Quarterly Report – October 1-2017-December 31, 2017

The number of contractor licensees continues to increase each month. As of December 31, 2017, we had 1,669 more licensees than we did on December 31, 2016. Temporary RMI Implementation Rules related to the new temporary RMI law went into effect on January 1, 2018. The form to request this action is now on the CCB website. Home Energy Assessor Certifications As a result of the new law in the City of Portland, there are now 142 individuals who have become Home Energy Assessors. These individuals must be associated with a CCB license in order to perform this function.

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CCB LICENSING STATISTICS AS OF 12/1/17

LICENSES/ENDORSEMENTS

ENDORSEMENT TYPE NUMBER Residential General 21,585 Residential Specialty 8,613 Residential Limited 1,647 Residential Developer 205 Residential Locksmith Services 701 Residential Home Inspector Services 255 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 15 Inactive 975 TOTAL RESIDENTIAL LICENSEES 33,391

Commercial General Level 1 1,566 Commercial General Level 2 4,605 Commercial Specialty Level 1 768 Commercial Specialty Level 2 2,512 Commercial Developer 66 Inactive 216 TOTAL COMMERCIAL LICENSEES 9,733

TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

38,373

HISTORICAL STATISTICS: Highest # of contractors – 46,426 on 12/31/07 Lowest # of contractors – 34,428 on 12/31/13

LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,788 Lead Base Paint Activities (LBPA) 118

CERTIFICATIONS Home Inspectors 636 Locksmiths 486 EEAST 24 Home Energy Assessors 83

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ENDORSEMENT TYPE NUMBER Residential General 21,659 Residential Specialty 8,604 Residential Limited 1,626 Residential Developer 205 Residential Locksmith Services 72 Residential Home Inspector Services 255 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 23 Inactive 971 TOTAL RESIDENTIAL LICENSEES 33,441 Commercial General Level 1 1,580 Commercial General Level 2 4,620 Commercial Specialty Level 1 772 Commercial Specialty Level 2 2,505 Commercial Developer 66 Inactive 224 TOTAL COMMERCIAL LICENSEES 9,737 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

38,419


LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,811 Lead Base Paint Activities (LBPA) 116 CERTIFICATIONS Home Inspectors 649 Locksmiths 487 EEAST 23 Home Energy Assessors 111

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ENDORSEMENT TYPE NUMBER Residential General 21,804 Residential Specialty 8,630 Residential Limited 1,628 Residential Developer 206 Residential Locksmith Services 73 Residential Home Inspector Services 259 Residential Home Services Contractors 26 Residential Home Energy Performance Score Contractors 27 Inactive 989 TOTAL RESIDENTIAL LICENSEES 33,642 Commercial General Level 1 1,586 Commercial General Level 2 4,625 Commercial Specialty Level 1 774 Commercial Specialty Level 2 2,517 Commercial Developer 68 Inactive 227 TOTAL COMMERCIAL LICENSEES 9,797 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)

38,617


LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 4,886 Lead Base Paint Activities (LBPA) 113 CERTIFICATIONS Home Inspectors 664 Locksmiths 496 EEAST 23 Home Energy Assessors 142

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CONSTRUCTION CONTRACTORS BOARDNUMBER OF TOTAL ACTIVE AND INACTIVE

RESIDENTIAL AND COMMERCIAL ENDORSEMENTS

Prepared by Leslie Culpepper 2/1/2018

Month Ending

Resid General

Resid Specialty

Resid Limited

Resid Developer

Resid Locksmith

Svcs

Home Energy Perfrm.

Score Contr.

Home Inspec Svcs Contr

Home Svcs Contr Inactive

Total Resid

Comm Gen Level 1

Comm Gen Level 2

Comm Specialty 1

Comm Specialty 2

Comm Developer Inactive

Total Comm

01/31/15 17,982 8,606 1,975 141 15 0 45 8 1,163 29,935 1,406 4,100 698 2,416 59 271 8,95002/28/15 18,025 8,573 1,969 145 19 0 56 9 1,175 29,971 1,401 4,091 702 2,426 63 271 8,95403/31/15 18,210 8,585 1,961 149 22 0 62 11 1,144 30,144 1,400 4,115 698 2,434 64 263 8,97404/30/15 18,246 8,625 1,955 152 26 1 69 13 1,146 30,233 1,405 4,137 703 2,438 62 263 9,00805/31/15 18,300 8,564 1,930 153 27 2 75 13 1,144 30,208 1,404 4,110 703 2,431 57 261 8,96606/30/15 18,428 8,610 1,945 152 28 3 87 13 1,110 30,376 1,407 4,126 710 2,448 56 261 9,00807/31/15 18,522 8,604 1,935 162 29 2 91 15 1,090 30,450 1,412 4,155 701 2,440 55 259 9,02208/31/15 18,583 8,585 1,917 157 30 2 94 15 1,083 30,466 1,415 4,163 700 2,445 59 252 9,03409/30/15 18,683 8,585 1,901 162 30 2 98 15 1,061 30,537 1,422 4,167 700 2,455 60 248 9,05210/31/15 18,759 8,589 1,874 166 35 2 108 17 1,057 30,607 1,433 4,191 696 2,470 62 249 9,10111/30/15 18,841 8,589 1,860 165 37 2 114 17 1,062 30,687 1,429 4,187 706 2,466 62 253 9,10312/31/15 18,921 8,595 1,856 165 39 4 118 16 1,051 30,765 1,435 4,212 717 2,451 64 253 9,13201/31/16 18,919 8,589 1,838 169 41 4 120 18 1,046 30,744 1,426 4,179 711 2,456 62 255 9,08902/29/16 19,064 8,581 1,832 172 41 4 124 18 1,031 30,867 1,428 4,224 711 2,447 63 253 9,12603/31/16 19,206 8,592 1,836 173 41 4 134 18 1,041 31,045 1,422 4,258 714 2,446 62 260 9,16204/30/16 19,300 8,610 1,820 178 47 5 140 18 1,025 31,143 1,431 4,271 722 2,449 62 256 9,19105/31/16 19,410 8,599 1,803 177 46 5 145 20 1,024 31,229 1,446 4,293 723 2,440 63 247 9,21206/30/16 19,530 8,618 1,787 180 49 5 148 21 1,009 31,347 1,442 4,322 726 2,437 64 242 9,23307/31/16 19,617 8,595 1,775 177 48 6 155 22 1,000 31,395 1,451 4,313 728 2,434 64 239 9,22908/31/16 19,723 8,604 1,766 185 52 6 158 23 1,002 31,519 1,473 4,343 736 2,444 61 233 9,29009/30/16 19,915 8,619 1,761 188 52 6 168 23 996 31,728 1,486 4,376 742 2,462 60 234 9,36010/31/16 19,960 8,602 1,747 187 51 7 176 23 998 31,751 1,478 4,383 741 2,453 60 235 9,35011/31/16 20,089 8,600 1,743 188 53 7 188 25 997 31,890 1,481 4,388 739 2,459 61 231 9,35912/31/16 20,110 8,571 1,725 187 56 7 193 23 997 31,869 1,484 4,402 747 2,459 62 228 9,38201/31/17 20,183 8,540 1,720 185 58 8 196 24 1,007 31,921 1,493 4,386 740 2,451 62 230 9,36202/28/17 20,253 8,556 1,707 188 59 8 201 24 1,019 32,015 1,518 4,403 739 2,448 62 225 9,39503/31/17 20,455 8,574 1,687 194 61 9 209 25 1,013 32,227 1,524 4,433 738 2,475 62 229 9,46104/30/17 20,633 8,571 1,692 200 67 8 216 24 992 32,403 1,520 4,459 736 2,470 63 222 9,47005/31/17 20,843 8,606 1,688 200 68 9 223 24 975 32,636 1,539 4,485 742 2,470 63 221 9,5206/31/17 21,010 8,598 1,678 202 70 9 231 25 966 32,789 1,543 4,519 745 2,474 64 217 9,56207/31/17 21,149 8,596 1,665 200 72 9 239 26 954 32,910 1,543 4,540 754 2,487 64 220 9,60808/31/17 21,242 8,627 1,664 204 70 9 244 27 957 33,044 1,559 4,571 758 2,507 64 214 9,67309/30/17 21,348 8,607 1,655 203 68 10 251 27 959 33,128 1,561 4,588 767 2,507 64 219 9,70610/31/17 21,503 8,604 1,641 199 68 13 253 26 977 33,284 1,563 4,601 767 2,515 65 215 9,72611/30/17 21,585 8,613 1,647 205 70 15 255 26 975 33,391 1,566 4,605 768 2,512 66 216 9,73312/30/17 21,659 8,604 1,626 205 72 23 255 26 971 33,441 1,580 4,620 772 2,505 66 224 9,76701/30/18 21,804 8,630 1,628 206 73 27 259 26 989 33,642 1,586 4,625 774 2,517 68 227 9,797

CommericalResidential

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NUMBER OF NEW LICENSES RECEIVED PER MONTH ANDTOTAL NUMBER OF LICENSES

2/1/2018; Prepared by Leslie Culpepper

Month/ Year

New License

Total

Active + Inactive License

TotalNo.

ExpiredOct-13 225 34,578 265Nov-13 170 34,534 270Dec-13 176 34,428 210Jan-14 250 34,466 268Feb-14 237 34,459 272Mar-14 324 34,511 369Apr-14 324 34,554 340May-14 282 34,538 338Jun-14 304 34,591 330Jul-14 273 34,657 254Aug-14 230 34,652 233Sep-14 251 34,705 223Oct-14 246 34,806 223Nov-14 205 34,787 208Dec-14 235 34,859 211Jan-15 274 34,817 301Feb-15 284 34,832 322Mar-15 386 34,916 391 # Months New Apps Received Average/MonthApr-15 407 35,109 420 a. July 2005 - June 30, 2007 24 11,351 473May-15 301 35,067 491 b. July 2007 - June 30, 2009 24 9,057 377Jun-15 326 35,236 442 c. July 2009 - June 30, 2011 24 6,456 269Jul-15 290 35,315 410 d. July 2011 - June 30, 2013 24 5,562 232Aug-15 277 35,320 429 e. July 2013 - June 30, 2015 24 6,401 267Sep-15 274 35,398 375 f. July 2015 - June 30, 2017 24 8,158 340Oct-15 317 35,467 399 g. July 2017 - January 30, 2018 7 2,490 356Nov-15 242 35,545 301Dec-15 267 35,626 299Jan-16 252 35,563 406 Feb-16 333 35,707 360Mar-16 401 35,889 480Apr-16 380 35,994 463May-16 340 36,089 417Jun-16 356 36,202 456Jul-16 322 36,234 410Aug-16 333 36,384 401Sep-16 359 36,614 333Oct-16 332 36,629 389Nov-16 309 36,761 290Dec-16 258 36,750 354Jan-17 279 36,784 380Feb-17 370 36,894 436Mar-17 528 37,152 489Apr-17 406 37,308 453May-17 470 37,562 383Jun-17 463 37,733 422Jul-17 394 37,858 402Aug-17 406 38,024 354Sep-17 345 38,114 374Oct-17 388 38,275 356Nov-17 251 38,373 293Dec-17 325 38,419 338Jan-18 381 38,617 343

100

200

300

400

500

600

700

No.

of C

ontr

acto

rs

New Licenses Received

New Licenses Budget Assumption

Budget Projection Information

a. 2005-07 budget based on 350 licenses/month b. 2007-09 budget based on 385 licenses/month c. 2009-11 budget based on 325 licenses/month d. 2011-13 budget based on 270 licenses/month e. 2013-15 budget based on 270 licenses/month f. 2015-17 budget based on 245 licenses/month g. 2017-19 budget based on 350 licenses/month

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34,000

35,000

36,000

37,000

38,000

39,000

40,000

41,000

42,000

43,000

44,000

45,000

46,000

47,000

48,000

ACtiv

e an

d Inactiv

e Licenses

Construction Contractors BoardActive + Inactive Licenses Total

Aug. 2006 - Jan. 2018

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RATE OF RENEWALSLicenses Due to Expire vs Renewals Received

During Month, Regardless of Due Date

MONTH/YEAR

LICENSESDUE TOEXPIRE

LICENSESRENEWALS RECEIVED

RATE OF RENEWAL

Jan-14 1,622 1,205 74.3%Feb-14 1,545 1,148 74.3%Mar-14 1,902 1,387 72.9% No. of Months Average Renewal RateApr-14 1,858 1,577 84.9% a. July 2005 - June 2007 24 81.7%May-14 1,832 1,466 80.0% b. July 2007 - June 2009 24 77.1%Jun-14 1,882 1,414 75.1% c. July 2009 - June 2011 24 75.5%Jul-14 1,514 1,251 82.6% d. July 2011 - June 2013 24 73.9%Aug-14 1,386 1,071 77.3% e. July 2013 - June 2015 24 77.8%Sep-14 1,258 1,093 86.9% f. July 2015 - June 2017 24 83.4%Oct-14 1,328 1,113 83.8% g. July 2017 - Jan 2018 7 83.3%Nov-14 1,164 918 78.9%Dec-14 1,183 1,085 91.7%Jan-15 1,454 1,311 90.2%Feb-15 1,613 1,290 80.0%Mar-15 1,906 1,565 82.1%Apr-15 1,752 1,392 79.5%May-15 1,679 1,273 75.8%Jun-15 1,676 1,252 74.7%Jul-15 1,491 1,223 82.0%Aug-15 1,462 1,099 75.2%Sep-15 1,290 1,117 86.6%Oct-15 1,374 1,070 77.9%Nov-15 1,098 936 85.2%Dec-15 1,190 1,192 100.2%Jan-16 1,607 1,309 81.5%Feb-16 1,516 1,309 86.3%Mar-16 1,882 1,519 80.7%Apr-16 1,855 1,495 80.6%May-16 1,796 1,487 82.8%Jun-16 1,878 1,451 77.3%Jul-16 1,542 1,111 72.0%Aug-16 1,423 1,292 90.8%Sep-16 1,309 1,155 88.2%Oct-16 1,379 1,149 83.3%Nov-16 1,186 984 83.0%Dec-16 1,230 1,115 90.7%Jan-17 1,464 1,385 94.6%Feb-17 1,651 1,330 80.6%Mar-17 1,986 1,784 89.8%Apr-17 1,923 1,452 75.5%May-17 1,688 1,479 87.6%Jun-17 1,757 1,389 79.1%Jul-17 1,530 1,227 80.2%Aug-17 1,500 1,193 79.5%Sep-17 1,337 1,187 88.8%Oct-17 1,455 1,234 84.8%Nov-17 1,184 1,073 90.6%Dec-17 1,281 1,128 88.1%Jan-18 1,621 1,617 99.8%

Average Renewal Rate History

55%

60%

65%

70%

75%

80%

85%

90%

95%

100%

105%

110%

Jul-1

4Au

g-14

Sep-

14Oc

t-14

Nov-

14De

c-14

Jan-

15Fe

b-15

Mar-1

5Ap

r-15

May-1

5Ju

n-15

Jul-1

5Au

g-15

Sep-

15Oc

t-15

Nov-

15De

c-15

Jan-

16Fe

b-16

Mar-1

6Ap

r-16

May-1

6Ju

n-16

Jul-1

6Au

g-16

Sep-

16Oc

t-16

Nov-

16De

c-16

Jan-

17Fe

b-17

Mar-1

7Ap

r-17

May-1

7Ju

n-17

Jul-1

7Au

g-17

Sep-

17Oc

t-17

Nov-

17De

c-17

Jan-

18

Rat

e o

f Ren

ewal

Renewals Received

Series1 Series2

Projected Budget Information

a. 2001-03 budget based on average 70% renewal rateb. 2003-05 budget based on average 75% renewal ratec. 2005-07 budget based on 80% renewal rated. 2007-09 budget based on 80% renewal ratee. 2009-11 budget based on 75% renewal ratef. 2011-13 budget based on 75% renewal rateg. 2013-15 budget based on 76% renewal rateh. 2015-17 budget based on 81% renewal ratei. 2017-19 budget based on 83% renewal rate

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Memorandum To: Construction Contractors Board From: Dana Zeimantz, Business Services Manager Date: January 31, 2018 Subject: Budget and IT Report

• Currently structuring accounts receivable reporting to satisfy Executive Order 17-09 and SB 1067 regarding centralization of accounts receivable for the state of Oregon.

• Working on collaborating with OSU regarding IT development project.• Completion of business analysis.• Initiating 2019-2021 budget preparation.• Coordinating with DCBS, BCD and OSCIO project managers on finalizing the contract for MyLicense.• Established position description and finance plan for a new IT Manager position- waiting for DAS

budget approval in order to start recruitment.• Finalized contract to replace the agency’s leased copier/fax machines.• Represent CCB at Enterprise Security, Statewide Budget Directors and Accounts Receivable meetings.• Business services and IT employees participated and completed the mandatory Pay Equity Project

survey.• Submitted upward re-class of Accounting Tech 3 to a Fiscal Analyst 1.• Submitted position description to be classified for vacancy in BS.• Continue to streamline electronic deposits and develop procedure utilizing industry best practices.

2017-19 Budget Update

November Revenue & Expense Breakdown:

Actual Revenue: $474,373 Actual Expenses: $480,794 Budgeted Revenue: $379,039 Budgeted Expenses: $803,108 Variance: $ 95,334 Variance: ($322,314)

December Revenue & Expense Breakdown:

Actual Revenue: $410,543 Actual Expenses: $495,136 Budgeted Revenue: $437,289 Budgeted Expenses: $645,064 Variance: ($26,746) Variance: ($149,928)

Biennium Summary:

The total agency budget for 2017-19 is $15,859,876. We are currently 4 months into the budget cycle. The current budget breakdown to date is:

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Actual Revenue: $2,796,197 Actual Expenses: $3,173,337 Budgeted Revenue: $2,530,486 Budgeted Expenses: $4,044,676 Variance: $ 265,711 Variance: ($871,339)

Current Status:

Actual Revenue: $2,796,197 Actual Expense: $3,173,337 Net Actual: ($377,140)

The agency finished this period with approximately 9 months of operating cash.

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CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621503-373-2007 FAX

Memorandum

To: Construction Contractors Board From: Cheryl Martinis, Communications & Education Manager Date: Jan. 15, 2018 Subject: Pre-license Education Pilot Project

Background: Applicants for a CCB license must complete a16-hour training from approved education providers and pass a three-hour open-book exam that covers business law and management and regulatory issues. A professional testing company administers the exam. The vast majority of potential contractors take the training online and self-study.

The existing system screens out potential contractors who fail the written test even though they may be capable contractors. This includes people for whom English is a second language. While approximately 88 percent of those who take the test in English pass, the reverse is true of those who take the test in Spanish. A minority pass. This is presumed to result from lack of strong language development in any language compounded by the technical nature of the regulatory manual that is the basis for the test. Some ultimately pass the test after multiple attempts; others work illegally without a license.

Proposal: The Construction Contractors Board proposes a three-year pilot project to offer an alternative form of pre-license training and testing with the aim of producing new contractors better equipped to run their own businesses and to specifically improve licensure and regulatory understanding among limited English-speaking applicants. Specific goals:

Serve Latinos who aspire to be contractors and need more individualized help in learning technical material. Connect new contractors with educators who can provide ongoing support as they start and grow their businesses. Increase the number of contractors working legally and carrying insurance and bonds that protect consumers.

Details: The CCB is completing an Interagency Agreement with the Clackamas Community College Small Business Development Center (SBDC) to offer an alternative path to licensure while more fully explaining key concepts of owning a contracting business.

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This alternate path to licensure would cover all topics specified in rule and testing required by ORS. 701.122. However, it would be delivered as a traditional college class in a classroom (or virtual classroom) setting. The SBDC staff members are building a program that takes into account best practices for adult learners and that reinforces learning with frequent quizzes.

Students who pass the course would be eligible to apply for a CCB license with proof of course passage. Applicants must apply for the license within two years of the course completion date.

Conclusion: The CCB anticipates that the vast majority of contractor applicants will continue to choose online pre-licensure courses that they can take from their computer at any hour of the day. These contractors are comfortable with a self-study approach and with test taking. The pilot will allow us to develop a much-needed alternative for a minority who best learn in a classroom with professional guidance and the opportunity to ask questions. If successful, this will remove a barrier to entry in the industry and expose future business owners to resources that can help them succeed.

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Construction Contractors Board

Dispute Resolution Services

2nd Quarter - 2017-2019 Biennium

October 1, 2017 - December 31, 2017

First QuarterSecond

Quarter

Third

Quarter

Fourth

Quarter

2017 - 18 Fiscal

YearFifth Quarter Sixth Quarter

Seventh

QuarterEighth Quarter

2018 - 19 Fiscal

Year

2017 - 19

Biennium

Jul 1, 2017 -

Sep 30, 2017

Oct 1, 2017 -

Dec 31, 2017

Jan 1, 2018 -

Mar 31, 2018

Apr 1, 2018 -

Jun 30, 2018

Jul 1, 2017 - Jun

30, 2018

Jul 1, 2018 -

Sep 30, 2018

Oct 1, 2018 -

Dec 31, 2018

Jan 1, 2019 -

Mar 31, 2019

Apr 1, 2019 -

Jun 30, 2019

Jul 1, 2018 - Jun

30, 2019

Jul 1, 2017 - Jun

30, 2019

Complaints Filed 338 380 0 0 718 0 0 0 0 0 718

Complaints Closed 400 366 0 0 766 0 0 0 0 0 766

Mediations Held Where Both Parties

Participated189 206 0 0 395 0 0 0 0 0 395

Mediations Attempted but One Party

Failed to Participate51 50 0 0 101 0 0 0 0 0 101

Settlements Reached at Mediation 128 135 0 0 263 0 0 0 0 0 263

Determination Amount $1,173,093 $854,080 $0 $0 $2,027,173 $0 $0 $0 $0 $0 $2,027,173

Determination Amounts Paid $494,251 $350,421 $0 $0 $844,672 $0 $0 $0 $0 $0 $844,672

Dispute Resolution Services provides a process designed to resolve construction disputes. It is available to persons or businesses alleging that contractors have breached a contract, performed improper work, or failed to pay for work performed or materials supplied. This service involves a mediation service to try to keep disputes out of the court system. If the dispute must be resolved by a court and the consumer who filed the complaint receives a court judgment but the contractor fails to pay the judgment, then the consumer has access to the contractor's bond for payment. Owners of construction companies are prevented from starting new construction businesses until all amounts awarded in the judgments are paid in full. When both parties participate in the mediation process, over 70% of those mediations result in a settlement agreement.

DRS Quarterly Report - 2nd Quarter 2017-2019

February 1, 201845 of 113

Construction Contractors Board

Compliance Section

2nd Quarter - 2017-2019 Biennium

October 1, 2017 - December 31, 2017

First QuarterSecond

Quarter

Third

Quarter

Fourth

Quarter

2017 - 18

Fiscal YearFifth Quarter

Sixth

Quarter

Seventh

Quarter

Eighth

Quarter

2018 - 19

Fiscal Year

2017 - 19

Biennium

Jul 1, 201 -

Sep 30, 2017

Oct 1, 2017 -

Dec 31, 2017

Jan 1, 2018 -

Mar 31, 2018

Apr 1, 2018 -

Jun 30, 2018

Jul 1, 2017 -

Jun 30, 2018

Jul 1, 2018 -

Sep 30, 2018

Oct 1, 2018 -

Dec 31, 2018

Jan 1, 2019 -

Mar 31, 2019

Apr 1, 2019 -

Jun 30, 2019

Jul 1, 2018 -

Jun 30, 2019

Jul 1, 2017 -

Jun 30, 2019

Complaints 798 795 0 0 1593 0 0 0 0 0 1593

Violations 517 570 0 0 1087 0 0 0 0 0 1087

Civil Penalties 296 294 0 0 590 0 0 0 0 0 590

Files Opened 802 795 0 0 1597 0 0 0 0 0 1597

Files Closed 782 785 0 0 1567 0 0 0 0 0 1567

The Compliance section is charged with evaluating evidence to substantiate violations of ORS 701 and OAR 812. Violation tips and complaints come from the Field Investigation Section (FIS), Dispute Resolution Services (DRS), on-line tips, phone tips as well as from local jurisdictions. The Compliance staff verifies a violation and determines whether an administrative warning or civil penalty is warranted. When warranted Compliance staff has the ability to enter into settlement agreements on behalf of the agency which is usually for a first time offenses. Respondents have a choice of entering into a settlement agreement which is conditional or opting to have an administrative hearing where the Compliance staff would represent the agency as a lay representative.

Enforcement Quarterly Report - 2nd Quarter 2017-2019

February 1, 201846 of 113

First QuarterSecond Quarter

Third QuarterFourth

Quarter2017 - 18

Fiscal YearFifth Quarter Sixth Quarter

Seventh Quarter

Eighth Quarter

2018 - 19 Fiscal Year

2017 - 19 Biennium

Jul 1, 2017 - Sep 30 2017

Oct 1, 2017 - Dec 31, 2017

Jan 1, 2018 - Mar 31, 2018

Apr 1, 2018 - Jun 30, 2018

Jul 1, 2017 - Jun 30, 2018

Jul 1, 2018 - Sep 30, 2018

Oct 1, 2018 - Dec 31, 2018

Jan 1, 2019 - Mar 31, 2019

Apr 1, 2019 - Jun 30, 2019

Jul 1, 2018 - Jun 30, 2019

Jul 1, 2017 - Jun 30, 2019

Complaints-Telephone or In Person 117 72 189 0 189

Complaints-Online 311 283 594 0 594

Complaints-Referrals 12 2 14 0 14

Jobsite Checks Conducted 1,894 1,783 3,677 0 3,677

Field Incident Reports Created 276 185 461 0 461

Knowing that unlicensed and illegal construction activity is bad for consumers and legitimate contractors, the CCB established the Field Investigation Section in 2007, to provide statewide coverage and immediate response to complaints of unlawful activity in the

construction industry. The staff includes 10 Investigators, each assigned to their own district in the state, where they are positioned to respond to complaints of illegal construction activity and conduct random checks of local construction sites. Sweeps are executed to

find those involved in unlawful construction activity. The Field Investigation Section also participates in joint investigations with other state, county, and city agencies, some of which lead to the filing of injunctions or criminal charges.

Construction Contractors Board Field Investigation Section

Quarterly Report for the 2017-2019 Biennium

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Memorandum

To: Construction Contractors Board From: Laurie Hall, Manager, Licensing Section

Stan Jessup, Manager, DRS/Enforcement Sections Date: February 2, 2018 Subject: Rule Changes

The following rule changes were approved by the board at the meeting in January. See the attached Rule Language and Hearings Officer Report. The effective date for these rules is April 1, 2018.

I. ADOPT RULE TO CORRESPOND TO BOND FORMS

ISSUE: The Construction Contractors Board (CCB) created bond forms for residential bonds, commercial bonds and construction flagger bonds. Each bond form contains a requirement that the bond be filed with CCB within 60 days of the date the bond is signed by the surety. Contractors often ask for the source of this requirement. There are no specific rules addressing this requirement.

SOLUTION: Amend rules to specifically require that bonds be filed with the CCB within 60 days of the date the surety executes (signs) the bond.

ACTION: Amend OAR 812-003-0152, 812-003-0153, 812-003-0154.

(Draft Rule Language: Pages 52-53)

II. NOTIFYING CCB OF CRIMINAL CONVICTIONS

ISSUE: Upon application for a new, renewed, reactivated, reinstated or reissued license, a person must notify CCB if individuals assocated with the business have been convicted of certain crimes. This requirement is contained in ORS 701.046(1)(k)(E), 701.056 and 701.098(1)(i). Additionally, CCB requires – by rule – that licensees notify the agency within 30 days if they are convicted of one of the listed crimes. Licensees do not always understand that the requirement applies when their license has been suspended (but is still an active license) or when they seek reissuance of a lapsed license.

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Construction Contractors Board February 28, 2018 Page 2 of 4

SOLUTION: Amend rule to clarify the requirement, including for renewal, reactivation, reinstatement, reissuance and suspended licenses.

ACTION: Amend OAR 812-003-0440.

(Draft Rule Language: Page 53)

III. SCHEDULING MEETINGS FOR DISPUTE RESOLUTION

ISSUE: In past years, CCB scheduled most dispute resolution meetings by mailing notices. Now, the agency uses other forms of communication – notably email – to schedule meetings. There is no longer a need for a 14 day lapse between scheduling and conducting the meeting since the notice arrives immediately by email.

SOLUTION: Amend rule to eliminate requirement for CCB to mail notice of an on-site meeting 14 days before the scheduled meeting date.



IV. ELIMINATE DOLLAR AMOUNT OF REDUCED PENALTIES

ISSUE: CCB’s penalty schedule contains provisions where designated reduced penalties are listed for certain violations. This creates expectations that the penalty amounts will always be reduced to the lower listed amounts, even in cases where such a reduction is not appropriate.

SOLUTION: Amend rule to remove reference to specific dollar amounts as reduced penalties.



V. MODIFY GROUNDS FOR DENIAL, SUSPENSION, REVOCATION OF LEAD-BASED PAINT ACTIVITIES CONTRACTOR

ISSUE: The current rule outlines several basis for denying, suspending or revoking the license of a lead-based paint activities contractor. (These include inspection and abatement contractors.) The rule differs significantly from the rule that outlines the basis for denying, suspending or revoking the license of a certified lead-based paint renovation contractor. The CCB thinks it less confusing if the two rules are similar.

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Construction Contractors Board February 28, 2018 Page 3 of 4 SOLUTION: Amend the rule to make it consistent with the rule governing certified lead-based paint renovation contractors. ACTION: Amend OAR 812-007-0250 (Draft Rule Language: Page 59) VI. CLARIFY THAT HOME INSPECTORS ARE EXEMPT FROM RESIDENTIAL

CONTINUING EDUCATION ISSUE: Under Oregon law, certified home inspectors are not required to complete residential continuing education. ORS 701.455(2). However, they are required to complete continuing education for home inspectors. ORS 701.445(4). Some home inspectors are confused about this requirement. SOLUTION: Amend rule to clarify that certified home inspectors are not required to complete residential contractor continuing education, but are required to complete home inspector continuing education, as provided in OAR 812-008-0070(1)(c), 812-008-0072 and 812-008-0074. ACTION: Amend OAR 812-008-0030. (Draft Rule Language: Pages 59-60) VII. ELIMINATE RULES THAT APPLY TO COMPLAINTS THAT CCB-DRS NO

LONGER PROCESSES ISSUE: The CCB no longer processes Dispute Resolution Service (DRS) complaints that were filed before July 1, 2011. Enough time has passed that those complaints have worked through the system. On July 1, 2017, the board passed rules that removed the complaint filing/processing requirements for these complaints. However, the agency recently noticed that there were additional rules – dealing with arbitration/contested cases and exceptions – that still apply to these “old” complaints. SOLUTION: Repeal the rules that apply to arbitrations, contested case proceedings or exceptions for DRS complaints filed before July 1, 2011. ACTION: Amend OAR 812-009-0050. Repeal OAR 812-009-0020, 812-009-0070, 812-009-0085, 812-009-0090, 812-009-0100, 812-009-0120, 812-009-0140, 812-009-0160, 812-009-0185, 812-009-0200, 812-009-0220, 812-009-0400, 812-009-0430. 812-010-0020, 812-010-0030, 812-010-0040, 812-010-0050, 812-010-0060, 812-010-0080, 812-010-0085, 812-010-0090, 812-010-0100, 812-010-0110, 812-010-0120, 812-010-0140, 812-010-0160, 812-010-0180, 812-010-0200, 812-010-0220, 812-010-0260, 812-010-0280, 812-010-0290, 812-010-0300, 812-010-0320, 812-010-0340, 812-010-0360,

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812-010-0380, 812-010-0400, 812-010-0420, 812-010-0425, 812-010-0430, 812-010-0460, 812-010-0470, 812-010-0480, 812-010-0500, 812-010-0510, 812-010-0520.

(Draft rule language: Pages 60-79)

VIII. ELIMINATE RULE THAT APPLIES TO CONTINUING EDUCATIONPREVIOUSLY REPEALED

ISSUE: At one time, CCB administered two sets of rules for continuing education. That is no longer the case. CCB repealed the Division 21 rules relating to the “old” continuing education.

SOLUTION: Repeal the rule that provides for newer Division 22 rules to apply only after an effective date in 2016. That time has now passed.

ACTION: Repeal OAR 812-022-0010.

(Draft rule language: Page 79)

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Proposed Rule Changes Draft 12-13-17 Page 1 of 28

Proposed Rule Explanation

812-003-0152 Residential Bonds Generally

(1) A properly executed residential bond must: (a) Be signed by an authorized agent of the surety or by one having

power of attorney; must bear a bond number; and must be filed within the time stated on the bond.

(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Residential Surety Bond” dated November 1, 2007.

(c) Be filed with the Construction Contractors Board within sixty (60) days from the date the bond is executed by the surety.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 or 701.088 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A residential bond is available only for payments determined by the agency involving residential or small commercial structures or for the development of property zoned or intended for use compatible with residential or small commercial structures.

Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.068 and 701.081 (2/08, 6/08, 12/13 eff. 1/1/14)

Adds a requirement that a contractor’s bond must be filed with CCB within 60 days from the date the bond is executed by the surety. Currently, the requirement is listed on the bond form but the rule does not correspond.

812-003-0153 Commercial Bonds Generally

(1) A properly executed commercial bond must: (a) Be signed by an authorized agent of the surety or by one having


(b) Be in the form adopted by the Construction Contractors Board as the “Construction Contractors Board Commercial Surety Bond” dated November 1, 2007.

(c) Be filed with the Construction Contractors Board within sixty (60) days from the date the bond is executed by the surety.

(2) If a complaint is filed against a licensee for work done during the work period of a contract entered while the security required under ORS 701.068 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a surety company or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A commercial bond is available only for payments determined by the agency involving small or large commercial structures or for the development of property zoned or intended for use compatible with large or small commercial structures.


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Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.068 and 701.084 (2/08, 6/08, 12/13 eff. 1/1/14)

812-003-0154Construction Flagger Bonds

(1) A properly executed construction flagger bond must:(a) Be signed by an authorized agent of the surety or by one having


(b) Be in the form adopted by the Construction Contractors Board as the“Construction Contractors Board Commercial Surety Bond” dated July 1, 2017.

(c) Be filed with the Construction Contractors Board within sixty(60) days from the date the bond is executed by the surety.

(2) If a complaint is filed against a licensee for work done during thework period of a contract entered while the security required under ORS 701.068 and 701.470 is in effect, the security must be held until final disposition of the complaint.

(3) Bond documents received at the agency office from a suretycompany or agent via electronic facsimile or as a PDF file transmitted by e-mail or electronically may be accepted as original documents. The surety must provide the original bond document to the agency upon request.

(4) A construction flagger bond is available only for paymentsdetermined by the agency involving construction flaggers. Stat. Auth.: ORS 670.310 and 701.235

Stats. Implemented: ORS 701.470 (10/17, eff. 12/1/17, 10/17 eff. 12/1/17)


812-003-0440Notification of Conviction of a Crime

An applicant for a license, including an applicant for a renewed, reissued, reactivated or reinstated license, who has been convicted of a crime listed in ORS 701.098(1)(i) must notify the agency at the time of application that the applicant, or an owner or officer of the applicant, has been convicted of the crime(s). A licensee, RMI, [or applicant, or] an owner or officer of the licensee [or applicant] who has been convicted of a crime listed in ORS 701.098(1)(i) must notify the agency in writing within 30 days from the date of the entry of the judgment of conviction. Notification within 30 days is required even if the license has been suspended by the board or placed on inactive status.

Stat. Auth.: ORS 670.310 and 701.235 Stats. Implemented: ORS 701.098 (9/06, 2/08, 12/13 eff. 1/1/14)

This rule clarifies the requirement that applicants and licensees notify CCB about certain previous criminal conviction. It also clarifies that the requirement applies to licenses that have been suspended.

812-004-1450On-site Meeting and Telephone Mediation; Attendance of theComplainant

(1) The agency may schedule one or more on-site meetings or telephonemediations among the parties for the purpose of discussing a settlement of a complaint under ORS 701.145. The agency [must mail] will transmit notice of an on-site meeting [no less than 14 days] before the date scheduled for the meeting. The notice must include notice of the requirements of section (2) and (3) of this rule and must comply with the requirements of OAR 812-004-1260(2).

Rule change reflects current use of email rather than U.S. mail and allows more flexibility for scheduling when mediation cancels.

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(2) If the agency schedules an on-site meeting, the following apply: (a) The complainant must allow access to the property that is the subject

of the complaint. (b) The complainant or an agent of the complainant must attend the

meeting. An agent of the complainant must have knowledge of all complaint items included in the complaint and must have authority to enter into a settlement of the complaint.

(c) The complainant must allow the respondent to be present at the on-site meeting as required by ORS 701.145.

(3) If the complainant does not comply with the requirements of section (2) of this rule, the agency may close the complaint. OAR 812-004-1260 applies to closure of a complaint under this section.

(4) Notwithstanding subsection (2)(b), the agency may continue to process the complaint if the respondent does not appear at the on-site meeting.

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 701.139, 701.140 & 701.145 (temp. 7/8/11, 9/11 eff. 10/1/11, 4/12 eff. 5/1/12)

812-005-0800 Schedule of Penalties

The agency may assess penalties, not to exceed the amounts shown in the following guidelines:

(1) $600 for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, which may be reduced [to $200] if the respondent becomes licensed or [to $50] if the advertisement or bid is withdrawn immediately upon notification from the agency that a violation has occurred and no work was accepted as a result of the advertisement or bid; and

(2) $700 per offense without possibility of reduction for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, when one or more previous violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

(3) $1,000 per offense for performing work as a contractor in violation of ORS 701.021 when the Board has no evidence that the person has worked previously without having a license and no consumer has suffered damages from the work, which may be reduced [to $700] if the respondent becomes licensed within a specified time; and

(4)(a) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when an owner has filed a complaint for damages caused by performance of that work, which may be reduced [to $700] if the contractor becomes licensed within a specified time and settles or makes reasonable attempts to settle with the owner.

(b) A “complaint for damages” as used in section (4) of this rule includes, but is not limited to:

(A) A Construction Contractors Board Dispute Resolution Services (DRS) complaint; or

(B) A letter to Construction Contractors Board indicating that a citizen has been damaged by the contractor; and

(5) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when one or more violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

The rule is amended to remove references to the specific dollar amounts as reduced penalties. The current rule hinders negotiations and raises expectations of an unrealistically low penalty amount.

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(6) $500 per offense for failure to respond to the agency’s request forthe list of subcontractors required in ORS 701.345; and

(7) $1,000 per offense for hiring a unlicensed subcontractor; and(8) For failing to provide an “Information Notice to Owners about

Construction Liens” as provided in ORS 87.093, when no lien has been filed, $200 for the first offense, $400 for the second offense, $600 for the third offense, $1,000 for each subsequent offense. Any time a lien has been filed upon the improvement, $1,000.

(9) Failure to include license number in advertising or on contracts, inviolation of OAR 812-003-0120: First offense $100, second offense $200, subsequent offenses $400.

(10) Failure to list with the Construction Contractors Board a businessname under which business as a contractor is conducted in violation of OAR 812-003-0260 or 812-003-0280: First offense $50, second offense $100, subsequent offenses $200.

(11) Failure to notify the Construction Contractors Board of a new oradditional business name or personal surname (for sole proprietors) under which business as a contractor is conducted, in violation of OAR 812-003-0320: First offense $50, second offense $100, subsequent offenses $200.

(12) Failing to use a written contract as required by ORS 701.305: $500for the first offense; $1,000 for the second offense; and $5,000 for subsequent offenses.

(13) Violation of OAR 812-012-0130(1), failure to provide a ConsumerNotification form; $100 first offense; $500 second offense; $1,000 third offense; and $5,000 for subsequent offenses. Civil penalties shall not be reduced unless the agency determines from clear and convincing evidence that compelling circumstances require a suspension of a portion of the penalty in the interest of justice. In no event shall a civil penalty for this offense be reduced below $100.

(14) Failure to conform to information provided on the application inviolation of ORS 701.046(5), issuance of a $5,000 civil penalty, and suspension of the license until the contractor provides the agency with proof of conformance with the application and the terms of the application.

(a) If the violator is a limited contractor or residential limited contractorworking in violation of the conditions established pursuant to OAR 812-003-0130 or 812-003-0131, the licensee shall be permanently barred from licensure in the limited contractor category or residential limited contractor endorsement.

(b) If the violator is a licensed developer, residential developer orcommercial developer working in violation of the conditions established pursuant to ORS 701.005(3), (6) or (14) or 701.042, the licensee shall be permanently barred from licensure in the licensed developer category or residential developer or commercial developer endorsement.

(15) Knowingly assisting an unlicensed contractor to act in violation ofORS chapter 701, $1,000.

(16) Failure to comply with any part of ORS chapters 316, 656, or 657or with ORS 701.035, 701.046 or 701.091, $1,000 and suspension of the license until the contractor provides the agency with proof of compliance with the statute.

(17) Violating an order to stop work as authorized by ORS 701.225(6),$1,000 per day.

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(18) Working without a construction permit in violation of ORS 701.098, $1,000 for the first offense; $2,000 and suspension of CCB license for three (3) months for the second offense; $5,000 and permanent revocation of CCB license for the third and subsequent offenses.

(19) Failure to comply with an investigatory order issued by the Board, $500 and suspension of the license until the contractor complies with the order.

(20) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public: first offense, $1,000, suspension of the license or both; second and subsequent offenses, $5,000, per violation, revocation or suspension of the license until the fraudulent conduct is mitigated in a manner satisfactory to the agency or both.

(21) Engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public by:

(a) Not paying prevailing wage on a public works job; or (b) Violating the federal Davis-Bacon Act; or (c) Failing to pay minimum wages or overtime wages as required under

state and federal law; or (d) Failing to comply with the payroll certification requirements of ORS

279C.845; or (e) Failing to comply with the posting requirements of ORS 279C.840: $1,000 and suspension of the license until the money required as wages

for employees is paid in full and the contractor is in compliance with the appropriate state and federal laws.

(22) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public, as described in sections (20) or (21), where more than two violations have occurred: $5,000 and revocation of the license.

(23) When, as set forth in ORS 701.098(1)(h), the number of licensed contractors working together on the same task on the same job site, where one of the contractors is licensed exempt under ORS 701.035(2)(b), exceeded two sole proprietors, one partnership, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows: $1,000 for the first offense, $2,000 for the second offense, six month suspension of the license for the third offense, and three-year revocation of license for a fourth offense.

(24) Performing home inspections without being an Oregon certified home inspector in violation of OAR 812-008-0030(1): $5,000.

(25) Using the title Oregon certified home inspector in advertising, bidding or otherwise holding out as a home inspector in violation of OAR 812-008-0030(3): $5,000.

(26) Failure to conform to the Standards of Practice in violation of OAR 812-008-0202 through 812-008-0214: $750 per offense.

(27) Failure to conform to the Standards of Behavior in OAR 812-008-0201(2)-(4): $750 per offense.

(28) Offering to undertake, bidding to undertake or undertaking repairs on a structure inspected by an owner or employee of the business entity within 12 months following the inspection in violation of ORS 701.355: $5,000 per offense.

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(29) Failure to include certification number in all written reports, bids,contracts, and an individual’s business cards in violation of OAR 812-008-0202(4): $400 per offense.

(30) Violation of work practice standards for lead-based paint (LBP)activity pursuant to OAR 812-007-0140 or 812-007-0240 first offense, $1,000; second offense, $3,000; and third offense, $5,000 plus suspension of license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(31) Violation of work practice standards for LBP renovation pursuantto OAR 812-007-0340 or violation of recordkeeping and reporting requirements pursuant to OAR 333-070-0110: first offense, $1,000; second offense, $3,000; and third offense, $5,000 and suspension of the certified LBP renovation contractor license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(32)Violation of OAR 812-007-0100, 812-007-0200 or 812-007-0300:first offense, $1,000; second offense, $3,000; and third offense, $5,000. The civil penalty is payable to the Construction Contractors Board Lead-Based Paint (LBP) Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(33) Violation of ORS 279C.590:(a) Imposition of a civil penalty on the contractor of up to ten percent of

the amount of the subcontract bid submitted by the complaining subcontractor to the contractor or $15,000, whichever is less; and

(b) Imposition of a civil penalty on the contractor of up to $1,000; and(c) Placement of the contractor on a list of contractors not eligible to bid

on public contracts established to ORS 701.227(4), for a period of up to six months for a second offense if the offense occurs within three years of the first offense.

(d) Placement of the contractor on a list of contractors not eligible to bidon public contracts established to ORS 701.227(4), for a period of up to one year for a third or subsequent offense if the offense occurs within three years of the first offense.

(34) Violation of ORS 701.315, inclusion of provisions in a contractthat preclude a homeowner from filing a breach of contract complaint with the Board: $1,000 for the first offense, $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(35) Violation of ORS 701.345, failure to maintain the list ofsubcontractors: $1,000 for the first offense; $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(36) Violation of 701.098(1)(f), knowingly providing false informationto the Board: $1,000 and suspension of the license for up to three months for the first offense; $2,000 and suspension of the license for up to one year for the second offense; and $5,000 and permanent revocation of license for the third offense.

(37) Failing to provide a written contract with the contractual termsprovided by ORS 701.305 or OAR 812-012-0110: $200 for the first offense; $500 for the second offense; and $1,000 for subsequent offenses.

(38) Working while the license is suspended if the licensee was requiredto provide an increased bond under ORS 701.068(5), 701.068(6), or OAR 812-003-0175: revocation.

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(39) Working while the license is suspended for any violation of ORS701.098(4)(a)(A) or ORS 701.098(4)(a)(B): $5,000 for first offense, and revocation for second or subsequent offense.

(40) Working while the license is suspended for any reason except asotherwise provided for by this rule: revocation.

(41) Failure to comply with ORS 701.106(1)(a); $1,000 for the firstoffense, $5,000 for the second offense; $5,000 and permanent revocation of CCB license for the third offense.

(42) Failure to deliver as required by ORS 701.109(2) a copy of a finaljudgment; $200 first offense, $400 second offense; $600 for the third offense; $1,000 for each subsequent offense.

(43) Failure to maintain insurance as required under ORS 701.073 or toprovide proof of insurance as required under OAR 812-003-0200, where there is no claim of loss submitted to the insurance company: first offense, $500; second offense, $1,000; third and subsequent offenses, $5,000.

(44) Failure to maintain insurance as required under ORS 701.073 or toprovide proof of insurance as required under OAR 812-003-0200, where there is a claim of loss submitted to the insurance company: first offense, $2,000; second and subsequent offenses, $5,000.

(45) Undertaking, offering to undertake, or submitting a bid to work asa locksmith when an individual is not certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(46) Undertaking, offering to undertake, or submitting a bid to providelocksmith services when a business is not a licensed construction contractor or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(47) Using the title of locksmith, locksmith professional, commerciallocksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the individual is a locksmith, unless an individual is certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(48) Using the title of locksmith, locksmith professional, commerciallocksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the business providing locksmith services, unless a business: (a) is a licensed construction contractor, and (b) is owned by or employs a certified locksmith or is otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(49) Violating any applicable provision of the rules in division 30,including violating any standard of professional conduct other than OAR 812-030-0300(4): first offense, $1,000; second offense, $3,000; third offense, $5,000 and revocation of the certificate.

(50) Violating OAR 812-030-0300(4): first offense, $200; secondoffense, $500; third offense, $1,000.

Stat. Auth.: ORS 183.310 to 183.500, 670.310, 701.235, 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995

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(4/82, 10/82, 1/83, 3/83, 10/83, 3/84, 5/84, 3/85, 4/85, 1/87, 3/87, 1/88, 2/88, 6/88, 1/89, 11/89, 2/90, 3/90, 4/90, 5/90, 6/90, 7/90, 10/90, 11/90, 3/91, 9/91, 1/92, 2/92, 4/92, 6/92, 5/93, 12/93, 1/95, 9/95, 10/95, 8/96, 10/98), temp. 11/99, 5/00, 6/00, temp. 11/00, 4/01, 12/01, temp. 3/02, 3/02, 6/02, 9/02, 12/03, 6/04, 12/04, 12/05, 1/06, 6/06, 12/06, 6/07, 2/08, 6/08, 9/08, 11/08, 1/09 eff. 2/1/09, 5/09, 2/10, 4/10, temp. 7/10, 2/11 eff. 3/1/11, 6/11 eff. 7/1/11, 9/11 eff. 10/1/11, 12/11 eff. 1/1/12, 3/12, 4/12 eff. 5/1/12, 6/14 eff. 7/1/14) 812-007-0250 Denial, Suspension or Revocation of License for Lead-Based Paint Activities – Contractors

(1) The board may deny, suspend, or revoke a license of a lead abatement contractor or a lead inspection contractor on the following grounds:

[(a) Obtaining OHA certification through misrepresentation of certification requirements such as education, training, professional registration, or experience;]

[(b)] (a) Obtaining a license through invalid documentation; [(c) Performing work requiring a license without having a current valid

original license identification card available at the job site for inspection;] [(d) Performing work for which there is no current, appropriate

certification issued by OHA;] [(e)] (b) Permitting the duplication or use of the license by another; (c) Violating a rule of the board; [(f)] (d) Failing to comply with applicable work practice standards set

forth in 40 CFR 745.227; [(g) Failing to comply with local, state, or federal statutes or regulations

including execution of a consent agreement in settlement of an enforcement action;

(h) Failing to maintain required records; (i) Being subject to a final administrative order or criminal conviction

based on engaging in a prohibited act under rules of the Department or the board;

(j) Failing to comply with a consent agreement in settlement of an enforcement action;

(k) For a lead abatement contractor, failing to have an owner or employee that is a licensed lead supervisor or lead worker; or

(l) For a lead inspection contractor, failing to have an owner or employee that is a licensed lead inspector or licensed lead assessor.]

(2) Hearings on denial, suspension or revocation of a license shall be conducted as a contested case in accordance with ORS 183.310 to 183.470.

Stat. Auth.: ORS 670.310, 701.235 & 701.515 Stats. Implemented: ORS 701.510 & 701.515 (2/10, 9/11 eff. 10/1/11)

Rule is simplified and changed to make it consistent with the rule governing certified lead based paint renovation contractors, e.g., OAR 812-007-0350.

812-008-0030 Certification and License Required

(1) Except as provided in section (3) of this rule, no individual shall undertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first receiving certification to do same from the agency and without being an owner or employee of a business that is licensed with the agency.

Clarifies that certified home inspectors are not required to complete residential contractor continuing education. This change is consistent with ORS 701.445(2). [Note: ORS 701.445(2) contains

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(2) Except as provided in section (3) of this rule, no business shallundertake, offer to undertake or submit a bid to do work as an Oregon certified home inspector without first becoming licensed with the agency as a residential general contractor, a residential specialty contractor, or a home inspection services contractor and without having an owner or employee who is an Oregon certified home inspector by the agency.

(3) The following persons are exempt from the requirements of thisrule.

(a) Persons registered each year as a general contractor under ORSchapter 701 during the period from January 1, 1991, through August 11, 1997, as provided in section (3)(b) of chapter 814, 1997 Oregon Laws.

(b) Persons performing an energy audit or issuing a report on an energyaudit.

(c) Persons performing a forensic evaluation or issuing a report on aforensic evaluation.

(d) Persons performing home performance testing or issuing a report ona home performance testing.

(e) Persons who assign home energy performance scores for residentialbuildings.

(4) No person, including persons covered by section (3) of this rule,shall use the title Oregon certified home inspector without receiving such certification from the agency.

(5) Certified individuals and licensed business undertaking certifiedhome inspections shall comply with the standards of practice for undertaking certified home inspections as prescribed in these rules.

(6) All certificates for individuals to undertake home inspections arerenewable upon meeting all requirements, including continuing education, as established by ORS 701.445(4) and OAR chapter 812.

(7) Home inspection service contractors are not required to completecontinuing education as required under ORS 701.082.

Stat. Auth.: ORS 670.310, 701.235, 701.350 and 701.355 Stats. Implemented: ORS 701.081, 701.084, 701.350 and 701.355

(2/98, 10/98, temp. 6/99, 9/99, 6/00, 5/02, 2/08, 12/11 eff. 1/1/12, 12/13 eff. 1/1/14)

an erroneous reference to ORS 701.126, which has been repealed and replaced by ORS 701.082.] Home inspectors are still required to complete continuing education for home inspectors.

[812-009-0010 Application of Rules

Subject to OAR 812-004-0590, complaints filed before July 1, 2011, arising under ORS 701.139-701.180 are governed by:

(1) OAR 812-009-0020 – 812-009-0220 and OAR 137-003-0501–137-003-0700, with respect to contested cases;

(2) OAR 812-009-0400, 812-009-0430, and 812-009-0435, with respectto exceptions; and

(3) OAR 812-009-0440, with respect to meetings of the board’s AppealCommittee.]

Stat. Auth.: ORS 670.310, 701.145, 701.235 & 1999 Or. Laws, ch. 849, sect. 8

Stats. Implemented: ORS 183.413 to 183.470 & 701.145 (temp. 1/00, 5/00, 6/02, 12/06. temp. 7/8/11, 9/11 eff. 10/1/11, 10/12 eff. 11/1/12)

This rule lists the rules that apply to DRS complaints filed before July 1, 2011. The agency is no longer processing such complaints. Repeal.

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[812-009-0020 Amendment to Statement of Damages

(1) If the agency refers a complaint to the Office of Administrative Hearings for a hearing on the amount the respondent owes the complainant, the complainant may amend the amount the complainant alleges the respondent owes the complainant by filing an amended statement of damages. An amended statement of damages must be delivered to the administrative law judge or Office of Administrative Hearings as required by OAR 137-003-0520 and OAR 812-009-0085. An amended statement of damages filed under this section must be received by the administrative law judge or the Office of Administrative Hearings no later than 14 days before the scheduled date of a hearing on the matter.

(2) An amended statement of damages filed under section (1) of this rule must be on a form provided by the agency or on a form that substantially duplicates the form provided by the agency. The amended statement of damages must state the amount alleged to be owed by the respondent, limited to items of complaint in the Breach of Contract Complaint and complaint items added up to and through the initial on-site meeting. The amended statement of damages must be signed by the complainant.

(3) An amended statement of damages making a significant change in the amount the complainant alleges that the respondent owes the complainant may be good cause to postpone the scheduled hearing under OAR 137-003-0525 if the time left before the hearing is insufficient to prepare for a hearing on the amended amount.]

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.413, 183.415 & 701.145 (10/98, temp. 1/00, temp. 3/00, 5/00, 11/02, 8/03, 12/06, 6/08)

This rule applies to DRS complaints filed before July 1, 2011. The agency is no longer processing such complaints. Repeal.

812-009-0050 Providing Required Information to Parties

The agency delegates to the Office of Administrative Hearings or the administrative law judge [assigned to hear a complaint] the responsibility to provide the information required to be given to each party under ORS 183.413(2) and OAR 137-003-0510(1).

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.413, 183.415, 701.133 & 701.145

(temp. 3/00, 5/00, 8/03, 12/06, 6/08)

This rule may apply to enforcement hearings. Amend the rule so that it does not apply to DRS complaints filed before July 1, 2011, which the agency no longer processes.

[812-009-0070 Suspending Processing

(1) An administrative law judge may suspend or cancel a hearing at any time if the administrative law judge finds that the nature or complexity of the issues is such that a court is a more appropriate forum for adjudication. If an administrative law judge suspends or cancels a hearing under this rule, the administrative law judge must refer the complaint to the agency with a memorandum recommending that processing of the complaint be suspended under ORS 701.145 and OAR 812-004-0520 and stating the basis of the recommendation. A copy of this memorandum must be served on the parties.

(2) If a complaint is referred to the agency under section (1) of this rule, the agency may:

(a) Suspend processing the complaint; or

This rule applies to DRS complaints filed before July 1, 2011. The agency is no longer processing such complaints. REPEAL.

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(b) Refer the complaint back to the administrative law judge withinstructions to resume the hearing.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 701.133 & 701.145 (temp. 1/00, 5/00, 4/01, 3/03, 8/03, 12/06, 6/08)

[812-009-0085 Filing of Documents

Unless otherwise provided in these rules, the agency waives the right to receive copies of documents filed in a proceeding conducted by an administrative law judge, under OAR 137-003-0520.]

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.413 to 183.470 & 701.145

(temp. 1/00, 5/00, 4/12 eff. 5/1/12)

It made sense for CCB to waive this right in two-party DRS resolution hearings. However, there would be no logic to waiving this right in enforcement hearings where CCB is also a participant. Repeal.

[812-009-0090 Discovery and Subpoenas

(1) The agency delegates to the administrative law judge assigned tohear a complaint the authority to:

(a) Order and control discovery under OAR 137-003-0566, 137-003-0567, 137-003-0568 and 137-003-0569, related to the hearing on the complaint, except an administrative law judge may not authorize a party to take a deposition of agency staff or board members.

(b) Issue subpoenas under OAR 137-003-0585 that are related to thehearing on the complaint.

(2) The agency waives receipt of notice that a party seeks to take thetestimony of a witness by deposition under OAR 137-003-0570.]

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.425, 183.440, 183.445, 183.450, 701.145

& 701.149 (temp. 1/00, temp. 3/00, 5/00, 8/03, 12/06, 6/08, 4/12 eff. 5/1/12)


[812-009-0100 Burden of Proof and Failure to Meet Burden

The complainant must submit sufficient credible evidence into the record to support an award of damages under OAR 812-004-0535. If the complainant does not carry this burden of proof, the administrative law judge must dismiss the complaint.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 183 & ORS 701 (10/98, temp. 3/00, 4/01, 3/03, 8/03, 2/04, 12/06)


[812-009-0120 Determination of Validity of Complaint

In determining the validity of the complaint, the administrative law judge must determine:

(1) Whether the complaint arose out of a transaction within the scope ofORS chapter 701;

(2) Whether the agency has jurisdiction over the matters at issue; and(3) Whether the record of the complaint supports an award of damages

under OAR 812-004-0535.] Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 183 & ORS 701 (10/98, temp. 3/00, 12/01, 3/03, 8/03, 2/04, 12/06)


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[812-009-0140 Failure to Appear

(1) “Order” as used in this rule means a proposed and final order an administrative law judge is authorized to issue under OAR 812-009-0160 or a final order an administrative law judge is authorized to issue under OAR 812-009-0200.

(2) If the administrative law judge notified the parties to a complaint of the time and place of a hearing on the complaint and a party did not appear at the hearing, the administrative law judge may enter an order by default under OAR 137-003-0670(1)(c) that is adverse to a party only upon a prima facie case made on the record as required by OAR 137-003-0670(3).

(3) If a complainant does not appear at a hearing, an administrative law judge may dismiss a complaint under section (2) of this rule if the administrative law judge finds that the record does not contain sufficient evidence to support the complaint.]

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.415, 183.417, 183.450, 183.460, 183.464,

183.470, 701.145 & 701.149 (10/98, temp. 1/00, temp. 3/00, 5/00, temp. 7/00, 4/01, 9/01, 5/02, 8/03,

12/06, 12/07, 6/08)


[812-009-0160 Order Based on Hearing, Limitation on Order

(1) “Order” as used in sections (2) to (5) of this rule means a proposed and final order an administrative law judge is authorized to issue under section (6) of this rule or a final order an administrative law judge is authorized to issue under OAR 812-009-0200.

(2) Subject to sections (7) and (8) of this rule, if a complaint is referred for a hearing to determine the amount, if any, that a respondent owes a complainant, the administrative law judge may not issue an order in an amount greater than the total amount the complainant alleges the respondent owes the complainant in:

(a) The most recent statement of damages or amended statement of damages filed under OAR 812-004-0540, 812-004-0550 or 812-009-0020; or

(b) The Breach of Contract Complaint filed under OAR 812-004-0340, if no statement of damages was filed.

(3) If a complaint is referred for a hearing to determine whether any portion of a judgment is within the agency’s jurisdiction, the administrative law judge may not issue an order requiring payment of an amount greater than the amount of the judgment.

(4) An order issued by an administrative law judge may direct specific performance on the part of the respondent, order the respondent to pay monetary damages to the complainant or dismiss the complaint.

(5) An administrative law judge must consider any amounts due to the respondent from the complainant under the terms of the contract and reduce the amount of an order by that amount.

(6) Except as provided in section (8) of this rule and OAR 812-009-0200, an administrative law judge must issue a proposed and final order under OAR 137-003-0645(4) that must automatically become a final order 21 days after the date of issue without further notice unless:

(a) A party files timely exceptions under OAR 812-009-0400; (b) The agency requests that the administrative law judge hold further

This rule applies to DRS complaints filed before July 1, 2011. The agency is no longer processing such complaints. REPEAL.

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hearing or revise or amend the proposed order under OAR 137-003-0655(1);

(c) The administrative law judge withdraws and corrects the order underOAR 137-003-0655(1);

(d) The agency issues an amended proposed order under OAR 137-003-0655 (3); or

(e) The agency notifies the parties and the administrative law judge thatthe agency will issue the final order.

(7) If a limitation on damages under section (2) of this rule is based on astatement of damages or Breach of Contract Complaint that includes an itemization of complaint items and the total of those items is different from the total damages the complainant alleges is due from the respondent, the limitation on damages must be based on the larger of the two totals.

(8) If a limitation of damages under section (2) of this rule is based on astatement of damages or Breach of Contract Complaint that does not include a request for an award of the complaint processing fee allowed as damages under OAR 812-004-0250, the limitation on damages allowed under section (2) of this rule shall be increased by the amount of the complaint processing fee paid by the complainant under OAR 812-004-0110 and 812-004-0400.

(9) If a complaint is referred for a hearing solely to determine if theBoard has jurisdiction over the complaint and the administrative law judge finds that the Board has jurisdiction over the complaint, the administrative law judge must issue an intermediate order that the Board resume processing the complaint. The Board may accept the order to resume processing or issue a proposed and final order under OAR 137-003-0060 to dismiss the complaint for lack of jurisdiction.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 183.415. 183.450, 183.460, 183.464, 183.470,

701.145 & 701.146 (10/98, temp. 1/00, temp. 3/00, 5/00, temp. 7/00, 8/00, 5/02, 11/02,

8/03, 10/04, 12/05, 12/06, 6/07, 6/08) [812-009-0185 Amended Proposed Order or Final Order after Hearing

In accordance with OAR 137-003-0655(7), the agency exempts from the 90-day requirement for an amended proposed order or final order all cases in which written exceptions are filed with the board. In these cases, 90 days normally is an insufficient time in which to issue an amended proposed order or final order.]

Stat. Auth.: ORS 183.341, 670.310, 701.235 & 701.992 Stats. Implemented: ORS 183 & ORS 701

(4/12 eff. 5/1/12)


CCB will retain an identical rule – OAR 812-009-0350 – which applies to enforcement cases.

[812-009-0200 Final Order Without a Proposed Order

(1) Notwithstanding OAR 812-009-0160 (6), an administrative lawjudge must issue a final order under OAR 137-003-0665 in a contested case without issuing a proposed order if:

(a) The total amount alleged to be due to any complainant in a hearingdoes not exceed $2,500;

(b) The parties voluntarily agree to a settlement of a complaint inaccordance with ORS 183.417(11), except as provided in section (2) of this rule; or


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(c) The hearing was requested by the respondent after the parties voluntarily agreed to a settlement of a complaint and the following conditions exist:

(A) The settlement’s essential terms are limited to the respondent’s agreement to pay money to the complainant in exchange for the complainant’s release of the complaint; and

(B) The amount of the final order does not exceed the amount the respondent agreed to pay under the settlement agreement.

(2) If the parties voluntarily agree to a settlement of a complaint in accordance with ORS 183.417(11) and the settlement agreement includes an agreement for future performance, the administrative law judge must issue an intermediate order containing any necessary findings of fact and return the complaint to the agency for further processing and issuance of the final order.]

Stat. Auth.: ORS 670.310, 701.145, 701.235& 1999 Or. Laws, ch. 849, sect. 8

Stats. Implemented: ORS 183.415, 183.417, 183.450, 183.460, 183.464, 183.470 & 701.145

(10/98, temp. 1/00, temp. 3/00, 5/00, 6/02, 8/03, 12/06, 6/08) [812-009-0220 Petition for Reconsideration or Rehearing; Request for Stay

A petition for reconsideration or rehearing under OAR 137-003-0675 or a request for a stay under OAR 137-003-0690 of a final order on a complaint issued by an administrative law judge under this division must be filed with the agency.]

Stat. Auth.: ORS 670.310, 701.235 & 1999 Or. Laws, ch. 849, sect. 8 Stats. Implemented: ORS 183.482, 701.133 & 701.145 (temp. 1/00, temp. 3/00, 5/00, 8/03, 12/06, 6/08)


[812-009-0400 Exceptions to Agency Orders, Dispute Resolution Complaints

(1) After a contested case complaint hearing, the complainant or respondent may file written exceptions if they believe that the administrative law judge made a procedural error or that the proposed order is not supported by evidence received at the hearing.

(2)(a) To be considered, the first exceptions must be received by the agency within 21 days from the date of mailing the proposed order.

(b) If one party files timely exceptions, the opposing party may also file exceptions if those exceptions are received by the agency within 14 days from the date the agency mails a copy of the first exceptions to the opposing party.

(3)(a) If written exceptions are not timely received, the order will become final under OAR 812-009-0160.

(b) If exceptions are timely received, the matter will be set for consideration by the Board’s Appeal Committee at a regular meeting of the committee.

(4) The exceptions must substantially conform to the requirements of OAR 812-009-0430.

(5) Copies of exceptions filed will be mailed to the other side who may respond to the exceptions. Response and any written argument for or against the proposed order will be accepted up to 15 days before the case is referred to the Committee for scheduling if the original exceptions were timely received.


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(6)(a) If a party filing exceptions intends to rely on oral testimony given at the hearing, the party must include in the exceptions:

(A) A notice of the intention to rely on oral testimony; and (B) A request for a copy of the audio recording of the hearing with the

fee required under OAR 812-001-0160. (b) After receipt, exceptions containing a notice of an intention to reply

on oral testimony under subsection (6)(a) of this rule, the agency must send a copy of the audio recording of the hearing to the party that did not file the exceptions without charge unless that party also filed exceptions that included a notice of intention to rely on oral testimony.

(c) The party that filed the notice of intention to rely on oral testimony must prepare a typed transcript of the portions of the hearing testimony that the party contends support the exceptions. The party must deliver the transcript to the agency within 21 days from the date the agency mails the audio recording of the hearing to the party.

(d) The agency must mail a copy of the transcript to the other party to the complaint.

(7)(a) The party opposing the exceptions may prepare a typed transcript of the portions of the hearing testimony that the party contends support opposition to the exceptions. The opposing party must deliver the transcript to the agency within 21 days from the date the agency mailed the transcript under subsection (6)(d) of this rule.

(b) The agency must mail a copy of the transcript prepared under section (7) of this rule to the party that filed the exceptions.

(8) The Appeal Committee may refuse to consider evidence of oral testimony submitted by a party if the party does not comply with the requirements of sections (6) and (7) of this rule.

(9) The complainant and respondent may appear before the members of the Committee to argue for or against the proposed order.

(10) The agency may waive or extend the time limits in sections (5) through (7) of this rule on a showing of good cause by the person requesting the waiver.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 183.460 & 701.260 (10/98, temp. 3/00, 6/00, 4/01, 3/03, 8/03, 12/04, 12/05, 12/06, 4/08)

[812-009-0430 Form of Exceptions to Agency Order in a Complaint

(1) Exceptions to an agency order filed by a party to a complaint under OAR 812-009-0400 or a respondent under 812-009-0420 must conform to the following requirements:

(a) Exceptions must be typed or legibly printed on 8-1/2 by 11” sheets of paper.

(b) The first page of the exceptions must be titled “Exceptions to Proposed Order.” If the exceptions are filed in a complaint, the first page must show the file number, the names of the parties to the complaint and the party submitting the exceptions at the top of the page. If the exceptions are filed in an enforcement action, the first page must show the name of the respondent at the top of the page.

(c) Each page of the exceptions must be numbered at the bottom of the page.

(d) For each finding of fact in the proposed order that the party alleges is not supported by the evidence in the record the following information


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must be included in the exceptions: (A) The pages on which the finding of fact appear and the number, if

any, of the finding of fact; (B) The text of the finding of fact; and(C) An explanation or argument supporting the party’s contention that

the finding of fact is not supported by the evidence in the record. (e) For each conclusion in the proposed order that the party alleges is

based on an erroneous interpretation or application of a statute or administrative rule or is contrary to an appellate court decision the following information must be included in the exceptions:

(A) The pages on which the conclusion and the opinion that supports itappear;

(B) The text of the conclusion; and(C) An explanation or argument supporting the party’s contention that

the conclusion is based on an erroneous interpretation or application of a statute or administrative rule or is contrary to an appellate court decision.

(f) For each procedural error committed by the administrative law judgethat the party contends directly affected the decision in the proposed order in a manner prejudicial to the party the following information must be included in the exceptions:

(A) A description of the procedural error; and(B) An explanation or argument supporting the party’s contention that

the procedural error affected the decision and was prejudicial to the party filing the exceptions.

(g) If the party intends to rely on oral testimony at the hearing, anotification that the party intends to rely on oral testimony must be included in the exceptions.

(h) The party submitting the exceptions must sign and date theexceptions.

(2) If the agency provides forms to a party that comply with therequirements of section (1) of this rule, the agency may require that the party use the forms provided or forms that substantially match the forms provided if the party submits exceptions.

(3) The Appeal Committee may refuse to consider exceptions that donot substantially meet the requirements of sections (1) and (2) of this rule.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS ch. 183, 701.145 & 701.260 (4/01, 8/03, 12/05, 12/06, 6/08, 6/10)

[812-010-0020 Applicability of Rules; Application of ORS 36.600-36.740

(1) The rules in division 10 of this chapter apply to complaints filedbefore July 1, 2011, when:

(a) A complaint is referred to the Office of Administrative Hearings forarbitration under OAR 812-004-0590.

(b) The parties to the arbitration agree that the Construction ContractorsBoard may arbitrate a construction dispute and the agency accepts the dispute for arbitration under ORS 701.148.

(c) A timely complaint is filed relative to work performed under acontract that contains an arbitration clause specifying that the Construction Contractors Board must arbitrate disputes arising from the contract and the agency accepts the dispute for arbitration under ORS 701.148.


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(d) Arbitration by the Construction Contractors Board is ordered by a court under ORS 36.600 or 36.625.

(2) Except as otherwise provided in the rules in division 10 of this chapter, an arbitration conducted under this division is governed by ORS 36.600 to 36.740, and sections 3 and 31, chapter 598, Oregon Laws 2003.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 36.600 to 36.740, ch. 183, 701.133, 701.139

& 701.148 (10/98, 9/99, 12/01, 6/02, 9/02, 8/03, 12/03, 5/04, 10/04, 12/06, 6/08, temp. 7/8/11, 9/11 eff. 10/1/11) [812-010-0030 Incorporation of Office of Administrative Hearings Rules

(1) The following rules related to the contested case hearings conducted by administrative law judges assigned to the Office of Administrative Hearings are incorporated into these rules by this reference and apply to arbitrations conducted under the rules in this division:

(a) OAR 137-003-0590 (Qualified interpreters); and (b) OAR 137-003-0605 (Telephone testimony). (2) In interpreting rules incorporated under section (1) of this rule: (a) “Hearing” in the incorporated rule shall be given the same meaning

as “arbitration” in these rules; and (b) “Administrative law judge” in the incorporated rule shall be given

the same meaning as “arbitrator” in these rules.] Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 183, 701(5/02, 8/03, 12/03)


[812-010-0040 Arbitration of Disputes Outside Jurisdictional Requirements

Construction disputes which do not meet timeliness filing under ORS 701.143 or other jurisdictional requirements for complaints may be arbitrated by the agency if both parties agree in writing to submit the dispute to the Construction Contractors Board for binding arbitration. At the discretion of the agency, the agency may refuse to accept a dispute submitted for arbitration under this rule.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.143 & 701.148

(10/98, 9/99, 12/01, 5/02, 12/04, 12/06)


[812-010-0050 Application for Judicial Relief

An application to the court for judicial relief under the rules in division 10 of this chapter or under ORS 36.600 to 36.740 shall be subject to ORS 36.615.]

Stat. Auth.: ORS 670.310 & 701.235 Stats. Implemented: ORS 36.600-36.740

(12/03, 5/04, 12/04)


[812-010-0060 Appointment of Arbitrator

Assignment of arbitrator shall be as provided in ORS 701.149 and shall be subject to a request for a different administrative law judge to act as arbitrator under ORS 183.645 and OAR 471-060-0005.]

Stat. Auth.: ORS 670.310, 701.148 & 701.235 Stats. Implemented: ORS 183.645, 701.148 & 701.149

(10/98, 9/99, temp. 1/00, 5/00, 5/02, 8/03, 12/03, 5/04, 10/04, 6/08)


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[812-010-0080 Delegation of Duties

If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the duties of the agency under these rules may be carried out through representatives as directed by the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge, except that the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may not perform the duties of the agency under OAR 812-010-0040, 812-010-0100 or 812-010-0470.]

Stat. Auth.: 670.310, 701.148 & 701.235 Stats. Implemented: ORS 701.148 & 701.149 (10/98, 9/99, temp. 1/00, 5/00, 5/02, 8/03, 6/05, 6/08)


[812-010-0085 Filing and Service of Pleadings and Other Documents

(1) Unless otherwise provided by these rules, documents,correspondence, motions, pleadings, rulings and orders filed in an arbitration under these rules must be filed as follows:

(a) With the agency before a complaint or dispute is referred by theagency to the Office of Administrative Hearings.

(b) With the Office of Administrative Hearings or assigned arbitratorafter the agency refers the complaint or dispute to the Office of Administrative Hearings and before the arbitrator issues an award.

(c) With the agency after the arbitrator issues an award.(2) After the agency refers a complaint or dispute to the Office of

Administrative Hearings and before the arbitrator issues an award, a person who files a document, correspondence, motion, pleading, ruling or order with the Office of Administrative Hearings or arbitrator in an arbitration must serve copies of the document filed on the parties to the complaint or dispute or their counsel if the parties are represented. Service under this section must be by hand delivery, by facsimile or by mail.

(3) In addition to the requirements of OAR 812-004-0210, after theagency refers the complaint or dispute to the Office of Administrative Hearings and before the arbitrator issues an award, a party must notify the Office of Administrative Hearings or arbitrator, and other parties to the complaint or dispute of any change in the party’s address, withdrawal or change of party’s attorney or change of address of the party’s attorney.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 183 & 701

(5/02, 8/03, 12/03, 12/06)


[812-010-0090 Request for Contested Case Hearing or Removal to Court

(1) If the Office of Administrative Hearings receives a request underOAR 812-004-0590 to conduct the hearing on a complaint as a contested case, the Office of Administrative Hearings must retain jurisdiction over the complaint. The Office of Administrative Hearings must hold the contested case hearing at the time scheduled for the arbitration unless good cause exists to reschedule the hearing date and time.

(2) If the Office of Administrative Hearings receives notice under OAR812-004-0590 that a party to the complaint filed a court complaint and OAR 812-004-0590 requires that the complaint be decided in court, the Office of Administrative Hearings must return the complaint to the agency.]


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Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS ch. 183, 701.145 & 701.146 (6/02, 8/03, 12/06, 6/08)

[812-010-0100 On-Site Investigation, Settlement Discussions

(1) At the discretion of the agency, arbitration may be preceded by an on-site investigation or settlement discussions.

(2) At the discretion of the arbitrator, the arbitration may be preceded by settlement discussions.

(3) The arbitrator may request that the agency conduct an on-site investigation before arbitration. The agency may grant or deny the request at its discretion.

(4) If the parties to an arbitration settle a complaint referred to arbitration under OAR 812-004-0560, the parties may agree that the arbitrator may issue a final order under ORS 183.417(11).]

Stat. Auth.: ORS 183.310 to 183.500, 670.310, & 701.235 Stats. Implemented: ORS 701.148 (10/98, 9/99, 12/01, temp. 9/02, 11/02, 8/03, 12/06, 6/08)


[812-010-0110 Statement of Damages and Amendment to Statement of Damages

(1) If the party asserting a complaint has not previously filed a Breach of Contract Complaint or statement of damages under OAR 812-004-0340, 812-004-0540 or 812-004-0550, the party must file with the agency on a form provided by the agency a statement of damages stating the amount that the party alleges any other party owes the party, together with any supporting documents required by the agency.

(2) If the parties to an arbitration have agreed in writing that the arbitration will bind all of them and if any other party to the proceeding asserts a counterclaim, the counterclaiming party must file with the agency on a form provided by the agency a statement of damages stating the amount that the counterclaiming party alleges any other party owes to the counterclaiming party, together with any supporting documents required by the agency.

(3) Notwithstanding section (2) of this rule, a party is not required to file a statement stating the amount the party alleges any other party owes the party, if the party alleges only an offset.

(4) A party may amend the amount the party alleges another party owes the party by filing an amended statement of damages. An amended statement of damages must be delivered to the arbitrator as required by OAR 812-010-0085. An amended statement of damages filed under this section must be received by the arbitrator no later than 14 days before the scheduled date of an arbitration on the matter.

(5) An amended statement of damages filed under section (4) of this rule must be on a form provided by the agency or on a form that substantially duplicates the form provided by the agency. The amended statement of damages must state the amount alleged to be owed to the party filing the amended statement by the other party. If the subject of the arbitration is a complaint, the amount alleged to be owed must be limited to items of complaint in the Breach of Contract Complaint and complaint items added up to and through the initial on-site meeting. The amended statement of damages must be signed by the party filing the amendment.


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(6) An amended statement of damages making a significant change inthe amount a party alleges that another party owes the party may be good cause to postpone the scheduled arbitration under OAR 812-010-0220 if the time left before the arbitration is insufficient to prepare for arbitration on the amended amount.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.145 & 701.148 (9/99, temp. 7/00, 8/00, 12/01, 5/02, temp. 9/02, 11/02, 12/06)

[812-010-0120 Time and Place of Arbitration Hearing; Notice

The Office of Administrative Hearings must fix a time and place for the arbitration hearing. The Office of Administrative Hearings must mail notice of the time and place of the arbitration at least 21 days before the arbitration, unless otherwise agreed to by the parties.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 & 701.149 (10/98, 9/99, temp. 7/00, 8/00, 12/01, 5/02, temp. 9/02, 11/02, 8/03,

12/06, 6/08)


[812-010-0140 Qualifications of Arbitrator

(1) An individual who has a known, direct and material interest in theoutcome of the arbitration proceeding or a known, existing and substantial relationship with a party may not serve as an arbitrator.

(2) Before accepting appointment, an individual who is requested toserve as an arbitrator, after making a reasonable inquiry, must disclose to all parties to the agreement to arbitrate and arbitration proceeding and to any other arbitrators in the arbitration proceeding any known facts that a reasonable person would consider likely to affect the impartiality of the arbitrator in the arbitration proceeding, including:

(a) A financial or personal interest in the outcome of the arbitrationproceeding; and

(b) An existing or past relationship with any of the parties to theagreement to arbitrate or the arbitration proceeding, their counsel or representatives, a witness or another arbitrator in the proceeding.

(3) An arbitrator has a continuing obligation to disclose to all parties tothe agreement to arbitrate and arbitration proceeding and to any other arbitrators in the proceeding any facts that the arbitrator learns after accepting appointment that a reasonable person would consider likely to affect the impartiality of the arbitrator.

(4) If an arbitrator discloses a fact required by subsection (2) or (3) ofthis section to be disclosed and a party timely objects to the appointment or continued service of the arbitrator based upon the fact disclosed, the objection may be a ground under ORS 36.705(1)(b) for vacating an award made by the arbitrator.

(5) If the arbitrator did not disclose a fact as required by subsection (2)or (3) of this section, upon timely objection by a party, the court under ORS 36.705(1)(b) may vacate an award.

(6) An arbitrator who does not disclose a known, direct and materialinterest in the outcome of the arbitration proceeding or a known, existing and substantial relationship with a party, the party's counsel or representatives, a witness or another arbitrator in the proceeding is presumed to act with evident partiality under ORS 36.705(1)(b).


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(7) Substantial compliance with the procedures in this division 10 of this chapter for challenges to an arbitrator before an award is made is a condition precedent to a petition to vacate an award on that ground under ORS 36.705(1)(b).

(8) Upon objection of a party to the continued service of an arbitrator, the agency administrator or a person designated by the agency administrator must decide whether the arbitrator should be disqualified. Such decision is final.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310, & 701.235 Stats. Implemented: ORS 36.705 & 701.148 (10/98, 9/99, temp. 3/00; 5/00, 12/03, 5/04, 12/06)

[812-010-0160 Substitution of Arbitrator

(1) The agency administrator or a person designated by the agency administrator may substitute another arbitrator at any time before the arbitration hearing begins.

(2) If the agency refers a dispute to the Office of Administrative Hearings for arbitration under these rules, the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may substitute another arbitrator at any time before the arbitration hearing begins.]

Stat. Auth.: ORS 670.310, 701.148 & 701.235 Stats. Implemented: ORS 701.148 & 701.149 (10/98, 9/99, temp. 1/00, 5/00, 8/03, 6/08)


[812-010-0180 Representation by Counsel

Any party may be represented at an arbitration by an attorney. A corporation, partnership or other business entity may appear or be represented at an arbitration as provided under ORS 701.160.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.160

(10/98, 9/99, 12/01, 10/04)


[812-010-0200 Attendance at Hearings

Persons having a direct interest in the arbitration are entitled to attend hearings. The arbitrator may require the exclusion of a witness who is not a party during the testimony of other witnesses. The arbitrator must decide whether any other person may attend the hearing.]


(10/98, 9/99, 12/04, 12/06)


[812-010-0220 Postponement, Recess and Continuance

An arbitrator may postpone or recess and later continue an arbitration. A party requesting a postponement or continuance must show good cause. The arbitrator must decide whether to grant a postponement or continuance. That decision is final.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 (10/98, 9/99, 11/02, 12/04, 12/06)


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[812-010-0260 Recording of Hearing

(1) Unless otherwise agreed by the parties and the arbitrator, thearbitrator must make a recording of the hearing.

(2) The agency may dispose of recordings of hearings when 90 dayshave passed after the arbitrator issues an award in the matter. However, if a party timely files exceptions to the award with the court, the agency may not dispose of the recording of the hearing until the court makes final determination of the matter.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 (10/98, 9/99, 12/04, 12/06)


[812-010-0280 Conduct of Hearing; Authority of Arbitrator

(1) An arbitrator may conduct arbitration in such manner as thearbitrator considers appropriate for a fair and expeditious disposition of the proceeding. The authority conferred upon the arbitrator includes the power to hold conferences with the parties to the arbitration proceeding before the hearing and, among other matters, determine the admissibility, relevance, materiality and weight of any evidence.

(2) The oral hearing may be waived and held by briefs and documents ifthe parties so stipulate. The arbitrator shall determine whether to grant waiver of oral hearing and that determination shall be final.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 (10/98, 12/03)


[812-010-0290 Summary Disposition

An arbitrator may decide a request for summary disposition of a complaint or particular issue:

(1) If all interested parties agree; or(2) Upon request of one party to the arbitration proceeding, if that party

gives notice to all other parties to the proceeding and the other parties have a reasonable opportunity to respond.]



[812-010-0300 Arbitration in the Absence of a Party

(1) Except as provided in section (2) of this rule, an arbitration mayproceed in the absence of any party who, after due notice, does not appear. An award must not be made solely on the default of a party. The arbitrator may require the attending party to submit such evidence as the arbitrator may require for the making of an award.

(2) Notwithstanding section (1) of this rule, an arbitrator may dismiss acomplaint without an evidentiary hearing if the party making the complaint does not appear after due notice and without good cause.]



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[812-010-0320 Discovery

(1) Parties to an arbitration are encouraged to exchange information informally before the hearing. After making reasonable attempts to obtain any of the following, a party may make written request of the arbitrator for an order directing the other party to comply:

(a) Production of documents, objects, or other information relevant to the dispute;

(b) Permission to enter upon private property to inspect improvements relevant to the dispute; or

(c) Other forms of discovery. (2) The arbitrator may, at the arbitrator’s discretion, order compliance.

This rule does not require discovery. If the arbitrator does order discovery, the arbitrator may control the methods, timing and extent of discovery. Only the arbitrator may issue subpoenas in support of discovery.]



[812-010-0340 Subpoenas; Evidence

(1) The arbitrator or an attorney for a party to the arbitration may issue subpoenas for witnesses and documents for the arbitration hearing.

(2) The arbitrator is the sole judge of the relevance and materiality of the evidence offered. Conformity to legal rules of evidence is not necessary.

(3) The arbitrator may receive and consider any relevant evidence, including evidence in the form of an affidavit, but must give appropriate weight to any objections made. All documents to be considered by the arbitrator must be filed with the agency before or at the hearing.]



[812-010-0360 Close of Hearing

When satisfied that the parties have completed their presentations, the arbitrator must close the hearing.]


(10/98, 12/04, 12/06)


[812-010-0380 Waiver of Right to Object to Noncompliance with These Rules

Any party who proceeds with the arbitration after knowledge that any provision or requirement of these rules has not been complied with and who does not state objections before the close of the hearing is deemed to have waived the right to object.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 (10/98, 12/04, 12/06)


[812-010-0400 Service of Notices and Other Communications

(1) Communication including, but not limited to the initial notice of an arbitration hearing directed by the arbitrator, Office of Administrative Hearings, or agency to the last-known address of record shall be considered


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delivered when deposited in the United States mail. (2) If the agency did not serve a contested case notice, referral to the

Office of Administrative Hearings or other notice of the dispute by registered, certified or post office receipt secured mail prior to the initial notice of the arbitration hearing, the notice of hearing shall be sent by registered, certified or post office receipt secured mail.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.117, 701.133 & 701.148 (10/98, 5/02, 8/03, 12/03, 6/08)

[812-010-0420 Time, Form, and Scope of Award; Limitation on Award

(1) An award must be rendered promptly by the arbitrator and, unlessotherwise agreed by the parties, not later than thirty days from the date of the closing of the arbitration hearing.

(2) The agency may extend the time to issue an award under section (1)of this rule.

(3) The award must be in writing and must be signed or otherwiseauthenticated by the arbitrator.

(4) The award must fully dispose of all issues presented to the arbitratorthat are required to resolve the dispute. The arbitrator may summarily dismiss issues that raise no substantive factual or legal questions. The award must contain sufficient rulings on issues and explanations of the reasoning of the arbitrator that a party may reasonably understand the basis of the decision and evaluate the award to determine if filing a petition to modify or correct the award would be appropriate.

(5) An arbitrator may not issue an award in an amount greater than thetotal amount a party alleges another party owes the party in:

(a) The most recent statement of damages or amended statement ofdamages filed by the party under OAR 812-004-0540, 812-004-0550 or 812-010-0110; or

(b) The Breach of Contract Complaint filed by the party under OAR812-004-0340, if no statement of damages was filed.

(6) When a complainant makes a complaint against a respondent’ssurety bond, letter of credit or cash deposit required under ORS 701.085 (2005) or 701.068 or 701.088 and the parties to the complaint have not agreed that the arbitration will bind the complainant, only the complainant may assert damages. The arbitrator may award damages to the complainant, but not to the respondent. The respondent may assert amounts owed to it as an offset under section (7) of this rule.

(7) An arbitrator must consider any amounts owed by a party allegingdamages to another party under the terms of the contract at issue in the arbitration and reduce the amount of an award of damages to the party alleging the damages by the amount owed as an offset to the damages, regardless of whether the other party asserting the offset filed a statement of damages as to the offset. If the party asserting the offset did not file a statement of damages, the amount of the offset may not exceed the amount of the award.

(8) After an award has been issued, a party to the arbitration may:(a) File a request to modify or correct the award under ORS 36.690.(b) File the award with the court with a petition to confirm the award

under ORS 36.700.


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(c) File a petition with the court to vacate, modify or correct the award under ORS 36.705 and 36.710.

(9)(a) Except as otherwise provided in this rule, the arbitrator may dismiss a complaint or may grant to any party any remedy or relief, including equitable relief, that the arbitrator deems just and equitable, consistent with the parties’ contract or their agreement to arbitrate.

(b) If the award contains an award of monetary amounts that are payable from the respondent’s bond, letter of credit or cash deposit required under ORS 701.085 (2005) or 701.068 or 701.088 and other amounts that are not payable from the bond, letter of credit or cash deposit under OAR 812-004-0250 or any other law, the award must segregate these amounts.

(c) If the parties to the arbitration mutually consent to the arbitration in a written agreement and the contract at issue in the arbitration provides for an award of attorney fees, court costs, other costs or interest, the arbitrator may include these fees, costs, or interest in the award, subject to subsection (b) of this section.

(10) If a limitation on damages under section (4) is based on a statement of damages or Breach of Contract Complaint that includes an itemization of complaint items and the total of those items is different from the total damages the complainant alleges is due from the respondent, the limitation on damages must be based on the larger of the two totals.

(11) If the award requires the payment of money, including but not limited to payment of costs or attorney fees, the award must be accompanied by a separate statement that contains the information required by ORCP 70 A(2)(a) for money judgments.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 36.690, 36.700, 36.705, 36.710, 701.088,

701.145, 701.148 (10/98, 6/02, 9/02, 11/02, 8/03, 12/03, 12/04, 6/05, 12/06, 12/07, 6/08)

[812-010-0425 Petition to Modify or Correct an Award

(1) A party to arbitration or the agency may petition the arbitrator to modify or correct an award. A party may file only one petition of an award under this rule.

(2) The petition to modify or correct an award must be in writing and substantially conform to the requirements of OAR 812-010-0430.

(3) To be considered, a petition to modify or correct an award must be received by the arbitrator no later than 21 days after the proposed award was mailed to the parties.

(4) If the arbitrator receives a timely petition to modify or correct an award, the arbitrator must mail copies of the petition to the other parties to the arbitration and to the agency.

(5) A party may respond to the petition to modify or correct an award. To be considered, a response to the petition must be received by the arbitrator no later than 14 days after the arbitrator mailed a copy of the petition to the party.

(6) The arbitrator may waive or extend the time limitations in sections (3) and (5) of this rule on a showing of good cause by the person requesting the waiver or extension. If the arbitrator waives or extends the time limitations in sections (3) and (5), the arbitrator must notify the agency of the waiver or extension.


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(7) The arbitrator may modify or correct an award:(a) If there was an evident mathematical miscalculation or an evident

mistake in the description of a person, thing or property referred to in the award;

(b) If the arbitrator made an award on a complaint not submitted to thearbitrator and the award may be corrected without affecting the merits of the decision on the complaints submitted;

(c) If the award is imperfect in a matter of form not affecting the meritsof the decision on the complaints submitted;

(d) Because the arbitrator has not made a final and definite award upona complaint submitted by the parties to the arbitration proceeding; or

(e) To clarify the award.(8) The arbitrator must consider the petition and any response received

from a non-petitioning party, except that the arbitrator may not consider evidence that was not introduced at the arbitration.

(9) The arbitrator must issue an amended award that addresses eachsubstantial issue raised in the petition. The amended award may summarily dismiss issues as appropriate. The arbitrator may:

(a) Affirm the original award and incorporate it in the amended awardby reference; or

(b) Issue a new award.(10) If the arbitrator who prepared the award is not available to consider

a petition modify or correct the award, the Chief Administrative Law Judge or a person designated by the Chief Administrative Law Judge may assign another arbitrator to review the tapes and exhibits of the arbitration, the award, the petition and any response and render a decision on the petition. If the new arbitrator is unable to render a decision on the petition, the petition shall be deemed denied.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 183.482 & 701.148 (6/02, 9/02, 8/03, 12/03, 10/04, 6/05, 12/06, 6/08)

[812-010-0430 Form of Petition to Vacate, Modify or Correct an Award

(1) A petition to modify or correct an award filed by a party to anarbitration under OAR 812-010-0425 must conform to the following requirements:

(a) The petition must be typed or legibly printed on 8-1/2 by 11” sheetsof paper.

(b) The first page of the petition must be titled “Petition to Modify orCorrect an Arbitration Award” and must show the names of the parties to the arbitration and the party submitting the petition at the top of the page. If the petition is filed in a complaint, the first page shall show the file number.

(c) Each page of the petition must be numbered at the bottom of thepage.

(d) For each modification or correction sought by petitioner, thefollowing information should be included in the petition:

(A) The page or pages that petitioner asks to be modified or corrected;(B) The text that petitioner asks to be modified or corrected; and(C) An explanation or argument supporting petitioner’s request for the

modification or correction. (e) The party submitting the petition must sign and date the petition.

The date must be the date the petition is served on the arbitrator and the


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other parties to the arbitration. (2) The arbitrator may refuse to consider a petition that does not

substantially meet the requirements of section (1) of this rule.] Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 183 & 701.148 (6/02, 9/02, 12/03, 12/06)

[812-010-0460 Petition to Court to Confirm Award or Vacate, Modify or Correct Award

(1) A party may petition the court to confirm an award under ORS36.700. The petitioning party must serve the agency with a copy of a petition filed under this section.

(2) A party may petition the court to vacate, modify or correct an awardunder ORS 36.705 or 36.710. The petitioning party must serve the agency with a copy of a petition filed under this section.

(3) Failure of a party to serve the agency under section (2) of this ruleconstitutes a waiver of any objection to transmittal of the award to the respondent’s surety company for payment under OAR 812-004-0600.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.145 & 701.148 (10/98, 9/99, 6/02, 9/02, 12/03, 5/04, 10/04, 6/05, 12/06)


[812-010-0470 Payments from Licensee’s Bond, Letter of Credit or Cash Deposit

(1) If an award or amended award requires payment by a licensee andthe licensee does not pay the award within the time period provided in OAR 812-004-0600, the award is payable from the surety bond, letter of credit or cash deposit to the extent payment is authorized under ORS 701.150. Payment from the bond, letter of credit or cash deposit is subject to the laws in ORS chapter 701 and rules in division 4 of this chapter, including but not limited to OAR 812-004-0600.

(2) For purposes of OAR 812-004-0600, an award or amended award isready for payment by a party ordered to pay damages if 21 days have elapsed after the award was issued, and:

(a) The arbitrator has not received a petition to modify or correct theaward; and

(b) The agency has not received a copy of a petition to modify, corrector vacate the award filed with the circuit court.]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.088, 701.143 & 701.150 (10/98, /600, 12/01, 5/02, temp. 9/02, 11/02, 12/03, 5/04, 10/04, 6/05,

12/06, 12/07, 6/08) (Amended and renumbered from 812-010-0440, 6/29/05)


[812-010-0480 Interpretation and Application of Rules

The arbitrator must interpret and apply these rules insofar as they relate to the arbitrator’s powers. All other rules must be interpreted and applied by the agency administrator or a person designated by the agency administrator.]


(10/98, temp. 3/00, 5/00, 12/04, 12/06)


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[812-010-0500 Immunity of Arbitrator Immunity of arbitrator and the Office of Administrative Hearings are subject to ORS 36.660(1) to (3).]

Stat. Auth.: ORS 183.310 to 183.500, 670.310 & 701.235 Stats. Implemented: ORS 701.148 (10/98, 9/99, 12/03, 5/04, 10/04)


[812-010-0510 Competency of Arbitrator to Testify

Competency of an arbitrator to testify and produce records is subject to ORS 36.660(4).]



[812-010-0520 Attorney Fees and Costs

If a person commences a civil action against an arbitrator, the Office of Administrative Hearings or a representative of the Office of Administrative Hearings arising from the services of the arbitrator, the Office of Administrative Hearings or a representative of the Office of Administrative Hearings or if a person seeks to compel an arbitrator or representative of the Office of Administrative Hearings to testify or produce records in violation of OAR 812-010-0510 the court may award attorney fees and costs as provided in ORS 36.660(5).]



[812-022-0010 Effective Date – Continuing Education for Residential Contractors

Effective January 1, 2016, OAR 812-022-0000 to 812-022-0047 apply to all residential contractors that renew licenses.]

Stat. Auth.: ORS 670.310, 701.082, 701.126 and 701.235 Stats. Implemented: ORS 701.082 (10/24/13, temp. 10/29/13, 2/6/14, temp. 3/26/14, 6/16 eff. 7/1/16)

This rule was necessary when CCB had two rule divisions governing CE (division 21 and division 22). CCB repealed division 21; this rule is no longer necessary. Repeal.

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Memorandum

To: Construction Contractors Board From: Laurie Hall, Licensing Manager Date: February 8, 2018 Subject: RMI Rule Changes

The following rule changes were approved by the board at the meeting in January. See the attached Rule Language and Hearings Officer Report. The effective date for these rules is April 1, 2018.

ISSUE

On June 27, 2017, the 2017 Oregon legislature passed Senate Bill (SB) 336. SB 336 took effect January 1, 2018.

The new law allows a contractor or business that is required to have a responsible managing individual (RMI) to appoint a temporary RMI for no more than 14 days. During this time, the contractor or business can secure a permanent RMI and notify CCB of its new RMI.

BACKGROUND

An RMI is an individual who: (a) is an owner or employee of a construction business; (b) exercises management or supervisory authority; and (c) has successfully completed training and testing required to be an RMI. (A few RMIs qualify by virtue of experience gained before July 1, 2000). Before the law change, most construction contractors were required to have at least one RMI associated with their licenses in order to remain active.

Under the previous law, when an RMI left the construction business, the business had to immediately notify CCB in writing and designate a new RMI. Otherwise, without an RMI, CCB would suspend the contractor’s license.

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Since most contractors only have a single RMI, if an RMI suddenly left (quit, was fired, died), the business had to immediately find a new, qualified RMI. There was frequently a lapse between the time the RMI left and when the business could appoint a new RMI. Often, the only method for qualifying a new RMI is for an individual associated with the business to complete the 16-hour pre-licensure training and pass the test. At a minimum, this takes several days.

The new law permits a business to appoint an individual who has not qualified as an RMI to serve as a temporary RMI. The business must notify CCB right away and the individual may only serve in that capacity for no more than 14 days.

The new law requires CCB to adopt temporary rules within 90 days of the date the law takes effect (by April 1, 2018). On January 1, 2018, CCB adopted temporary rules.

RULE CHANGES

The proposed new rules consist of an amendment to OAR 812-006-0100, the current RMI rule, to OAR 812-005-0800, the penalty rule, and the adoption of a new rule, OAR 812-006-0110. These rule changes do the following:

• Allow appointment of a temporary RMI.• Clarify time periods.

o A contractor will have 3 days to notify CCB that it has appointed atemporary RMI.

o The new RMI may serve for no longer than 14 days from the date aftergiving notification.

• State what information must be provided about the departing RMI and the aboutthe temporary RMI.

• Make it a penalty to have worked without an RMI or temporary RMI.

ADOPTION OF TEMPORARY RULES; NEED FOR PERMANENT RULES

In compliance with the law, CCB adopted the rule changes as temporary rules. Temporary rules are only valid for up to 180 days. The board needs to adopt permanent rules to replace the temporary rules.

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Proposed Rule

Explanation

812-006-0100 Responsible Managing Individual

(1) As used in these rules, a responsible managing individual (RMI) has that meaning as provided in ORS 701.005(16).

(2) Upon initial application, an applicant for a contractor’s license shall designate at least one individual as the applicant’s RMI and;

(a) Provide evidence that the applicant’s RMI has completed the pre-licensure training and passed the test, as provided for in ORS 701.122, OAR 812-006-0150 and 812-006-0300;

(b) Document that the applicant’s RMI has experience as required by OAR 812-006-0450; or

(c) Document that the applicant’s RMI has: (A) Completed the pre-licensure training as provided in OAR 812-

006-0160; (B) Passed the National Association of State Contractor Licensing

Agencies (NASCLA) Accredited Examination for Commercial General Building Contractors as provided in OAR 812-006-0310; and

(C) Passed the Oregon pre-licensure test as provided in OAR 812-006-0300.

(3) [An] Except as provided in OAR 812-006-0110, an individual who is not an owner may not be designated as the RMI of more than one licensee.

(4) An RMI may not be an approved pre-licensure training provider or the principal of an approved pre-licensure training provider or an approved pre-licensure trainer, as provided in OAR 812-006-0200, while serving as an RMI for a licensee. For purposes of this rule, the principal of an approved pre-licensure training provider includes any owner, partner, officer, member, manager or trustee of the provider.

(5) When an RMI leaves a business, the business shall: (a) Immediately appoint another RMI or immediately appoint a

temporary RMI as provided in OAR 812-006-0110; and (b) Immediately notify the agency in writing of the name of the

newly appointed individual [and the date the individual joined the business].

(6) [An] Except as provided in OAR 812-006-0110, an RMI appointed under section (5) of this rule must:

(a) Document completion of the pre-licensure training and testing requirements under ORS 701.122, OAR 812-006-0150 and 812-006-0300;

(b) Document that the RMI has experience as required by OAR 812-006-0450; or

(c) Document that the applicant’s RMI has: (A) Completed the pre-licensure training as provided in OAR 812-

006-0160; (B) Passed the National Association of State Contractor Licensing

Agencies (NASCLA) Accredited Examination for Commercial General Building Contractors as provided in OAR 812-006-0310; and

(C) Passed the Oregon pre-licensure test as provided in OAR 812-006-0300.

OAR 812-006-0100 is amended to recognize that a contractor may appoint a temporary responsible managing individual (RMI). Appointing a temporary RMI is covered in a new rule, OAR 812-006-0110. At the request of the Licensing Manager, the rule is also amended to delete the requirement that a business notify CCB of the date its RMI joined the business. This information is unnecessary.

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Stat. Auth.: ORS 670.310, 701.122 & 701.235 Stats. Implemented: ORS 701.005, 701.091 & 701.122 (12/01, 8/05, 5/06, 9/06, 6/08, 11/08, 4/13 eff. 5/1/13, 6/16 eff. 7/1/16)

(Amended and renumbered from 812-006-0011, 9/06) 812-006-0110 Temporary Responsible Managing Individual

(1) If a contractor or business is required by ORS chapter 701 to have a responsible managing individual (RMI) and the appointed RMI ceases to serve as the RMI for any reason, the contractor or business may appoint a temporary RMI. To appoint a temporary RMI, the contractor or business must, within 3 calendar days of appointment, notify the board that the contractor or business has appointed a temporary RMI.

(2) The contractor or business must provide the following information to the board:

(a) The name of the previously appointed RMI; (b) The date the previously appointed RMI ceased acting as the

RMI for the contractor or business; (c) The date the contractor or business appointed the

temporary RMI; (d) The name and address of the temporary RMI; and (e) The temporary RMI’s relationship to the contractor or

business. (2) A temporary RMI may serve for a period not to exceed 14

days from the date of notification to the board. Not later than 14 days from the date of notification, the contractor or business must have an RMI qualified under ORS 701.122 and OAR 812-006-0100.

(3) A contractor or business may not appoint a temporary RMI upon initial application.

(4) Failure to maintain an RMI will result in suspension of the license of the contractor or business.

New rule. In accordance with Oregon law (SB 336, 2017), creates a method for a contractor or business to appoint a temporary RMI. A temporary RMI may be appointed at any time except upon initial application for a license. The new rule also establishes time periods during which: (1) a business must notify CCB that it appointed a temporary RMI; and (2) the temporary RMI may act.

812-005-0800 Schedule of Penalties

The agency may assess penalties, not to exceed the amounts shown in the following guidelines:

(1) $600 for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, which may be reduced to $200 if the respondent becomes licensed or to $50 if the advertisement or bid is withdrawn immediately upon notification from the agency that a violation has occurred and no work was accepted as a result of the advertisement or bid; and

(2) $700 per offense without possibility of reduction for advertising or submitting a bid to do work as a contractor in violation of ORS 701.021 and OAR 812-003-0120, when one or more previous violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

(3) $1,000 per offense for performing work as a contractor in violation of ORS 701.021 when the Board has no evidence that the person has worked previously without having a license and no consumer has suffered damages from the work, which may be reduced

Amends schedule of penalties to create a penalty for failing to maintain an RMI. If CCB learns that a business has no RMI, it suspends the license until an RMI is appointed. See ORS 701.091; 701.098(1)(a); OAR 812-006-0110. However, if the board learns after a new RMI (or temporary RMI) was appointed that there was a period without an RMI, or temporary RMI, there is no penalty provision. This amendment would create a penalty provision for such conduct.

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to $700 if the respondent becomes licensed within a specified time; and (4)(a) $5,000 per offense for performing work as a contractor in

violation of ORS 701.021, when an owner has filed a complaint for damages caused by performance of that work, which may be reduced to $700 if the contractor becomes licensed within a specified time and settles or makes reasonable attempts to settle with the owner.

(b) A “complaint for damages” as used in section (4) of this rule includes, but is not limited to:

(A) A Construction Contractors Board Dispute Resolution Services (DRS) complaint; or

(B) A letter to Construction Contractors Board indicating that a citizen has been damaged by the contractor; and

(5) $5,000 per offense for performing work as a contractor in violation of ORS 701.021, when one or more violations have occurred, or when an inactive, lapsed, invalid, or misleading license number has been used; and

(6) $500 per offense for failure to respond to the agency’s request for the list of subcontractors required in ORS 701.345; and

(7) $1,000 per offense for hiring a unlicensed subcontractor; and (8) For failing to provide an “Information Notice to Owners about

Construction Liens” as provided in ORS 87.093, when no lien has been filed, $200 for the first offense, $400 for the second offense, $600 for the third offense, $1,000 for each subsequent offense. Any time a lien has been filed upon the improvement, $1,000.

(9) Failure to include license number in advertising or on contracts, in violation of OAR 812-003-0120: First offense $100, second offense $200, subsequent offenses $400.

(10) Failure to list with the Construction Contractors Board a business name under which business as a contractor is conducted in violation of OAR 812-003-0260 or 812-003-0280: First offense $50, second offense $100, subsequent offenses $200.

(11) Failure to notify the Construction Contractors Board of a new or additional business name or personal surname (for sole proprietors) under which business as a contractor is conducted, in violation of OAR 812-003-0320: First offense $50, second offense $100, subsequent offenses $200.

(12) Failing to use a written contract as required by ORS 701.305: $500 for the first offense; $1,000 for the second offense; and $5,000 for subsequent offenses.

(13) Violation of OAR 812-012-0130(1), failure to provide a Consumer Notification form; $100 first offense; $500 second offense; $1,000 third offense; and $5,000 for subsequent offenses. Civil penalties shall not be reduced unless the agency determines from clear and convincing evidence that compelling circumstances require a suspension of a portion of the penalty in the interest of justice. In no event shall a civil penalty for this offense be reduced below $100.

(14) Failure to conform to information provided on the application in violation of ORS 701.046(5), issuance of a $5,000 civil penalty, and suspension of the license until the contractor provides the agency with proof of conformance with the application and the terms of the application.

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(a) If the violator is a limited contractor or residential limited contractor working in violation of the conditions established pursuant to OAR 812-003-0130 or 812-003-0131, the licensee shall be permanently barred from licensure in the limited contractor category or residential limited contractor endorsement.

(b) If the violator is a licensed developer, residential developer or commercial developer working in violation of the conditions established pursuant to ORS 701.005(3), (6) or (14) or 701.042, the licensee shall be permanently barred from licensure in the licensed developer category or residential developer or commercial developer endorsement.

(15) Knowingly assisting an unlicensed contractor to act in violation of ORS chapter 701, $1,000.

(16) Failure to comply with any part of ORS chapters 316, 656, or 657 or with ORS 701.035, 701.046 or 701.091, $1,000 and suspension of the license until the contractor provides the agency with proof of compliance with the statute.

(17) Violating an order to stop work as authorized by ORS 701.225(6), $1,000 per day.

(18) Working without a construction permit in violation of ORS 701.098, $1,000 for the first offense; $2,000 and suspension of CCB license for three (3) months for the second offense; $5,000 and permanent revocation of CCB license for the third and subsequent offenses.

(19) Failure to comply with an investigatory order issued by the Board, $500 and suspension of the license until the contractor complies with the order.

(20) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public: first offense, $1,000, suspension of the license or both; second and subsequent offenses, $5,000, per violation, revocation or suspension of the license until the fraudulent conduct is mitigated in a manner satisfactory to the agency or both.

(21) Engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public by:

(a) Not paying prevailing wage on a public works job; or (b) Violating the federal Davis-Bacon Act; or (c) Failing to pay minimum wages or overtime wages as required

under state and federal law; or (d) Failing to comply with the payroll certification requirements of

ORS 279C.845; or (e) Failing to comply with the posting requirements of ORS

279C.840: $1,000 and suspension of the license until the money required as

wages for employees is paid in full and the contractor is in compliance with the appropriate state and federal laws.

(22) Violation of ORS 701.098(1)(L) by engaging in conduct as a contractor that is dishonest or fraudulent and injurious to the welfare of the public, as described in sections (20) or (21), where more than two violations have occurred: $5,000 and revocation of the license.

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(23) When, as set forth in ORS 701.098(1)(h), the number of licensed contractors working together on the same task on the same job site, where one of the contractors is licensed exempt under ORS 701.035(2)(b), exceeded two sole proprietors, one partnership, or one limited liability company, penalties shall be imposed on each of the persons to whom the contract is awarded and each of the persons who award the contract, as follows: $1,000 for the first offense, $2,000 for the second offense, six month suspension of the license for the third offense, and three-year revocation of license for a fourth offense.

(24) Performing home inspections without being an Oregon certified home inspector in violation of OAR 812-008-0030(1): $5,000.

(25) Using the title Oregon certified home inspector in advertising, bidding or otherwise holding out as a home inspector in violation of OAR 812-008-0030(3): $5,000.

(26) Failure to conform to the Standards of Practice in violation of OAR 812-008-0202 through 812-008-0214: $750 per offense.

(27) Failure to conform to the Standards of Behavior in OAR 812-008-0201(2)-(4): $750 per offense.

(28) Offering to undertake, bidding to undertake or undertaking repairs on a structure inspected by an owner or employee of the business entity within 12 months following the inspection in violation of ORS 701.355: $5,000 per offense.

(29) Failure to include certification number in all written reports, bids, contracts, and an individual’s business cards in violation of OAR 812-008-0202(4): $400 per offense.

(30) Violation of work practice standards for lead-based paint (LBP) activity pursuant to OAR 812-007-0140 or 812-007-0240 first offense, $1,000; second offense, $3,000; and third offense, $5,000 plus suspension of license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(31) Violation of work practice standards for LBP renovation pursuant to OAR 812-007-0340 or violation of recordkeeping and reporting requirements pursuant to OAR 333-070-0110: first offense, $1,000; second offense, $3,000; and third offense, $5,000 and suspension of the certified LBP renovation contractor license for up to one year. The civil penalty is payable to the Construction Contractors Board LBP Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(32)Violation of OAR 812-007-0100, 812-007-0200 or 812-007-0300: first offense, $1,000; second offense, $3,000; and third offense, $5,000. The civil penalty is payable to the Construction Contractors Board Lead-Based Paint (LBP) Activities Fund as provided in ORS 701.995 and OAR 812-007-0025.

(33) Violation of ORS 279C.590: (a) Imposition of a civil penalty on the contractor of up to ten

percent of the amount of the subcontract bid submitted by the complaining subcontractor to the contractor or $15,000, whichever is less; and

(b) Imposition of a civil penalty on the contractor of up to $1,000; and

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(c) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS 701.227(4), for a period of up to six months for a second offense if the offense occurs within three years of the first offense.

(d) Placement of the contractor on a list of contractors not eligible to bid on public contracts established to ORS 701.227(4), for a period of up to one year for a third or subsequent offense if the offense occurs within three years of the first offense.

(34) Violation of ORS 701.315, inclusion of provisions in a contract that preclude a homeowner from filing a breach of contract complaint with the Board: $1,000 for the first offense, $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(35) Violation of ORS 701.345, failure to maintain the list of subcontractors: $1,000 for the first offense; $2,000 for the second offense, and $5,000 for the third and subsequent offenses.

(36) Violation of 701.098(1)(f), knowingly providing false information to the Board: $1,000 and suspension of the license for up to three months for the first offense; $2,000 and suspension of the license for up to one year for the second offense; and $5,000 and permanent revocation of license for the third offense.

(37) Failing to provide a written contract with the contractual terms provided by ORS 701.305 or OAR 812-012-0110: $200 for the first offense; $500 for the second offense; and $1,000 for subsequent offenses.

(38) Working while the license is suspended if the licensee was required to provide an increased bond under ORS 701.068(5), 701.068(6), or OAR 812-003-0175: revocation.

(39) Working while the license is suspended for any violation of ORS 701.098(4)(a)(A) or ORS 701.098(4)(a)(B): $5,000 for first offense, and revocation for second or subsequent offense.

(40) Working while the license is suspended for any reason except as otherwise provided for by this rule: revocation.

(41) Failure to comply with ORS 701.106(1)(a); $1,000 for the first offense, $5,000 for the second offense; $5,000 and permanent revocation of CCB license for the third offense.

(42) Failure to deliver as required by ORS 701.109(2) a copy of a final judgment; $200 first offense, $400 second offense; $600 for the third offense; $1,000 for each subsequent offense.

(43) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under OAR 812-003-0200, where there is no claim of loss submitted to the insurance company: first offense, $500; second offense, $1,000; third and subsequent offenses, $5,000.

(44) Failure to maintain insurance as required under ORS 701.073 or to provide proof of insurance as required under OAR 812-003-0200, where there is a claim of loss submitted to the insurance company: first offense, $2,000; second and subsequent offenses, $5,000.

(45) Undertaking, offering to undertake, or submitting a bid to work as a locksmith when an individual is not certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

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(46) Undertaking, offering to undertake, or submitting a bid to provide locksmith services when a business is not a licensed construction contractor or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(47) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the individual is a locksmith, unless an individual is certified as a locksmith or otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(48) Using the title of locksmith, locksmith professional, commercial locksmith, lock installer or any title using a form of the word “locksmith” that indicates or tends to indicate that the business providing locksmith services, unless a business: (a) is a licensed construction contractor, and (b) is owned by or employs a certified locksmith or is otherwise exempt under ORS 701.490: first offense, $1,000; second offense, $3,000; third offense, $5,000.

(49) Violating any applicable provision of the rules in division 30, including violating any standard of professional conduct other than OAR 812-030-0300(4): first offense, $1,000; second offense, $3,000; third offense, $5,000 and revocation of the certificate.

(50) Violating OAR 812-030-0300(4): first offense, $200; second offense, $500; third offense, $1,000.

(51) Working without a responsible managing individual or a temporary responsible managing individual, for whom the contractor has notified the board, first offense, $1,000; second offense, $2,000 and suspension of CCB license for three (3) months; third offense, $5,000 and permanent revocation of CCB license.

Stat. Auth.: ORS 183.310 to 183.500, 670.310, 701.235, 701.515, 701.992 & 701.995

Stats. Implemented: ORS 87.093, 279C.590, 701.005, 701.021, 701.026, 701.042, 701.046, 701.073, 701.091, 701.098, 701.106, 701.109, 701.227, 701.305, 701.315, 701.330, 701.345, 701.480, 701.485, 701.510, 701.515, 701.992 & 701.995 (4/82, 10/82, 1/83, 3/83, 10/83, 3/84, 5/84, 3/85, 4/85, 1/87, 3/87, 1/88, 2/88, 6/88, 1/89, 11/89, 2/90, 3/90, 4/90, 5/90, 6/90, 7/90, 10/90, 11/90, 3/91, 9/91, 1/92, 2/92, 4/92, 6/92, 5/93, 12/93, 1/95, 9/95, 10/95, 8/96, 10/98), temp. 11/99, 5/00, 6/00, temp. 11/00, 4/01, 12/01, temp. 3/02, 3/02, 6/02, 9/02, 12/03, 6/04, 12/04, 12/05, 1/06, 6/06, 12/06, 6/07, 2/08, 6/08, 9/08, 11/08, 1/09 eff. 2/1/09, 5/09, 2/10, 4/10, temp. 7/10, 2/11 eff. 3/1/11, 6/11 eff. 7/1/11, 9/11 eff. 10/1/11, 12/11 eff. 1/1/12, 3/12, 4/12 eff. 5/1/12, 6/14 eff. 7/1/14)

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2/13/2018CONSTRUCTION CONTRACTORS BOARD

ENFORCEMENT CONSENT AGENDA

10/09/2017 - 02/01/2018

NOTICES OF INTENT

File # Respondent Date Amount

1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite

115069 01/22/2018 5,000.00CARPET KINGDOM 701.021(1)

116520 10/27/2017 5,000.00MAHAFFY, ANDY 701.021(1)

117131 11/29/2017 5,000.00SIMPSON, KYLE W 701.021(1)

117134 11/28/2017 1,000.00STRICKLAND, DANIEL LOUIS 701.021(1)

117219 10/27/2017 5,000.00ROBERT G ODEA & MICHELL LYNN WEHL 701.021(1)

117245 10/26/2017 600.00ROLAND, CHARLES 701.021(1)

117262 10/27/2017 1,000.00PARK, CHAN SOO 701.021(1)

117288 10/30/2017 1,000.00GONZALES, DAVID LEE 701.021(1)

117335 11/09/2017 5,000.00HODEL, MATTHEW R 701.021(1)

117342 11/21/2017 4,900.00LANE, CHRISTOPHER LEE 701.021(1)

117344 10/09/2017 1,000.00BENNETT, JAMIE RYAN 701.021(1)

117365 10/10/2017 1,000.00MASSARI, FRANK LYNTON 701.021(1)

117369 10/10/2017 1,000.00AFFORDABLE ROOFING AND EXTERIORS LLC 701.021(1)

117406 10/11/2017 1,000.00GOLD N HANDS CONSTRUCTION LLC 701.021(1)

117411 10/12/2017 1,000.00KINYON, AARON 701.021(1)

117430 10/13/2017 1,000.00PEREZ, PAULO 701.021(1)

117434 11/08/2017 5,000.00ROBERSON, HUTZEL M 701.021(1)

117436 10/16/2017 1,000.00ROBERTS, SAMUEL JOSEPH 701.021(1)

117437 11/21/2017 1,000.00BARLAS, AARON GLEN 701.021(1)

117444 10/18/2017 1,000.00MCGINNIS, SHELLY ANN 701.021(1)

117445 10/17/2017 1,000.00TODD, JAMES SCOTT 701.021(1)

117454 10/24/2017 600.00LEILUA, ALISA RIPINE 701.021(1)

117458 10/18/2017 5,000.00BERENGERS CONSTRUCTION LLC 701.021(1)

117461 10/17/2017 5,000.00OGBORN, JOSHUA MICHAEL 701.021(1)

117462 10/18/2017 600.00BERNAL, GEORGE R 701.021(1)

117466 10/18/2017 5,000.00JACOBO BUSTINZA, JOANN 701.021(1)

117470 10/24/2017 5,000.00MACDONALD, ROB 701.021(1)

117472 10/19/2017 1,000.00RANKIN, KEVIN CRAIG 701.021(1)

117473 10/19/2017 600.00PREFERRED BUILDING CONTRACTORS LLC 701.021(1)

117480 10/19/2017 12,600.00GUTIERREZ, ADOLFO 701.021(1)

117483 10/20/2017 5,000.00PALMBLAD MEADOWS LLC 701.021(1)

117488 10/20/2017 1,000.00BAKER, ROSS ALLAN 701.021(1)

117492 12/04/2017 5,000.003KEY INVESTMENTS LLC 701.021(1)


117499 10/20/2017 1,000.00JENSEN, JESSE JACOB 701.021(1)

117504 11/09/2017 5,000.00VASQUEZ, JULIAN CHRISTOPHER 701.021(1)

117505 10/24/2017 1,000.00GRIFFITH, MARK OLAV 701.021(1)

117506 12/11/2017 5,000.00GOLSON JR, CURTIS LEE 701.021(1)

117507 12/22/2017 5,000.00FATAUA, SIONE LUA TANFITAU 701.021(1)

117508 10/25/2017 1,000.00ASPHALT PROS USA LLC 701.021(1)

189 of 113



10/09/2017 - 02/01/2018

NOTICES OF INTENT (cont.)


1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE (cont.)

Cite

117509 10/24/2017 1,000.00CLARKE, KURT MICHAEL 701.021(1)

117511 10/24/2017 600.00CARLTON, KAITLYN ELIZABETH 701.021(1)

117526 10/30/2017 1,000.00L A CONSTRUCTION LLC 701.021(1)

117533 10/30/2017 600.00HATCHER, KARLI R 701.021(1)

117536 10/26/2017 1,000.00NEWMAN, CURTIS EUGENE 701.021(1)

117537 10/26/2017 1,000.00SAUCEDO, JEREK CRUZ 701.021(1)

117545 12/07/2017 5,000.00MEDFORD, AUSTIN 701.021(1)

117553 10/26/2017 1,000.00STIEBEN, TIMOTHY ANDREW 701.021(1)

117568 10/27/2017 1,000.00OBRIEN, JESS EVERETT 701.021(1)

117574 10/27/2017 700.00TURNER PLASTERING INC 701.021(1)

117589 12/29/2017 600.00WORTHEN, JAMES 701.021(1)

117591 10/30/2017 5,000.00MERRIWEATHER, SCOTT RANDALL 701.021(1)

117594 10/30/2017 1,000.00VILLADONGA, LUIS N/A 701.021(1)

117595 10/31/2017 1,000.00STREBENDT, DOUGLAS LEE 701.021(1)


117599 10/30/2017 1,000.00JOHNSTON, JASON WADE 701.021(1)

117603 10/31/2017 1,000.00GOEHRING, TIMOTHY JOE 701.021(1)

117606 10/31/2017 1,000.00KELLY, DUSTIN WILLIAM 701.021(1)

117613 10/31/2017 700.00KISER, JARED 701.021(1)

117614 11/01/2017 600.00JENNINGS, ROBERT LESTER 701.021(1)

117620 10/31/2017 5,000.00COLE FLOOR COVERING LLC 701.021(1)

117636 11/01/2017 600.00BENNETT, JAMIE RYAN 701.021(1)

117643 11/01/2017 3,000.00WILSON, CHRISTOFER SCOTT 701.021(1)

117646 11/03/2017 1,000.00MALUA, SIONE VAIHUNATU 701.021(1)

117651 11/02/2017 1,000.00MCPHEE III, WILLIAM JAMES 701.021(1)

117652 11/03/2017 600.00ESTRADA, EFRAIN 701.021(1)

117655 11/06/2017 5,000.00COOLEY, CHERI D 701.021(1)

117664 11/30/2017 700.00ROSE, WAYNE PETER 701.021(1)

117682 11/08/2017 1,000.00PERRY, ANTHONY FRANKLIN 701.021(1)

117684 11/07/2017 1,000.00STRAWN, TIM ALAN 701.021(1)

117688 11/14/2017 1,000.00MANITSAS, JOHN LUKE 701.021(1)

117690 11/08/2017 600.00MCCULLERS, JOE C 701.021(1)


117701 11/08/2017 700.00FRISON, CRAIG ANDREW 701.021(1)

117706 11/08/2017 700.00LEE, KOREY ROBERT 701.021(1)

117712 11/09/2017 1,000.00ARAON CONSTRUCTION LLC 701.021(1)

117715 11/09/2017 1,000.00HAYES, RYAN CHARLES 701.021(1)

117717 11/14/2017 1,000.00MAIER ROOFING CO INC 701.021(1)

117730 11/13/2017 5,000.00WOOD, BENJAMIN LYLE 701.021(1)

117746 11/16/2017 1,000.00ZAVALA VARGAS, JOSE MANUEL 701.021(1)

290 of 113



10/09/2017 - 02/01/2018




Cite

117747 12/11/2017 5,000.00SHELLY ANN RICHART & PAUL R MILKOVICH 701.021(1)

117765 11/15/2017 700.00CONKLIN DRYWALL INC 701.021(1)

117767 11/16/2017 5,000.00GUTHRIE JR, JAMES DALE 701.021(1)

117777 11/28/2017 5,000.00GALE, ELISEI A 701.021(1)

117778 11/17/2017 5,000.00THE FENCE DOCTOR 541 LLC 701.021(1)

117795 11/17/2017 1,000.00LIEN, NICHOLAS S 701.021(1)

117807 12/15/2017 5,000.00HAUDENSHILD, JOHN CALVIN 701.021(1)

117808 11/21/2017 5,000.00JONES, CARSON COREY 701.021(1)

117819 11/21/2017 600.00HARRINGTON, MATT 701.021(1)

117820 11/22/2017 5,000.00TILLERY, RICHARD LEE 701.021(1)

117823 11/21/2017 5,000.00VERDON, JOEL JOHN 701.021(1)

117836 12/06/2017 1,000.00HORNE BROTHERS CONSTRUCTION INC 701.021(1)

117837 12/12/2017 1,000.00FORTRESS FENCING LLC 701.021(1)

117839 11/27/2017 5,000.00BLAIR, CHRISTOPHER SCOTT 701.021(1)

117844 12/22/2017 1,000.00POPE, JEFFREY DAVID 701.021(1)


117849 12/05/2017 1,000.00NGUYEN, DONG THANH 701.021(1)


117855 12/05/2017 600.00KAPRAUN, GERARD HENRY 701.021(1)

117864 12/05/2017 5,000.00PRECISE ROOFING LLC- ATTN: MORRIS YASAVILIAN 701.021(1)

117871 11/30/2017 600.00AUST, RICHARD G 701.021(1)

117872 12/04/2017 5,000.00HEIDE, DWAYNE ROBERT 701.021(1)

117874 12/06/2017 700.00TODD E WING CONSTRUCTION LLC 701.021(1)

117879 12/07/2017 5,000.00NONNENMACHER, MICHAEL J 701.021(1)

117893 12/06/2017 1,000.00GLOBAL PAVING LLC 701.021(1)

117900 12/06/2017 5,000.00WILSON, AUSTIN LEE 701.021(1)

117904 12/05/2017 1,000.00SELLE, AUSTIN MARTIN 701.021(1)

117915 12/05/2017 5,000.00WATSON, CORY LEE 701.021(1)

117917 12/07/2017 1,000.00LOPEZ, EDGAR GUDIEL MARTINEZ 701.021(1)

117921 12/06/2017 5,000.00BOWLIN, MICHAEL SIBASTIAN 701.021(1)



117927 12/07/2017 700.00CORNEJO, FERNANDO 701.021(1)

117937 12/08/2017 4,000.00MEDFORD, AUSTIN 701.021(1)

117946 12/11/2017 5,000.00CRABTREE, WILLIAM FRED 701.021(1)

117964 01/15/2018 1,000.00CHAMBERS, WILLIAM EUGENE 701.021(1)

117966 12/08/2017 1,000.00ROTAN, STEVEN ALAN 701.021(1)

117975 12/12/2017 5,000.00GOODRICH, DANIEL BRADLEY 701.021(1)

117976 12/14/2017 5,000.00MCMANUS, JOHN R 701.021(1)

117984 12/12/2017 1,000.00PDX FORWARD LLC 701.021(1)

391 of 113



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Cite

117985 12/13/2017 1,000.00INLINE EXTERIORS LIMITED LIABILITY COMPANY 701.021(1)

117993 12/13/2017 1,000.00HOLMES, FREDRICK JOHN 701.021(1)

117995 12/13/2017 1,000.00POLUSHKIN, GLIKKERIA FILIPOVNA 701.021(1)

117998 12/13/2017 1,000.00US BUILD CONSTRUCTION LLC 701.021(1)

118001 12/14/2017 1,000.00TRAYLOR, JASON SCOTT 701.021(1)

118003 12/18/2017 1,000.00METRO INDUSTRIAL CONTRACTORS LLC 701.021(1)

118004 12/14/2017 5,000.00GOKTAS, FEODOR 701.021(1)

118005 12/14/2017 5,000.00SIMONS, DEBORAH IRENE 701.021(1)

118006 12/14/2017 5,000.00T & G SIDING 701.021(1)

118011 12/15/2017 5,000.00SERJEANT, JAMES EMMETT 701.021(1)

118032 01/08/2018 600.00LOWRIE JR, MARVIN WOODROW 701.021(1)

118034 12/15/2017 5,000.00CHARTER COMMUNICATIONS VII LLC 701.021(1)

118044 12/20/2017 5,000.00MUCHMORE, CASEY BRIAN 701.021(1)

118045 12/20/2017 1,000.00GALEA, ADAM CHRISTRIAN 701.021(1)

118048 12/20/2017 600.00MISURACA, AIRIAN JOVAN 701.021(1)

118049 12/19/2017 5,000.00KENNEDY, ANTHONY MANUEL 701.021(1)


118055 12/25/2017 5,000.00GURETZKI, DOUGLAS KENT 701.021(1)

118059 12/22/2017 1,000.00ESSELSTROM ENTERPRISES LLC 701.021(1)

118062 12/21/2017 5,000.00EMPIRE BUILDING COMPANY LLC 701.021(1)

118064 12/21/2017 5,000.00ON THE SPOT CONCRETE INC 701.021(1)

118067 02/01/2018 700.00STEVENS, DEAN HOYT 701.021(1)

118068 12/21/2017 1,000.00ODELL, JESSE JAMES DEAN 701.021(1)

118070 12/22/2017 1,000.00BROWN, MICHAEL DOUGLAS 701.021(1)

118075 12/22/2017 5,000.00RICE, BRIAN SCOT 701.021(1)

118083 12/29/2017 700.00WHITE, ANTHONY CHARLES 701.021(1)

118086 01/02/2018 5,000.00GALLAGHER IV, WILLIAM L 701.021(1)

118092 01/05/2018 600.00KEYSTONE RETAIL & COMMERCIAL 701.021(1)

118096 01/02/2018 5,000.00HUIE JR, JAMES LARRY 701.021(1)

118100 01/17/2018 5,000.00GRANGER JUNIOR, EMMITT LEE 701.021(1)

118108 01/04/2018 5,000.00JENNINGS, PETER JOSEPH 701.021(1)

118126 01/24/2018 5,000.00CASON SR., TERRY 701.021(1)

118127 01/03/2018 5,000.00BELLINGHAM, ROSS EDWARD 701.021(1)

118146 01/05/2018 1,000.00TRACHSEL, MATTHEW JAMES 701.021(1)

118153 01/30/2018 4,200.00AISEA, OLOSENI 701.021(1)

118159 01/09/2018 5,000.00KACHANKOV, SERGEY VALDIMIROVICH 701.021(1)

118160 01/12/2018 5,000.00CEDAR FENCE & DECKS CONSTRUCTION LLC 701.021(1)

118162 01/24/2018 6,000.00ATEK INTERNATIONAL LLC 701.021(1)

118171 01/09/2018 1,000.00VARGAS, JOSE LOPEZ 701.021(1)

118176 01/12/2018 1,000.00A M PACIFIC CONSTRUCTION LLC 701.021(1)

492 of 113



10/09/2017 - 02/01/2018




Cite

118186 01/12/2018 600.00BOLLES, PABLO 701.021(1)

118196 01/12/2018 1,000.00FIRSTLINE LOCKSMITH INC 701.021(1)

118200 01/15/2018 1,000.00CROSS COUNTRY EQUITY LLC 701.021(1)

118201 01/15/2018 1,000.00BALDWIN CONSTRUCTION LLC 701.021(1)

118220 01/22/2018 5,000.00PFANNENSTIEL, AARON JEROME 701.021(1)

118222 01/17/2018 1,000.00FRONTIER COMMUNICATIONS NORTHWEST INC 701.021(1)


118234 01/18/2018 1,000.00DUARTE, JOHNNIE AUGUSTINE 701.021(1)

118235 01/31/2018 5,000.00OREGON GREENHOUSE COMPANY LLC 701.021(1)

118245 01/18/2018 600.00BISHOP, JAMES GLEN 701.021(1)

118247 01/19/2018 600.00HOUSEN, DENISE 701.021(1)



118252 01/22/2018 9,100.00ROSE, WAYNE PETER 701.021(1)

118253 01/19/2018 600.00POWER, NEOTRIC 701.021(1)

118287 01/23/2018 600.00WEST, DAJUAN M 701.021(1)


118289 01/25/2018 600.00CITIZEN, L LAURALYN 701.021(1)


118321 01/25/2018 600.00CTI HOSPITALITY INC. 701.021(1)

118325 01/25/2018 600.00PERSONA INC 701.021(1)

118329 01/25/2018 600.00INTERSTATE PLASTERING & MASONRY LLC 701.021(1)

118330 01/25/2018 600.00ONITY INC 701.021(1)

118332 01/25/2018 1,000.00AGRA TECH LLC 701.021(1)

118334 01/25/2018 600.00HOSPITALITY SERVICES COMPANY LLC 701.021(1)

118336 01/25/2018 600.00HOWARD, MELVIN CRAIG 701.021(1)

118348 01/26/2018 5,000.00DYNASTY CONSTRUCTION INC 701.021(1)


118360 01/29/2018 5,000.00DO IT RIGHT BUILDERS LIMITED 701.021(1)

118370 02/01/2018 7,200.00PAUL R MILKOVICH & SHELLY ANN RICHART 701.021(1)

118379 02/01/2018 1,000.00LOPEZ-LOPEZ, JOSE ROSA 701.021(1)

118389 02/01/2018 600.00WRIGHT, BRIAN R 701.021(1)

118390 02/01/2018 1,000.00HASEY, MICHAEL JEREMY 701.021(1)

118394 02/01/2018 600.00FAZEKAS, MICHAEL ANTHONY 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite

117298 10/10/2017 1,000.00EAGLE CAP PLUMBING INC 701.035(3)

117334 10/10/2017 1,000.00SCOTT, STEVEN HUGH 701.035(3)

117351 10/09/2017 1,000.00PENN, DYLAN MICHAEL 701.035(3)

593 of 113



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2 - EXEMPT CONTRACTOR WITH EMPLOYEES (cont.)

Cite

117367 10/09/2017 1,000.00ACKERMAN, CAROLYN 701.035(3)


117390 10/10/2017 1,000.00JONATHAN DANIEL WESTFALL & STEPHEN JOSEPH

WESTFALL

701.035(3)

117407 10/11/2017 1,000.00VERY GOOD CONTRACTING LLC 701.035(3)

117428 10/13/2017 1,000.00FORD, JESSE DANIEL 701.035(3)

117471 10/24/2017 1,000.00ZAMORA ARJONA, OSCAR ABEL 701.035(3)

117485 10/23/2017 1,000.00ARTISTIC SIDING LLC 701.035(3)


117502 10/26/2017 1,000.00GRONBACH, RONALD WILLIAM 701.035(3)

117565 10/27/2017 1,000.00CRYSTALRIDGE DEVELOPMENT INC 701.035(3)

117588 10/27/2017 1,000.00HAYDEN, CARY L 701.035(3)

117605 10/31/2017 1,000.00WELLS, WESLEY ALAN 701.035(3)

117622 10/31/2017 1,000.00CLEARVIEW PROPERTY SERVICES LLC 701.035(3)

117650 11/02/2017 1,000.00GREENSTREET, DESTIN LEE 701.035(3)

117654 11/02/2017 1,000.00JACKSON, DENNY 701.035(3)

117659 11/03/2017 1,000.00HYPE HOMES LLC 701.035(3)

117681 11/07/2017 1,000.00CRABTREE, SHEY LANDON 701.035(3)

117686 11/07/2017 1,000.00A PLUS QUALITY CONSTRUCTION LLC 701.035(3)

117700 11/13/2017 1,000.00HBH CONSTRUCTION LLC 701.035(3)

117812 11/27/2017 1,000.00A + BUILDERS LLC 701.035(3)

117838 11/28/2017 1,000.00HOMEINVEST LLC 701.035(3)

117886 12/06/2017 1,000.00JR ROOFING AND SIDING LLC 701.035(3)

117983 12/14/2017 1,000.00OREJUELA, HERICK 701.035(3)

117992 12/12/2017 1,000.00HOME WISE INVESTMENTS LLC 701.035(3)

118007 12/14/2017 1,000.00HOSMER, MARK EVAN 701.035(3)

118015 12/15/2017 1,000.00SMITH, STEPHEN MICHAEL 701.035(3)

118037 12/18/2017 1,000.00TIMBERJAX TREE SERVICE LLC 701.035(3)

118063 12/20/2017 1,000.00PICASSOS PAINTING LLC 701.035(3)

118078 12/25/2017 1,000.00BEARD JR, DANNY GENE 701.035(3)

118102 12/29/2017 1,000.00ARBOR ART TREE SERVICE LLC 701.035(3)

118105 01/05/2018 1,000.00HARMAN CONSTRUCTION INC A CORPORATION OF TEXAS 701.035(3)

118135 01/03/2018 1,000.00CHAVEZ, ABEL 701.035(3)

118158 01/05/2018 1,000.00BRANDVOLD CONSTRUCTION & REMODELING LLC 701.035(3)

118173 01/09/2018 1,000.00BATES CONSTRUCTION LLC 701.035(3)

118193 01/17/2018 1,000.00MATTEUCCI, LUCAS JAMES 701.035(3)

118244 01/18/2018 1,000.00MILLER, MATTHEW GREGORY 701.035(3)

118248 01/19/2018 1,000.00ROBERTS HARDWOOD FLOORS LLC 701.035(3)

118292 01/24/2018 1,000.00EARTHOLIS CONSTRUCTION SERVICES LLC 701.035(3)

118343 01/31/2018 1,000.00ROBLES PAINTING LLC 701.035(3)

694 of 113



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Cite118372 01/31/2018 1,000.00A & D GOFF LLC 701.035(3)

118378 02/01/2018 1,000.00BERNAL FENCES & REMODELING LLC 701.035(3)


3 - LEAD BASED PAINT

Cite

117350 10/10/2017 1,000.00MARLONS PAINTING LLC 701.510(3)

117370 10/10/2017 3,000.00MJ GENERAL CONTRACTOR LLC 701.510(2)

117413 10/18/2017 1,000.00SMITH, CHAD MORGAN 701.510(2)

117546 10/26/2017 1,000.00ESJREMODELING LLC 701.510(2)

117583 10/27/2017 1,000.00VOGELSANG, CLINT A 701.510(2)

117601 10/31/2017 1,000.00HARBOR VIEW REMODELS LLC 701.510(3)

117649 11/07/2017 1,000.00TOTAL COMFORT WEATHERIZATION LTD 701.510(3)

117653 11/03/2017 1,000.00FIVE STAR EXTERIORS CORPORATION 701.510(2)

117743 11/14/2017 1,000.00CLEAN CUT REMODELING & REPAIRS LLC 701.510(2)

117751 11/14/2017 1,000.00NINE DESIGN CONSTRUCTION INC 701.510(2)

117834 11/27/2017 1,000.00R & S OVERHEAD DOORS & GRANITE LLC 701.510(2)

117940 12/08/2017 1,000.00KELLY & SONS CONSTRUCTION INC 701.510(2)

117986 12/12/2017 1,000.00PETROLEUM RESOURCES LLC 701.510(2)

117988 12/12/2017 1,000.00HALSTEAD BUILDING & DESIGN LLC 701.510(2)

118106 12/29/2017 1,000.00MONTGOMERY BUILDERS INC 701.510(2)

118154 01/05/2018 1,000.00BROWN, KEVIN GENE 701.510(2)

118155 01/05/2018 1,000.00RETROFOAM OF OREGON LLC 701.510(2)

118208 01/17/2018 1,000.00GLORY MOUNTAIN INC 701.510(2)

118256 01/19/2018 1,000.00NICHOLAS W HEINZ GENERAL CONTRACTOR INC 701.510(2)

118280 01/23/2018 1,000.00MINISTRY CONSTRUCTION LLC 701.510(2)

118391 02/01/2018 1,000.00HILL CREST CONSTRUCTION LLC 701.510(2)


4 - IMPROPER LICENSE ENDORSEMENT

Cite

117389 10/11/2017 1,000.00A TEAM CONTRACTORS INC 701.021(2)


5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite

117405 10/11/2017 1,000.00RICH DUNCAN CONSTRUCTION INC 701.026(1)

117487 10/20/2017 1,000.00INTERLOCK INDUSTRIES INC 701.026(1)

117500 10/20/2017 1,000.00PIERCE, STEVEN CRAIG 701.026(1)

117713 11/09/2017 1,000.00ARM & HAMMER CONSTRUCTION INC 701.026(1)

117835 12/06/2017 1,000.00CYPRESS CREEK EPC LLC 701.026(1)

117894 12/06/2017 1,000.00STEWART, THOMAS HENRY 701.026(2)

117994 12/13/2017 1,000.00SIDING WORKS INC 701.026(1)

795 of 113



10/09/2017 - 02/01/2018



5 - HIRING AN UNLICENSED SUBCONTRACTOR (cont.)

Cite

117999 12/13/2017 1,000.00MACADAM FLOOR & DESIGN LLC 701.026(1)

118002 12/13/2017 1,000.00FISH CONSTRUCTION NW INC 701.026(1)

118147 01/05/2018 1,000.00CT JOHNSON INC 701.026(1)

118207 01/23/2018 1,000.00SEGO CONTRACTORS INC 701.026(1)

118323 01/25/2018 1,000.00KEY CONSTRUCTION INC A CORP OF KANSAS 701.026(1)







6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite

117238 10/20/2017 200.00PARKER, HARVEY EUGENE 087.093(2)

117474 11/03/2017 200.00ROBS SUPERIOR & SONS PLUMBING SERVICE INC 087.093(2)



117618 12/05/2017 200.00MORGAN, TAYLOR JOSHUA 087.093(2)

117619 11/08/2017 200.00MOHAWK CONCRETE LLC 087.093(2)

117640 11/29/2017 200.00GLOBAL CORPORATION 087.093(2)





117696 11/14/2017 200.00WEST COAST METAL BUILDINGS INC 087.093(2)



117741 12/19/2017 1,000.00ANTHONY E FORK & RUSSELL BRIAN FORK 087.093(2)

117802 11/21/2017 600.00BANYAN BUILT CONSTRUCTION INC 087.093(2)

117822 11/21/2017 1,000.00BANYAN BUILT CONSTRUCTION INC 701.330(4)


117865 11/30/2017 100.00KELLY, DUSTIN WILLIAM 701.330(4)

117867 12/08/2017 200.00JACOBO BUSTINZA, JOANN 087.093(2)

117884 12/01/2017 200.00SUMMIT BUILDERS LLC 087.093(2)



117911 12/05/2017 100.00BRETT JANZ INTERIORS LLC 701.330(4)



118057 12/19/2017 100.00ANTHONY E FORK & RUSSELL BRIAN FORK 701.330(4)

896 of 113



10/09/2017 - 02/01/2018



6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES (cont.)

Cite


118131 01/03/2018 200.00TOPNOTCH CONSTRUCTION NW LLC 087.093(2)

118228 01/30/2018 200.00A&N RESTORATION LLC 087.093(2)

118240 01/29/2018 200.00HIGHLAND CONSTRUCTION INCORPORATED 087.093(2)

118296 01/23/2018 200.00SEGO CONTRACTORS INC 087.093(2)



118339 01/25/2018 200.00GAITTENS MCLEMORE, SHANNON RYAN 087.093(2)








7 - SUSPENSIONS

Cite

117366 10/09/2017 0.00FORD, LEWIS FRANKLIN GRIFFITH 701.098(1)(b)

117401 10/11/2017 0.00CBI DEVELOPMENT INC 701.068(8)

117403 10/31/2017 0.00LONESTAR CONSTRUCTION LLC 701.068(6)

117427 10/12/2017 0.00CABINET CURES OF CENTRAL OREGON LLC 701.102(2)(a)

117429 10/13/2017 0.00AMERICAN REMODELING LLC 701.515(1)(d)

117439 10/13/2017 0.00ANTONOV CONSTRUCTION LLC 701.515(1)(d)

117440 10/13/2017 0.00SCHOENBORN CUSTOM CONSTRUCTION INC 701.098(1)(b)

117443 10/13/2017 0.00WOOD & MOORE CONSTRUCTION INC 701.102(2)(a)

117456 10/17/2017 0.00FRALEY, JEFFERY MICHALE 701.102(2)(a)

117460 10/17/2017 0.00THREE BAR CONSTRUCTION INC 701.102(2)(a)

117540 10/26/2017 0.00DIAL ME ROOFING INC 701.102(2)(a)

117541 10/26/2017 0.00PRECISE ROOFING LLC 701.102(2)(a)

117542 10/26/2017 0.00RHODES III, TJ 701.102(2)(a)

117544 10/26/2017 0.00DYAD NOISE INC 701.098(1)(b)

117547 10/26/2017 0.00EVANS CONSOLES INCORPORATED 701.098(1)(b)

117549 10/26/2017 0.00TRAVIS AND ASSOCIATES LLC 701.098(1)(b)

117554 10/26/2017 0.00PHILLIS CONSTRUCTION CO 701.119(2)

117559 10/26/2017 0.00CASCADE CONSTRUCTION SPECIALTIES LLC 701.102(2)(a)

117560 10/26/2017 0.00ON THE MARK LLC 701.102(2)(a)

117563 10/26/2017 0.00CAMARA REMODELING LLC 701.102(2)(a)

117564 10/26/2017 0.00MCCALL, DAVID SHAWN 701.102(2)(a)


117645 11/01/2017 0.00SATHER CONSTRUCTION LLC 701.098(1)(b)

997 of 113



10/09/2017 - 02/01/2018



7 - SUSPENSIONS (cont.)

Cite

117676 11/06/2017 0.00ADVANTAGE RESTORATION AND CONSTRUCTION LLC 701.102(2)(a)

117677 11/06/2017 0.00MCKUHN JR, DOUGLAS EDWARD 701.102(2)(a)

117678 11/06/2017 0.00KBA NORTHWEST LLC 701.102(2)(a)

117679 11/06/2017 0.00CHRIS ALAN CONSTRUCTION AND REMODELING LLC 701.102(2)(a)

117680 11/06/2017 0.00SPIVEY, KYLE C 701.102(2)(a)

117726 11/09/2017 0.00ORIGIS TECHNICS USA INC. 701.098(1)(b)

117727 11/09/2017 0.00JW INSPECTIONS LLC 701.098(1)(b)

117728 11/09/2017 0.00HIGGISON, SAMUEL ALEXANDER 701.102(2)(a)

117732 11/13/2017 0.00PORTER, MICHAEL LYNN 701.515(1)(d)

117734 11/13/2017 0.00PACIFIC RIM CONSTRUCTION INC 701.102(2)(a)


117791 11/17/2017 0.00H & H CONSTRUCTION LLC 701.102(2)(a)

117792 11/17/2017 0.00HAMMER AND HAND INC 701.119(2)

117793 11/17/2017 0.00JARMANDO PAINTING LLC 701.098(1)(b)

117794 11/17/2017 0.00SOLUTIONS PLUS LLC 701.102(2)(a)

117797 11/17/2017 0.00CURTIS HOMES LLC 701.102(2)(a)

117809 11/20/2017 0.00SDC HOME INSPECTIONS INC 701.098(1)(b)

117841 11/28/2017 0.00EAGLE ELECTRIC LLC 701.068(6)

117876 11/30/2017 0.00HIGH N SHINE CONCRETE FLOOR INC 701.098(1)(b)

117877 11/30/2017 0.00SOLUTION CONSTRUCTION INC 701.098(1)(b)

117878 11/30/2017 0.00HENRYS QUALITY UNDERLAYMENT LLC 701.098(1)(b)

117905 12/04/2017 0.00OCEAN CURRENTS LLC 701.106(1)(k)

117926 12/06/2017 0.00BACK TO BEAUTIFUL PAINTING & RESTORATION INC 701.106(1)(k)

117936 12/07/2017 0.00FP INTERIORS LLC 701.106(1)(k)

117939 12/07/2017 0.00DAVIS BROS GENERAL CONTRACTORS INC 701.102(2)(a)

117941 12/07/2017 0.00RUNIONS JR, MARTIN ARDEL 701.102(2)(a)

117942 12/07/2017 0.00STEWART, DANIEL ROBERT 701.102(2)(a)

117943 12/07/2017 0.00NINJA PAINTING LLC 701.102(2)(a)

117944 12/07/2017 0.00ROLFE, ADAM RICHARD 701.102(2)(a)

117945 12/07/2017 0.00UNITED SUBCONTRACTORS INC 701.119(2)

117977 12/11/2017 0.00WOODBURN CONSTRUCTION CO 701.098(1)(b)

117978 12/11/2017 0.00DORMA USA INC 701.098(1)(b)

117979 12/11/2017 0.00HOME WIRE 1 LLC 701.098(1)(b)

118008 12/14/2017 0.00GLOBAL SIGNALS GROUP INC 701.098(1)(b)

118012 12/14/2017 0.00LANDMARK CONSTRUCTION SERVICES UNLIMITED LLC 701.098(1)(b)

118013 12/14/2017 0.00TCA MICROGRID ENERGY LLC 701.098(1)(b)

118017 12/14/2017 0.00MOCH, LAWRENCE J 701.515(1)(d)

118019 12/14/2017 0.00THE PAINTING GUY INC 701.515(1)(d)

118021 12/14/2017 0.00PORTLAND HARDWOOD FLOORING LLC 701.515(1)(d)

118022 12/14/2017 0.00ERIK BYRON BROMS CONSTRUCTION INC 701.515(1)(d)

1098 of 113



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Cite

118023 12/14/2017 0.00LIONS PAINTING & CONSTRUCTION LLC 701.515(1)(d)

118024 12/14/2017 0.00MILLER, STEPHEN DIONYSUS 701.102(2)(a)

118029 12/15/2017 0.00NATIONWIDE SECURITY SOLUTIONS INC 701.098(1)(b)

118030 12/15/2017 0.00ARK PRESSURE WASHING & CONSTRUCTION LLC 701.098(1)(b)

118036 12/15/2017 0.00APEX EXPLOSIVES LLC 701.102(2)(a)

118039 12/15/2017 0.00HIGH DESERT INTERIOR CONSTRUCTION INC 701.102(2)(a)

118040 12/15/2017 0.00PANTER CONSTRUCTION LLC 701.102(2)(a)

118041 12/15/2017 0.00ATKINSON CONSTRUCTION LLC 701.102(2)(a)

118109 01/02/2018 0.003RS CONSTRUCTION MANAGEMENT LLC 701.102(2)(a)

118114 01/02/2018 0.00EAGLE PLUMBING NORTHWEST INC 701.098(1)(b)

118115 01/02/2018 0.00GOODMAN CONSTRUCTION LLC 701.098(1)(b)

118116 01/02/2018 0.00STEVEN HEITEEN CONSTRUCTION INC 701.098(1)(b)

118117 01/02/2018 0.00LLOYD VAN LOON CONSTRUCTION LLC 701.098(1)(b)

118118 01/02/2018 0.00OHARAS CONSTRUCTION INC 701.098(1)(b)

118120 01/02/2018 0.00CMHT INC 701.102(2)(a)

118122 01/02/2018 0.00ROBS SUPERIOR & SONS PLUMBING SERVICE INC 701.102(2)(a)

118143 01/23/2018 0.00RJP INVESTMENTS LLC 701.068(8)

118144 01/04/2018 0.00HOUSEPRO RENOVATION LLC 701.102(2)(a)

118145 01/04/2018 0.00HOUSEPRO RENOVATION LLC 701.102(2)(a)

118180 01/11/2018 0.00ALSTOM GRID LLC 701.098(1)(b)

118188 01/11/2018 0.00NESBITT, JARED LEE 701.102(2)(a)

118189 01/11/2018 0.00PACIFIC NORTHWEST TILE INC 701.102(2)(a)

118191 01/11/2018 0.00UNIQUE CONSTRUCTION INC 701.102(2)(a)

118192 01/11/2018 0.00MEADOW HOMES CONSTRUCTION LLC 701.102(2)(a)

118194 01/11/2018 0.00SIMERAL, WILLIAM ALLEN 701.102(2)(a)

118210 01/15/2018 0.00MATLOCK, TODD WILLIAM 701.102(2)(a)

118214 01/15/2018 0.00SUPERIOR INDUSTRIAL SERVICES & FIELD MACHINING

LLC

701.102(2)(a)

118215 01/15/2018 0.00HARTMANN HOLDINGS LLC 701.102(2)(a)

118258 01/19/2018 0.00OYLER, NORM 701.106(1)(k)

118261 01/22/2018 0.00RONS HEATING & COOLING INC 701.102(2)(a)

118264 01/22/2018 0.00OVATION RESTORATION LLC AN LLC OF WASHINGTON 701.515(1)(d)

118265 01/22/2018 0.00PARROTT, JEFFREY L 701.515(1)(d)

118266 01/22/2018 0.00BRIDGE CITY CONTRACTORS INC 701.098(1)(b)

118267 01/22/2018 0.00IMAGINE ENERGY LLC 701.119(2)

118269 01/22/2018 0.00MASTER ROOTER SERVICE INC 701.098(1)(b)

118270 01/22/2018 0.00ROMANESQUE HOMES LLC 701.102(2)(a)

118271 01/22/2018 0.00TENAS CONCRETE INC 701.102(2)(a)

118274 01/22/2018 0.00DEAN LOYD CONSTRUCTION LLC 701.102(2)(a)

118275 01/22/2018 0.00DO, MICHAEL EUGENE 701.102(2)(a)

1199 of 113



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Cite118277 01/22/2018 0.00OSBURN CONSTRUCTION LLC 701.102(2)(a)

118278 01/22/2018 0.00URBAN CUSTOM HOMES LLC 701.102(2)(a)

118279 01/22/2018 0.00CULLERS, WILLIAM DONALD 701.102(2)(a)

118281 01/22/2018 0.00STANLEY, JAMES B 701.102(2)(a)

118282 01/22/2018 0.00JMS CONSTRUCTION CONCEPTS LLC 701.102(2)(a)

118285 01/22/2018 0.00BYRD III, JAMES HARRISON 701.102(2)(a)

118286 01/22/2018 0.00FLORES, NATHAN EUGENE 701.102(2)(a)

118312 01/24/2018 0.00PARKER, JOHN MATTHEW 701.098(1)(b)

118315 01/24/2018 0.00ZUVER CONSTRUCTION LLC 701.068(8)

118322 01/24/2018 0.00FANTASTIC FINISHES LLC 701.102(2)(a)

118335 01/25/2018 0.00BATTLE BORN CONSTRUCTION INC 701.102(2)(a)

118368 01/29/2018 0.00MAY TECHNOLOGIES INC 701.098(1)(b)

118369 01/29/2018 0.00SG CONCRETE CONSTRUCTION COMPANY 701.102(2)(a)

118371 01/30/2018 0.00BRISCO ROOFING LLC 701.098(1)(b)


8 - OTHER

Cite

117154 12/21/2017 1,000.00ROOF TECH SPECIALTIES LLC 701.098(1)(l)

117207 10/10/2017 1,000.00FLOOR SOLUTIONS LLC 701.098(1)(f)

117360 10/09/2017 0.00STRATTON BROS INC 701.098(1)(f)

117363 10/09/2017 50.00ACKERMAN, CAROLYN 701.098(1)(b)


117388 10/10/2017 200.00JONATHAN DANIEL WESTFALL & STEPHEN JOSEPH

WESTFALL

701.305(2)

117484 10/19/2017 500.00VT CONSTRUCTION LLC 701.305(1)

117493 10/20/2017 1,000.00CHIMUKU MECHANICAL LLC 701.106(1)(j)

117498 10/20/2017 27,000.00EVEN BETTER HOMES INC 701.098(1)(c)

117510 10/26/2017 1,000.00OREGON CEILING & ACOUSTICS LLC 701.046(4)

117524 11/22/2017 100.00PEARCE, RICHARD JACK 701.098(1)(b)

117534 11/08/2017 50.00LOCKSMITH PLUS INC 701.098(1)(b)

117548 10/26/2017 0.00ENVIRONMENT CONTROL EUGENE INC 701.098(1)(f)


117569 10/27/2017 1,000.00VOGELSANG, CLINT A 701.098(1)(c)


117672 11/06/2017 200.00ADAMS, CHARLES CLARK 701.305(2)

117683 11/07/2017 1,000.00WM CONSTRUCTION LLC 701.106(1)(j)

117729 11/15/2017 1,000.00MAGEE, MARTIN ROBERT 701.106(1)(j)

117744 11/14/2017 1,000.00PICHE GROUP INVESTMENTS LLC 701.098(1)(f)

117761 11/15/2017 0.00CRYSTAL STILES CONSTRUCTION CLEANING LLC 701.098(1)(l)

117810 11/20/2017 1,000.00SBC CONSTRUCTION INC 701.106(1)(j)

117847 11/28/2017 1,000.00VYP CORPORATION 701.106(1)(j)

12100 of 113



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8 - OTHER (cont.)

Cite

117862 12/05/2017 1,000.00HAMILTON, ROBERT DARRYL 701.106(1)(j)

117949 12/11/2017 1,000.00HIGH END ENTERPRISES LLC 701.098(1)(g)

117950 12/08/2017 500.00ROJO SANCHEZ, HECTOR 701.305(1)

117956 12/08/2017 50.00ROJO SANCHEZ, HECTOR 701.098(1)(b)

117969 12/11/2017 0.00GARNER, JAMES RAY 701.102(d)

118014 12/14/2017 0.00GIST, DONALD WAYNE 701.098(1)(f)

118035 12/25/2017 1,000.00SCOTT CLAYTON ENTERPRISES INC 701.106(1)(j)


118074 12/22/2017 1,000.00KELLY & SONS CONSTRUCTION INC 701.106(1)(j)

118085 01/05/2018 500.00J & H HOME SERVICES LLC 701.305(1)

118091 01/02/2018 1,000.00ERICSON ELECTRIC INC 701.098(1)(c)

118129 01/04/2018 1,000.00BELLA VITA CONSTRUCTION LLC 701.098(1)(g)


118140 01/04/2018 200.00MADDAMS, RICHARD 701.305(2)

118156 01/05/2018 0.00SWIFTSURE ENERGY SERVICES LLC 701.529

118246 01/18/2018 500.00BLUE SKY CONTRACTING LLC 701.305(1)

118311 01/24/2018 0.00BIEKER, FRANCIS 701.098(1)(l)

118359 01/26/2018 0.00BIEKER, MICHAEL P 701.098(1)(l)


9 - CRIMINAL / INJUNCTIONS / STOP WORK

Cite

117482 10/19/2017 0.00INTUITIVE DESIGN CONSTRUCTION LLC 701.098(1)(i)

117845 11/28/2017 0.00DIAMOND RIDGE BUILDERS LLC 701.098(1)(i)

117897 12/04/2017 0.00CHERNISHOFF, ANTON 701.098(1)(i)

13101 of 113



10/09/2017 - 02/01/2018

FINAL ORDERS


1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE

Cite


116517 10/19/2017 1,000.00KENNEDY, TIMOTHY JAMES OWEN 701.021(1)

116520 11/17/2017 5,000.00MAHAFFY, ANDY 701.021(1)

116642 10/17/2017 600.00ALL GUTTERS & MORE LLC 701.021(1)

116871 10/10/2017 1,000.00MATAELE, TEVITA 701.021(1)

116872 10/27/2017 1,000.00DIVISIONS INC 701.021(1)

116922 10/17/2017 5,000.00STEVENS, DEAN HOYT 701.021(1)

116936 10/25/2017 5,000.00DOUG GURETZKI LLC 701.021(1)

116965 10/19/2017 5,000.00TIMBER CREEK CONSTRUCTION 1 LLC 701.021(1)

116977 10/11/2017 5,000.00BOALS, DAVID JAMES 701.021(1)

117047 10/09/2017 600.00INTEGRATED AUDIO VIDEO LLC 701.021(1)

117048 10/20/2017 1,000.00MULZ, GREGORY CHRISTOPHER 701.021(1)

117050 10/11/2017 5,000.00POP SIGN INC 701.021(1)

117054 10/26/2017 700.00NEW IMAGE PAINTING & REMODELINGLLC 701.021(1)

117055 10/25/2017 1,000.00FARRINGTON, EDWARD WILLIAM 701.021(1)

117121 10/25/2017 5,000.00RIVER VIEW CONSTRUCTION LLC 701.021(1)

117123 10/16/2017 1,000.00SHORT, DUANE 701.021(1)

117131 12/22/2017 5,000.00SIMPSON, KYLE W 701.021(1)

117132 10/26/2017 5,000.00RAGAN, BRANDON STEWART 701.021(1)

117148 10/09/2017 1,000.00HOUSEPRO RENOVATION LLC 701.021(1)

117165 11/22/2017 1,000.00WHITMIRE, WILLIAM CODY 701.021(1)

117170 10/11/2017 1,000.00PAULSON, TERRENCE MICHAEL 701.021(1)

117177 10/27/2017 1,000.00BURNS AIR INC 701.021(1)

117182 10/27/2017 5,000.00SCOGGINS, JASON 701.021(1)

117190 10/27/2017 1,000.00HERNANDEZ, ANGEL 701.021(1)

117197 10/17/2017 5,000.00STEVENS, DEAN HOYT 701.021(1)

117199 11/07/2017 1,000.00CALDERON, JUAN LUIS 701.021(1)

117200 10/17/2017 5,000.00MIKKELSON, MICHAEL STEVEN 701.021(1)

117206 11/02/2017 700.00GARCIA, RIGOBERTO GAZGA 701.021(1)

117219 12/01/2017 5,000.00ROBERT G ODEA & MICHELL LYNN WEHL 701.021(1)

117241 11/01/2017 600.00HAMPTON, JASON LEE 701.021(1)

117245 12/12/2017 600.00ROLAND, CHARLES 701.021(1)

117252 10/20/2017 5,000.00A TECH HEATING & AIR CONDITIONING INC 701.021(1)

117262 11/21/2017 1,000.00PARK, CHAN SOO 701.021(1)

117264 10/23/2017 5,000.00TYREE, ANDREW JOSPEH 701.021(1)

117283 11/16/2017 1,000.00RICHARDS, CURTIS ALLAN 701.021(1)

117284 11/29/2017 5,000.00GREENWAY, DEWAYNE JORDAN 701.021(1)

117285 10/27/2017 1,000.00HONEY, WILLIAM DEAN 701.021(1)

117287 01/03/2018 1,000.00FRANCIS, LUKE AARON 701.021(1)

117291 10/27/2017 5,000.00MONTGOMERY, MICHAEL A 701.021(1)

14102 of 113



10/09/2017 - 02/01/2018

FINAL ORDERS (cont.)



Cite

117295 11/30/2017 5,000.00TATE, DENNIS LEE 701.021(1)

117296 10/27/2017 5,000.00LOPEZ ORTIZ, RODOLFO 701.021(1)

117297 10/27/2017 1,000.00JOLIE, BRIAN OMER 701.021(1)

117320 12/19/2017 1,000.00WHITE, PATRICK JOSEPH 701.021(1)

117324 12/14/2017 5,000.00MARS HILL CONSTRUCTION LLC 701.021(1)

117327 10/31/2017 600.00HAYDON, CRITTENDON 701.021(1)

117335 12/05/2017 5,000.00HODEL, MATTHEW R 701.021(1)

117336 11/16/2017 1,000.00GREISEN, TRENTON VICTOR 701.021(1)

117339 11/17/2017 1,000.00CUTTER, STEPHEN CHARLES 701.021(1)

117340 10/31/2017 1,000.00VILLANUEVA, ADRIAN 701.021(1)


117344 11/21/2017 1,000.00BENNETT, JAMIE RYAN 701.021(1)

117365 12/01/2017 1,000.00MASSARI, FRANK LYNTON 701.021(1)

117369 11/03/2017 1,000.00AFFORDABLE ROOFING AND EXTERIORS LLC 701.021(1)

117406 11/06/2017 1,000.00GOLD N HANDS CONSTRUCTION LLC 701.021(1)

117436 11/08/2017 1,000.00ROBERTS, SAMUEL JOSEPH 701.021(1)

117437 12/19/2017 1,000.00BARLAS, AARON GLEN 701.021(1)

117444 11/15/2017 1,000.00MCGINNIS, SHELLY ANN 701.021(1)

117445 11/10/2017 1,000.00TODD, JAMES SCOTT 701.021(1)

117458 12/04/2017 5,000.00BERENGERS CONSTRUCTION LLC 701.021(1)

117461 11/15/2017 5,000.00OGBORN, JOSHUA MICHAEL 701.021(1)

117462 11/21/2017 600.00BERNAL, GEORGE R 701.021(1)

117466 11/09/2017 5,000.00JACOBO BUSTINZA, JOANN 701.021(1)

117470 11/16/2017 5,000.00MACDONALD, ROB 701.021(1)

117472 11/14/2017 1,000.00RANKIN, KEVIN CRAIG 701.021(1)

117473 11/14/2017 600.00PREFERRED BUILDING CONTRACTORS LLC 701.021(1)

117480 11/14/2017 12,600.00GUTIERREZ, ADOLFO 701.021(1)


117488 11/14/2017 1,000.00BAKER, ROSS ALLAN 701.021(1)


117499 11/15/2017 1,000.00JENSEN, JESSE JACOB 701.021(1)


117505 11/22/2017 1,000.00GRIFFITH, MARK OLAV 701.021(1)

117506 01/05/2018 5,000.00GOLSON JR, CURTIS LEE 701.021(1)

117508 11/17/2017 1,000.00ASPHALT PROS USA LLC 701.021(1)

117509 12/29/2017 1,000.00CLARKE, KURT MICHAEL 701.021(1)

117526 12/06/2017 1,000.00L A CONSTRUCTION LLC 701.021(1)

117533 12/07/2017 600.00HATCHER, KARLI R 701.021(1)

117536 11/20/2017 1,000.00NEWMAN, CURTIS EUGENE 701.021(1)

117537 11/20/2017 1,000.00SAUCEDO, JEREK CRUZ 701.021(1)

15103 of 113



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Cite

117545 01/03/2018 5,000.00MEDFORD, AUSTIN 701.021(1)

117553 11/20/2017 1,000.00STIEBEN, TIMOTHY ANDREW 701.021(1)

117568 12/01/2017 1,000.00OBRIEN, JESS EVERETT 701.021(1)


117589 01/30/2018 600.00WORTHEN, JAMES 701.021(1)

117591 11/22/2017 5,000.00MERRIWEATHER, SCOTT RANDALL 701.021(1)

117594 11/22/2017 1,000.00VILLADONGA, LUIS N/A 701.021(1)

117595 12/01/2017 1,000.00STREBENDT, DOUGLAS LEE 701.021(1)


117599 11/20/2017 1,000.00JOHNSTON, JASON WADE 701.021(1)

117603 11/28/2017 1,000.00GOEHRING, TIMOTHY JOE 701.021(1)

117606 11/23/2017 1,000.00KELLY, DUSTIN WILLIAM 701.021(1)

117613 12/12/2017 700.00KISER, JARED 701.021(1)

117614 12/19/2017 600.00JENNINGS, ROBERT LESTER 701.021(1)

117636 11/28/2017 600.00BENNETT, JAMIE RYAN 701.021(1)

117646 11/29/2017 1,000.00MALUA, SIONE VAIHUNATU 701.021(1)

117651 12/12/2017 1,000.00MCPHEE III, WILLIAM JAMES 701.021(1)

117655 12/20/2017 5,000.00COOLEY, CHERI D 701.021(1)

117664 12/28/2017 700.00ROSE, WAYNE PETER 701.021(1)

117682 12/29/2017 1,000.00PERRY, ANTHONY FRANKLIN 701.021(1)

117684 12/20/2017 1,000.00STRAWN, TIM ALAN 701.021(1)

117690 12/01/2017 600.00MCCULLERS, JOE C 701.021(1)


117701 12/01/2017 700.00FRISON, CRAIG ANDREW 701.021(1)

117706 12/05/2017 700.00LEE, KOREY ROBERT 701.021(1)

117712 12/05/2017 1,000.00ARAON CONSTRUCTION LLC 701.021(1)

117715 12/21/2017 1,000.00HAYES, RYAN CHARLES 701.021(1)

117717 12/06/2017 1,000.00MAIER ROOFING CO INC 701.021(1)

117730 12/05/2017 5,000.00WOOD, BENJAMIN LYLE 701.021(1)

117746 01/03/2018 1,000.00ZAVALA VARGAS, JOSE MANUEL 701.021(1)

117747 01/04/2018 5,000.00SHELLY ANN RICHART & PAUL R MILKOVICH 701.021(1)

117765 12/15/2017 700.00CONKLIN DRYWALL INC 701.021(1)

117767 12/12/2017 5,000.00GUTHRIE JR, JAMES DALE 701.021(1)

117777 12/22/2017 5,000.00GALE, ELISEI A 701.021(1)

117778 01/05/2018 5,000.00THE FENCE DOCTOR 541 LLC 701.021(1)

117795 12/12/2017 1,000.00LIEN, NICHOLAS S 701.021(1)

117807 01/08/2018 5,000.00HAUDENSHILD, JOHN CALVIN 701.021(1)

117808 12/27/2017 5,000.00JONES, CARSON COREY 701.021(1)

117823 01/04/2018 5,000.00VERDON, JOEL JOHN 701.021(1)

117836 01/08/2018 1,000.00HORNE BROTHERS CONSTRUCTION INC 701.021(1)

16104 of 113



10/09/2017 - 02/01/2018




Cite

117837 01/03/2018 1,000.00FORTRESS FENCING LLC 701.021(1)

117839 12/25/2017 5,000.00BLAIR, CHRISTOPHER SCOTT 701.021(1)





117855 01/03/2018 600.00KAPRAUN, GERARD HENRY 701.021(1)

117864 12/29/2017 5,000.00PRECISE ROOFING LLC- ATTN: MORRIS YASAVILIAN 701.021(1)

117871 01/04/2018 600.00AUST, RICHARD G 701.021(1)

117872 12/29/2017 5,000.00HEIDE, DWAYNE ROBERT 701.021(1)


117879 01/09/2018 5,000.00NONNENMACHER, MICHAEL J 701.021(1)

117893 12/29/2017 1,000.00GLOBAL PAVING LLC 701.021(1)

117900 12/29/2017 5,000.00WILSON, AUSTIN LEE 701.021(1)

117904 12/13/2017 1,000.00SELLE, AUSTIN MARTIN 701.021(1)

117915 01/09/2018 5,000.00WATSON, CORY LEE 701.021(1)




117927 12/29/2017 700.00CORNEJO, FERNANDO 701.021(1)

117937 01/03/2018 4,000.00MEDFORD, AUSTIN 701.021(1)

117946 01/08/2018 5,000.00CRABTREE, WILLIAM FRED 701.021(1)

117966 01/03/2018 1,000.00ROTAN, STEVEN ALAN 701.021(1)


117976 01/09/2018 5,000.00MCMANUS, JOHN R 701.021(1)

117984 01/08/2018 1,000.00PDX FORWARD LLC 701.021(1)

117985 01/09/2018 1,000.00INLINE EXTERIORS LIMITED LIABILITY COMPANY 701.021(1)

117993 01/17/2018 1,000.00HOLMES, FREDRICK JOHN 701.021(1)

117995 12/29/2017 1,000.00POLUSHKIN, GLIKKERIA FILIPOVNA 701.021(1)

117998 01/05/2018 1,000.00US BUILD CONSTRUCTION LLC 701.021(1)

118001 01/12/2018 1,000.00TRAYLOR, JASON SCOTT 701.021(1)

118003 01/10/2018 1,000.00METRO INDUSTRIAL CONTRACTORS LLC 701.021(1)

118004 01/04/2018 5,000.00GOKTAS, FEODOR 701.021(1)

118005 01/04/2018 5,000.00SIMONS, DEBORAH IRENE 701.021(1)

118006 01/04/2018 5,000.00T & G SIDING 701.021(1)

118011 01/08/2018 5,000.00SERJEANT, JAMES EMMETT 701.021(1)


118044 01/29/2018 5,000.00MUCHMORE, CASEY BRIAN 701.021(1)

118045 01/18/2018 1,000.00GALEA, ADAM CHRISTRIAN 701.021(1)

118049 01/22/2018 5,000.00KENNEDY, ANTHONY MANUEL 701.021(1)

17105 of 113



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Cite


118055 01/19/2018 5,000.00GURETZKI, DOUGLAS KENT 701.021(1)

118059 01/17/2018 1,000.00ESSELSTROM ENTERPRISES LLC 701.021(1)

118062 01/01/2018 5,000.00EMPIRE BUILDING COMPANY LLC 701.021(1)

118064 01/30/2018 5,000.00ON THE SPOT CONCRETE INC 701.021(1)

118068 01/29/2018 1,000.00ODELL, JESSE JAMES DEAN 701.021(1)

118075 01/17/2018 5,000.00RICE, BRIAN SCOT 701.021(1)

118083 01/24/2018 700.00WHITE, ANTHONY CHARLES 701.021(1)

118086 01/22/2018 5,000.00GALLAGHER IV, WILLIAM L 701.021(1)

118092 01/30/2018 600.00KEYSTONE RETAIL & COMMERCIAL 701.021(1)

118096 01/17/2018 5,000.00HUIE JR, JAMES LARRY 701.021(1)

118108 01/31/2018 5,000.00JENNINGS, PETER JOSEPH 701.021(1)

118171 01/26/2018 1,000.00VARGAS, JOSE LOPEZ 701.021(1)


2 - EXEMPT CONTRACTOR WITH EMPLOYEES

Cite

117044 10/30/2017 1,000.00NORTHERN HOMES LLC 701.035(3)

117076 10/10/2017 1,000.00NOBLE II, SHAWN ODELL 701.035(3)

117124 10/18/2017 1,000.00911 HANDYMAN LLC 701.035(3)

117136 10/11/2017 1,000.00FAMILY CONSTRUCTION SERVICES LLC 701.035(3)

117137 11/08/2017 1,000.00BALL, MATTHEW RICHARD 701.035(3)

117140 10/11/2017 1,000.00NORTHWESTERN PAINTING LLC 701.035(3)

117146 10/11/2017 1,000.00CREEKSIDE HOMES INC 701.035(3)

117149 10/09/2017 1,000.00HOUSEPRO RENOVATION LLC 701.035(3)

117166 10/11/2017 1,000.00FANTASTIC FINISHES LLC 701.035(3)

117168 11/01/2017 1,000.00FORKNER, JONATHAN TOKE 701.035(3)

117175 10/24/2017 1,000.00LILLIE, O KEITH 701.035(3)

117193 10/16/2017 1,000.00ONEILL, STEPHEN ROBERT 701.035(3)

117205 10/17/2017 1,000.00RAYGOZA, JUAN PABLO 701.035(3)

117214 12/14/2017 1,000.00SIMONSON TREE SERVICE LLC 701.035(3)

117231 12/14/2017 1,000.00ANGEL ARMANDO VASQUEZ RIVERA & ARMANDO

VAZQUEZ GUZMAN & FRANCISCO JAVIER VASQUEZ

GUZMAN

701.035(3)

117263 10/24/2017 1,000.00OREGON ROOF CARE LLC 701.035(3)

117277 11/09/2017 1,000.00GOBER, JEDIDIAH JAMES 701.035(3)

117309 11/07/2017 1,000.00SUTTON, DAVID NATHANIEL DYSINGER 701.035(3)

117310 10/27/2017 1,000.00KELLEY, NICHOLE LYNN 701.035(3)

117331 11/14/2017 1,000.00FUSSELL, DAVID ROBERT 701.035(3)

117334 11/08/2017 1,000.00SCOTT, STEVEN HUGH 701.035(3)

117351 11/01/2017 1,000.00PENN, DYLAN MICHAEL 701.035(3)


18106 of 113



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Cite

117390 11/03/2017 1,000.00JONATHAN DANIEL WESTFALL & STEPHEN JOSEPH

WESTFALL

701.035(3)

117407 11/03/2017 1,000.00VERY GOOD CONTRACTING LLC 701.035(3)

117428 11/20/2017 1,000.00FORD, JESSE DANIEL 701.035(3)

117471 12/04/2017 1,000.00ZAMORA ARJONA, OSCAR ABEL 701.035(3)

117485 11/15/2017 1,000.00ARTISTIC SIDING LLC 701.035(3)


117502 12/22/2017 1,000.00GRONBACH, RONALD WILLIAM 701.035(3)

117588 11/22/2017 1,000.00HAYDEN, CARY L 701.035(3)

117605 11/17/2017 1,000.00WELLS, WESLEY ALAN 701.035(3)

117622 11/23/2017 1,000.00CLEARVIEW PROPERTY SERVICES LLC 701.035(3)

117650 12/01/2017 1,000.00GREENSTREET, DESTIN LEE 701.035(3)

117654 11/29/2017 1,000.00JACKSON, DENNY 701.035(3)

117659 12/29/2017 1,000.00HYPE HOMES LLC 701.035(3)

117681 12/18/2017 1,000.00CRABTREE, SHEY LANDON 701.035(3)

117686 01/10/2018 1,000.00A PLUS QUALITY CONSTRUCTION LLC 701.035(3)

117700 12/11/2017 1,000.00HBH CONSTRUCTION LLC 701.035(3)

117812 01/03/2018 1,000.00A + BUILDERS LLC 701.035(3)

117838 12/21/2017 1,000.00HOMEINVEST LLC 701.035(3)

117886 12/29/2017 1,000.00JR ROOFING AND SIDING LLC 701.035(3)

117983 01/11/2018 1,000.00OREJUELA, HERICK 701.035(3)

117992 01/10/2018 1,000.00HOME WISE INVESTMENTS LLC 701.035(3)

118007 01/08/2018 1,000.00HOSMER, MARK EVAN 701.035(3)

118015 01/10/2018 1,000.00SMITH, STEPHEN MICHAEL 701.035(3)

118037 01/30/2018 1,000.00TIMBERJAX TREE SERVICE LLC 701.035(3)

118063 01/11/2018 1,000.00PICASSOS PAINTING LLC 701.035(3)

118078 01/26/2018 1,000.00BEARD JR, DANNY GENE 701.035(3)

118102 01/31/2018 1,000.00ARBOR ART TREE SERVICE LLC 701.035(3)


3 - LEAD BASED PAINT

Cite

116867 10/09/2017 1,000.00PACIFIC NW DRYWALL & ACOUSTICS LLC 701.510(3)

117056 10/25/2017 1,000.00ROBERTS, SCOTT ALLEN 701.510(2)

117073 10/24/2017 1,000.00R & L PROFESSIONAL PAINTING CO 701.510(2)

117099 10/11/2017 1,000.00MILLER, ROBERT JAMES 701.510(2)

117139 10/18/2017 1,000.00GREAT PRICE CONSTRUCTION LLC 701.510(2)

117176 10/27/2017 1,000.00STUMPTOWN CONSTRUCTION GROUP LLC 701.510(3)

117183 11/03/2017 1,000.00JJ MANAGEMENT LLC 701.510(3)

117204 10/24/2017 1,000.00STILL, DONALD SCOTT 701.510(3)

117223 10/18/2017 1,000.00TALL FIRS BUILDING CO 701.510(3)

19107 of 113



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3 - LEAD BASED PAINT (cont.)

Cite


117249 10/31/2017 1,000.00GLV ENTERPRISES INC 701.510(3)

117253 10/25/2017 1,000.00KRIZAN, DEREK MARSHALL 701.510(2)

117254 11/15/2017 1,000.00KERN CONSTRUCTION INC 701.510(3)

117255 10/31/2017 1,000.00CONFLUENCE DESIGN BUILD INC 701.510(3)

117341 10/31/2017 1,000.00HARTMAN, DAVID JOHN 701.510(2)

117350 11/16/2017 1,000.00MARLONS PAINTING LLC 701.510(3)

117370 11/21/2017 3,000.00MJ GENERAL CONTRACTOR LLC 701.510(2)

117413 11/30/2017 1,000.00SMITH, CHAD MORGAN 701.510(2)

117546 11/20/2017 1,000.00ESJREMODELING LLC 701.510(2)

117583 12/01/2017 1,000.00VOGELSANG, CLINT A 701.510(2)

117649 12/12/2017 1,000.00TOTAL COMFORT WEATHERIZATION LTD 701.510(3)

117653 12/15/2017 1,000.00FIVE STAR EXTERIORS CORPORATION 701.510(2)

117743 12/14/2017 1,000.00CLEAN CUT REMODELING & REPAIRS LLC 701.510(2)

117751 12/07/2017 1,000.00NINE DESIGN CONSTRUCTION INC 701.510(2)

117834 12/13/2017 1,000.00R & S OVERHEAD DOORS & GRANITE LLC 701.510(2)

117940 12/29/2017 1,000.00KELLY & SONS CONSTRUCTION INC 701.510(2)

117986 01/04/2018 1,000.00PETROLEUM RESOURCES LLC 701.510(2)

117988 01/09/2018 1,000.00HALSTEAD BUILDING & DESIGN LLC 701.510(2)

118106 01/23/2018 1,000.00MONTGOMERY BUILDERS INC 701.510(2)

118155 01/25/2018 1,000.00RETROFOAM OF OREGON LLC 701.510(2)


4 - IMPROPER LICENSE ENDORSEMENT

Cite

117389 12/01/2017 1,000.00A TEAM CONTRACTORS INC 701.021(2)


5 - HIRING AN UNLICENSED SUBCONTRACTOR

Cite

117178 10/27/2017 1,000.00STUMPTOWN CONSTRUCTION GROUP LLC 701.026(1)


117337 11/10/2017 1,000.00MAIN, LUCAS JEREMY 701.026(1)

117405 11/15/2017 1,000.00RICH DUNCAN CONSTRUCTION INC 701.026(1)

117487 11/02/2017 1,000.00INTERLOCK INDUSTRIES INC 701.026(1)

117500 11/15/2017 1,000.00PIERCE, STEVEN CRAIG 701.026(1)

117713 12/20/2017 1,000.00ARM & HAMMER CONSTRUCTION INC 701.026(1)

117835 01/03/2018 1,000.00CYPRESS CREEK EPC LLC 701.026(1)

117894 12/12/2017 1,000.00STEWART, THOMAS HENRY 701.026(2)

117994 01/19/2018 1,000.00SIDING WORKS INC 701.026(1)

117999 01/05/2018 1,000.00MACADAM FLOOR & DESIGN LLC 701.026(1)

118002 01/12/2018 1,000.00FISH CONSTRUCTION NW INC 701.026(1)

20108 of 113



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6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES

Cite

117008 10/23/2017 200.00BENNETT, GARY GAIL 087.093(2)

117051 10/26/2017 200.00T & J CHILDERS LLC 087.093(2)

117061 10/12/2017 200.00BRUNOS CONCRETE LLC 087.093(2)



117153 10/26/2017 100.00T & J CHILDERS LLC 701.330(4)

117155 10/26/2017 100.00T & J CHILDERS LLC 701.330(4)




117313 10/26/2017 200.00DORSING CONSTRUCTION INC 087.093(2)













117696 11/22/2017 200.00WEST COAST METAL BUILDINGS INC 087.093(2)



117741 01/10/2018 1,000.00ANTHONY E FORK & RUSSELL BRIAN FORK 087.093(2)

117802 12/15/2017 600.00BANYAN BUILT CONSTRUCTION INC 087.093(2)



117865 12/29/2017 100.00KELLY, DUSTIN WILLIAM 701.330(4)


117884 12/29/2017 200.00SUMMIT BUILDERS LLC 087.093(2)



117911 12/29/2017 100.00BRETT JANZ INTERIORS LLC 701.330(4)





21109 of 113



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6 - FAILURE TO DELIVER RESIDENTIAL CONSTRUCTION NOTICES (cont.)

Cite

118131 01/26/2018 200.00TOPNOTCH CONSTRUCTION NW LLC 087.093(2)


7 - SUSPENSIONS

Cite

114620 10/18/2017 0.00LOCKWOOD CONSTRUCTION INCORPORATED 701.102(2)(a)

115118 12/13/2017 0.00WEICHLEIN, RICK E 701.106(1)(b)

117116 10/16/2017 0.00DOUBLE F WELDING & FABRICATION LLC 701.102(2)(c)

117212 10/18/2017 0.00AZ HOMES INC 701.098(1)(b)

117213 10/13/2017 0.00JMG CONSTRUCTION LLC 701.106(1)(k)

117216 10/13/2017 0.00BUMGARNER JR, RONALD WARREN 701.102(2)(a)

117220 10/13/2017 0.00MAIER ROOFING CO INC 701.102(2)(a)

117222 10/13/2017 0.00BELLA VITA CONSTRUCTION LLC 701.102(2)(a)

117228 10/18/2017 0.00LIBERTY PAINTING LLC 701.102(2)(a)

117257 10/18/2017 0.00SECORD, BENJAMIN GRAHAM 701.102(2)(a)

117319 11/02/2017 0.00R3 SPECIALTY CONTRACTORS LLC 701.102(2)(c)

117366 11/06/2017 0.00FORD, LEWIS FRANKLIN GRIFFITH 701.098(1)(b)

117403 11/23/2017 0.00LONESTAR CONSTRUCTION LLC 701.068(6)

117427 11/02/2017 0.00CABINET CURES OF CENTRAL OREGON LLC 701.102(2)(a)

117440 11/06/2017 0.00SCHOENBORN CUSTOM CONSTRUCTION INC 701.098(1)(b)

117441 10/13/2017 0.00MARICAL, JUSTIN RAND 025.750

117442 10/13/2017 0.00CASTANEDA SALINAS, JUVENAL 025.750

117443 11/03/2017 0.00WOOD & MOORE CONSTRUCTION INC 701.102(2)(a)

117456 11/10/2017 0.00FRALEY, JEFFERY MICHALE 701.102(2)(a)

117460 11/10/2017 0.00THREE BAR CONSTRUCTION INC 701.102(2)(a)

117540 11/16/2017 0.00DIAL ME ROOFING INC 701.102(2)(a)

117541 11/16/2017 0.00PRECISE ROOFING LLC 701.102(2)(a)

117544 11/16/2017 0.00DYAD NOISE INC 701.098(1)(b)

117549 11/16/2017 0.00TRAVIS AND ASSOCIATES LLC 701.098(1)(b)

117550 10/26/2017 0.00WANKER, JOSEPH ROBERT 025.750

117551 10/26/2017 0.00REPP, NICHOLAS ALLEN 025.750

117559 11/16/2017 0.00CASCADE CONSTRUCTION SPECIALTIES LLC 701.102(2)(a)

117560 11/16/2017 0.00ON THE MARK LLC 701.102(2)(a)



117676 11/28/2017 0.00ADVANTAGE RESTORATION AND CONSTRUCTION LLC 701.102(2)(a)

117677 11/28/2017 0.00MCKUHN JR, DOUGLAS EDWARD 701.102(2)(a)

117678 11/28/2017 0.00KBA NORTHWEST LLC 701.102(2)(a)

117679 11/28/2017 0.00CHRIS ALAN CONSTRUCTION AND REMODELING LLC 701.102(2)(a)

117727 12/01/2017 0.00JW INSPECTIONS LLC 701.098(1)(b)

117728 01/03/2018 0.00HIGGISON, SAMUEL ALEXANDER 701.102(2)(a)

22110 of 113



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Cite

117733 11/13/2017 0.00WELCH, WILLIAM JASON 025.750

117734 12/05/2017 0.00PACIFIC RIM CONSTRUCTION INC 701.102(2)(a)


117793 12/13/2017 0.00JARMANDO PAINTING LLC 701.098(1)(b)

117811 11/28/2017 0.00HARTUNG, IAN XAVIER 025.750

117841 12/21/2017 0.00EAGLE ELECTRIC LLC 701.068(6)

117876 12/29/2017 0.00HIGH N SHINE CONCRETE FLOOR INC 701.098(1)(b)

117877 12/29/2017 0.00SOLUTION CONSTRUCTION INC 701.098(1)(b)

117878 12/29/2017 0.00HENRYS QUALITY UNDERLAYMENT LLC 701.098(1)(b)

117926 01/03/2018 0.00BACK TO BEAUTIFUL PAINTING & RESTORATION INC 701.106(1)(k)

117934 12/08/2017 0.00HILL, DALE WAYNE 025.750

117936 01/03/2018 0.00FP INTERIORS LLC 701.106(1)(k)

117938 12/08/2017 0.00PARKER, KILEY THOMAS 025.750

117939 12/29/2017 0.00DAVIS BROS GENERAL CONTRACTORS INC 701.102(2)(a)

117941 12/29/2017 0.00RUNIONS JR, MARTIN ARDEL 701.102(2)(a)

117943 12/29/2017 0.00NINJA PAINTING LLC 701.102(2)(a)

117944 12/29/2017 0.00ROLFE, ADAM RICHARD 701.102(2)(a)

117978 01/04/2018 0.00DORMA USA INC 701.098(1)(b)

117979 01/04/2018 0.00HOME WIRE 1 LLC 701.098(1)(b)

118008 01/05/2018 0.00GLOBAL SIGNALS GROUP INC 701.098(1)(b)

118013 01/05/2018 0.00TCA MICROGRID ENERGY LLC 701.098(1)(b)

118029 01/11/2018 0.00NATIONWIDE SECURITY SOLUTIONS INC 701.098(1)(b)

118031 12/28/2017 0.00CASTANEDA SALINAS, JUVENAL 025.750

118033 12/28/2017 0.00BROWN, NICHOLAS TYLER 025.750

118119 01/02/2018 0.00KOLLMORGAN, RICHARD WAYNE 025.750

118182 01/11/2018 0.00PUGA CASTRO, EDGAR 025.750

118272 01/22/2018 0.00PARRISH, RANDY KEITH 025.750

118273 01/22/2018 0.00REYES RIOS, PEDRO PABLO 025.750


8 - OTHER

Cite

117003 10/23/2017 1,000.00BENNETT, GARY GAIL 701.035(2)(a)



117075 10/24/2017 1,000.00HIGHLAND GUTTERS & FLASHING COMPANY LLC 701.106(1)(j)

117160 10/24/2017 50.00BALL, MATTHEW RICHARD 701.098(1)(b)


117207 11/07/2017 1,000.00FLOOR SOLUTIONS LLC 701.098(1)(f)

117232 10/23/2017 1,000.00VALDEZ, MARSELINO 701.106(1)(j)

117258 10/18/2017 0.00REISING, JOHN BRADLEY 701.098(1)(f)

23111 of 113



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8 - OTHER (cont.)

Cite

117302 10/16/2017 100.00KELLEY, NICHOLE LYNN 701.098(1)(b)

117307 12/06/2017 1,000.00PACIFIC NW GUTTER SERVICE INC 701.106(1)(j)

117311 11/21/2017 1,000.00DALCO INC 701.106(1)(j)

117312 10/27/2017 1,000.00KELLEY, NICHOLE LYNN 701.098(1)(f)

117317 10/26/2017 1,000.00DORSING CONSTRUCTION INC 701.098(1)(g)



117388 11/03/2017 200.00JONATHAN DANIEL WESTFALL & STEPHEN JOSEPH

WESTFALL

701.305(2)

117484 11/30/2017 500.00VT CONSTRUCTION LLC 701.305(1)

117493 11/17/2017 1,000.00CHIMUKU MECHANICAL LLC 701.106(1)(j)

117498 11/02/2017 27,000.00EVEN BETTER HOMES INC 701.098(1)(c)

117510 12/04/2017 1,000.00OREGON CEILING & ACOUSTICS LLC 701.046(4)

117524 12/15/2017 100.00PEARCE, RICHARD JACK 701.098(1)(b)


117548 11/17/2017 0.00ENVIRONMENT CONTROL EUGENE INC 701.098(1)(f)

117569 12/01/2017 1,000.00VOGELSANG, CLINT A 701.098(1)(c)


117672 11/30/2017 200.00ADAMS, CHARLES CLARK 701.305(2)

117683 11/30/2017 1,000.00WM CONSTRUCTION LLC 701.106(1)(j)

117729 12/11/2017 1,000.00MAGEE, MARTIN ROBERT 701.106(1)(j)

117761 01/03/2018 0.00CRYSTAL STILES CONSTRUCTION CLEANING LLC 701.098(1)(l)

117810 12/14/2017 1,000.00SBC CONSTRUCTION INC 701.106(1)(j)

117847 01/05/2018 1,000.00VYP CORPORATION 701.106(1)(j)

117862 12/29/2017 1,000.00HAMILTON, ROBERT DARRYL 701.106(1)(j)

117949 01/08/2018 1,000.00HIGH END ENTERPRISES LLC 701.098(1)(g)

117950 01/04/2018 500.00ROJO SANCHEZ, HECTOR 701.305(1)

117956 01/04/2018 50.00ROJO SANCHEZ, HECTOR 701.098(1)(b)

117969 01/15/2018 0.00GARNER, JAMES RAY 701.102(d)

118014 01/08/2018 0.00GIST, DONALD WAYNE 701.098(1)(f)

118035 01/24/2018 1,000.00SCOTT CLAYTON ENTERPRISES INC 701.106(1)(j)


118074 01/17/2018 1,000.00KELLY & SONS CONSTRUCTION INC 701.106(1)(j)

118085 01/30/2018 500.00J & H HOME SERVICES LLC 701.305(1)

118091 01/17/2018 1,000.00ERICSON ELECTRIC INC 701.098(1)(c)

118129 01/29/2018 1,000.00BELLA VITA CONSTRUCTION LLC 701.098(1)(g)


9 - CRIMINAL / INJUNCTIONS / STOP WORK

Cite

116087 11/27/2017 0.00PORTER, ROBERT VINCENT 701.098(1)(i)

24112 of 113



10/09/2017 - 02/01/2018



9 - CRIMINAL / INJUNCTIONS / STOP WORK (cont.)

Cite

117482 11/14/2017 0.00INTUITIVE DESIGN CONSTRUCTION LLC 701.098(1)(i)

117897 01/11/2018 0.00CHERNISHOFF, ANTON 701.098(1)(i)

25113 of 113