2011 ORS § 701.102¹
Sanction for past unresolved activity
- • probation
(1) As used in this section, construction contractor license means a license issued within the United States to engage in the business of construction contracting.
(2) The Construction Contractors Board may revoke, suspend or refuse to issue a license required under this chapter to a business if:
(a) The business owes a construction debt or has had a construction contractor license revoked or suspended;
(b) An owner, officer or responsible managing individual of the business owes a construction debt or has had a construction contractor license revoked or suspended;
(c) An owner, officer or responsible managing individual of the business was an owner, officer or responsible managing individual of another business at the time the other business incurred a construction debt that is owing or at the time of an event that resulted in the revocation or suspension of the other businesss construction contractor license; or
(d) The board determines that an owner, officer or responsible managing individual of the business is not fit for licensure, based upon information submitted to the board under ORS 701.046 (License application), submitted in a registration of securities described in ORS 701.046 (License application) (2) or discovered by a board investigation under ORS 701.225 (Investigatory powers of board).
(3) The board may place a contractor on probation if a total of three or more complaints are filed with the board under ORS 701.139 (Board authority over disputes) within a 12-month period against the contractor or a former licensed construction contracting business in which the contractor held at least a 10 percent ownership interest, measured as determined by board rule. A contractor may not be placed on probation unless the board determines after investigation that it is likely that the contractor has caused harm to the complainants. The board may require a contractor that is placed on probation to develop a corrective action plan, to attend specific classes and to resolve outstanding complaints. The board may require a contractor that is placed on probation to take training and pass a test, both as described in ORS 701.122 (Training requirements for individuals and businesses). The board shall take action to terminate the contractors license if the contractor is unwilling or unable to comply with the conditions of probation. [Formerly 701.137; 1999 c.344 §8; 1999 c.402 §23a; 2001 c.924 §27; 2005 c.432 §10; 2007 c.648 §27; 2007 c.793 §8; 2009 c.226 §6]