2007 ORS 455.129¹
Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application

(1) Subject to ORS chapter 183, except as provided in subsection (4) of this section, a regulatory body listed in subsection (2) of this section may deny a license, certificate, registration or application or may suspend, revoke, condition or refuse to renew a license, certificate or registration if the regulatory body finds that the licensee, certificate holder, registrant or applicant:

(a) Has failed to comply with the laws administered by the regulatory body or with the rules adopted by the regulatory body.

(b) Has failed to comply with an order of the regulatory body or the Director of the Department of Consumer and Business Services, including but not limited to the failure to pay a civil penalty.

(c) Has filed an application for a license, certificate or registration that, as of the date the license, certificate or registration was issued or the date of an order denying the application, was incomplete in any material respect or contained a statement that, in light of the circumstances under which it was made, was incorrect or misleading in any respect.

(d) Has performed work without appropriate licensing, certification or registration or has employed individuals to perform work without appropriate licensing, certification or registration.

(e) Has failed to meet any condition or requirement to obtain or maintain a license, certificate or registration.

(f) Has acted in a manner creating a serious danger to the public health or safety.

(g) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by the Construction Contractors Board or has failed to pay a civil penalty imposed by the board.

(h) Has been subject to a revocation, cancellation or suspension order or to other disciplinary action by another state in regard to construction standards, permit requirements or construction-related licensing violations or has failed to pay a civil penalty imposed by the other state in regard to construction standards, permit requirements or construction-related licensing violations.

(i) Has, while performing work that requires or that is related to work that requires a valid license or certificate under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor's license), 479.950 (Minimum safety standards) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations), this chapter or ORS chapter 447, 460 or 693, violated any statute or rule related to the state building code.

(j) Is a business, the owner or an officer of which has an outstanding obligation to pay a civil penalty assessed under ORS 455.895 (Civil penalties) or has been the subject of action against the license, certificate or registration by the Department of Consumer and Business Services, the director or any advisory board.

(k) Is a business, owner or officer of a reorganized business entity as defined in ORS 657.682 (Assessments against reorganized business entity), if an owner, officer, shareholder or partner of the reorganized business entity, or a member if the reorganized business entity is a member-managed limited liability company, has been subject to a revocation or suspension order or to a condition or civil penalty under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs), 446.395 (License required) to 446.420 (License required to maintain action), 479.510 (Short title) to 479.945 (Restricted energy contractor's license), 479.950 (Minimum safety standards) or 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations), this chapter or ORS chapter 447, 460, 693 or 701, or by another state in regard to construction standards, permit requirements or construction-related licensing violations.

(L) Is ordered to pay damages under a judgment or arbitration award that relates to construction and that has become final by operation of law or on appeal.

(m) Is a business, the owner or an officer of which was an owner or officer in another business at the time:

(A) The other business was assessed a civil penalty under ORS 455.895 (Civil penalties) that remains unpaid; or

(B) An act or failure to act by any owner or officer of the other business resulted in action being taken against the license, certificate or registration of the other business by the department, the director or any advisory board.

(2) Subsection (1) of this section applies to:

(a) The State Plumbing Board for purposes of licenses issued under ORS 447.010 (Definitions for ORS 447.010 to 447.156 and 447.992) to 447.156 (Sale of uncertified plumbing products prohibited) or ORS chapter 693.

(b) The Electrical and Elevator Board for purposes of licenses issued under ORS 446.210 (Limited maintenance electrician's license required) or 479.510 (Short title) to 479.945 (Restricted energy contractor's license).

(c) The Board of Boiler Rules for purposes of licenses issued under ORS 480.510 (Short title) to 480.670 (Civil penalty for Boiler and Pressure Vessel Law violations).

(d) The department for purposes of licenses issued under this chapter.

(e) The department, subject to Electrical and Elevator Board approval, for purposes of licenses issued under ORS 460.005 (Definitions for ORS 460.005 to 460.175) to 460.175 (Disposition of fees).

(f) The department, subject to Manufactured Structures and Parks Advisory Board approval, for purposes of licenses, certificates and registrations issued under ORS 446.003 (Definitions for ORS 446.003 to 446.200 and 446.225 to 446.285 and ORS chapters 195, 196, 197, 215 and 227) to 446.200 (When noncompliance with city or county regulations authorized), 446.225 (Administration and enforcement of federal manufactured housing safety and construction standards) to 446.285 (Advisory board education programs) and 446.395 (License required) to 446.420 (License required to maintain action).

(3) The department may administer and enforce subsection (1) of this section in the same manner and to the same extent as any advisory board.

(4) This section does not apply to licenses, certificates, registrations or applications for licensure, certification or registration involving inspectors or involving persons engaged in the manufacture, conversion or repair of prefabricated structures, prefabricated components or recreational vehicles. [2005 c.758 §4; 2007 c.306 §2]

Note: 455.129 (Additional grounds for denial, suspension, conditioning or revocation of license, certificate, registration or application) was added to and made a part of ORS chapter 455 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

Notes of Decisions

Although state structural specialty code sets standard requiring only single wall construc­tion, home rule city was entitled to enact ordinance requiring new homes to use double wall construc­tion. State ex rel Haley v. Troutdale, 281 Or 203, 576 P2d 1238 (1978)

Atty. Gen. Opinions

Authority of State Fire Marshal to adopt regula­tions, (1974) Vol 36, p 1102

1 Legislative Counsel Committee, CHAPTER 455—Building Code, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455.­html (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 455, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­455ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.