2015 ORS 701.272¹
Interagency agreements

(1) The Construction Contractors Board may enter into interagency agreements with the Department of Consumer and Business Services for the department to perform duties on behalf of the board under this chapter regarding:

(a) Licenses, registrations and other authorizations; or

(b) Regulated activities of a contractor.

(2) Subject to the approval of the Director of the Department of Consumer and Business Services or the affected advisory board, the department or advisory board may enter into an agreement with the Construction Contractors Board under this section regarding performance by the advisory board of Construction Contractors Board duties. An agreement described in this subsection is considered for purposes of this section to be an agreement between the department and the Construction Contractors Board.

(3) An interagency agreement under this section may provide for the department to perform all or part of the duties described in the agreement within one or more areas within the state or on a statewide basis. Any department employees utilized to carry out an agreement under this section shall remain employees of the department without loss of seniority or reduction in pay or benefits, but the agreement may provide for the board to retain control over the final work product of the employees. An agreement under this section may not be used to avoid any provision of a collective bargaining agreement.

(4) An interagency agreement under this section may provide for:

(a) Good faith cooperation between the department and the board to enable the department and the board to carry out their respective duties under law or under the agreement;

(b) The sharing of resources, including but not limited to the department system described in ORS 455.095 (Electronic access to building code and construction-related information and services) and 455.097 (Electronic access system development and implementation), equipment, systems, processes and records, documents and other information;

(c) Using department and board information, including but not limited to complaints, reports, findings and orders, to carry out the laws that the department administers and enforces on behalf of the board;

(d) Ensuring the security of information shared under the agreement;

(e) Purchases by the department of supplies and equipment to carry out duties on behalf of the board, subject to the board’s reimbursement of the department;

(f) The use of financing agreements to provide resources necessary or convenient to carry out the agreement; and

(g) Acceptance by the department of moneys in payment of board fees, the temporary retention and transfer of fee moneys and the reimbursement of the department’s expenses under the agreement from those fee moneys.

(5)(a) A financing agreement provided for as described in subsection (4)(f) of this section is exempt from ORS 283.085 (Definitions for ORS 283.085 to 283.092) to 283.092 (Effect of financing agreement on tax status) and ORS chapter 286A.

(b) Any board moneys accepted by the department as provided in subsection (4)(g) of this section must be identified and accounted for separately from any other moneys in the possession of or available to the department. Board moneys temporarily retained by the department, regardless of where kept or deposited, are moneys of the board. The retained moneys are not subject to any appropriation to the department, any authorization for or limitation on the expenditure of moneys by the department, any restriction on the source, use or transfer of department moneys or any judgment, lien or other claim against moneys of the department. Notwithstanding any requirement or limitation on the retention of moneys by a state agency, the retention of board moneys by the department under an interagency agreement described in this section shall be governed solely by the terms of the agreement.

(6) An interagency agreement under this section may not:

(a) Delegate the authority of the board or the board administrator to establish policies or to make a final determination on any matter;

(b) Allow the department to hold board fee moneys in a department account that does not allow for the separate tracking and accounting of those moneys;

(c) Allow the department to hold board fee moneys past the end of the fiscal quarter in which the fee moneys were collected; or

(d) Transfer board expenses to the department. [2015 c.110 §4]

Chapter 701

Notes of Decisions

This is a remedial statute made for the protec­tion of the building business and of people dealing with builders who might be irresponsible; it should be read as a whole and liberally construed to accomplish its purpose. Robinson v. Builders Bd., 20 Or App 340, 531 P2d 752 (1975)

Atty. Gen. Opinions

Lack of authority for director to appoint executive secretary for board, (1971) Vol 35, p 930; inap­pli­ca­bil­i­ty of this chapter to business of construc­tion or installa­tion of fences, sidewalks, septic tanks, wells and underground sprinkling systems, (1972) Vol 35, p 1278; mobile home as per­sonal or real prop­erty under this chapter, (1972) Vol 36, p 41; applica­tion of Homebuilders Law to mobile homes, (1978) Vol 38, p 693


1 Legislative Counsel Committee, CHAPTER 701—Construction Contractors and Contracts, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 701, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano701.­html (2015) (last ac­cessed Jul. 16, 2016).
 
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.