701.102 Sanction for past unresolved activity or outstanding matters; probation
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701.102 Sanction for past unresolved activity or outstanding matters; 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 business’s 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, submitted in a registration of securities described in ORS 701.046
(2)or discovered by a board investigation under ORS 701.225.
(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 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. The board shall take action to terminate the contractor’s license if the contractor is unwilling or unable to comply with the conditions of probation.
(4)The board may use the notification of a final order received under ORS 652.333 for purposes of determining whether to:
(a)Revoke, suspend or refuse to issue a license to a business or an owner, officer or responsible managing individual of the business that failed to pay the amounts due pursuant to the final order;
(b)Notwithstanding the conditions specified for probation in subsection
(3)of this section, place a contractor on probation as provided in subsection
(3)of this section; and
(c)Require a contractor to pay a higher amount to obtain a surety bond as required by a board condition or rule under ORS 701.068
(5)or (6). [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; 2019 c.444 §5]