2021 Oregon Revised Statutes
Chapter 701 - Construction Contractors and Contracts
Section 701.046 - License application.


(a) The endorsement being sought.
(b) A list of construction debts involving the applicant, or an owner or officer of the applicant, if the order, award, penalty or judgment that establishes the debt was issued within the preceding five years.
(c) For each person described in paragraphs (h), (i) and (j) of this subsection, a Social Security number.
(d) Workers’ compensation insurance account number, if the applicant is required to have workers’ compensation insurance.
(e) Unemployment insurance account number, if the applicant is required to have unemployment insurance.
(f) State withholding tax account number, if the applicant is required to withhold state income tax.
(g) Federal employer identification number, if the applicant is required to have a federal employer identification number.
(h) The name and address of:
(A) Each partner, if the applicant is a partnership, limited liability partnership or foreign limited liability partnership.
(B) The general partner, if the applicant is a limited partnership.
(C) Each joint venturer, if the applicant is a joint venture.
(D) The owner, if the applicant is a sole proprietorship.
(E) The officers, if the applicant is a corporation.
(F) The manager and each member, if the applicant is a manager-managed limited liability company.
(G) Each member, if the applicant is a member-managed limited liability company.
(H) The responsible managing individual designated by the applicant.
(I) Each trustee, if the applicant is a trust.
(i) The name and address of the following if the applicant is a partnership, limited liability partnership, foreign limited liability partnership, joint venture, manager-managed limited liability company or member-managed limited liability company:
(A) Each partner in a partnership, limited liability partnership or foreign limited liability partnership that is a partner, joint venturer or member of the applicant.
(B) Each general partner in a limited partnership that is a partner, joint venturer or member of the applicant.
(C) Each joint venturer in a joint venture that is a partner, joint venturer or member of the applicant.
(D) The manager and each member of a manager-managed limited liability company that is a partner, joint venturer or member of the applicant.
(E) Each member of a member-managed limited liability company that is a partner, joint venturer or member of the applicant.
(F) Each officer of a corporation that is a partner, joint venturer or member of the applicant.
(G) Each individual who has a controlling ownership interest in, or management authority over, the applicant and who meets criteria adopted by the board by rule.
(j) The name and address of the following if the applicant is a limited partnership:
(A) Each partner of any partnership, limited liability partnership or foreign limited liability partnership that is the general partner of the applicant.
(B) Each general partner of any limited partnership that is the general partner of the applicant.
(C) Each joint venturer in any joint venture that is the general partner of the applicant.
(D) The manager and each member of any manager-managed limited liability company that is the general partner of the applicant.
(E) Each member of any member-managed limited liability company that is the general partner of the applicant.
(F) Each officer of any corporation that is the general partner of the applicant.
(k) For each person described in paragraphs (h), (i) and (j) of this subsection, information as required by board rule regarding the following if related to construction activities:
(A) A final judgment against the person by a court in any state entered within five years preceding the application date that requires the person to pay money to another person or to a public body if the judgment remains unsatisfied on the application date.
(B) A final order against the person by an administrative agency in any state issued within five years preceding the application date that requires the person to pay money to another person or to a public body if the order remains unsatisfied on the application date.
(C) A court action against the person in any state pending on the application date that alleges the person owes money to another person or to a public body.
(D) An action by an administrative agency in any state pending on the application date that seeks an order that the person pay money to another person or to a public body.
(E) A conviction for a crime listed in ORS 701.098 (1)(i) entered within five years preceding the application date.
(F) An indictment for a crime listed in ORS 701.098 (1)(i) filed within five years preceding the application date.
(L) The basis on which the applicant meets the standards for independent contractor status under ORS 670.600.
(2) Subsection (1)(h), (i) and (j) of this section does not apply if the applicant is a company that offers securities registered with the United States Securities and Exchange Commission for sale to the general public.
(3) The application described in subsection (1) of this section must be accompanied by proof satisfactory to the board that the applicant:
(a) Is in compliance with ORS 701.091.
(b) Has the legal capacity to enter into contracts.
(4) Subsection (3)(a) of this section does not apply to an applicant for licensing with endorsement solely as a residential or commercial developer.
(5) An applicant shall conform to the information provided by the applicant on the application and to the terms of the application. [Formerly 701.075; 2009 c.11 §§90,91; 2009 c.226 §3; 2013 c.300 §1]
Note: Section 13, chapter 46, Oregon Laws 2018, provides:
Sec. 13. (1) Sections 2, 4, 6, 7 and 8 of this 2018 Act are repealed January 2, 2022.
(2) The repeal of sections 2, 4 and 6 of this 2018 Act by this section does not affect the validity of any construction contractor, plumbing contractor or electrical contractor license issued or renewed prior to January 2, 2022.
(3) The repeal of section 7 of this 2018 Act by this section does not cancel or alter the terms of any loan made by the Oregon Business Development Department prior to January 2, 2022, or repeal any department rule pertaining to loans made by the department prior to January 2, 2022.
(4) The repeal of section 8 of this 2018 Act by this section does not cancel or alter the terms of any financial support made available by the Higher Education Coordinating Commission prior to January 2, 2022, or repeal any commission rule pertaining to financial support made available by the commission prior to January 2, 2022. [2018 c.46 §13]

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 17 - Occupations

Chapter 701 - Construction Contractors and Contracts

Section 701.002 - Short title.

Section 701.005 - Definitions.

Section 701.010 - Exemptions from licensure; rules.

Section 701.013 - Intent relating to certain business license requirements.

Section 701.015 - Business license requirements in cities and metropolitan service districts; fees; distribution of fees.

Section 701.020 - Certain cities exempt from application of ORS 701.015.

Section 701.021 - License requirement; endorsements.

Section 701.026 - Subcontractor licensing; landscaping.

Section 701.031 - Evidence of doing business as contractor.

Section 701.035 - Applicant required to be independent contractor to be eligible for license; classes of licenses.

Section 701.038 - Residential limited contractors.

Section 701.042 - Residential or commercial developers.

Section 701.046 - License application.

Section 701.050 - Commercial contractor key employees.

Section 701.056 - Licensing application fee; rules.

Section 701.063 - Term of license; fee; renewal; inactive status; license identification card.

Section 701.068 - Bonding requirements; action against surety; rules.

Section 701.073 - Insurance required of licensed contractors.

Section 701.081 - Residential contractors; bond; insurance; responsible managing individual.

Section 701.082 - Residential contractor continuing education requirements; exemptions.

Section 701.084 - Commercial contractors; bond; insurance; responsible managing individual; key employees.

Section 701.086 - Key employee continuing education.

Section 701.088 - Contractor rehabilitating illegal drug manufacturing site; substitution for bond; fee; rules.

Section 701.091 - Responsible managing individual.

Section 701.093 - Change in responsible managing individual; temporary managing individual.

Section 701.094 - Definition for ORS 701.098 and 701.102; rules.

Section 701.098 - Grounds for discipline; rules; suspension or refusal of license without prior hearing; hearing; civil penalty; injunctions; cease and desist orders; restoration or reissuance of license.

Section 701.102 - Sanction for past unresolved activity or outstanding matters; probation.

Section 701.106 - Sanction for violation or failure to comply with certain laws.

Section 701.107 - Sanction for assisting evasion of obligations.

Section 701.108 - Failure to comply with prevailing wage rate or other wage and hour standards for energy efficiency and sustainable technology projects.

Section 701.109 - Reporting of final judgments.

Section 701.114 - Change in responsible managing individual or persons exercising control of contractor.

Section 701.119 - Certification to participate in small scale local energy project program.

Section 701.120 - Specialized education programs; standards; specialized education notation in credentials; removal of notation; rules for use of credentials.

Section 701.122 - Training requirements for individuals and businesses; testing of business license applicant; exception; rules.

Section 701.128 - Suit for damages for misrepresentation.

Section 701.131 - License required to perfect lien or obtain judicial or administrative remedy; exception.

Section 701.133 - Notice of intent to file complaint; fees; rules.

Section 701.139 - Complaint validity; applicable resolution processes.

Section 701.140 - Types of allowable complaints; restriction on processing complaint for recoupment of lien.

Section 701.143 - Requirement for timely filing of complaints; timelines.

Section 701.145 - Resolution of complaints involving work on residential structures or certain small commercial structures.

Section 701.146 - Resolution of complaints involving work on large commercial structures or certain small commercial structures.

Section 701.149 - Status reports; alternative dispute resolution.

Section 701.150 - Determination of amount to be paid from bond.

Section 701.153 - Recording of order as lien; satisfaction of order against residential contractor.

Section 701.157 - Satisfaction of order against commercial contractor.

Section 701.160 - Nonlawyer may represent certain forms of businesses before board; rules for additional business forms.

Section 701.205 - Construction Contractors Board; members; terms; confirmation; vacancies; qualifications.

Section 701.215 - Officers; quorum; compensation and expenses; advisory committees.

Section 701.225 - Investigatory powers of board; use of city or county inspectors; notice of noncompliance; conduct of hearings; authority of board to order work stopped.

Section 701.227 - Disqualification from eligibility for certain public contracts; list of disqualified contractors.

Section 701.235 - Rulemaking.

Section 701.238 - Determination of licensing application fee; rules.

Section 701.240 - Provision of licensed contractors list to other state agencies; rules.

Section 701.246 - Confidentiality of information; permissible disclosures.

Section 701.250 - Board to provide licensee’s status on request; fee.

Section 701.260 - Appeal committee; membership; duties.

Section 701.265 - Continuing education system for residential contractors; rules.

Section 701.267 - Agreements with continuing education providers; credits; fees.

Section 701.269 - Residential general master builder certification program; requirements; standards; fees; rules.

Section 701.272 - Interagency agreements.

Section 701.305 - Requirement for written contract with residential property owner; standard contractual terms; rules.

Section 701.310 - Cancellation of contract.

Section 701.312 - Additional grounds for placing contractor on probation.

Section 701.320 - Offer of warranty; withdrawal of contract offer.

Section 701.325 - Condition for obtaining building permit; information notice; business licenses; local regulation.

Section 701.330 - Consumer notice form; notice of procedure form; rules.

Section 701.335 - Recommended maintenance schedule; rules.

Section 701.345 - Subcontractor list.

Section 701.348 - Sewer contractor requirements.

Section 701.410 - Definitions.

Section 701.420 - Partial payment; retainage; effect; interest; notice of completion; payment by contractor and owner.

Section 701.430 - Performance bond; terms.

Section 701.435 - Deposits in lieu of cash retainage.

Section 701.440 - Applicability to federal projects.

Section 701.445 - Home inspectors; certification; rules; fees; exemption.

Section 701.455 - Home inspector services contractor license; exemption from testing and continuing education.

Section 701.470 - Licensing; exemptions; insurance.

Section 701.475 - Definitions for ORS 701.475 to 701.490.

Section 701.480 - Certification; licensing; holding out as locksmith or locksmithing business.

Section 701.485 - Standards of practice and professional conduct; determination of competency; sanctions; rules; fees.

Section 701.490 - Exemptions from certification, licensure and other requirements.

Section 701.495 - Residential locksmith services contractor license; exemption from testing and continuing education.

Section 701.501 - Home services contractor license; exemption from testing and continuing education.

Section 701.505 - Definitions for ORS 701.505 to 701.515.

Section 701.510 - License required to engage in lead-based paint activity.

Section 701.515 - Licensing system; fees; rules.

Section 701.520 - Construction Contractors Board Lead-Based Paint Activities Fund.

Section 701.527 - Definitions for ORS 702.527 to 701.536.

Section 701.529 - Certification and licensing requirements; use of title.

Section 701.532 - Home energy assessor certification; training; rules; fees.

Section 701.536 - Assessor and contractor exemption from testing and continuing education.

Section 701.540 - Licensing; standards and practices; rules.

Section 701.545 - Provision of accessible features list to purchaser; effect.

Section 701.547 - Model list of accessibility features; rules.

Section 701.555 - Barrier-type exterior insulation and finish systems.

Section 701.560 - Definitions for ORS 701.560 to 701.595 and 701.605.

Section 701.565 - Notice of defect requirement; contents; mailing.

Section 701.570 - Secondary notice of defect; inspection of residence; response to notice or secondary notice.

Section 701.575 - Availability of residence; scope of inspection; report of inspection results.

Section 701.580 - Offer by contractor, subcontractor or supplier; effect of accepting offer; nonperformance; compelling arbitration or commencing court action; admissibility of response or reply.

Section 701.585 - Effect of notice of defect on time for commencing court action.

Section 701.595 - Failure to follow notice of defect procedure.

Section 701.600 - Nonapplicability of ORS 701.560 to 701.595 and 701.605.

Section 701.605 - Recording of written warranty agreement.

Section 701.620 - Definitions for ORS 701.620 to 701.640.

Section 701.625 - Progress payments; notice requirements; nonapproval of billing or estimate; withholding; final payment.

Section 701.630 - Payments to subcontractors and material suppliers; failure to pay; omission of payment.

Section 701.635 - Suspension of performance.

Section 701.640 - Prohibition against contrary provisions, covenants or clauses.

Section 701.645 - Contracts and housing not subject to ORS 701.620 to 701.640.

Section 701.990 - Criminal penalties.

Section 701.992 - Civil penalties and other sanctions; enforcement.

Section 701.995 - Civil penalties for violations related to lead-based paint activities; reporting of penalties and sanctions.