(2) With the approval of the city or county, the board may conduct investigations with city or county inspectors, provided that the city or county is reimbursed by the board for the costs of such investigations.
(3) Any inspector authorized by the board to determine compliance with the provisions of this chapter is authorized to require any person who is engaged in any activity regulated by this chapter to demonstrate proof of compliance with the licensing requirements of this chapter. If a person who is contracting directly with the owner of a structure does not demonstrate proof of compliance with the licensing requirements of this chapter, the inspector shall give notice of noncompliance to the person. The notice of noncompliance shall be in writing, shall specifically state that the person is not in compliance with the licensing requirements of this chapter and shall provide that unless the person demonstrates proof of compliance within 10 days of the date of the notice, the inspector may by order stop all work then being done by the person. The notice of noncompliance shall be served upon the person and shall be served upon or delivered to the owner of each structure upon which the person is then performing work under contract, or mailed to all persons who are mortgagees or trust deed beneficiaries of record with respect to the real property upon which each such structure is situated. If more than one person is the owner of any such structure, a copy of the notice need be given to only one of such persons. If after receipt of the notice of noncompliance the person fails within the 10-day period specified in the notice to demonstrate proof of compliance with the licensing requirements of this chapter, the inspector is authorized to order the work stopped by notice in writing served on any persons engaged in the activity. Any person so notified shall stop such work until proof of compliance is demonstrated. However, the inspector may not order the work stopped until at least 10 days after the copies of the notice of noncompliance have been served upon or delivered to the owners or mailed to the mortgagees and trust deed beneficiaries specified in this subsection.
(4) The board has the power to administer oaths, issue notices and subpoenas in the name of the board, compel the attendance of witnesses and the production of evidence, hold hearings and perform such other acts as are reasonably necessary to carry out its duties under this chapter.
(5) If any person fails to comply with a subpoena issued under subsection (4) of this section or refuses to testify on matters on which the person may be lawfully interrogated, the board shall compel obedience in the manner provided in ORS 183.440.
(6) Notwithstanding the provisions of subsection (3) of this section:
(a) The board may order the work stopped immediately if the contractor is working on a structure and the contractor was not licensed by the board when the work began; or
(b) The board may order the work stopped after 10 days’ notice to the persons listed in subsection (3) of this section if the contractor is working on a structure and was licensed by the board when the job began but has let the license lapse. [1971 c.740 §18; 1975 c.721 §9; 1987 c.414 §40d; 1989 c.744 §3; 1989 c.928 §26; 1991 c.561 §1; 1999 c.402 §34]
Structure 2021 Oregon Revised Statutes
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 701.020 - 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 701.038 - 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 701.086 - Key employee continuing education.
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 701.102 - 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 701.109 - Reporting of final judgments.
Section 701.119 - Certification to participate in small scale local energy project program.
Section 701.128 - Suit for damages for misrepresentation.
Section 701.133 - Notice of intent to file complaint; fees; rules.
Section 701.139 - Complaint validity; applicable resolution processes.
Section 701.143 - Requirement for timely filing of complaints; timelines.
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 701.215 - Officers; quorum; compensation and expenses; advisory committees.
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 701.272 - Interagency agreements.
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 701.330 - 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 701.430 - 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 701.470 - 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 701.490 - Exemptions from certification, licensure and other requirements.
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 701.575 - Availability of residence; scope of inspection; report of inspection results.
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 701.635 - 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.