71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2188
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor John A. Kitzhaber,
  M.D., for Construction Contractors Board)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to Construction Contractors Board; amending ORS 670.304,
  701.075, 701.135, 701.145, 701.215 and 701.280; and repealing
  ORS 701.285.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 670.304 is amended to read:
  670.304. Except as otherwise specifically provided, ORS 670.300
to 670.410 apply to the following professional licensing and
advisory boards:
  (1) Professional licensing and advisory boards established in
the Office of the Secretary of State.
  (2) The Oregon Board of Maritime Pilots, in the Department of
Transportation.
  (3) The Board of Cosmetology, in the Health Licensing Office.
  (4) The State Board of Architect Examiners.
  (5) The State Landscape Contractors Board.
  (6) The State Board of Examiners for Engineering and Land
Surveying.
  (7) State Landscape Architect Board.
  (8) State Board of Geologist Examiners.
  (9) State Board of Tax Service Examiners.
  (10) Oregon Board of Accountancy.
   { +  (11) The Construction Contractors Board. + }
  SECTION 2. ORS 701.075 is amended to read:
  701.075. (1) A person who wishes to obtain a construction
contractor license shall submit an application upon a form
prescribed by the Construction Contractors Board. The application
shall include, but not be limited to, at least the following
information regarding the applicant:
  (a) Classification of the license being sought.
  (b) A list of unsatisfied judgments resulting from bond claims
and litigation involving the applicant or its principals within
the prior five years.
  (c) Social security number.
  (d) Workers' compensation insurance account number if help is
hired or traded.
  (e) Unemployment insurance account number if help is hired.
  (f) State withholding tax account number if help is hired.
  (g) Federal employer identification number, if help is hired or
if self-employed and participating in a retirement plan.
  (h) The name and address of:
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                   Page 1
 
 
 
  (A) Each partner or venturer, if the applicant is a partnership
or joint venture.
  (B) The owner, if the applicant is an individual
proprietorship.
  (C) The corporate officers, if the applicant is a corporation.
  (2) An applicant shall conform to the information provided by
the applicant on the application and to the terms of the
application.
  (3) The board shall adopt by rule an application form that
requires an applicant to indicate, as set forth in ORS 670.600,
the basis under which the applicant qualifies as an independent
contractor.
  (4) Prior to licensure, an applicant   { - shall - }  { +
must + } demonstrate compliance with  { + the licensure education
requirements described in + } ORS 701.280   { - (2) - }  { +
(1) + } and pass an examination based on the
  { - licensure education - }  requirements   { - of ORS 701.280
(2) - } .
  SECTION 3. ORS 701.135 is amended to read:
  701.135. (1) The Construction Contractors Board may revoke,
suspend or refuse to issue or reissue a license and the board may
assess a civil penalty as provided in ORS 701.992 if it
determines after notice and opportunity for hearing:
  (a) That the licensee or applicant has violated ORS 701.055.
  (b) That the licensee or applicant has failed to pay in full
any final judgment on claims adjudged by the board or by a court
of competent jurisdiction referred to in ORS 701.085.
  (c) That the licensee has violated a rule or order of the
board.
  (d) That the licensee has knowingly assisted an unlicensed
person to act in violation of this chapter.
  (e) That a lien was filed on a structure under ORS 87.010 to
87.060 and 87.075 to 87.093 because the licensee or applicant
wrongfully failed to perform a contractual duty to pay money to
the person claiming the lien.
  (f) That the licensee has knowingly provided false information
to the board.
  (g) That the licensee has worked without a construction permit
where such permit is required and such work resulted in a claim
filed with the board. For purposes of this paragraph, '
construction permit' includes a building permit, electrical
permit, mechanical permit or plumbing permit.
  (h) That the number of licensed contractors working together on
the same task on the same job site, where one of the contractors
is licensed as exempt under ORS 701.035 (2)(b), exceeded the
following:
  (A) Two sole proprietors;
  (B) One partnership;
  (C) One corporation; or
  (D) One limited liability company.
  (i) Consistent with the provisions of ORS 670.280, that the
licensee or applicant has been convicted of one of the following
crimes:
  (A) Murder;
  (B) Assault in the first degree;
  (C) Kidnapping;
  (D) Rape, sodomy or unlawful sexual penetration;
  (E) Sexual abuse;
  (F) Arson in the first degree;
  (G) Robbery in the first degree;
 
 
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  (H) Theft in the first degree; or
  (I) Theft by extortion.
  (j) That the licensee or applicant has not, within 90 days
after the date when payment was received from the public
contracting agency, or contractor in the case of a subcontractor,
made payment to any person for supplying labor or materials
contracted for with a public contract for a public improvement
plus the amount of interest due.
  (k) That the licensee or applicant has repeatedly reported bad
faith or false claims of nonpayment against contractors or
subcontractors.
  (2)(a) The administrator of the board, in accordance with
administrative rules adopted by the board and after setting forth
specific reasons for such findings, may suspend or refuse to
renew a license without hearing in any case where the
administrator finds a serious danger to the public welfare,
including but not limited to:
  (A) Lack of a surety bond required by ORS 701.085;
  (B) Lack of liability insurance required by ORS 701.105;
  (C) Hiring employees while licensed as exempt under ORS
701.035; or
  (D) Conduct as a construction contractor that is dishonest or
fraudulent.
  (b) If the licensee or applicant demands a hearing within 90
days after the date of notice to the licensee or applicant of
  { - such - }  { +  the + } suspension or refusal to renew, then
a hearing must be granted to the licensee or applicant as soon as
practicable after
  { - such - }  { +  the + } demand, and the administrator shall
issue an order pursuant to   { - such - }  { +  the + } hearing
as required by ORS 183.310 to 183.550 confirming, altering or
revoking the administrator's earlier order.   { - Such - }  { +
Notwithstanding ORS 670.325, + } a hearing need not be held where
the order of suspension or refusal to renew is accompanied by or
is pursuant to a citation for violation   { - which - }  { +
that + } is subject to judicial determination in any court of
this state, and the order by its terms will terminate in case of
final judgment in favor of the licensee or applicant.
  (3) In addition to all other remedies, when it appears to the
board that a person has engaged in, or is engaging in, any act,
practice or transaction which violates the provisions of this
chapter, the board may direct the Attorney General or the
district attorney of the county in which the act, practice or
transaction occurs, to apply to the court for an injunction
restraining the person from violating the provisions of this
chapter. An injunction shall not issue for failure to maintain
the list provided for in ORS 701.055 (11) unless the court
determines that the failure is intentional.
  (4) A certified copy of the record of conviction shall be
conclusive evidence of a conviction under subsection (1)(i) of
this section.
  SECTION 4. ORS 701.145 is amended to read:
  701.145. (1) Any person having a claim against a contractor of
the type referred to in ORS 701.140 may file with the
Construction Contractors Board a statement of the claim in such
form as the board prescribes.
  (2) The board may refuse to accept, or refuse at any time to
continue processing, a claim if:
  (a) The same facts and issues involved in the claim have been
submitted to a court of competent jurisdiction for determination
 
 
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or have been submitted to any other entity authorized by law or
the parties to effect a resolution and settlement;
  (b) The claimant does not permit the contractor against whom
the claim is filed to be present at any inspection made by the
board;
  (c) The board determines that the contractor against whom the
claim is filed is capable of complying with recommendations made
by the board relative to the claim, but the claimant does not
permit the contractor to comply with the recommendations.
However, the board may refuse to accept or further process a
claim under this paragraph only if the contractor was licensed at
the time the work was first performed and is licensed at the time
the board makes its recommendations;
  (d) The board determines that the nature or complexity of the
claim is such that a court is the appropriate forum for the
adjudication of the claim; or
  (e) The amount in controversy is less than an amount adopted by
the board and not more than $250.
  (3) The board shall not process a claim, including a claim
based upon a court judgment or arbitration award, unless the
claim is filed in a timely manner as follows:
  (a) If the owner of a new structure files the claim, the board
must receive the claim not later than one year after the date the
structure was first occupied or two years after completion,
whichever comes first.
  (b) If the owner of an existing structure files the claim, the
board must receive the claim not later than one year after the
date the work was substantially completed.
  (c) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to begin the work, the board must receive the claim not
later than one year after the date the parties entered into the
contract.
  (d) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to substantially complete the work, the board must receive
the claim not later than one year after the date the contractor
ceased work on the structure.
  (e) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor on a new structure,
the board must receive the claim not later than 14 months after
the date the structure was first occupied or two years after
completion, whichever comes first.
  (f) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor on an existing
structure, the board must receive the claim not later than 14
months after the work on the structure was substantially
completed.
  (g) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor, because the
subcontractor failed to substantially complete the work, the
board must receive the claim not later than 14 months after the
date the subcontractor ceased to work on the structure.
  (h) If a material or equipment supplier, an employee, or a
licensed subcontractor files the claim, the board must receive
the claim not later than one year after the date the licensee
incurred the indebtedness.
  (4) Upon acceptance of the statement of claim, the board shall
give notice to the contractor against whom the claim is made and
shall initiate proceedings to determine the validity of the
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                   Page 4
 
 
 
claim. If, after investigation, the board determines that a
violation of this chapter or of any rule adopted thereunder has
occurred, or damage has been caused by the licensee, the board
may recommend to the licensee such action as the board considers
appropriate to compensate the claimant. If the contractor
performs accordingly, the board shall give that fact due
consideration in any subsequent disciplinary proceeding brought
by the board.
  (5) Except for claims by owners of nonresidential property when
the total contract is $25,000 or less and those claims that are
settled through binding arbitration under subsection (9) of this
section, any person with a claim against a contractor involving
nonresidential structures shall bring an action upon the bond
required by ORS 701.085, as provided in subsections (6) to (8) of
this section, in a court of competent jurisdiction or through
binding arbitration in compliance with ORS 36.300 to 36.365. At
the option of the claimant, a person having a claim as an owner
of nonresidential property when the total contract is $25,000 or
less may elect to bring an action upon the bond in this same
manner. In such instances, all other statutes and rules
applicable to the processing of claims in accordance with
subsections (5) to (8) of this section apply.
  (6) Except as set forth in subsection (5) of this section, in
order to have access to the bond required by ORS 701.085, the
claimant in an action against a contractor involving
nonresidential structures must deliver a copy of the complaint to
the board and to the surety on the bond by certified mail, return
receipt requested, within 90 days of the date the complaint was
filed. The surety shall not be joined as a party to the action,
but shall have the absolute right to intervene in the action. If
notice is so given, except as provided in subsection (8) of this
section, the surety that received notice shall be bound by any
judgment entered in the action, unless within 30 days of receipt
of such notice, the surety delivers to the claimant or the
claimant's attorney of record and to the board by certified mail,
return receipt requested, or by facsimile machine or form of
transmission with an acknowledgement, a notice that the surety is
not the surety that should have received the claimant's notice.
If the claimant disputes the validity of the surety's notice, or
if the surety disputes the validity or timeliness of the delivery
of the complaint, the claimant may join the surety as a defendant
or the surety may join as a party in the action. If the surety
elects to intervene in the action or is joined as a party to the
action, it shall be bound by all issues of fact and law
determined by the court, which issues shall not then be subject
to review by the board. The date the board receives a copy of the
complaint shall be the date the board uses to establish the
priority of the claim.
  (7) If a court issues a judgment against a contractor in an
action involving nonresidential structures, the claimant shall
deliver a certified copy of the judgment to the board and to the
surety within 30 days of the date of entry of the judgment in
order to retain a claim against the bond. The entry of a final
judgment against the contractor shall fully and finally conclude
the contractor's involvement concerning participation in any and
all proceedings to determine whether its bond is subject to
payment of the claim. The contractor shall not be a party to the
administrative process set forth in subsection (8) of this
section, which shall proceed with the claimant and surety as the
only parties.
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                   Page 5
 
 
 
  (8)(a) Upon receipt of a timely filed copy of the judgment
specified in subsection (7) of this section, the board shall
issue a proposed order in the amount of the judgment, together
with any court costs, interest and attorney fees awarded by the
court. The board's determination of the claim shall be limited
only to determinations of whether the claim comes within the
jurisdiction of the board and is subject to payment by the
surety. The proposed order shall be issued in such form as to
indicate the surety's maximum liability to the claimant. If there
are no exceptions filed to the proposed order within the time
period provided therefor after issuance of the proposed order,
the proposed order shall become final without any further action
required by the board. The surety's right to except to the
proposed order based upon a judgment, except where the surety has
elected to intervene in the action as set forth in subsection (6)
of this section, shall be limited to the following issues:
  (A) Whether the claim was timely filed with the board as
provided in subsection (3) of this section.
  (B) Whether the surety received timely notice as provided in
subsections (6) and (7) of this section.
  (C) Whether the claim is for work subject to this chapter
provided within the State of Oregon.
  (D) The extent of the surety's liability to the claimant.
  (b) The provisions of ORS 701.150 (4) shall in all events apply
and the surety shall be entitled to except to the proposed order
as to the specific monetary liability of the surety in connection
with all claims then pending. The surety shall not be required to
pay any claim under subsection (7) of this section until such
time as it receives notice from the board under ORS 701.140 that
claims are ready for payment.
  (9) With the prior agreement of the claimant and licensee, the
board may resolve the claim through binding arbitration under
rules adopted by the board generally in conformance with ORS
36.300 to 36.365. The board may also use the arbitration
procedure to resolve a construction dispute between any persons
who agree to follow the rules of the board.
  (10) The board may require claims of less than $1,000 to be
subject to mediation or resolved through binding arbitration.
Notwithstanding the provisions of subsection (4) of this section,
the board is not required to investigate claims of less than
$1,000.
  (11) The board may apply the provisions of subsections (5) to
(8) of this section to any arbitration decision as it would to a
judgment of a court whether the arbitration decision is rendered
by the board or by independent arbitration.
  (12) Contested case hearings before the board must be conducted
by a hearing officer assigned from the Hearing Officer Panel
established by section 3, chapter 849, Oregon Laws 1999.  { +
Notwithstanding ORS 670.325, + } the board may delegate authority
to the hearing officer to issue a final order in any matter.
  (13) The board by rule may require a deposit not to exceed $100
for the filing of a claim, the filing of a request for hearing or
the filing of exceptions. Such deposit is recoverable by the
party.
  (14) Sections 2 to 21, chapter 849, Oregon Laws 1999, do not
limit in any way the ability of the board to make full use of
alternative dispute resolution, including mediation or
arbitration, to resolve claims against contractors filed under
the provisions of this section. In assigning hearing officers for
hearings conducted under the provisions of this section, the
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                   Page 6
 
 
 
chief hearing officer of the Hearing Officer Panel established
under section 3, chapter 849, Oregon Laws 1999, shall defer to
board requests.
  SECTION 5. ORS 701.145, as amended by section 173, chapter 849,
Oregon Laws 1999, is amended to read:
  701.145. (1) Any person having a claim against a contractor of
the type referred to in ORS 701.140 may file with the
Construction Contractors Board a statement of the claim in such
form as the board prescribes.
  (2) The board may refuse to accept, or refuse at any time to
continue processing, a claim if:
  (a) The same facts and issues involved in the claim have been
submitted to a court of competent jurisdiction for determination
or have been submitted to any other entity authorized by law or
the parties to effect a resolution and settlement;
  (b) The claimant does not permit the contractor against whom
the claim is filed to be present at any inspection made by the
board;
  (c) The board determines that the contractor against whom the
claim is filed is capable of complying with recommendations made
by the board relative to the claim, but the claimant does not
permit the contractor to comply with the recommendations.
However, the board may refuse to accept or further process a
claim under this paragraph only if the contractor was licensed at
the time the work was first performed and is licensed at the time
the board makes its recommendations;
  (d) The board determines that the nature or complexity of the
claim is such that a court is the appropriate forum for the
adjudication of the claim; or
  (e) The amount in controversy is less than an amount adopted by
the board and not more than $250.
  (3) The board shall not process a claim, including a claim
based upon a court judgment or arbitration award, unless the
claim is filed in a timely manner as follows:
  (a) If the owner of a new structure files the claim, the board
must receive the claim not later than one year after the date the
structure was first occupied or two years after completion,
whichever comes first.
  (b) If the owner of an existing structure files the claim, the
board must receive the claim not later than one year after the
date the work was substantially completed.
  (c) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to begin the work, the board must receive the claim not
later than one year after the date the parties entered into the
contract.
  (d) Regardless of whether the claim involves a new or existing
structure, if the owner files the claim because the contractor
failed to substantially complete the work, the board must receive
the claim not later than one year after the date the contractor
ceased work on the structure.
  (e) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor on a new structure,
the board must receive the claim not later than 14 months after
the date the structure was first occupied or two years after
completion, whichever comes first.
  (f) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor on an existing
structure, the board must receive the claim not later than 14
 
 
 
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months after the work on the structure was substantially
completed.
  (g) If a licensed contractor files the claim against a licensed
contractor performing work as a subcontractor, because the
subcontractor failed to substantially complete the work, the
board must receive the claim not later than 14 months after the
date the subcontractor ceased to work on the structure.
  (h) If a material or equipment supplier, an employee, or a
licensed subcontractor files the claim, the board must receive
the claim not later than one year after the date the licensee
incurred the indebtedness.
  (4) Upon acceptance of the statement of claim, the board shall
give notice to the contractor against whom the claim is made and
shall initiate proceedings to determine the validity of the
claim. If, after investigation, the board determines that a
violation of this chapter or of any rule adopted thereunder has
occurred, or damage has been caused by the licensee, the board
may recommend to the licensee such action as the board considers
appropriate to compensate the claimant. If the contractor
performs accordingly, the board shall give that fact due
consideration in any subsequent disciplinary proceeding brought
by the board.
  (5) Except for claims by owners of nonresidential property when
the total contract is $25,000 or less and those claims that are
settled through binding arbitration under subsection (9) of this
section, any person with a claim against a contractor involving
nonresidential structures shall bring an action upon the bond
required by ORS 701.085, as provided in subsections (6) to (8) of
this section, in a court of competent jurisdiction or through
binding arbitration in compliance with ORS 36.300 to 36.365. At
the option of the claimant, a person having a claim as an owner
of nonresidential property when the total contract is $25,000 or
less may elect to bring an action upon the bond in this same
manner. In such instances, all other statutes and rules
applicable to the processing of claims in accordance with
subsections (5) to (8) of this section apply.
  (6) Except as set forth in subsection (5) of this section, in
order to have access to the bond required by ORS 701.085, the
claimant in an action against a contractor involving
nonresidential structures must deliver a copy of the complaint to
the board and to the surety on the bond by certified mail, return
receipt requested, within 90 days of the date the complaint was
filed. The surety shall not be joined as a party to the action,
but shall have the absolute right to intervene in the action. If
notice is so given, except as provided in subsection (8) of this
section, the surety that received notice shall be bound by any
judgment entered in the action, unless within 30 days of receipt
of such notice, the surety delivers to the claimant or the
claimant's attorney of record and to the board by certified mail,
return receipt requested, or by facsimile machine or form of
transmission with an acknowledgement, a notice that the surety is
not the surety that should have received the claimant's notice.
If the claimant disputes the validity of the surety's notice, or
if the surety disputes the validity or timeliness of the delivery
of the complaint, the claimant may join the surety as a defendant
or the surety may join as a party in the action. If the surety
elects to intervene in the action or is joined as a party to the
action, it shall be bound by all issues of fact and law
determined by the court, which issues shall not then be subject
to review by the board. The date the board receives a copy of the
 
 
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complaint shall be the date the board uses to establish the
priority of the claim.
  (7) If a court issues a judgment against a contractor in an
action involving nonresidential structures, the claimant shall
deliver a certified copy of the judgment to the board and to the
surety within 30 days of the date of entry of the judgment in
order to retain a claim against the bond. The entry of a final
judgment against the contractor shall fully and finally conclude
the contractor's involvement concerning participation in any and
all proceedings to determine whether its bond is subject to
payment of the claim. The contractor shall not be a party to the
administrative process set forth in subsection (8) of this
section, which shall proceed with the claimant and surety as the
only parties.
  (8)(a) Upon receipt of a timely filed copy of the judgment
specified in subsection (7) of this section, the board shall
issue a proposed order in the amount of the judgment, together
with any court costs, interest and attorney fees awarded by the
court. The board's determination of the claim shall be limited
only to determinations of whether the claim comes within the
jurisdiction of the board and is subject to payment by the
surety. The proposed order shall be issued in such form as to
indicate the surety's maximum liability to the claimant. If there
are no exceptions filed to the proposed order within the time
period provided therefor after issuance of the proposed order,
the proposed order shall become final without any further action
required by the board. The surety's right to except to the
proposed order based upon a judgment, except where the surety has
elected to intervene in the action as set forth in subsection (6)
of this section, shall be limited to the following issues:
  (A) Whether the claim was timely filed with the board as
provided in subsection (3) of this section.
  (B) Whether the surety received timely notice as provided in
subsections (6) and (7) of this section.
  (C) Whether the claim is for work subject to this chapter
provided within the State of Oregon.
  (D) The extent of the surety's liability to the claimant.
  (b) The provisions of ORS 701.150 (4) shall in all events apply
and the surety shall be entitled to except to the proposed order
as to the specific monetary liability of the surety in connection
with all claims then pending. The surety shall not be required to
pay any claim under subsection (7) of this section until such
time as it receives notice from the board under ORS 701.140 that
claims are ready for payment.
  (9) With the prior agreement of the claimant and licensee, the
board may resolve the claim through binding arbitration under
rules adopted by the board generally in conformance with ORS
36.300 to 36.365. The board may also use the arbitration
procedure to resolve a construction dispute between any persons
who agree to follow the rules of the board.
  (10) The board may require claims of less than $1,000 to be
subject to mediation or resolved through binding
arbitration. Notwithstanding the provisions of subsection (4) of
this section, the board is not required to investigate claims of
less than $1,000.
  (11) The board may apply the provisions of subsections (5) to
(8) of this section to any arbitration decision as it would to a
judgment of a court whether the arbitration decision is rendered
by the board or by independent arbitration.
 
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                   Page 9
 
 
 
  (12) Contested case hearings before the board must be conducted
by the board or by a hearing officer designated by the board.
 { + Notwithstanding ORS 670.325, + } the board may delegate
authority to the hearing officer to issue a final order in any
matter.
  (13) The board by rule may require a deposit not to exceed $100
for the filing of a claim, the filing of a request for hearing or
the filing of exceptions. Such deposit is recoverable by the
party.
  SECTION 6. ORS 701.215 is amended to read:
  701.215. (1) The Construction Contractors Board shall select
from among its members a chairperson, a vice chairperson and such
other officers for such terms and with such duties and powers
necessary for the performance of their duties as the board
determines.
  (2) A majority of the members of the board constitutes a quorum
for the transaction of business.
  (3) A member of the board is entitled to compensation and
expenses as provided in ORS 292.495.
  (4)  { + The board may create advisory committees as the board
considers necessary.  + }The chairperson of the board { + , or a
board member designated by the chairperson,  + }shall be a member
of any  { +  advisory + } committee created by the board.
  SECTION 7. ORS 701.280 is amended to read:
  701.280.   { - (1) The Construction Contractors Board shall
appoint an advisory board to be called the Construction
Contractors Training Board. The advisory board shall assist in
the development of the education standards required under
subsections (2) and (4) of this section. Members of the advisory
board shall be representatives of contractor associations or
other contractor organizations, except that one member shall
represent education.  Members of the advisory board shall not be
entitled to compensation. - }
    { - (2) - }  { +  (1) + } The Construction Contractors Board
shall require by rule that applicants for licensure under this
chapter provide evidence of completion of up to 16 hours of
education in subjects relating to business practices and laws
that affect contractors.
    { - (3) - }  { +  (2) + } In adopting rules pursuant to this
section, the Construction Contractors Board shall take into
consideration the availability of training programs in areas of
the state and shall encourage training providers to use the most
up-to-date technology. The board shall not prohibit private
organizations from providing the training services required under
this section, provided the training meets any educational
standards established by the board. The board periodically shall
review the qualifications of private training organizations and
instructors to determine compliance with the educational
standards. The board shall develop and make available to the
public a list of public and private training providers that the
board deems qualified to provide the training required under this
section.
    { - (4) - }  { +  (3) + } As a requirement for renewing a
license, the Construction Contractors Board shall require by rule
that contractors who have been licensed with the board for fewer
than two years provide evidence of completion of up to 16 hours
of education in subjects relating to business practices and laws
that affect contractors.
    { - (5) - }  { +  (4) + } In addition to the requirements of
subsection   { - (2) - }  { +  (1) + } of this section, the
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                  Page 10
 
 
 
Construction Contractors Board shall require competency testing
substantially similar to nationally recognized certification
programs for any person applying for certification as a home
inspector under ORS 701.350. The board shall also adopt
continuing education requirements for individuals certified as
home inspectors.
    { - (6) - }  { +  (5) + } A person who has complied with the
licensing requirements of ORS 446.395 is exempt from requirements
specified pursuant to subsections (1)   { - to (4) - }  { +  and
(3) + } of this section.
    { - (7) - }  { +  (6) + } If a contractor suspended for
violation of ORS 701.135 (1)(h) has not completed the educational
requirements of this section, the suspended licensee must
complete those requirements before being reinstated.
  SECTION 8.  { + ORS 701.285 is repealed. + }
                         ----------
 
 
Passed by House February 9, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 1, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                  Page 11
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2188 (HB 2188-INTRO)                  Page 12