71st OREGON LEGISLATIVE ASSEMBLY--2001 Regular Session
 
 
                            Enrolled
 
                         House Bill 2254
 
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 proceedings for matters regulated by Construction
  Contractors Board; creating new provisions; and amending ORS
  701.160.
 
Be It Enacted by the People of the State of Oregon:
 
  SECTION 1. ORS 701.160 is amended to read:
  701.160. Notwithstanding ORS 9.320 { + :  + }  { - , a
corporation that is - }
   { +  (1) + } A party  { + may appear or be represented by an
individual who is not a member of the Oregon State Bar + } in
 { - any - }  { +  a + } proceeding before the Construction
Contractors Board or   { - any - }  { +  a + } representative
 { - thereof may appear or be represented in the proceeding by an
officer of the corporation who is not a member of the Oregon
State Bar. - }  { +  of the board, if:
  (a) The party is a corporation and the individual is an officer
of the corporation;
  (b) The party is a partnership, or a limited liability
partnership or foreign limited liability partnership as those
terms are defined in ORS 67.005, and the individual is a partner
in the partnership, limited liability partnership or foreign
limited liability partnership;
  (c) The party is a limited partnership as defined in ORS 70.005
and the individual is a general partner in the partnership;
  (d) The party is a manager-managed limited liability company as
defined in ORS 63.001 and the individual is a manager of the
company; or
  (e) The party is a member-managed limited liability company as
defined in ORS 63.001 and the individual is a member of the
company.
  (2) In addition to parties described in subsection (1) of this
section, the board, by rule, may recognize particular business
forms as parties that may appear or be represented by an
individual who is not a member of the Oregon State Bar in a
proceeding before the board or a representative of the board. A
board rule adopted under this subsection must identify the
business form of the party and specify the required relationship
between the party and the individual. The board may allow
appearance or representation of a party only by an individual who
is a director, officer, partner, trustee, manager or authorized
regular employee of the party. + }
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 1
 
 
 
  SECTION 2.  { + For purposes of section 1 of this 2001 Act,
when hearing a matter arising under ORS chapter 701, any member
of the Hearing Officer Panel established under section 3, chapter
849, Oregon Laws 1999, is a representative of the Construction
Contractors Board. + }
  SECTION 3.  { + Section 2 of this 2001 Act is repealed January
1, 2004. + }
                         ----------
 
 
Passed by House February 15, 2001
 
 
      ...........................................................
                                             Chief Clerk of House
 
      ...........................................................
                                                 Speaker of House
 
Passed by Senate May 1, 2001
 
 
      ...........................................................
                                              President of Senate
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2001
 
Approved:
 
......M.,............., 2001
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2001
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled House Bill 2254 (HB 2254-INTRO)                   Page 3