Chapter 597 Oregon Laws 1999

Session Law

AN ACT

HB 2812

Relating to enforcement of plumbing laws; amending ORS 455.775 and 693.090.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 455.775 is amended to read:

455.775. In addition to any other authority and power granted to the Director of the Department of Consumer and Business Services under this chapter and ORS chapters 446, 447, 460, 479, [and] 480 and 693:

(1) Except where inconsistent with other provisions of law, the director may enforce the provisions of this chapter and ORS chapters 446, 447, 460, 479, [and] 480 and 693 against any person regardless of whether a permit, certificate, license or other indicia of authority has been issued. The director may:

(a) Make an investigation;

(b) Take sworn testimony;

(d) Order corrective action; and

(e) If an immediate hazard to health and safety is imminent, issue an order to stop all or any part of the work under the applicable specialty code.

(2) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of this chapter and ORS chapters 446, 447, 460, 479, [and] 480 and 693 and any rule adopted thereunder, the director may issue an order, subject to ORS 183.413 to 183.497, directed to the person to cease and desist from the violation or threatened violation.

(3) If the director has reason to believe that any person has been engaged, or is engaging, or is about to engage in any violation of this chapter and ORS chapters 446, 447, 460, 479, [and] 480 and 693 and any rule adopted thereunder, the director may bring suit in the name and on behalf of the State of Oregon in the circuit court of any county of this state to enjoin the acts or practices and to enforce compliance with this chapter and ORS chapters 446, 447, 460, 479, [and] 480 and 693 and any rule adopted thereunder. Upon a proper showing, a permanent or temporary injunction, restraining order or writ of mandamus shall be granted.

(4) The provisions of subsection (1)(c) of this section apply only to testimony and documents related to enforcement of the building codes.

(5) A provision allowing a board to assess a penalty in this chapter or ORS chapter 446, 447, 460, 479, [or] 480 or 693 shall take precedence over any provision allowing for a penalty in ORS 455.770, 455.775 and 455.895.

SECTION 2. ORS 693.090 is amended to read:

693.090. (1) The State Plumbing Board may revoke or suspend any journeyman plumber's certificate of competency if it is obtained through error or fraud or if the holder of a certificate of competency has failed to comply with ORS 447.010 to 447.160 or the rules adopted thereunder or with ORS chapter 455 or the rules adopted thereunder or with ORS chapter 693 or the rules adopted thereunder.

(2) The board shall not deny any application for a certificate or revoke or suspend a certificate without first giving the applicant or certificate holder an opportunity for a hearing on the denial, suspension or revocation. Notice of a hearing shall be given in writing by receipted certificated mail or by personal service at least 10 days before the date of the hearing and shall state the place, date and hour of the hearing along with the grounds for the denial, suspension or revocation.

(3) Any person whose certificate of competency has been revoked may, after the expiration of one year from the date of revocation, but not before, apply for a new certificate of competency.

Approved by the Governor July 12, 1999

Filed in the office of Secretary of State July 12, 1999

Effective date October 23, 1999

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