(1) An applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application shall include, but not be limited to, the following information:
(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) and (i) 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) The general partner in a limited partnership that is a partner, joint venturer or member of the applicant.
(H) 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) For each person described in paragraphs (h) and (i) 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.
(k) The basis on which the applicant meets the standards for independent contractor status under ORS 670.600.
(2) 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.
(3) Subsection (2)(a) of this section does not apply to an applicant for licensing with endorsement solely as a residential or commercial developer.
(4) An applicant shall conform to the information provided by the applicant on the application and to the terms of the application. [Formerly 701.075]
Note: The amendments to 701.046 (formerly 701.075) by section 58a, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to licenses issued or renewed on or after July 1, 2008. See section 70, chapter 836, Oregon Laws 2007. The text that is operative until July 1, 2008, including amendments by section 2, chapter 478, Oregon Laws 2007, and section 24, chapter 648, Oregon Laws 2007, is set forth for the user’s convenience.
701.046. (1) An applicant for a construction contractor license must submit the application on a form prescribed by the Construction Contractors Board. The application shall include, but not be limited to, the following information:
(a) Classification of the license 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) and (i) 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) The general partner in a limited partnership that is a partner, joint venturer or member of the applicant.
(H) 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) For each person described in paragraphs (h) and (i) 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)(h) entered within five years preceding the application date.
(F) An indictment for a crime listed in ORS 701.098 (1)(h) filed within five years preceding the application date.
(k) The basis on which the applicant meets the standards for independent contractor status under ORS 670.600.
(2) 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.
(3) Subsection (2)(a) of this section does not apply to a licensed developer.
(4) An applicant shall conform to the information provided by the applicant on the application and to the terms of the application.
Section: Previous 701.025 701.026 701.030 701.031 701.035 701.038 701.042 701.046 701.050 701.055 701.056 701.058 701.058 701.060 701.063 NextLast modified: August 7, 2008