For a complaint described in ORS 701.139 (1) or (3)(a) or a complaint under ORS 701.139 (3)(b) that a complainant elects to have resolved under this section:
(1) The complainant must file the complaint with the Construction Contractors Board in a form prescribed by the board.
(2) The board may suspend processing of the complaint if:
(a) The same facts and issues involved in the complaint 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 or settlement; or
(b) The board determines that the nature or complexity of the dispute described in the complaint is such that a court is the appropriate forum for the adjudication of the dispute.
(3) The board may dismiss or close the complaint as established by rule of the board if any of the following conditions apply:
(a) The complainant does not respond to a board request and the request is necessary to the board’s investigation of the complaint.
(b) The complainant does not allow the board to conduct one or more on-site meetings to mediate or investigate the complaint.
(c) The complainant does not permit the contractor against whom the complaint is filed to be present at an on-site investigation made by the board.
(d) The board determines that the contractor against whom the complaint is filed is capable of complying with recommendations made by the board relative to the complaint, but the complainant does not permit the contractor to comply with the recommendations. The board may refuse to accept or further process a complaint 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.
(e) The amount in controversy is less than an amount adopted by the board and not more than $250.
(4) Upon acceptance of the complaint, the board shall give notice to the contractor against whom the complaint is made and shall initiate proceedings to determine the validity of the complaint. 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 contractor, the board may recommend to the contractor such action as the board considers appropriate to compensate the complainant. If the contractor performs accordingly, the board shall give that fact due consideration in any subsequent disciplinary proceeding brought by the board. The board may conduct one or more on-site meetings to mediate or investigate the complaint.
(5) Subject to ORS 701.148, if the board is unable to resolve the complaint under subsection (4) of this section, the board may issue a contested case notice under ORS 183.415 and:
(a) Issue a proposed default order under ORS 183.417 to become effective only if a party does not request a contested case hearing; or
(b) Refer the matter for hearing.
(6) The board shall send a copy of the notice and any proposed order described in subsection (5) of this section to the surety on the contractor bond required by ORS 701.068. [1971 c.740 §16; 1979 c.874 §4; 1983 c.616 §14; 1989 c.167 §2; 1989 c.928 §17; 1991 c.181 §10; 1991 c.717 §2; 1993 c.470 §3; 1993 c.471 §1; 1995 c.771 §4; 1997 c.301 §4; 1999 c.331 §1; 1999 c.344 §5; 1999 c.402 §31; 1999 c.849 §§172,173; 2001 c.197 §§14,15; 2001 c.414 §§9a,10a; 2007 c.288 §16; 2007 c.793 §14; 2007 c.836 §66]
Note: The amendments to 701.145 by section 66, chapter 836, Oregon Laws 2007, become operative July 1, 2008, and apply to complaints filed against persons whose contractor licenses are 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 16, chapter 288, Oregon Laws 2007, and section 14, chapter 793, Oregon Laws 2007, is set forth for the user’s convenience.
701.145. For a complaint described in ORS 701.139 (1) involving work on a residential structure or an appurtenance to a residential structure, a complaint described in ORS 701.139 (2) involving work on a small commercial structure or an appurtenance to a small commercial structure that is not resolved under ORS 701.146 or an owner’s complaint described in ORS 701.139 (4) involving work on a large commercial structure or an appurtenance to a large commercial structure that is not resolved under ORS 701.146:
(1) The complainant must file the complaint with the Construction Contractors Board in a form prescribed by the board.
(2) The board may suspend processing of the complaint if:
(a) The same facts and issues involved in the complaint 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 or settlement; or
(b) The board determines that the nature or complexity of the dispute described in the complaint is such that a court is the appropriate forum for the adjudication of the dispute.
(3) The board may dismiss or close the complaint as established by rule of the board if any of the following conditions apply:
(a) The complainant does not respond to a board request and the request is necessary to the board’s investigation of the complaint.
(b) The complainant does not allow the board to conduct one or more on-site meetings to mediate or investigate the complaint.
(c) The complainant does not permit the contractor against whom the complaint is filed to be present at an on-site investigation made by the board.
(d) The board determines that the contractor against whom the complaint is filed is capable of complying with recommendations made by the board relative to the complaint, but the complainant does not permit the contractor to comply with the recommendations. The board may refuse to accept or further process a complaint 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.
(e) The amount in controversy is less than an amount adopted by the board and not more than $250.
(4) Upon acceptance of the complaint, the board shall give notice to the contractor against whom the complaint is made and shall initiate proceedings to determine the validity of the complaint. 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 contractor, the board may recommend to the contractor such action as the board considers appropriate to compensate the complainant. If the contractor performs accordingly, the board shall give that fact due consideration in any subsequent disciplinary proceeding brought by the board. The board may conduct one or more on-site meetings to mediate or investigate the complaint.
(5) Subject to ORS 701.148, if the board is unable to resolve the complaint under subsection (4) of this section, the board may issue a contested case notice under ORS 183.415 and:
(a) Issue a proposed default order under ORS 183.417 to become effective only if a party does not request a contested case hearing; or
(b) Refer the matter for hearing.
(6) The board shall send a copy of the notice and any proposed order described in subsection (5) of this section to the surety on the contractor bond required by ORS 701.068.
Section: Previous 701.133 701.135 701.137 701.138 701.139 701.140 701.143 701.145 701.146 701.147 701.148 701.149 701.150 701.153 701.155 NextLast modified: August 7, 2008