(1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the board of not more than $5,000 for each offense.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) The board shall impose sanctions for violation of ORS 701.098 (1)(g) on both the person to whom the contract is awarded and the person who awards the contract as follows:
(a) A penalty not less than $500 nor more than $1,000 for the first offense;
(b) A penalty not less than $1,000 nor more than $2,000 for the second offense;
(c) Suspension of the person’s license for six months for a third offense;
(d) Suspension of the person’s license for three years for a fourth offense; and
(e) Revocation of the person’s license for a fifth offense.
(5) The board may impose a civil penalty not to exceed $100 for each violation of ORS 87.007 (3). [1971 c.740 §21; 1979 c.874 §5; 1981 c.618 §14; 1983 c.616 §16; 1983 c.696 §27; 1991 c.734 §90; 1995 c.216 §4; 1995 c.771 §6; 1999 c.402 §41; 2003 c.14 §441; 2003 c.778 §7; 2005 c.432 §17]
Note: Section 2, chapter 511, Oregon Laws 2007, provides:
Sec. 2. Notwithstanding the amendments to ORS 701.005 by section 1 of this 2007 Act, the Construction Contractors Board may not impose a civil penalty under ORS 701.992 for unlicensed cleaning or servicing of a chimney that occurs not more than one year after the effective date of this 2007 Act [January 1, 2008]. [2007 c.511 §2]
Note: The amendments to 701.992 by section 38, chapter 836, Oregon Laws 2007, become operative July 1, 2010. See section 70, chapter 836, Oregon Laws 2007. The text that is operative on and after July 1, 2010, is set forth for the user’s convenience.
701.992. (1) Except as provided in subsections (4) and (5) of this section, any person who violates any provision of this chapter or any rule adopted by the Construction Contractors Board shall forfeit and pay into the General Fund of the State Treasury a civil penalty in an amount determined by the board of not more than $5,000 for each offense.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.745.
(3) The provisions of this section are in addition to and not in lieu of any other penalty or sanction provided by law.
(4) The board shall impose sanctions for violation of ORS 701.098 (1)(h) on both the person to whom the contract is awarded and the person who awards the contract as follows:
(a) A penalty not less than $500 nor more than $1,000 for the first offense;
(b) A penalty not less than $1,000 nor more than $2,000 for the second offense;
(c) Suspension of the person’s license for six months for a third offense;
(d) Suspension of the person’s license for three years for a fourth offense; and
(e) Revocation of the person’s license for a fifth offense.
(5) The board may impose a civil penalty not to exceed $100 for each violation of ORS 87.007 (3).
_______________
Section: Previous 701.580 701.585 701.590 701.595 701.600 701.605 701.620 701.625 701.630 701.635 701.640 701.645 701.900 701.990 701.992Last modified: August 7, 2008