2019-6-10 Agenda.docx Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2217 Fax: (503) 373-2007 E-mail: [email protected]Web: www.oregon.gov/ccb State of Oregon Honorable Kate Brown, Governor NOTICE OF PUBLIC MEETING CCB Board Meeting Wednesday, June 26, 2019 9:30 a.m. – 12:30 p.m. 201 High St SE, 1 st Floor, Hearings Room, Salem, Oregon Page Meeting Called to Order Approval of the Agenda……………………………………………………………….. ........ ACTION ITEM (pg 1) Approval of the Minutes (4/24 and 5/22/19 Board meeting)……………………………..ACTION ITEM (pg 2) Board Calendar: Next Meeting: August 28, 2019 (Beardsley Building, 1st floor) ......................................................... (pg 8) Public Comment Agency Reports 1. Agency Update (Chris Huntington) .............................................................................................. (no attachment) 2. Licensing (Dana Zeimantz) a. CCB Licensing Stats- As of 6/1/19 .................................................................................... (pg 9) 3. Business Services and Information Technology (Dana Zeimantz) a. Budget Report .................................................................................................................... (pg 10) 4. Education (Leslie Culpepper) a. Outreach and Education Program Update ........................................................................ (pg 11) 5. Enforcement (Stan Jessup) a. Enforcement Update .......................................................................................................... (pg 14) Old Business 1. OAR 812-003-0142 Rule Change (Leslie Culpepper)……………………………. ACTION ITEM (pg 15) New Business 1. Enforcement Consent Agenda (Stan Jessup). ................................................... ACTION ITEM (pg 18) 2. Officer Elections .................................................................................................. ACTION ITEM Adjournment The Board may meet in executive session under authority of ORS 192.660 from time to time. The specific statutory basis for the executive session will be announced on the record prior to the commencement of the executive session. Executive sessions are closed to the public. The Board may recess the public meeting, in order to deliberate privately, under authority of ORS 192.690(1). The public meeting will then reconvene for the purpose of decision- making. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting; call Leslie Culpepper (503) 934-2228 to make arrangements. DRAFT 6/10/19
32
Embed
DRAFT NOTICE OF PUBLIC MEETING CCB Board Meeting - Oregon Board... · Salem, Oregon. E. PUBLIC COMMENT: None F. NEW BUSINESS: MOTION: Eric Olson made a motion that the CCB appoint
This document is posted to help you gain knowledge. Please leave a comment to let me know what you think about it! Share it to your friends and learn new things together.
Transcript
2019-6-10 Agenda.docx
Construction Contractors Board 201 High St SE, Suite 600 PO Box 14140 Salem OR 97309-5052 Phone: (503) 934-2217 Fax: (503) 373-2007 E-mail: [email protected] Web: www.oregon.gov/ccb
State of Oregon Honorable Kate Brown, Governor
NOTICE OF PUBLIC MEETING CCB Board Meeting Wednesday, June 26, 2019
9:30 a.m. – 12:30 p.m. 201 High St SE, 1st Floor, Hearings Room, Salem, Oregon
Page Meeting Called to Order Approval of the Agenda……………………………………………………………….. ........ ACTION ITEM (pg 1) Approval of the Minutes (4/24 and 5/22/19 Board meeting)……………………………..ACTION ITEM (pg 2) Board Calendar:
Next Meeting: August 28, 2019 (Beardsley Building, 1st floor) ......................................................... (pg 8) Public Comment
a. CCB Licensing Stats- As of 6/1/19 .................................................................................... (pg 9)
3. Business Services and Information Technology (Dana Zeimantz) a. Budget Report .................................................................................................................... (pg 10)
4. Education (Leslie Culpepper) a. Outreach and Education Program Update ........................................................................ (pg 11)
5. Enforcement (Stan Jessup)
a. Enforcement Update .......................................................................................................... (pg 14)
Old Business 1. OAR 812-003-0142 Rule Change (Leslie Culpepper)……………………………. ACTION ITEM (pg 15)
New Business 1. Enforcement Consent Agenda (Stan Jessup). ................................................... ACTION ITEM (pg 18) 2. Officer Elections .................................................................................................. ACTION ITEM Adjournment
The Board may meet in executive session under authority of ORS 192.660 from time to time. The specific statutory basis for the executive session will be announced on the record prior to the commencement of the executive session. Executive sessions are closed to the public. The Board may recess the public meeting, in order to deliberate privately, under authority of ORS 192.690(1). The public meeting will then reconvene for the purpose of decision-making. The meeting location is accessible to persons with disabilities. A request for an interpreter for the hearing impaired or for other accommodations for persons with disabilities should be made at least 48 hours before the meeting; call Leslie Culpepper (503) 934-2228 to make arrangements.
MINUTES OF THE April 24, 2019 CONSTRUCTION CONTRACTORS BOARD MEETING
The Construction Contractors Board (CCB) met on Wednesday, April 24, 2019, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon. Attendees:
Board members appearing in person: Board Chair Jim Kitchin, Kurt Bolser, Jim Patrick, Susan Steward, Eric Olson, Dylan Bochsler, Andrea Noble Board members appearing on the phone: Javier Juarez until 9:55 a.m. Board members absent excused: Patty Dorroh
Staff: Interim Administrator Rem Nivens, Project Manager Laurie Hall, Licensing/Business Services Manager Dana Zeimantz, Enforcement Manager Stan Jessup, Communications and Education Manager Leslie Culpepper, IT Manager Noel Magee, Enforcement Support Supervisor/Interim Board Secretary Sara Heinz, Education Manager Leslie Culpepper and Assistant Attorney General Catriona McCracken.
A. MEETING CALLED TO ORDER:
Chair Kitchin called the meeting to order at 9:30 a.m. B. APPROVAL OF AGENDA:
MOTION: Jim Patrick moved to approve the agenda, with an addition to approve the minutes of the April 22 hiring subcommittee meeting. Kurt Bolser seconded the motion. Motion to approve the agenda carried unanimously.
C. APPROVAL OF MINUTES:
MOTION: Jim Patrick moved to approve the February 27, 2019 minutes. Kurt Bolser seconded the motion. Motion to approve the minutes carried unanimously. MOTION: Eric Olson moved to approve the April 22, 2019 minutes of the hiring sub-committee meeting. Kurt Bolser seconded the motion. Motion to approve the minutes carried unanimously.
D. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting is
scheduled for June 26, 2019 in the Hearings Room on the first floor at 201 High Street SE, Salem, Oregon.
E. PUBLIC COMMENT:
None
Page 2 of 32
CCB Minutes Page 2 April 24, 2019
2018 4-24 mins.docx
F. AGENCY REPORTS:
Agency Update Interim Administrator Rem Nivens reported that the budget bill HB 5010 has passed the House and Senate, and it has also been signed by the governor. The agency was asked to come back in the 2020 legislative session with an update on IT progress. Mr. Nivens also gave an update on SB771, a bill that would require the CCB to license fire suppression installers and repair people. This bill is not moving forward and received only one hearing during the legislative session. A workgroup may be convened before the next legislative session, and the sponsors of the bill may try again in February 2020. HB 3193, which focuses on wage accountability, is in the senate. A hearing is scheduled for tomorrow. Finally, Mr. Nivens thanked Laurie Hall, for her years of service at the CCB and at the state of Oregon. She is retiring at the end of May. Licensing Dana Zeimantz, Licensing Manager reported that the number of licensed contractors continues to increase. Ms. Zeimantz spent the last several months during her time in the licensing section focusing on increasing employee engagement, addressing issues of absenteeism and reducing call center burnout. Ms. Zeimantz also reported that there was a typo on the number of active and inactive licensee types by entity type. The spreadsheet reflected that there are no business trusts when in fact there is one. Board member Olson asked about call center wait times, which has increased to 90 seconds. Ms. Zeimantz reported that some state-wide phone glitches have had some effect on hold times. In addition, the phones were turned on during the holidays, and some calls entered the queue on those days. Phone problems are reported to Unify as soon as they are identified. Information Technology Noel Magee, IT Manager reported that the Oracle upgrade is complete, and the Questys upgrade is underway and should be completed in mid-June. Mr. Magee continues to participate in state-wide meetings about IT issues. The IT section continues to be trained on IT security issues. The IT section is also working on IT projects with a consulting group from OSU. Business Services The agency responded to 40+ fiscal impact statements over the last several months. CCB has over 14 months of operating cash, but is spending down its reserves as per the budget plan.
Page 3 of 32
CCB Minutes Page 3 April 24, 2019
2018 4-24 mins.docx
Education Leslie Culpepper, Education Manager reported that the Education section is in the midst of its busiest season. The section attends events all over the state, with help from the CCB Enforcement section. The Education section also has a partnership with the Division of Financial Regulation with the Department of Consumer and Business Services. DCBS staff people attend home shows and other events with the CCB, to reduce the staffing burden. The Education section will also begin homeowner outreach soon. Homeowner outreach email blasts begin in late spring and continue through the end of the summer. These email blasts educate homeowners about the value of hiring licensed contractors.
Enforcement Stan Jessup, Enforcement Manager, discussed further the partnership between the Education section and the Enforcement section. Mr. Jessup himself just went to an event in Ontario, and people from his section attend a variety of events around the state including training events, home shows, and more. Mr. Jessup also answered questions about the recent sweeps.
G. OLD BUSINESS:
OAR 812-005-0800 Rule Changes Two sections of CCB’s civil penalty rule, OAR 812-005-0800, refer to rules that have been repealed by Oregon Health Authority (OHA). OHA’s rules now point to federal regulations, which have been adopted by reference. CCB must update the civil penalty rule reflect these changes. MOTION: Jim Patrick made a motion to amend OAR 812-005-0800(30) and OAR 812-005-0800(31) to remove cross references. Kurt Bolser seconded the motion. Motion approved unanimously.
H. NEW BUSINESS:
Enforcement Consent Agenda Andrea Noble reported an actual conflict of interest in the notices of intent with case number 122222 GT Excavation. MOTION: Kurt Bolser made a motion to approve the Notices of Intent on the Consent Agenda minus case number 122222. Eric Olson seconded the motion. Motion carried unanimously. MOTION: Jim Patrick made a motion to accept case number 122222. Eric Olson seconded the motion. Motion carried unanimously. Andrea Noble abstained. MOTION: Dylan Bochsler made a motion to approve the Final Order minus case number 122222. Kurt Bolser seconded the motion. Motion carried unanimously.
Page 4 of 32
CCB Minutes Page 4 April 24, 2019
2018 4-24 mins.docx
MOTION: Jim Patrick made a motion to approve the Final Order for case number 122222. Eric Olson seconded the motion. Motion carried unanimously. Andrea Noble abstained.
OAR 812-003-0142 Rule Change Rule 812-003-0142 must be updated to reflect the temporary licensing fee reduction, which has been extended through June 30, 2021.
MOTION: Andrea Noble made a motion to approve the rule making process to amend OAR 812-003-0142 to adopt the licensing fee for the 2019-2021 biennium. Jim Patrick seconded the motion. Motion approved unanimously.
I. EXECUTIVE SESSION
The Board moved into Executive Session at 10:08 a.m. pursuant to ORS192.660(2)(f) and (h); ORS 40.225; ORS 192.345(1), (15), (22), (23), (28); and ORS 192.355(2)(a), (4), (8), and (9), to discuss confidential IT related information with counsel. The executive session was adjourned at 10:36 a.m.
I. EXECUTIVE SESSION
The Board moved into Executive Session at 10:42 a.m. pursuant to ORS670.306; ORS 192.660(2)(a) and (f); ORS40.225; and ORS 192.355(1), (2)(a), (4), (8), (9) and (10), to gather information and recommendations from Hiring Committee and DCBS and to discuss final applicants for Administrator position. The executive session was adjourned at 11:37 a.m.
MOTION: Susan Steward made a motion to extend offer for Administrator position to Chris Huntington, subject to statutorily acceptable salary, benefit and start date negotiations. Kurt Bolser seconded the motion. The motion carried unanimously. MOTION: Susan Steward made a motion to retroactively approve the extension of Rem Nivens’ term as interim administrator to cover the current hiring and transition period for the new administrator through and including June 30, 2019. Eric Olson seconded the motion. The motion carried unanimously.
The meeting adjourned at 11:40 a.m.
Page 5 of 32
MINUTES OF THE May 22, 2019 CONSTRUCTION CONTRACTORS BOARD TELECONFERENCE
MEETING The Construction Contractors Board (CCB) met on Wednesday, May 22, 2019, in the Hearings Room on the 1st floor at 201 High Street SE, Salem, Oregon via telephone. Attendees:
Board members appearing on the phone: Board Chair Jim Kitchin, Kurt Bolser, Susan Steward, Eric Olson, Dylan Bochsler, Andrea Noble
Board members absent excused: Patty Dorroh
Staff: Interim Administrator Rem Nivens, Enforcement Support Supervisor/Interim Board Secretary Sara Heinz in person and Assistant Attorney General Catriona McCracken via telephone.
A. MEETING CALLED TO ORDER:
Chair Kitchin called the meeting to order at 9:32 a.m. B. APPROVAL OF AGENDA:
MOTION: Andrea Noble moved to approve the agenda, Kurt Bolser seconded the motion. Motion to approve the agenda carried unanimously.
D. DATE OF NEXT REGULARLY SCHEDULED MEETING: The next meeting is
scheduled for June 26, 2019 in the Hearings Room on the first floor at 201 High Street SE, Salem, Oregon.
E. PUBLIC COMMENT:
None F. NEW BUSINESS:
MOTION: Eric Olson made a motion that the CCB appoint Chris Huntington as the CCB’s new Administrator and appointing authority. The appointment of Chris Huntington will be effective June 10, 2019 and will continue at the discretion of the Board and will remain in effect until cancelled or withdrawn by the Board. Andrea Noble seconded the motion. Motion carried unanimously.
Page 6 of 32
CCB Minutes Page 2 May 22, 2019
2019 5-22 mins.docx
MOTION: Eric Olson made a motion that the CCB Board delegate to CCB’s newly appointed Administrator and appointing authority, Chris Huntington, all authority previously delegated to Interim Administrator Remmal Nivens, and prior Administrator James Denno, in addition to the specific delegations of: a) expenditure decision and signature authority; b) notice and final order authority; c) rulemaking authority; and d) biennial allotment plan approval authority. These delegations will be effective June 10, 2019, and will continue at the discretion of the Board, and will remain in effect until cancelled, or withdrawn, by the Board. Kurt Bolser seconded the motion. Motion carried unanimously. MOTION: Eric Olson made a motion that CCB rescind the authority that was previously delegated to Remmal Nivens as Interim Administrator of the CCB including, but not limited to: a) appointing authority; b) expenditure decision authority; c) notice and final order authority; d) rulemaking authority; and e) biennial allotment plan approval authority, effective June 10, 2019. Andrea Noble seconded the motion. Motion carried unanimously.
The meeting adjourned at 9:39 a.m.
Page 7 of 32
CCB Board Meeting Calendar, 2019 DATE NOTED ITEMS LOCATION
February 27, 2019 1st Floor Hearings Room
April 24, 2019 Election of Officers 1st Floor Hearings Room
June 26, 2019 New Officer Terms Begin 1st Floor Hearings Room
August 28, 2019 KPM Best Practices Survey Finalized 1st Floor Hearings Room
October 23, 2019 1st Floor Hearings Room
December 4, 2019 1st Floor Hearings Room
The following dates will be reserved for potential meetings in the event that urgent matters arise requiring immediate action by the Board. Board members and the public will be notified in advance when a meeting is going to occur, and whether it will be held in Salem or via teleconference.
• January 23, 2019• March 27, 2019• May 22, 2019• July 24, 2019• September 25, 2019
Page 8 of 32
CCB LICENSING STATISTICS AS OF 6/1/19
LICENSES/ENDORSEMENTS
ENDORSEMENT TYPE NUMBER Residential General 24,021 Residential Specialty 8,630 Residential Limited 1,529 Residential Developer 201 Residential Locksmith Services 86 Residential Home Inspector Services 298 Residential Home Services Contractors 27 Residential Home Energy Performance Score Contractors 29 Inactive 1,047 TOTAL RESIDENTIAL LICENSEES 35,868 Commercial General Level 1 1,716 Commercial General Level 2 4,917 Commercial Specialty Level 1 818 Commercial Specialty Level 2 2,509 Commercial Developer 68 Inactive 219 TOTAL COMMERCIAL LICENSEES 10,247 TOTAL ACTIVE & INACTIVE LICENSEES (Number is lower than total of residential + commercial licensees since some hold both endorsements.)
40,901
HISTORICAL STATISTICS: Highest # of contractors – 46,426 on 12/31/07 Lowest # of contractors – 34,428 on 12/31/13
LICENSES/SPECIALTY Lead Base Paint Renovator (LBPR) 5,402 Lead Base Paint Activities (LBPA) 89 Construction Flagging 24 CERTIFICATIONS Home Inspectors 723 Locksmiths 500 EEAST 12 Home Energy Assessors 111 Page 9 of 32
CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX
Memorandum To: Construction Contractors Board From: Dana Zeimantz, Business Services Manager Date: May 22, 2019 Subject: Budget Report
2017-19 Budget Update March Revenue & Expense Breakdown: Actual Revenue: $620,769 Actual Expenses: $554,847 Budgeted Revenue: $614,291 Budgeted Expenses: $648,153 Variance: $ 6,478 Variance: ($ 93,306) April Revenue & Expense Breakdown: Actual Revenue: $613,757 Actual Expenses: $629,106 Budgeted Revenue: $520,039 Budgeted Expenses: $645,039 Variance: $ 93,718 Variance: ($ 15,933) Biennium Summary: The total agency budget for 2017-19 is $15,859,876. April 2019 is 22 months into the budget cycle. The current budget breakdown to date is: Actual Revenue: $11,449,206 Actual Expenses: $12,298,722 Budgeted Revenue: $10,247,866 Budgeted Expenses: $14,564,644 Variance: $ 1,201,340 Variance: ($ 2,265,922) Current Status: Actual Revenue: $11,449,206 Actual Expense: $12,298,722 Net Actual: ($ 849,516) The agency finished this period with approximately 14.5 months of operating cash.
Page 10 of 32
CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621
Memorandum
To: Construction Contractors Board From: Leslie Culpepper, Communications and Education Manager Date: June 11, 2019 Subject: Outreach and Education Program update
Homeowner Survey: Every year in late spring, the CCB contracts with a company to conduct a professional survey of homeowners in Oregon. The purpose of the survey is to measure homeowner awareness of the CCB. The survey also asks homeowners questions such as:
• How did you hear about the CCB?• Have you had contact with the CCB?• Do you hire licensed contractors when you conduct home improvement projects?
…and so on. The survey satisfies KPM #2, which requires us to measure and report how many homeowners are aware of the CCB and the services the agency provides.
Surveys in the past were conducted without specific age range quotas. Nearly 75% of respondents in the 2018 survey were age 55 and older. While seniors do represent an important target audience for the agency, this tells us little about other age groups.
This year, we used census data to look at the actual demographics of homeowners in Oregon. This information was used to determine the distribution of homeowners in the state by age. The survey instructions were re-written to establish age group quotas. The survey will not close until the quota is fulfilled in each age range.
What effect this will have on the results of the survey is unclear. As of the date of this memo, the survey is nearing its close. The results will be made available a few weeks after the survey closes. If the results are available before the June 26 meeting, then I will keep the board apprised.
Changing the survey in this way may give us some direction as we decide our outreach strategies in the future. Homeowners of different age groups may be reached in different ways. If the survey indicates one age group is significantly less aware of the CCB versus another age group, then we may change our outreach strategy accordingly.
Page 11 of 32
Outreach Update:
Earlier in the spring, the Education and Outreach section developed magazine advertisements for Oregon publications aimed at homeowners. The advertisement below will be appearing in the summer editions of Oregon Home and Eugene Magazine. Both magazines have a focus on home-related topics like remodeling and decorating. The combined statewide readership of these magazines is approximately 100,000.
Page 12 of 32
The advertisement below was created but not published. It may be used in future publications.
We’ve identified other magazines from different regions of the state, and next spring may run advertisements in several additional publications. In the mean time, the advertisements we developed for these magazines can also be used in online platforms, and we’re investigating the possibility of launching a digital campaign to reach a wider audience.
Education Update: The spring outreach season is nearing its close. In the off season, the Education section plans to begin development of a new online class for contractors about job site checks. This course will cover information about what to expect during a job site check, how to prepare for a job site check, how to prevent violations, and so on.
This course will help residential contractors satisfy their three hours of CCB credit. The Education section develops new online courses regularly to give contractors a range of options when it’s time to fullfill their continuing education requirement.
Page 13 of 32
CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX
Memorandum
To: Construction Contractors Board From: Stan Jessup, Enforcement Program Manager Date: June 10, 2019 Subject: Enforcement Update
Public Outreach On April 29th I recorded a two hour radio broadcast for “Around The House With Eric G”. I have been on this radio show in the past and the show has always been very supportive of CCB. Below are the links to both parts of the show without commercials of the broadcast aired on 5/4/19. 1st hour: https://soundcloud.com/around-the-house-ericg/how-to-hire-a-contractor-with-stan-jessup-from-the-oregon-ccb-hr-1-5-4-19 2nd hour: https://soundcloud.com/around-the-house-ericg/hour-2-with-stan-jessup-from-the-oregon-ccb-and-dealing-with-lead-paint-5-4-19 On June 3rd, I was in Burns, Oregon to give a live class for Continuing Education as well as meeting with local officials to answer questions and help them understand what CCB does and what we can do to partner with local authorities. The class had 12 attendees that indicated the really enjoyed the live training classes. Field Investigations The Field Investigation section has been participating in a multi-state NASCLA sweep that concluded on June 7th. There will be a national press release by NASCLA as well as press releases from each of the participating states on June 27th. The Oregon sweep was conducted in rural eastern Oregon between June 3rd and 7th and produced 13 alleged violations found at 115 active sites that were checked and 52 unattended active sites. Rural eastern parts of the state will typically produce lower numbers due to several factors. Many of the counties are sparsely populated and have very little construction activity that would fall within CCB jurisdiction. Economic issues also hold construction activity down in areas of lower population but it is still important for the agency to perform sweeps in these areas of the state. Typical violations found are working without a license, Exempt with employees, Non-Exempt w/o an active Worker’s Compensation policy, hiring unlicensed subcontractors, lack of written contracts, Lead Base Paint violations, etc.. The Field Investigators also check for Electrical and Plumbing licenses under an agreement with the Building Codes Division of DCBS and cross report potential violations to other government agencies.
CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX
Memorandum
To: Construction Contractors Board From: Leslie Culpepper, Education Section Date: April 11, 2019 Subject: Proposed Rule Change – OAR 812-003-0142
CCB proposes that the Board amend OAR 812-003-0142 to adopt a licensing fee for the 2019 – 2021 biennium. Draft rule language is attached. The target effective date for this rule is July 1, 2019. ISSUE: The 2019 House of Representatives passed the Construction Contractors Board’s budget bill, HB 5010,1 on April 1, 2019, based on a temporary license fee of $250 for the 2019 – 2021 biennium. The Senate will next vote on the bill2 and the governor needs to sign the bill in order for it to become law. CCB needs to adopt this fee by rule. See ORS 701.238.3 SOLUTION: Change rules to reflect a $250 contractor licensing fee for the for the period July 1, 2019 – June 30, 2021. ACTION: Amend OAR 812-003-0142.
1 “The Construction Contractors Board (CCB) receives Other Funds fee revenue from contractor licenses, continuing education, and complaint processing. Licensee revenues have rebounded due to a strong economy, leading to a projected beginning fund balance of $9.5 million in the 2019-21 biennium. The budget assumes the agency will continue its temporary fee reduction implemented in the 2017-19 biennium to hold its main contractor license fee at the reduced level of $250 for a 2-year license. The projected ending balance is $7.1 million Other Funds, which is equivalent to 11 months of operating expenditures.” Budget Report and Measure Summary, Summary of Revenue Changes, Joint Committee on Ways and Means, HB 5010 (March 2019), (emphasis added). 2 A vote is scheduled for April 11 at 11:00 a.m. 3 ORS 701.238 provides that: “(1) Before July 1 of each year, the Construction Contractors Board shall determine the amounts of the fees to be charged for applications under ORS 701.056 for the issuance or renewal of contractor licenses. The fee amounts are subject to prior approval of the Oregon Department of Administrative Services and a report to the Emergency Board prior to adoption. The fee amounts established under this section may not exceed the cost of administering the regulatory program of the board under this chapter, as authorized by the Legislative Assembly within the board’s budget, as the budget may be modified by the Emergency Board. “(2) The amounts of the fees determined by the board under subsection (1) of this section shall be effective as set by rule.” [Note: The legislature in session supersedes the Emergency Board requirement; CCB’s budget was already approved by DAS.]
Page 15 of 32
1
Proposed Rules
Explanation
812-003-0142 License Application Fees (1) Except as provided in section (6) of this rule, the application fee for all new, renewal, or reissued licenses is $325.
(2) Except as provided in section (6) of this rule, for the period from July 1, [2017] 2019, through June 30, [2019] 2021, the application fee for all new, renewal, or reissued licenses is $250.
(3) Except as provided in section (4) of this rule, application fees will not be refunded.
(4) If a licensee submits an application to renew a license and the agency cannot renew the license because the applicant has formed a new business entity, the agency may refund the renewal application fee, less a $40 processing fee.
(5)(a) Any licensee in the United States armed forces need not pay a license renewal fee if such fee would be due during the licensee’s active duty service.
(b) A licensee in the United States armed forces shall pay the next license renewal fee that will become due after the licensee is discharged from active duty service.
(c) The agency may request that the licensee provide documentation of active duty status and of discharge.
(d) Section (5) of this rule applies to licensees that are sole proprietors or partners in a general partnership.
(6) A new license issued pursuant to HB 4144 (2018) to a sole proprietorship that satisfies the requirements of HB 4144 and OAR 812-006-0162 does not require an initial application fee. This fee exemption expires on January 2, 2022. Stat. Auth.: ORS 670.310, 701.238 & 701.235, Or Laws 2018 ch 46, secs 1, 2 Stats. Implemented: ORS 701.056, 701.063, & 701.238; Or Laws 2018, ch 46, secs 1, 2 (temp. 5/5/14, 6/14 eff. 7/1/14, 6/17 eff. 7/1/17, 8/22 eff. 1/1/19)
The 2019 Oregon Legislature approved CCB’s budget based upon CCB continuing its temporary fee reduction from $325 to $250 for the 2019 – 2021 biennium. See Oregon Laws 2019, chapter ___ (effective date ____).
Page 16 of 32
CONSTRUCTION CONTRACTORS BOARD 201 High Street SE, Suite 600 PO Box 14140 Salem, OR 97309-5052 503-378-4621 503-373-2007 FAX
Memorandum
To: Construction Contractors Board From: Sara Heinz, Rules Coordinator Date: June 13, 2019 Subject: Public Comment Period OAR 812-003-0142 Rule Change
CCB started the rule making process to amend OAR 812-003-0142 to adopt a licensing fee for the 2019-2021 biennium. The target effective date for this rule in July 1, 2019. Public comment was made available until 5/21/2019. There was no public comment made regarding the above rule change.
Page 17 of 32
6/13/2019CONSTRUCTION CONTRACTORS BOARD
ENFORCEMENT CONSENT AGENDA
04/11/2019 - 06/10/2019
NOTICES OF INTENT
File # Respondent Date AmountCite
122764 05/17/2019 50.00TEASDALE BURNHAM, KRISTI ANN
File # Respondent Date Amount
1 - ADVERTISING, BIDDING OR WORKING WITHOUT A LICENSE
Cite
121931 05/03/2019 5,000.00WANNA LIFT SYSTEMS 701.021(1)