701.992 Civil
penalties and other sanctions; enforcement. (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 must 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 a violation of ORS 701.098 (1)(k) on the person to
whom a contract is awarded and the person who awards the contract, and
sanctions on a contractor for a violation of ORS 701.117 (2), 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; 2007 c.836 §38; 2023 c.277 §7]
Notes of Decisions
Cited in
3
cases (
1 in the last 5 years), 1976–2021 · leading case:
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
· cites it 42× “As for the penalty, the CCB did not have the statutory authority to impose a civil penalty based on a determination that a license applicant or licensee is unfit for licensure on criminal-conviction grounds; Allied did not violate a provision that allowed the CCB to impose a…”
Roelle v. Griffin, 651 P.2d 147 (Or. Ct. App. 1982).
“Under chapter 701, builders such as plaintiffs are barred from undertaking or bidding on any work unless they have a current, valid certificate of registration.”
Dickinson v. Davis, 552 P.2d 1333 (Or. Ct. App. 1976).
“In denying petitioner’s request we said: "* * * Where as here the penalty is within the limits authorized by the builders licensing law (ORS 701.992), it is beyond the authority of this court under the power of review granted us by the legislature to modify the penalty.”
— Or. Rev. Stat. § 701.992(1) — 1 case
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
“As for the penalty, the CCB did not have the statutory authority to impose a civil penalty based on a determination that a license applicant or licensee is unfit for licensure on criminal-conviction grounds; Allied did not violate a provision that allowed the CCB to impose a…”
— Or. Rev. Stat. § 701.992(2) — 1 case
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
“As for the penalty, the CCB did not have the statutory authority to impose a civil penalty based on a determination that a license applicant or licensee is unfit for licensure on criminal-conviction grounds; Allied did not violate a provision that allowed the CCB to impose a…”
— Or. Rev. Stat. § 701.992(4) — 1 case
Allied Structural v. CCB, 492 P.3d 642 (Or. Ct. App. 2021).
“As for the penalty, the CCB did not have the statutory authority to impose a civil penalty based on a determination that a license applicant or licensee is unfit for licensure on criminal-conviction grounds; Allied did not violate a provision that allowed the CCB to impose a…”
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.