Or. Admin. R. 812-003-0100 - Licensing Generally
(1) A
license and its identifying license number will be issued to one entity only.
Other entities shall not be included in that license, but each shall be
separately licensed and shall separately meet the licensing requirements. No
entity may perform work subject to ORS Chapter 701 through the use of another
entity's license.
(2) Entities
shall include but not be limited to the following:
(a) Sole proprietorship;
(b) Partnership, limited liability
partnership or joint venture;
(c)
Limited partnership;
(d)
Corporation;
(e) Limited liability
company; or
(f) Trust. For purposes
of licensing, a trust will be treated the same as a
corporation.
(3) The
names of all partners or joint venturers of partnerships, limited liability
partnerships and joint ventures must be on record with the agency.
(4) The names of all general partners of
limited partnerships must be on record with the agency. The agency will not
maintain a record of limited partners.
(5) If an entity listed in section (2) of
this rule changes to another type of entity its license will be terminated. The
new entity must license anew.
(6)
(a) A licensee must be covered by a general
liability insurance policy that complies with this rule. A general liability
insurance policy complies with this rule if it:
(A) Provides general liability insurance
including public liability, personal injury and property damage insurance
covering the work of the contractor that is subject to ORS Chapter 701 which
includes coverage for liability for products and completed operations according
to the terms of the policy and subject to applicable policy
exclusions.
(B) Has policy limits
in an amount not less than the applicable amount set forth in ORS
701.081
or
701.084.
(C) Bears the entity name of the covered
person and, for existing licensees, bears the specific license name and
number.
(D) Is issued by:
(i) An insurance company with a certificate
of authority from the Department of Consumer and Business Services to transact
liability insurance in Oregon; or
(ii) A risk retention group as defined in ORS
735.305
or an eligible surplus lines insurer as defined in ORS
735.405,
notwithstanding that such entities are not authorized to transact insurance in
Oregon.
(b) If
multiple licensees are named insureds on a single insurance policy, the
insurance policy must apply to each named insured as if each named insured is
the only named insured on that insurance policy and must apply separately to
each named insured against whom a claim is made or suit is
brought.
(7) Each
licensee must, at the time of application for licensing, present certification
of general liability insurance that complies with this rule.
(8)
(a)
Each applicant for initial licensing must, at the time of licensing, present a
certification of general liability insurance issued in the same name as the
application and entity name filed at the Oregon Corporation Division, if
applicable, for which licensing is being sought.
(b) Each applicant for licensing renewal,
must at the time of licensing renewal, present a certification of general
liability insurance issued in the same name as the application and entity name
filed at the Oregon Corporation Division, if applicable, and the specific
license number for which licensing renewal is being sought.
(9) Each licensee must maintain an active
general liability insurance policy for the duration of the license. Each
licensee must notify its insurance company of the insurance company's reporting
obligation, pursuant to this rule, to notify CCB of any termination of the
insurance policy or exhaustion of the insurance policy limits.
(10) Should the insurance policy's maximum
limits for any licensee under an insurance policy covering multiple licensees
be exhausted, then all named insured licensees on that insurance policy must
immediately cease work. No named licensee may start work again, until the Board
receives a certification from an insurer showing the insurance policy is
renewed, that the insurance policy limits have been reinstated, or that an
alternate general liability insurance policy has been written.
Notes
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS 701.021
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