Or. Admin. R. 812-003-0260 - Application for New License
(1) Each
entity must complete an application form prescribed by the agency. Information
provided on the form must include, but not be limited to:
(a) Name of business entity, all additional
business names, including assumed business names, under which business as a
contractor is conducted, and Corporation Division registry numbers (if
applicable);
(b) Mailing and
location address of the business entity;
(c) Legal name and address (which may be the
business address) of:
(A) The owner of a sole
proprietorship;
(B) All partners of
a general partnership or limited liability partnership;
(C) All joint venturers of a joint
venture;
(D) All general partners
of a limited partnership;
(E) All
corporate officers of a corporation;
(F) All trustees of a trust;
(G) The manager and all members of a
manager-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited
partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the
entity that is a member of the limited liability company that is the subject of
this paragraph;
(H) All members of
a member-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited
partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the
entity that is a member of the limited liability company that is the subject of
this paragraph; or
(I) The
responsible managing individual designated by the applicant.
(d) Except for a public company,
the date of birth and driver license number or number associated with United
States government-issued identification of:
(A) The owner of a sole
proprietorship;
(B) All partners of
a general partnership or limited liability partnership;
(C) All joint venturers of a joint
venture;
(D) All general partners
of a limited partnership;
(E) All
corporate officers of a corporation;
(F) All trustees of a trust;
(G) The manager and all members of a
manager-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited
partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the
entity that is a member of the limited liability company that is the subject of
this paragraph;
(H) All members of
a member-managed limited liability company, and, if one or more of the members
is a partnership, limited liability partnership, joint venture, limited
partnership, corporation, trust or limited liability company, the general
partners, venturers, corporate officers, trustees, managers or members of the
entity that is a member of the limited liability company that is the subject of
this paragraph; or
(I) The
responsible managing individual designated by the applicant.
(J) For purposes of this subsection, a
"public company" means any business entity that offers securities registered
for sale by the federal Securities and Exchange Commission to the general
public.
(e) Social
security number of the owner of a sole proprietorship or partners, if partners
are human beings, in a general partnership;
(f) Class of independent contractor license
and employer account numbers as required under OAR 812-003-0250;
(g) License endorsement sought, as provided
for under OAR 812-003-0131;
(h) The
driver license number or number associated with United States government-issued
identification of the responsible managing individual who has completed the
education and passed the examination required under ORS
701.122
or is otherwise exempt under division 6 of these rules;
(i) Names and certification numbers of all
certified locksmiths if the entity is a Residential Locksmith Services
Contractor or will do work providing locksmith services under ORS
701.475
to
701.490;
(j) Names and certification numbers of all
certified home inspectors if the entity will do work as a home inspector under
ORS
701.350;
(k) Names and certification numbers of all
certified home energy assessors if the entity is a Home Energy Performance
Score Contractor providing home energy performance scores under ORS
701.527
to
701.536
or will do work providing home energy performance scores.
(l) For each person described in subsection
(1)(c) of this section, the following information if related to construction
activities:
(A) If unsatisfied on the date of
application, a copy of a final judgment by a court in any state entered within
five years preceding the application date that requires the person to pay money
to another person or to a public body;
(B) If unsatisfied on the date of
application, a copy of a final order by an administrative agency in any state
issued within five years preceding the application date that requires the
person to pay money to another person or public body;
(C) If pending on the date of application, a
copy of a court complaint filed in any state that alleges that the person owes
money to another person or public body; or
(D) If pending on the date of application, a
copy of an administrative notice of action issued in any state that alleges
that the person owes money to another person or public body.
(m) For each person described in
subsection (1)(c) of this section, the following information if related to
construction activities;
(A) A copy of a
judgment of conviction for a crime listed in ORS
701.098(1)(i),
entered within five years preceding the application date; or
(B) A copy of an indictment for a crime
listed in ORS
701.098(1)(i),
entered within five years preceding the application date.
(C) In addition to documents required in
paragraphs (1)(m)(A) and (B) of this section, copies of police reports, parole
or probation reports indicating parole or probation officer's name and phone
number, and letters of reference.
(n) Independent contractor certification
statement and a signed acknowledgment that if the licensee qualifies as an
independent contractor the licensee understands that the licensee and any heirs
of the licensee will not qualify for workers' compensation or unemployment
compensation unless specific arrangements have been made for the licensee's
insurance coverage and that the licensee's election to be an independent
contractor is voluntary and is not a condition of any contract entered into by
the licensee;
(o) Signature of
owner, partner, joint venturer, corporate officer, member or trustee,
signifying that the information provided in the application is true and
correct; and
(p) For licenses
obtained pursuant to Oregon Laws 2018, chapter 46, sections 1 and 2, and OAR
812-006-0162, forms prescribed by the agency that document and verify
qualifying work experience.
(2) A complete license application includes
but is not limited to:
(a) A completed
application form as provided in section (1) of this rule;
(b) Except as otherwise provided, the new
application license fee as required under OAR 812-003-0142;
(c) A properly executed bond, letter of
credit or assignment of savings as required under OAR 812-003-0152,
812-003-0153, 812-003-0154 or 812-003-0155; and
(d) The certification of insurance coverage
as required under OAR 812-003-0200.
(3) The agency may return an incomplete
license application to the applicant with an explanation of the
deficiencies.
(4) All entities
listed in section (1) of this rule that are otherwise required to be registered
with the Oregon Corporation Division must be registered with the Oregon
Corporation Division and be active and in good standing. All assumed business
names used by persons or entities listed in section (1) of this rule must be
registered with the Oregon Corporation Division as the assumed business name of
the person or entity using that name.
Notes
Statutory/Other Authority: ORS 670.310 & 701.235
Statutes/Other Implemented: ORS 25.270, 25.785, 25.990, 701.035, 701.050, 701.056, 701.068, 701.073, 701.081, 701.088 & 701.122
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