Or. Admin. Code § 333-100-0080 - Deliberate Misconduct

(1) Any licensee, applicant for a license, employee of a licensee or applicant; or any contractor (including a supplier or consultant), subcontractor, employee of a contractor or subcontractor, of any licensee, or applicant for a license, who knowingly provides to any licensee, applicant, contractor, or subcontractor, components, equipment, materials, or other goods or services, that relate to a licensee's or applicant's activities subject to this rule; may not:

(a) Engage in deliberate misconduct that causes or, but for detection, would have caused, a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation of any license, issued by the Authority; or

(b) Deliberately submit to the Authority, a licensee, an applicant or a licensee's or applicant's contractor or subcontractor, information that the person submitting the information knows to be incomplete or inaccurate in some respect material to the Authority.

(2) A person who violates subsection (1)(a) or (1)(b) of this rule may be subject to enforcement action in accordance with OAR 333-100-0035. For purposes of subsection (1)(a) of this rule, deliberate misconduct by a person means an intentional act or omission that the person knows:

(a) Would cause a licensee or applicant to be in violation of any rule, regulation, or order, or any term, condition, or limitation, of any license issued by the Authority; or

(b) Constitutes a violation of a requirement, procedure, instruction, contract, purchase order or policy of a licensee, contractor, or subcontractor.

Notes

Or. Admin. Code § 333-100-0080

PH 3-2003, f. & cert. ef. 3-27-03; PH 31-2004(Temp), f. & cert. ef. 10-8-04 thru 4-5-05; PH 36-2004, f. & cert. ef. 12-1-04; PH 4-2007, f. & cert. ef. 3-1-07; PH 14-2008, f. & cert. ef. 9-15-08; PH 12-2017, amend filed 10/25/2017, effective 10/25/2017; PH 234-2018, amend filed 08/02/2018, effective 8/16/2018

Statutory/Other Authority: ORS 453.635

Statutes/Other Implemented: ORS 453.625 - 453.807