Or. Admin. R. 918-674-0270

Current through Register Vol. 63, No. 8, August 1, 2024

Section 918-674-0270 - Revocation of Third-party Certification and Appeal Process

(1) The Division may deny, suspend, revoke or cancel a third-party agency's certification if the Division finds the third-party agency has violated Oregon law, the Oregon Specialty Codes, these rules or has:

(a) Employed or contracted with uncertified inspectors and plans examiners;

(b) Failed to control and provide for the security of insignias of compliance;

(c) Failed to perform plan reviews or inspections to the Oregon Specialty Codes;

(d) Failed to maintain plan review or inspection report records;

(e) Failed to perform plan reviews or inspections in a timely manner at the frequency required;

(f) Failed to meet the Division's reporting requirements; or

(g) Failed to pay the appropriate fees to the Division.

(2) The division shall deny, suspend, revoke or cancel a third-party agency certification if the Division finds the third-party has:

(a) Entered into a conflict of interest as described in these rules;

(b) Provided or participated in design or engineering work of or for a client;

(c) Submitted false information in its application for certification;

(d) Altered or falsified plan review or inspection reports or records; or

(e) Failed to obtain or maintain general liability insurance.

(3) When a third-party agency certification has been revoked by the Division, the third-party agency shall immediately return all unused insignias of compliance to the Division.

(4) A third-party agency whose certification has been denied, suspended, revoked or canceled may submit a formal appeal to the Administrator and request contested case procedures under the Administrative Procedures Act, ORS Chapter 183.

Or. Admin. R. 918-674-0270

BCD 7-1996, f. 3-29-96, cert. ef. 4-1-96; BCD 4-1997, f. 3-18-97, cert. ef. 4-1-97; BCD 20-1998, f. 9-30-98, cert. ef. 10-1-98

Publications: The publications referred to or incorporated by reference in this rule are available from the agency.

Stat. Auth.: ORS 455.705

Stats. Implemented: ORS 455.705