Or. Admin. Code § 812-003-0100

Current through Register Vol. 63, No. 10, October 1, 2024

Section 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.

Or. Admin. Code § 812-003-0100

CCB 9-2004, f. & cert. ef. 12-10-04; CCB 3-2005, f. & cert. ef. 8-24-05; CCB 3-2014, f. & cert. ef. 4-30-14; CCB 3-2017, amend filed 10/30/2017, effective11/1/2017; CCB 5-2018, amend filed 08/23/2018, effective 9/1/2018

Statutory/Other Authority: ORS 670.310 & 701.235

Statutes/Other Implemented: ORS 701.021