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Enforcement

 
Enforcement
What is the CCB Enforcement Section?
Report Unlicensed/Illegal Activity
Types of enforcement actions
Complaints against licensed contractors
What happens if a violation is established
Civil Penalty List
Special Investigation Unit (SIU)
What is the CCB Enforcement Section?
It is the mission of the CCB Enforcement Section to:
       "Provide an effective deterrent to illegal activity in the construction industry."
 
The program seeks to achieve this mission by timely investigation of all allegations of unlicensed and illegal activity on construction sites in Oregon. Because the agency's resources are limited, we concentrate enforcement resources on allegations of:
  • Unlicensed activity,
  • Theft by deception (fraud), and
  • Identity theft.
 
The Enforcement Section acts on complaints filed with the CCB, referrals from law enforcement and regulatory agencies, and upon information obtained while monitoring the Oregon construction industry.  The section has broad investigatory powers, including the authority to subpoena documents and testimony. The section may take administrative, civil or criminal action against persons or entities that violate Oregon Contractor Licensing Laws (ORS 701), and can also suspend or revoke a license to work as a contractor in Oregon.
 
The Enforcement Section consists of compliance officers, investigators, and analysts with expertise in contractor law, the construction industry, public contracting, and civil or criminal investigations.
 

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Report Unlicensed/Illegal Activity
Unlicensed activity hurts everyone—consumers, the industry as a whole and the professionals that make up the industry. Because the agency's resources are limited, we concentrate enforcement resources on allegations of:
  • Unlicensed activity,
  • Theft by deception (fraud), and
  • Identity theft.
 
You can report unlicensed activity by using the online reporting system by clicking here, or you can call the CCB at 503-378-4621.
 

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Types of enforcement actions
The Enforcement Section may take civil or administrative action against persons or entities that violate Oregon contracting laws.  The Enforcement Section issues Proposed and Final Orders assessing monetary penalties, suspension or revocation of licenses.  In the case of serious law violations, the agency will seek civil action by filing with the Attorney General to seek injunctive relief, or a complaint alleging violation of Oregon's Unfair Trade Practices Act (UTPA).
 
The agency will also seek criminal prosecution, through a District Attorney, for serious criminal violations of Oregon Contractor Laws, which may include theft related offenses, or racketeering.  The Enforcement Section works in conjunction with law enforcement agencies to assist in the handling of construction violations and facilitate referral of appropriate cases for criminal prosecution.  Where appropriate, the Enforcement Section will, under the direction of a District Attorney, investigate and prepare a criminal referral.
 
Criminal prosecution is a priority for the Enforcement Section, which will assist in any way possible to further the criminal prosecution of contracting law violations, including providing investigators to investigate and prepare such cases.   The Enforcement Section Special Investigations Unit can offer assistance to prosecutors including the preparation and execution of search warrants, case investigation and preparation

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Complaints against licensed contractors
The Enforcement Section receives and processes alleged violation complaints. A Compliance Officer will conduct an investigation in order to determine if there have been any violations of the Contractor Licensing Law or the CCB's rules and regulations.
 
Complaints against licensed contractors involving contract disputes or workmanship should be directed to CCB Dispute Resolution Services (DRS). Click here for more information on the DRS process

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What happens if a violation is established
If a violation is established but is an isolated, minor one, the Compliance Officer may send the licensee a warning letter. The warning letter informs the licensee that the CCB is aware of the violation and that a future occurrence of the same violation may result in more stringent actions by the CCB.  If, on the other hand, a more critical violation is established, the Compliance Officer may issue an order to pay a civil penalty of up to $5,000.
 
If the licensee contests the order, a hearing is set before an administrative law judge of the State of Oregon, at which the licensee can present a defense against the order. The judge makes a recommendation, based upon evidence presented at the hearing, in the form of a proposed order.  The recommendation of the law judge is used by the agency in determining the appropriate action to take.  Normally, if the licensee prevails at this hearing, the board dismisses the action. However, if the licensee does not prevail, the agency will impose a civil penalty.  If the licensee does not comply with a final order, his/her license may be suspended or revoked.

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Civil Penalty List
The Oregon Construction Contractors Board may assess civil penalties to Oregon contractors for violation of the Construction Contractors Law (ORS 701). Oregon law requires all construction contractors to be licensed with the CCB before they advertise, bid on or perform construction, remodeling or repair work.
 
Click here  to view the most recent civil penalty list.

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Special Investigation Unit (SIU)
The CCB Special Investigations Unit (SIU), part of the agency’s Enforcement Section, works with law enforcement personnel and district attorneys in Oregon and other states to reduce construction fraud.
 
In addition, SIU works closely with the Oregon Department of Justice to investigate allegations of illegal construction activity when a law violation warrants civil or criminal prosecution.
 
To view the most recent summary of SIU actions, click here.

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