1. (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:

   1. (a) Employed or contracted with uncertified inspectors and plans examiners;
   2. (b) Failed to control and provide for the security of insignias of compliance;
   3. (c) Failed to perform plan reviews or inspections to the Oregon Specialty Codes;
   4. (d) Failed to maintain plan review or inspection report records;
   5. (e) Failed to perform plan reviews or inspections in a timely manner at the frequency required;
   6. (f) Failed to meet the Division’s reporting requirements; or
   7. (g) Failed to pay the appropriate fees to the Division.

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

   1. (a) Entered into a conflict of interest as described in these rules;
   2. (b) Provided or participated in design or engineering work of or for a client;
   3. (c) Submitted false information in its application for certification;
   4. (d) Altered or falsified plan review or inspection reports or records; or
   5. (e) Failed to obtain or maintain general liability insurance.
3. (3) When a third-party agency certification has been revoked by the Division, the third-party agency shall immediately return all unused insignias of compliance to the Division.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. (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.

   [Publications: Publications referenced are available from the agency.]

Statutory/Other Authority

ORS 455.705

Statutes/Other Implemented

ORS 455.705

History

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