OAR 812-002-0260: Dishonest or Fraudulent Conduct

"Dishonest or fraudulent conduct", as used in ORS 701.098(1)(o) and (4)(a)(D) includes, but is not limited to, the following: (1) Acting in a manner that, because of a wrongful or fraudulent act by the applicant or licensee, has resulted in injury or damage to another person; or (2) Failing to pay monies when due for materials or services rendered in connection with the applicant's or licensee's operations as a contractor when the applicant or licensee has received sufficient funds as payment for the particular construction work project or operation for which the services or materials were rendered or purchased; or (3) Accepting payment in advance on a contract or agreement and failing to perform the work or provide services required by the contract or agreement in a diligent manner and failing to return payment for unperformed work, upon reasonable and proper demand, within ten days of demand; or (4) Displaying to the public false, misleading, or deceptive advertising whereby a reasonable person could be misled or injured; or (5) Submitting a license application that includes false or misleading information; or (6) Submitting a false gross business volume certification in order to qualify for a reduced bond amount as set forth in OAR 812-003-0280; or (7) Failing to pay minimum wages or overtime wages as required under state or federal law; or (8) Failing to comply with the state Prevailing Wage Rate Law, ORS 279C.800 to 279C.870; or (9) Failing to comply with the federal Davis-Bacon and related acts when the terms of the contract require such compliance. (10) Failing to pay wages as determined by the Bureau of Labor & Industries, Wage and Hour Division. (11) Failing to timely pay a civil penalty or fine imposed by a unit of local, state, or federal government. (12) Presenting for payment to the Board a check that subsequently is returned to the agency due to non-sufficient funds or closure of the account. (13) Entering into a settlement agreement under ORS 701.145 and failing to comply with the terms of the settlement agreement.