OAR 812-022-0025: Provider Approval — Continuing Education for Residential Contractors

(1) Pursuant to ORS 701.265(1), the agency will review and may approve initial and renewal applications from persons or entities offering continuing education for residential contractors under the standards set forth in this rule. (a) Applicants will apply for approval on a form prescribed by the agency. (b) Applicants seeking approval to offer residential continuing education must submit the following to the agency: (A) Name, address and contact information of the applicant; (B) Business entity type of the applicant and, if applicable, the Corporation Division business registry number; (C) Description of the subject area(s) the applicant will offer; (D) Description of attendance verification procedures the applicant will use; and (E) Any other information or documentation as the agency may request, including, but not limited to, evidence that: (i) The applicant, or any employee of or contractor to the applicant, has paid all civil penalties and complied with all disciplinary actions issued by any construction, insurance or education agency in any state; (ii) The applicant, or any employee of or contractor to the applicant, has appropriate work experience and educational qualifications; and (iii) The applicant’s actual advertising and solicitation materials are not fraudulent or misleading. (2) To qualify for approval, an applicant must: (a) Provide all of the information and documentation set forth in section (1) above; (b) Have, employ or contract with instructors who have at least four years of work experience or four years of education, or any combination of both, in the subject to be taught; (c) Have, employ or contract with instructors who have: (A) Paid all civil penalties issued by any construction, insurance or education agency in any state; and (B) Complied with all disciplinary actions taken by any construction, insurance or education agency in any state; (d) If the applicant intends to charge fees for courses, describe the process that the applicant will use for cancellations and refunding registrant payments. If the applicant will not permit cancellation or refunds, it must provide notice of that fact in a conspicuous manner in its advertising, solicitation and registration materials; (e) Have adequate and enforceable attendance verification procedures; and (f) Agree to maintain records available for the agency to inspect for at least six years. (3) The agency may refuse to approve an applicant as a continuing education provider or may withdraw approval from an approved continuing education provider if: (a) The applicant or approved provider fails to comply with any statute or rule administered by the agency; (b) The applicant, approved provider, or any employee of or contractor to the applicant or approved provider, fails to pay any civil penalty imposed by the agency; (c) The applicant, approved provider, or any employee of or contractor to the applicant or approved provider, has engaged in or engages in any act or conduct that constitutes or demonstrates: (A) Incompetence, bad faith, or untrustworthiness; (B) Dishonest, fraudulent or improper dealings; or (C) Lack of fitness to be, or continue as, a continuing education provider; (d) The applicant, approved provider, or any employee of or contractor to the applicant or approved provider, fails to pay any civil penalty or to comply with any disciplinary action of any construction, insurance or education agency in any state; (e) The applicant, approved provider, or any employee of or contractor to the applicant or approved provider, does not have appropriate work experience and educational qualifications; (f) The approved provider fails to follow attendance verification procedures; (g) The approved provider uses misleading or fraudulent advertising or solicitation materials; or (h) The approved provider fails to maintain records for agency inspection for at least six years. (4) Only an approved provider may offer or provide residential continuing education to a contractor or a contractor’s employees. (5) An approved provider may not allow any person not approved by the agency as a provider to offer or provide courses of the approved provider. For purposes of this rule, “offer or provide” includes, but is not limited to, assisting the contractor or the contractor’s employees in obtaining or completing the courses or acting on behalf of an approved provider in advertising or soliciting the courses. (6) Provider approval will be valid for two (2) years from the date the provider is approved by the agency. (7) Providers must re-submit an application for renewal of approval every two years. Renewal of approval will be subject to the same requirements as initial approval, as set forth in this rule.