Remodeling Consultants, Inc. v. Builders Board

This is an administrative review proceeding. Petitioner Remodeling Consultants, Inc., seeks judicial review of a determination and order by respondent Builders Board that petitioner is a “builder,” and must be licensed under the home builders licensing law (ORS 701.005 et seq). The Board imposed a fine of $1,000 upon petitioner for operating without a license.

The central issue is: Does petitioner’s business operation come within the definition of the term “builder” in ORS 701.005 (2) ?

OES 701.005 (2) provides:

“ ‘Builder’ means a person who, in the pursuit of an independent business,…