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Scottyallenday

Oregon Gave me a civil penalty for advertisement

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Greetings,

 

I have been advertising on Craigslist as a handyman, I googled the term "Oregon Handyman Advertising" and came up with basically I am good except plumbing and electrical.  I put in two terms into my ad, Irrigation Repair and Sprinkler Repair, According to the Contractors Control Board (landscaping) It is against the law to say those two words as an advertisement? My question is, is this a violation of free speech? I put this as both an ad and a Resume to attract potential employers.  So Resumes online are illegal? I have seen people advertise for help needed that they need sprinkler repair, is that illegal? 

With no warnings or Cease and desist, they told me I owe them a fine of 500.00.  I really think this is unfair and I feel my free speech rights have been violated.  If a group sues to advertise on public transportation that is controversial, why can't I advertise my services on craigslist? 

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I think you tried an end run around contractor's licensing requirements and got caught. Irrigation Repair and Sprinkler Repair ARE plumbing.

 

No, it's not a violation of free speech and the resume business doesn't cut it.

 

You can advertise your services (as a handyman) on Craigslist. Nobody is stopping you. You just have to be more careful as to how you word it.

 

If you had paid more attention to the statutory requirements you would have known that you are exempt from licensing if you work "on one structure or project, under one or more contracts, when the aggregate price of all of that person’s contracts for labor, materials and all other items is less than $1,000 and such work is of a casual, minor or inconsequential nature. This subsection does not apply to a person who advertises or puts out any sign or card or other device that might indicate to the public that the person is a contractor."

 

See ORS 701.010 Exemptions from licensure:

 

https://www.oregon.gov/CCB/Documents/pdf/2015 ORS 701 2-2016.pdf

 

In fact, you might even have a defense to that fine if you can show recent invoices for irrigation and sprinkler work that were for less than $1000 and the work was of a "casual, minor or inconsequential nature."

 

 

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13 hours ago, Scottyallenday said:

I put in two terms into my ad, Irrigation Repair and Sprinkler Repair, According to the Contractors Control Board (landscaping) It is against the law to say those two words as an advertisement?

 

Despite your use of a question mark, this sentence is not a question.  Did you intend it to be a question or were you just making a statement.  Also, which two words are you referring to?

 

 

13 hours ago, Scottyallenday said:

is this a violation of free speech?

 

Regulations on commercial advertising rarely violate the Constitution's protection of free speech.  If you cited the particular law you're talking about, I could give you more detail.  However, if you read this (the section about U.S. law), you'll get the gist of it.

 

 

13 hours ago, Scottyallenday said:

So Resumes online are illegal?

 

No, although context is important.

 

 

13 hours ago, Scottyallenday said:

I have seen people advertise for help needed that they need sprinkler repair, is that illegal?

 

No.

 

 

13 hours ago, Scottyallenday said:

why can't I advertise my services on craigslist?

 

I have no idea.  One would need to read your ad and know the law that you were cited as having violated and then research the relevant law.

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The two terms I used were Sprinkler Repair and Irrigation Repair (My definition of it was programming the control box and adjusting sprinkler heads), I thought I was doing it right.  Hopefully I can come out of this, if I get a fine I will not be able to afford it, I asked the gal about that and she said "Well then we will just send you to collections".  This is making me very nervous.

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All I can suggest is that you go to the hearing and explain it the way you explained it here, show them the exception in the statute, and see how it goes.

 

If you lose ask for a payment plan. Or figure out some way to get the money.

 

You do not want to be sent to collections as the debt will grow to thousands with interest, costs, and attorney fees.

 

 

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