justicedao/ipfs_state_laws huggingface dataset:
839-011-0510 Apprenticeship and Training Council Subpoenas — Who and What May Be Subpoenaed The Council may issue subpoenas to persons to compel testimony and the production of documents or other things that are relevant to the Council’s lawful investigative purpose and reasonable in scope under matters relating to the duties required under ORS Chapter 660.002 to 660.210. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0515 Apprenticeship and Training Council Subpoenas — Circumstances under Which a Subpoena May be Issued (1) The Council may issue a subpoena ad testificandum to compel a person to testify under oath when: (a) The Council determines that the person is a material witness in an investigation being conducted by the Council under ORS Chapter 660.002 to 660.210; (b) The information sought from the person is relevant to a lawful investigative purpose and is reasonable in scope; and (c) The Council has been unable to interview the person after having made reasonable attempts to do so, or the person states that he or she will only consent to an interview if first served with a subpoena. (2) The Council may also issue a subpoena ad testificandum to compel a person to testify under oath about the contents of documents or other things produced in response to subpoena duces tecum served on the same person. (3) The Council may issue a subpoena duces tecum to compel a person to produce documents or other things when: (a) The Council determines that the documents or other things are relevant to the Council’s investigation being conducted under ORS Chapter 660.002 to 660.210; (b) The documents or other things sought are relevant to a lawful investigative purpose and are reasonable in scope; and (c) The Council has made a written request for production of documents or things and the person to whom the request was made has failed to comply within the time specified by the Council, unless the Council finds a subpoena is necessary to protect the documents and things from destruction. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0520 Apprenticeship and Training Council Subpoenas — Who May Issue Subpoenas The Council or the Council’s designees may issue subpoenas. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0525 Apprenticeship and Training Council Subpoenas — Subpoena Duces Tecum (1) A subpoena duces tecum may be issued to any person who has custody, possession, or control of documents or other things named in the subpoena duces tecum when the conditions set out in OAR 839-011-0515(3) have been met. (2) A subpoena duces tecum issued to a corporation will be addressed to the records custodian of the corporation. (3) A subpoena duces tecum will not require production of documents or other things less than fourteen (14) days from the date of service upon the person required to produce and permit inspection of the documents or other things unless the Council finds a shorter period necessary to protect the documents and other things from destruction or if the Council has an immediate need for the documents or other things being subpoenaed. (4) The Council may also command the person to whom a subpoena duces tecum is issued to produce documents and other things by mail or otherwise, at a time and place specified in the subpoena, without commanding inspection of the originals. The person to whom the subpoena is directed complies if the person produces copies of the specified items in the specified manner and certifies that the copies are true copies of all documents and other things responsive to the subpoena. (5) The subpoenaed documents and other things must be produced at the location, time, and date required in the subpoena. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0530 Apprenticeship and Training Council Subpoenas — Subpoena Ad Testificandum (1) A subpoena ad testificandum may be issued to any person when the conditions set out in 839-011-0105(1) or 839-011-0515(2) have been met. (2) The subpoena ad testificandum must give the person a reasonable time for preparation and travel to the place of attendance and the place of attendance must be suitable place in the vicinity to which testimony is applicable. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0535 Apprenticeship and Training Council Subpoenas — Method of Service (1) Except as noted in sections (2) and (3) of this rule, subpoenas must be served in person by delivering a copy to the witness personally and, at the same time, giving or offering to the witness the fees to which the person is entitled for travel to and from the place where the witness is commanded to appear, along with one (1) day’s attendance fee. A subpoena may be served by any person 18 years of age or older. (2) Subpoenas ad testificandum may be served by mail under the following circumstances: (a) The Council must have, by personal or telephone contact, confirmed the witness’s willingness to appear if subpoenaed and certify this on the return of service; (b) The Council made arrangements for payment to the witness of fees and mileage satisfactory to the witness and pays those fees and mileage; and (c) The subpoena is sent by certified mail to the witness more than ten (10) days before the date set for appearance or production of documents or other things and the Council receives a return receipt signed by the witness more than three (3) days prior to that date. (3) A subpoena duces tecum that commands production of documents or other things but is not accompanied by a subpoena ad testificandum may be served by mail by mailing the subpoena to the person required to produce and permit inspection of the documents or things by first class mail and by certified or registered mail, return receipt requested. (4) A subpoena duces tecum issued to a corporation will be served in accordance with requirements for service of summons on a corporation pursuant to ORCP 7 D(3)(b). Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0540 Apprenticeship and Training Council Subpoenas — Fees All persons subpoenaed by the Council must be paid the mileage and per diem set out in ORS 44.415(2). Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0545 Apprenticeship and Training Council Subpoenas — Time and Manner of Objecting to Subpoenas (1) Any person served with an investigative subpoena may object to testifying or providing the documents or other things sought. Grounds for objections include: (a) The information sought is irrelevant to a lawful investigative purpose; (b) The information sought is unreasonable in scope; (c) The witness is ordered to appear to give testimony in a place that is not suitable or not in the vicinity to which the testimony is applicable; (d) The time and expense involved in copying the documents sought. In order to have this objection considered, a person making this objection must include a written estimate of the time involved and number of copies to be made in order to comply with the subpoena; (e) Reasonable cause to refuse to comply; or (f) Any other basis that may be asserted under Oregon law. (2) Objections to subpoenas must be in writing and must be received by the Council at least seven (7) calendar days before the time that the witness is subpoenaed to testify or provide documents or other things. (3) If a subpoenaed witness refuses to answer specific questions while giving testimony, the witness must state the reason for the objection at the time that the witness refuses to answer the questions. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0550 Apprenticeship and Training Council Subpoenas — Response to Objections (1) The Council will respond in writing to any objections timely received under OAR 839-011-0545(2). (2) If the objection made is the time and expense involved in copying the documents sought, the Council will provide a check to the person subpoenaed to pay for the estimated time and expense, calculated at the rates set out in OAR 839-011-0060. The Council may provide this check before or at the time the witness is subpoenaed to provide documents or other things. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0555 Apprenticeship and Training Council Subpoenas — Method of Taking Testimony (1) When a witness appears to give testimony in response to a subpoena ad testificandum, an oath or affirmation will be administered to the witness prior to his or her testimony. The oath or affirmation will be administered by an officer authorized to administer oaths in Oregon, generally a notary public. (2) The witness’s testimony will be preserved by an audio or video recording. Upon request, the Council will give the witness a copy of the recording at no cost. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0560 Apprenticeship and Training Council Subpoenas — Failure to Appear If a person served with a subpoena fails to appear and has not filed any prior objections, the Council will conclude that the person has refused, without reasonable cause, to answer any question or to produce any document or other thing. Statutory/Other Authority: ORS 660 Statutes/Other Implemented: ORS 660.120(1) History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-011-0565 Apprenticeship and Training Council Subpoenas — Enforcement of Subpoena If a person served with a subpoena refuses, without reasonable cause, to be examined, to answer any question or to produce any document or other thing as required by the subpoena, the Council may petition the circuit court in the county in which the investigation is pending for an order directing the person to show cause why the person has not complied with the subpoena and should not be held in contempt. The Council shall serve the court’s order upon the person in the manner provided by Oregon Rules of Civil Procedure 55 D. Statutory/Other Authority: ORS chapter 660 Statutes/Other Implemented: ORS 660.120(1) & ORCP 7 History: BLI 15-2015, f. & cert. ef. 11-12-15 BLI 18-2010, f. 7-29-10, cert. ef. 8-1-10
839-012-0600 Apprenticeship Grants (1) To be eligible for a grant described in section 1, chapter 496, Oregon Laws 2023, an applicant: (a) Must be registered on the Secretary of State’s business registry, unless the applicant is exempt from the obligation to do so; (b) Must include their employer identification number with the application; (c) Must be compliant, as determined by the Bureau of Labor and Industries based on the information available, with the provisions of ORS chapter 652, 653, 654 and 659A and rules adopted thereunder; (d) Must be compliant, as determined by the Bureau of Labor and Industries based on the information available, with all performance and regulatory requirements applicable to all programs and projects of the applicant that are funded in whole or part by public funds; (e) Must identify the training agents who will be involved in the administration of the grant and must demonstrate that the training agents possess all applicable licenses and registrations; (f) Must demonstrate the ability to: (A) Provide on-the-job workforce training and education necessary to pursue a career in the fire service; (B) Educate apprentices on how to mitigate fire and fire emergencies; and (C) Collaborate with associations that represent firefighters and fire service professionals and with employers that provide fire protection services, to identify career opportunities in the fire service; (g) May not be an organization described in Section 501(c)(4) of the Internal Revenue Code of 1986, that engages in lobbying; (h) May not have any active State of Federal liens or unpaid judgments, as determined by the Bureau of Labor and Industries based on the information available; and (i) Must comply with all requirements prescribed in the Request for Applications. (2) When funds are appropriated for purposes of the Trade Outreach to Veterans Grant program, the Apprenticeship and Training Division, with advice and counsel from the Oregon State Apprenticeship and Training Council, may awards grants pursuant to OAR 839-012-0600 to 839-012-0675. Statutory/Other Authority: ORS 651.060 & ORS 660.220 Statutes/Other Implemented: ORS 660.220 History: BLI 14-2025, amend filed 12/19/2025, effective 12/22/2025 BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0605 Definitions (1) “Apprenticeship Opportunities” means the availability to apply and opportunity to be selected as a Registered Apprentice. (2) “Community Based Organization” means an organization that has the capacity to help certain worker populations, such as women, veterans, minorities, individuals with disabilities, and others, prepare for apprenticeships and provide supportive services to apprentices. (3) “Job Fairs or Similar Recruitment Methods” means any external process that effectively informs diverse veterans about opportunities to apply for registered apprenticeship (on a timely basis, in sufficient numbers, and with appropriate qualifications) and that connects applicant veterans by supporting them to persevere through selection, orientation and onboarding as an apprentice. (4) “Oregon State Apprenticeship and Training Council” means the Council established by ORS 660.110. (5) “Registered Apprentice” means an Apprentice as defined in ORS 660.010. (6) “Trade Associations” means any group of employers or community based organizations that participates in providing Apprenticeship Opportunities or preparing individuals to qualify for and succeed as a Registered Apprentice. (7) “Trade Unions” means any labor union or union-affiliated community service agency that participates in providing Apprenticeship Opportunities or preparing individuals to qualify for and succeed as a Registered Apprentice. (8) “Veteran” has the meaning given in ORS 408.225. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0610 Purpose of Trade Outreach to Veterans Grant Program (1) The purpose of the Trade Outreach to Veterans Grant program is to inform veterans about registered apprenticeship programs that will prepare them for trade careers, to connect veterans with opportunities to pursue such careers by becoming registered apprentices, to prepare veterans to meet minimum qualifications and effectively participate in apprenticeship selection procedures, and to provide support to veterans who are registered as apprentices. “Trade Outreach Veterans Grant Program” means the program created by ORS(whatever statute is created by HB 2202). (2) Trade Outreach Veterans Grants are awarded on a competitive basis pursuant to a process that is initiated when the Bureau of Labor and Industries issues a solicitation. The solicitation will request grant submissions that provide an approach to accomplishing one or more of the following objectives: (a) Inform Veterans: Making information about registered apprenticeship programs broadly available to Oregonians who have served as veterans; (b) Connect Veterans: Investing in Oregon’s veterans by connecting them to apprenticeship opportunities to pursue meaningful careers through training as registered apprentices; (c) Prepare Veterans: The preparation of veterans to meet minimum qualifications and effectively participate in apprentice selection procedures; (d) Support Veterans: The strengthening of veterans as registered apprentices by providing support through such means as coaching, mentoring, information and referral services, and small financial supports designed to improve retention to journey worker status. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0615 Applications and Eligibility (1) Applications must be submitted in the form required, and by a deadline set, in the solicitation. (2) Applicants for Trade Outreach Veterans Grants must be an Oregon Trade Union or Trade Association. (3) Applicants shall be permitted to partner with Community Based Organizations. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0635 Evaluation Criteria Trade Outreach Veterans Grant applications are evaluated according to how they address the themes described in OAR 839-011-0610(1). Additional evaluation criteria include: (1) Significance of the activity or the project, including the quality of the organization(s), structures, apprenticeship and training programs, or services that will be involved; (2) The potential to broaden or deepen veteran knowledge, understanding, appreciation of, and access to Apprenticeship Opportunities; (3) The appropriateness of the budget, the quality and clarity of the project goals and design, the resources involved, and the qualifications of the project's personnel; (4) Evidence of sound fiscal management; (5) Evidence of public or private matching funds or in-kind services; (6) The process by which the project will be evaluated and plans in place to sustain or maintain the activity or project, if appropriate, following the period of the grant. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0645 Use of Grant Funds (1) Trades Outreach Veterans Grant funds must be used to provide one or more of the following services: (a) Inform veterans in Oregon about apprenticeship opportunities available to them; (b) Connect veterans in Oregon with registered apprenticeship programs that will provide them with training to qualify for meaningful careers with living wages; (c) Prepare veterans to apply for registered apprenticeship programs of their choice and effectively participate in the selection procedure, including any exceptions for which they may qualify; or (d) Support veterans in Oregon who become registered apprentices to improve the likelihood that they will complete the requirements of a registered apprenticeship and advance to journey worker status. (2) Trades Outreach Veterans Grant funds may not be used for: (a) Indirect costs; (b) Tuition assistance or scholarships apprenticeship costs; (c) Projects that have been substantially completed by the start date of the grant period; (d) Grants to offset previous project deficits; and (e) Events whose primary focus is to raise funds for a purpose outside the scope of OAR 839-011-0610. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0655 Grant Awards Process; Administration of Grants (1) Applications submitted to the Bureau of Labor and Industries pursuant to its solicitation will be reviewed by staff to determine whether the applicant is eligible to receive a Trades Outreach Veterans Grant. Ineligible applications will be returned to applicants with an explanation. (2) Applications from applicants eligible to receive a Trades Outreach Veterans Grant will be reviewed by a panel of workforce professionals designated by the Apprenticeship and Training Division who will make funding recommendations to the Apprenticeship and Training Division. (3) The Apprenticeship and Training Division evaluates qualified proposals and determines final grant awards. Announcement of grants are made as provided in the solicitation. (4) Grants are administered by the Apprenticeship and Training Division of the Bureau of Labor and Industries. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-012-0675 Grant Contract; Final Reports Grant recipients are required to enter into a contract with the Apprenticeship and Training Division of the Bureau of Labor and Industries. Pursuant to that contract, each grant recipient must complete a final expense and narrative report. Final financial reports must reflect the application budget as originally submitted unless the budget is revised with the approval of the Apprenticeship and Training Division or its designee. Grant reports must be submitted within thirty (30) days of the end date of the grant period. Statutory/Other Authority: OL CH. 528 (2019) Statutes/Other Implemented: OL CH. 528 (2019) History: BLI 18-2019, adopt filed 11/27/2019, effective 01/01/2020
839-014-0020 Notice of Proposed Rules Prior to the permanent adoption, amendment or repeal of any rule relating to farm-worker camp operations and registration of farm worker camps, the Bureau of Labor and Industries shall give notice of the intended action as required in OAR 839-002-0002. Statutory/Other Authority: ORS 183.335, 651.060(4) & 658.705 - 658.850 Statutes/Other Implemented: ORS 658.705 - 658.850 History: BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0040 Character, Competence and Reliability The character, competence and reliability contemplated by ORS 658.705 to 658.850 and these rules includes, but is not limited to, consideration of: (1) A person’s record of conduct in relations with workers, farmers and others with whom the person conducts business. (2) A person’s reliability in adhering to the terms and conditions of any contract or agreement between the person and those with whom the person conducts business. (3) A person’s timeliness in paying all debts owed including advances and wages. (4) Whether a person has unsatisfied judgments or felony convictions. (5) Whether a person has been refused a bond. (6) Whether a person has paid worker’s compensation insurance premium payments when due. (7) Whether a person has violated any provision of ORS 658.405 to 658.850 or the rules adopted thereunder. (8) Whether a person has employed an agent who has had a farm or forest labor contractor license denied, suspended, revoked or not renewed or who has otherwise violated any provisions of ORS 658.405 to 658.485. (9) Whether a person has failed to notify the Bureau of any change in the circumstances under which a license was issued. (10) Whether a person has repeatedly denied access to a farm worker camp to representatives of the Wage and Hour Division who are seeking access in connection with the enforcement of ORS Chapter 658. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 658.850 History: BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0050 Camp Operators Must Obtain Indorsement Farm-worker camp operators must obtain a farm labor contractor’s license pursuant to ORS 658.405 to 658.475 and the rules adopted thereunder, unless otherwise exempt pursuant to OAR 839-014-0060. Additionally, farmworker camp operators must obtain a special indorsement from the Bureau authorizing the operator to act as such. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 658.850 History: BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90