justicedao/ipfs_state_laws huggingface dataset:
839-014-0380 Action Against the Bond or Deposit (1) Any person entitled to recover sums received by the indorsee or the indorsee's agents or damages occasioned to the person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee or the indorsee's agents or employees acting within the scope of their employment, or any employee of the indorsee who is legally owed any sum has a right of action against the surety on the bond or deposit with the commissioner. The individual may exercise this right or may assign this right to another. (2) The action on the bond or on the deposit held by the commissioner may not be joined in a suit or action on the bond or against the commissioner brought for any other claim. (3) Any person seeking to recover on the bond or from the deposit with the commissioner must first establish the farm-worker camp operator liability. The liability may be established in any of the following ways: (a) A judgment of the court; or (b) A final administrative order issued pursuant to statute or rule; or (c) The acknowledgment of the farm-worker camp operator of such liability; or (d) Other satisfactory evidence of liability as may be shown which establishes the liability. (4) Claims against the bond or deposit will not be paid unless, within six months of the end of the license year to which the bond or deposit applies, the claimant or claimant's assignee gives notice of the claim by certified mail to the surety or the commissioner. (5) Any claim or notice of claim filed pursuant to a claimant's right of action must be filed as follows: (a) If the filing is against a surety bond, the claim or notice must be filed with the surety. The name and address of the surety may be obtained from the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305; (b) If the filing is against a deposit held by the commissioner, the claim or notice must be filed with the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305; (6) The commissioner and the surety shall make payments on the bond or deposit in the following priority: (a) Wage claims; (b) Payments on all sums legally owing to any employee of the indorsee; (c) Payments on all sums legally owing to any person when the indorsee or the indorsee's agents have received such sums; (d) Payments on all damages occasioned to any person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee or the indorsee's agents or employees acting within the scope of their employment; (e) If there are insufficient funds to pay all sums, in accordance with the priority of payment, in full, such sums will be paid in part. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 658.850 History: BLI 30-2005, f. 12-29-05, cert. ef. 1-1-06 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0400 Definitions for Civil Penalties As used in OAR 839-014-0400 to 839-014-0450 “knowingly” or “willfully” means action undertaken with actual knowledge of a thing to be done or omitted or action undertaken by a person who should have known the thing to be done or omitted. A person “should have known the thing to be done or omitted” if the person has knowledge of facts or circumstances which, with reasonably diligent inquiry, would place the person on notice of the thing to be done or omitted to be done. A person acts knowingly or willfully if the person has the means to inform himself or herself but elects not to do so. For purposes of this rule, the farmworker camp operator or any person acting as such is presumed to know the affairs of their business operations relating to farmworker camp operations. Statutory/Other Authority: ORS 164, 165, 651, 658.820(1) & 962 History: BL 2-1990, f. & cert. ef. 3-1-90
839-014-0410 Violations Separate and Distinct Each violation is a separate and distinct offense. In the case of continuing violations, each day’s continuance is a separate and distinct violation. Statutory/Other Authority: ORS 164, 165, 651, 658.820(1) & 962 History: BL 2-1990, f. & cert. ef. 3-1-90
839-014-0430 Criteria for Determining a Civil Penalty (1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the Commissioner finds to be appropriate: (a) The history of the farmworker camp operator or other person in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the farmworker camp operator or other person knew or should have known of the violation. (2) It shall be the responsibility of the farmworker camp operator or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed. (3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from camp occupants by the farmworker camp operator or other person in violation of any statute or rule. (4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating circumstances presented by the farmworker camp operator or other person for the purpose of reducing the amount of the civil penalty to be imposed. 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
839-014-0440 Schedule of Civil Penalties (1) The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) For purposes of this rule, “repeated violations” means violations of a provision of law or rule which have been violated on more than one contract within two years of the date of the most recent violation. (3) When the commissioner determines to impose a civil penalty for acting as a farmworker camp operator without a valid license indorsement, the minimum civil penalty shall be as follows: (a) $500 for the first violation; (b) $1,000 for the first repeated violation; (c) $2,000 for the second and each subsequent repeated violation. (4) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-014-0430. (5) The civil penalties set out in this rule shall be in addition to any other penalty imposed by law or rule. Statutory/Other Authority: ORS 658.820 Statutes/Other Implemented: ORS 658.850 History: BL 5-1996, f. 6-14-96, cert. ef. 7-1-96 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0450 Suspension of Civil Penalty (1) The commissioner may suspend any civil penalty issued pursuant to ORS 658.850(3), if the matter for which the penalty was issued was corrected within 15 days of the time the operator received notice of the violation for which the civil penalty was issued. Persons desiring to have the civil penalty suspended may petition the commissioner. The petition shall contain each and every reason for the request and shall be submitted in an answer filed with the person’s request for a hearing on the civil penalty action. (2) The commissioner shall grant or deny the petition and in so doing shall consider the following factors: (a) The magnitude and seriousness or the violation or violations which led to the civil penalty; (b) The petitioner’s past history in taking all necessary measures to prevent or correct violations of statutes or rules; (c) The petitioner’s other prior violations of the statute or rules, if any; (d) Other matters which indicate to the commissioner that the petitioner is not likely to violate ORS 658.705 to 658.850 and these rules in the future. 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
839-014-0600 Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp As used in ORS 659A.253(3) and in OAR 839-014-0600 to 839-014-0630, unless the context requires otherwise: (1) “Emergency” means circumstances in which the life, health, safety or property of a person, or of a member of a person’s immediate family, is threatened with imminent harm, and shall include any instance in which a reasonable person would seek the immediate assistance of medical, law enforcement or emergency personnel. (2) “Farm-worker camp operator” means any person who operates a farmworker camp, notwithstanding the provisions of OAR 839-014-0035(8). (3) “Operating telephone” means a telephone for the purpose of communicating with persons outside the farmworker camp and over which information may be given and received at the time it is intended to be given or received. (4) “Owned or controlled” includes sufficient ownership or control to affect the terms and conditions of occupancy of the housing. (5) “Pay telephone” means a telephone which is operated by use of coins or credit card. “Pay telephone” does not include a telephone normally used by the employer for the employer’s private use. (6) “Reasonable access” means access to a telephone at any time the employee indicates that an emergency exists and that a telephone is needed to communicate with any person for the purpose of dealing with the emergency. A reasonably accessible telephone must be located at the housing or within one tenth of one mile from the housing. (7) “Reasonable opportunity for private use” means that workers are provided access to a telephone which can be used by them under circumstances in which their conversation cannot be overheard or monitored by the employer or by any other person, and at times of the day and week when they are not working, and during which they can conduct personal business. If the telephone is not located at the site of the housing, reasonable opportunity for private use includes posting at the housing in view of the workers, in the language used to communicate with the employees, a notice containing directions to the telephone and any conditions on use or availability of the telephone. Statutory/Other Authority: ORS 164, 165, 651 & 658 Statutes/Other Implemented: ORS 659A.250 - 659A.262 History: BLI 11-2018, minor correction filed 04/02/2018, effective 04/02/2018 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0610 Emergency Access to Telephone (1) When employees occupy farmworker housing that is owned or controlled by the employer, the employer shall ensure that employees occupying the housing have reasonable access to an operating telephone at any time for emergency use. The telephone may be a pay telephone, at the discretion of the employer. (2) Employers shall allow employees access to a telephone pursuant to the provisions of this rule, upon request of the employee. Statutory/Other Authority: ORS 164, 165, 651, 658 & 659A.262(9) Statutes/Other Implemented: ORS 659A.253(3) History: BLI 12-2018, minor correction filed 04/02/2018, effective 04/02/2018 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0620 Other Access to Telephone (1) When employees occupy housing that is owned or controlled by the employer, the employer shall ensure that employees occupying the housing have reasonable access to an operating telephone for the private use of the employees. The telephone must be located within a two mile radius of the farm worker housing as measured by the most direct route by road or foot path from the housing to the place where the telephone is located. (2) When the telephone designated by the employer for personal use of the employees is located in the employer’s residence or place of business, the employer may establish reasonable rules for the private use of the telephone by the employees. If the employer establishes such rules, the employer shall post a copy of the rules in a conspicuous place where all occupants can easily view them. The rules established by the employer shall be in English and in the language used by the employer to communicate with the employees. (3) If a dispute arises regarding the terms of access established by the employer, the or the court if a private action has been filed, shall determine whether the terms of access to the telephone are reasonable. (4) In making a determination, the commissioner will consider: (a) Any circumstances presented by the employer in support of the employer’s position; (b) Any circumstances presented by the employee in support of the employee’s position; (c) The number of employees occupying the housing; (d) The location of the housing; (e) Any other relevant information. Statutory/Other Authority: ORS 164, 165, 651 & 658 Statutes/Other Implemented: ORS 659A.250 - 659A.262 History: BLI 13-2018, minor correction filed 04/02/2018, effective 04/02/2018 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0630 Waiver from Telephone Requirement (1) An employer may request a waiver from the requirements of ORS 659A.253(3) and these rules. Prior to the granting of any request for waiver the employer must demonstrate to the Commissioner that: (a) Compliance with the statute and rules would constitute an unreasonable hardship for the employer; and (b) The employer meets any and all requirements of the Division for an emergency medical plan. (2) Persons desiring a waiver, may apply to the Commissioner on a form prepared by the Bureau. The completed waiver application form shall be submitted to the Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, N.E., Bldg. E-1, Salem, OR 97305. (3) Persons desiring to obtain a waiver must submit, with the application, a copy of the emergency medical plan, which meets the requirements of the rules of the Division. (4) In determining what circumstances constitute an unreasonable hardship the Commissioner shall consider the following: (a) Any circumstances presented by the employer in support of the application; (b) The number of employees occupying the housing; (c) The location of the housing; (d) The length of time the housing is intended to be occupied; (e) Any other relevant information. (5) In considering the request for the waiver the Commissioner shall consider: (a) The history of the employer in complying with the emergency medical plan; (b) Any other relevant information. (6) The Commissioner may grant the waiver request when the Commissioner determines that the provisions of section (1) of this rule are met. The Commissioner may specify any conditions on approval of the request. If the request is denied, the Commissioner shall state each reason for the denial. Statutory/Other Authority: ORS 651.060, ORS 659A.262 & ORS 659A.253 Statutes/Other Implemented: ORS 659A.253 History: BLI 15-2024, amend filed 06/28/2024, effective 07/01/2024 BLI 14-2018, minor correction filed 04/02/2018, effective 04/02/2018 BLI 30-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1990, f. & cert. ef. 3-1-90
839-015-0000 Notice of Proposed Rule Prior to the permanent adoption, amendment or repeal of any rule relating to labor contractors, 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), 658.407(3) & 658.405 - 658.503 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 9-2004, f. 7-26-04, cert. ef. 7-27-04 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84, Renumbered from 839-015-0103 BL 10-1980, f. & ef. 9-19-80
839-015-0125 Contractors Must Obtain a License; Indorsement No person may perform the activities of a labor contractor without first obtaining a temporary permit or license issued by the bureau. No person may perform the activities of a forest labor contractor or operate a farmworker camp without first obtaining a special indorsement from the bureau authorizing such performance. Unless otherwise specifically exempt, and except for cooperative corporations, no person may perform the duties of a labor contractor or operate a farmworker camp under a license issued to a corporation unless the person is also licensed to perform such duties. Statutory/Other Authority: ORS 651 & ORS 658 Statutes/Other Implemented: ORS 658.405 - 658.503 & OL Ch. 676 (2017) History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84
839-015-0141 Licensing Requirements for Employees of Contractor/ Indorsements (1) The employee of a labor contractor who is licensed under ORS 658.405 to 658.503 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions: (a) The employee's employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee; (b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer; (c) The employee does not personally employ any workers and is not responsible for paying any workers; (d) The employer maintains proof of financial responsibility pursuant to ORS 658.415(3); (e) The employer's license remains in good standing; (f) The employee meets all of the conditions for licensing as a labor contractor provided for in OAR 839-015-0140; and (g) The employee is not otherwise licensed in any manner as a labor contractor under these rules. (2) A labor contractor subject to an employee indorsement acting in compliance with section (1) of this rule need not comply with OAR 839-015-0140(8), (10) and (11) insofar as the employer has complied with these provisions. (3) The license of a labor contractor subject to the employee indorsement shall state on its face the conditions contained in this rule and shall state further that the bearer of the license is licensed to act only as conditioned by this rule. (4) The license of a labor contractor subject to an employee indorsement shall terminate immediately upon the termination of the employment relationship with the employer who sponsored the employee's application. The employee shall submit the license to the bureau forthwith. (5) A license subject to an employee indorsement may be terminated either by the employee or by the sponsoring employer by notifying the bureau in writing that either wishes to terminate the license or that the conditions specified in section (1) of this rule are no longer met. (6) The license subject to an employee indorsement terminates upon receipt by the bureau of notice referred to in section (5). The employer's joint and several liability for actions taken by the employee under color of the employee's license pursuant to ORS 658.411(4) extends to any actions taken by the employee before the original license is surrendered to the bureau. Statutory/Other Authority: ORS 651 & 658.411 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 19-2018, amend filed 09/12/2018, effective 09/14/2018 BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018 BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 18-2008, f. & cert. ef. 6-23-08 BLI 13-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 11-1-08 BL 2-1996, f. & cert. ef. 1-9-96
839-015-0142 Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge (1) The Bureau may refuse to license or renew the license of any person who proposes to use any individual, partnership, association, corporation or other entity as such person's agent for the performance of any activity specified in ORS 658.405(4), when the proposed agent has, within the preceding three years, violated any section of 658.405 to 658.485. (2) The Bureau may refuse to license or renew the license of any applicant where there is evidence of sham or subterfuge in the identity of the applying entity. The Bureau will regard as prima facie evidence of sham or subterfuge mere changes in business form in anticipation of or subsequent to denial, suspension, revocation or refusal to renew a license, where a relative by blood or marriage, or a person presently employed in an occupation, other than an occupation with a licensed labor contractor, makes application, including a renewal application, for a license and one or more of the following factors are present: (a) A lack of adequate consideration or value given for the former business or its property; (b) The use of the same real property, fixtures or equipment or use of a business name similar to that of the former business; (c) A time period of less than one year elapsed between the former entity's receipt of notice of the Bureau's intent to deny, suspend, revoke or refuse to renew its license or application and the license application by the new business; (d) A person financially interested in any capacity in the former business has a financial interest in any capacity in the new business; (e) Assets or capital of the former business are commingled with assets or capital of the new business; (f) The amount of capitalization is inadequate to meet current obligations of the new business; or (g) The formalities of a partnership or a corporation are disregarded by the new business when such business is a partnership or corporation. (3) When the factors outlined in section (2) of this rule are present, it shall be the burden of the applicant to provide evidence to the Bureau clearly indicating that such business form is not sham or subterfuge. Statutory/Other Authority: ORS 651 & 658.415(14) Statutes/Other Implemented: ORS 658.425(3) & 658.440(3)(a) History: BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018 BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 7-2000, f. & cert. ef. 2-23-00 BL 16-1988, f. & cert. ef. 12-13-88