justicedao/ipfs_state_laws huggingface dataset:
839-015-0150 Procedure for Obtaining a Temporary Permit (1) A labor contractor may obtain a temporary permit by filing an application with any office of the Bureau. Forms for this purpose may be obtained from the office in which the application is filed. (2) Temporary permits may be issued only under the following conditions: (a) The application is complete on its face; (b) Satisfactory evidence of insurance is certified to on the application; (c) The applicant or any person financially interested in any manner in the applicant's operations as a labor contractor has not had an application denied or license revoked or suspended within the preceding three years. A refusal to renew a license or grant a temporary permit because the applicant therefore or any person financially interested in the applicant's business as a labor contractor has been denied a license or had a license revoked in Oregon or any other jurisdiction within the preceding three years, is considered the same as the revocation of the license or permit on the date of its expiration; (d) Proof of financial ability to pay employees wages and advances unless otherwise exempt, from construction property owners, owners or property managers of property where janitorial services are or were to be performed, growers or producers of agricultural products or owners or lessees of land intended to be used for the production of timber is submitted with the application and is complete on its face; (e) The appropriate fee is paid at the time the application is submitted. (3) A temporary permit is valid for not more than 60 days. The permit immediately expires if the license application is rejected or a license issued. (4) The labor contractor examination must be scheduled and taken within 45 days of the date a letter of authorization is issued by the License Unit. Failure to take and pass the examination prior to the expiration date of the temporary permit will result in denial of the license application. (5) Only one temporary permit shall be issued in a 12-month consecutive period. Statutory/Other Authority: ORS 164, ORS 165, ORS 651 & ORS 658.407(3) Statutes/Other Implemented: ORS 658.425(1) - (3) 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 12-2001, f. 8-31-01, cert. ef. 9-1-01 BLI 7-2000, f. & cert. ef. 2-23-00 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84
839-015-0155 Procedure for Obtaining a License Application for a license may be made as follows: (1) File a completed application on forms supplied by the Bureau. Except in the case of a property services contractor license, each partner in any partnership business must complete and file a separate application form. (2) A labor contractor may apply for a license on behalf of an employee, providing that all of the requirements of OAR 839-015-0141 are met. (3) At the time the application is filed, pay the maximum amount of the fees set out by ORS 658.413 for the type of work to be performed. (a) For a construction labor license, pay a fee equal to that set out in 658.413(1)(b) for a farm labor contractor. (b) For a property services contractor license, pay a fee of $350 for each year of the license term. (c) Except in the case of a property services contractor license, each partner in any partnership business must pay the appropriate fee. (4) Except as provided by OAR 839-015-0210, file with the application proof of financial ability to pay wages and advances in the amount required by OAR 839-015-0210 on forms supplied by the bureau. Except as provided in OAR 839-015-0157 or in the case of a property services contractor business, each partner in any partnership business must file such proof. Such proof may be a corporate surety bond, a cash deposit or a deposit the equivalent of cash. (5) File any assumed business name and corporate name with the Office of the Secretary of State and submit proof of such filing with the application. (6) If a corporation, show proof of being authorized to do business in Oregon. (7) All forms, documents and other required information shall be filed with Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 651.060(4), ORS 658.407 & ORS 658.413 Statutes/Other Implemented: ORS 658.413 & OL CH. 633, 2019 History: BLI 13-2019, amend filed 10/31/2019, effective 01/01/2020 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 4-2014, f. & cert. ef. 4-10-14 BLI 1-2014(Temp), f. & cert. ef. 1-21-14 thru 6-30-14 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BLI 12-1999, f. 9-28-99, cert. ef. 10-23-99 BL 2-1996, f. & cert. ef. 1-9-96 BL 1-1994, f. & cert. ef. 5-3-94 BL 11-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 3-1990, f. & cert. ef. 3-1-90 BL 16-1988, f. & cert. ef. 12-13-88 BL 6-1984, f. & ef. 4-27-84
839-015-0160 Procedure for Obtaining a Duplicate License In the event a license is lost or stolen, the licensee shall submit a written request for a duplicate license. The licensee shall state the reasons for the request and the circumstances of the loss or theft. The new license will indicate the word "DUPLICATE" on the license above the number. The written request shall be made to the Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90 BL 16-1988, f. & cert. ef. 12-13-88 BL 6-1984, f. & ef. 4-27-84
839-015-0165 Procedure for Issuing or Renewing License (1) Each license shall be issued on the date all application requirements are met. (2)(a) The expiration date of a new license will be one year from the date of issuance of a permit, on the last day of the month in which the permit was issued. (b) Except as provided in section (2)(c) of this rule, the expiration date for renewal licenses will be one year from the date of issuance of the license, on the last day of the month in which the license was issued. (c) Pursuant to ORS 658.435(3), labor contractors who have been licensed for at least two consecutive years may apply for a renewal license valid for a term of two or four years, which will expire on the last day of the month in which the license was issued. (3) Applications for renewal shall be made 30 days prior to the expiration date by filing a renewal application, paying the appropriate fees, and, except where exempt, filing proof of financial ability to pay wages and certain advances. (4) For a property services contractor license, each renewal application must be accompanied by a completed training certification statement described at OAR 839-015-0380 and the work locations, employee counts and demographic information described at OAR 839-015-0355. (5) Each renewal application shall be accompanied by the work agreement between the contractor and the workers which is required by OAR 839-015-0360. The completed renewal application, renewal fee, and other information required in section (2) of this rule must be post-marked or received by the License Unit at least 30 days prior to the expiration date of the license. (6) Applications, fees and other forms and documents must be filed with the Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 651 & 658 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 28-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90 BL 16-1988, f. & cert. ef. 12-13-88 BL 6-1984, f. & ef. 4-27-84
839-015-0170 Scope of Examinations (1) The Commissioner of the Bureau of Labor and Industries may not issue an applicant a license to operate as a labor contractor until the applicant has successfully passed a qualifying examination designed to test the applicant’s ability, knowledge and proficiency to conduct and manage the business of a labor contractor. The examination must also test the applicant’s knowledge of an employer’s responsibility to prevent sexual assault and sexual harassment. The commissioner shall prescribe by rule the requirements for and the manner of testing the competency of license applicants. The License Unit shall provide written examinations as the Commissioner deems necessary. (2) An applicant for a property services contractor license may satisfy this requirement provided that one or more of the individuals listed on the application as responsible, financially and otherwise, for fulfilling the entity’s obligations consistent with the provisions of ORS 658.405 to 658.503 successfully passes a qualifying examination. (3) The License Unit shall provide all materials required for the examinations. (4) All examinations shall be “closed book.” (5) A written examination shall not exceed three hours. Statutory/Other Authority: ORS 651 & 658 Statutes/Other Implemented: ORS 658.405 - 658.503 & OL Ch. 008 (2018) 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 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0175 Examination Requirements (1) Applicants may make arrangements with Bureau staff to take a qualifying examination after receipt of a letter of authorization from the License Unit. (2) Requests to schedule an examination must be made by the applicant within 30 days after issuance of a temporary permit. The qualifying examination must take place within 45 days after issuance of a temporary permit. (3) Applicants must submit a written request to reschedule or change the site of an examination after the 45-day period referred to in section (2) of this rule. (4) Except for interpreters, no applicant may use any other aids or notes or receive help from another person during an examination, except to the extent required to reasonably accommodate a disability under state or federal law. Violation of this rule shall result in the examination being invalidated and treated as failed. (5) Requests for a certified court interpreter shall be made to the License Unit in writing by the applicant no fewer than 15 calendar days in advance of the date of the scheduled examination. (6) The Bureau shall arrange for an Oregon certified court interpreter to interpret the examination and the applicant’s examination responses upon receiving a written request for an interpreter by the applicant. Statutory/Other Authority: 658 & ORS 651 Statutes/Other Implemented: ORS 658.405 - 658.503 & OL Ch. 008 (2018) 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 7-2000, f. & cert. ef. 2-23-00 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0178 Grading of Examinations/Notice of Score (1) The passing score for each examination shall be 75 percent. (2) The License Unit shall notify applicants in writing of their examination scores. Statutory/Other Authority: ORS 651 & 658 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 BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0180 Review of Examinations (1) Applicants failing to pass an examination may schedule an appointment with the License Unit to review the examination at a site designated by the License Unit. (2) Requests to review failed examinations shall be scheduled within 30 days from notification of score. (3) Applicants shall show picture identification before examination review. (4) Applicants reviewing failed examinations shall not retain notes taken during the review. (5) Examinations may be reviewed only by the applicant and/or any person the applicant has authorized, in writing, to review such examinations. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BL 2-1996, f. & cert. ef. 1-9-96 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0185 Re-Examination (1) Applicants who fail an examination shall wait the following time periods before retaking the examination: (a) First failure: seven days; (b) Second failure: 14 days; (c) Third failure: 30 days; (d) Any subsequent failures: 60 days. (2) Re-examination shall not be scheduled sooner than seven days after review of a failed examination. Statutory/Other Authority: ORS 164, 165, 651, 658.412 & 962 Statutes/Other Implemented: ORS 658.412 History: BL 9-1990, f. 5-25-90, cert. ef. 6-1-90 BL 6-1990(Temp), f. 4-18-90, cert. ef. 4-17-90 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0190 Substitution of Oregon Examination (1) The Commissioner may recognize national or state examinations for licensing if taken and passed within the last 12 months. (2) Specific examinations that may be recognized in lieu of the Oregon examinations are: Farm Labor Contractor examination for the State of California. (3) Independent verification of the test results from the testing authority is required. Statutory/Other Authority: ORS 164, 165, 651, 658.412 & 962 Statutes/Other Implemented: ORS 658.412 History: BL 3-1990, f. & cert. ef. 3-1-90
839-015-0195 Alternative Methods of Examination (1) An applicant for whom English is a second language may bring an interpreter to the examination to translate the examination questions. An interpreter may not assist an applicant in answering any question, but may translate the answers. (2) Alternative methods of examination will be provided upon written request. Statutory/Other Authority: ORS 164, 165, 651, 658.412 & 962 Statutes/Other Implemented: ORS 658.412 History: BLI 13-2014, f. 11-14-14, cert. ef. 7-1-15 BL 3-1990, f. & cert. ef. 3-1-90
839-015-0200 Proof Required/Forms to Be Used for Bonds and Deposits (1) Every applicant for a labor contractor's license must, unless otherwise exempt, show proof of financial ability to promptly pay the wages of employees and any advances made to or on behalf of the contractor by construction property owners, owners or property managers of property where janitorial services are or were to be performed, growers or producers of agricultural products or owners or lessees of land intended to be used for the production of timber. Such proof must accompany the applicant's application and be on forms supplied by the bureau. (2) The proof of financial ability to promptly pay the wages and advances referred to in section (1) of this rule shall be a properly executed corporate surety bond as evidenced by the completion of Form WH-157 or a deposit in cash or negotiable securities acceptable to the commissioner. (3) The forms are available upon request from: Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 658.407(3), 658.415(14) & 658.820 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 28-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1996, f. & cert. ef. 1-9-96 BL 1-1994, f. & cert. ef. 5-3-94 BL 11-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 3-1990, f. & cert. ef. 3-1-90 BL 16-1988, f. & cert. ef. 12-13-88 BL 6-1984, f. & ef. 4-27-84
839-015-0220 Deposit in Cash or Negotiable Securities As used in ORS 658.415(3) and in these rules “a deposit in cash or negotiable securities” means a single financial instrument which yields no less than the amount required pursuant to OAR 839-015-0210 in cash immediately upon demand. If the deposit is one which is subject to a penalty for early withdrawal, then the deposit must be in an amount sufficient to satisfy the penalty and still yield no less than the amount required under OAR 839-015-0210 in cash. Statutory/Other Authority: ORS 658.407(3), 658.415(4) & 658.820 Statutes/Other Implemented: ORS 658.415(3) History: BL 1-1994, f. & cert. ef. 5-3-94 BL 11-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 3-1990, f. & cert. ef. 3-1-90 BL 6-1984, f. & ef. 4-27-84
839-015-0250 Protesting the Issuance of a License Any individual may protest the issuance of a labor contractor’s license to any applicant for such license. The protest may be made at any time after the license is actually issued as well as at any time prior to the issuance of the license. Statutory/Other Authority: ORS 651 & 658.415(14) Statutes/Other Implemented: ORS 658.420(3) 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 6-1984, f. & ef. 4-27-84
839-015-0260 Procedure for Filing Protest (1) Any individual desiring to protest the issuance of a farm and forest labor contractor license must file the protest in writing with the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. (2) The written protest must contain the following information: (a) Name, address and phone number of the individual filing the protest; (b) Date of the protest; (c) Name of licensee or license applicant against whom the protest is being made; (d) A complete statement of the facts, circumstances and other reasons for the protest. The statement should include alleged violations, approximate dates of alleged violations, names of witnesses, if any, and any documents which support the allegations; (e) The signature of the individual making the protest. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.405 - 658.503 History: BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01 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
839-015-0300 Contractor to Submit "Wage Certification" Form (1) Every labor contractor must, unless otherwise exempt, submit a certified true copy of all payroll records to the Wage and Hour Division when the contractor or the contractor's agent pays workers directly as follows: (a) The first report is due no later than 35 days from the time the contractor begins work on each contract and must include whatever payrolls the contractor has paid out at the time of the report; (b) The second report is due no later than 35 days following the end of the first 35 day period on each contract and must include whatever payrolls have been issued as of the time of the report; (c) If the contract lasts more than 70 days, succeeding wage certification reports must include whatever payrolls the contractor has paid out at the time of the report, with the reports due at successive 35 day intervals, e.g. 105 days, 140 days from the time the contractor begins work on the contract. (2) The certified true copy of payroll records may be submitted on Form WH-141. This form is available to any interested person. Any person may copy this form or use a similar form provided such form contains all the elements of Form WH-141. (3) The wages paid to the officers of the corporation may be omitted from the Form WH-141 or the other records submitted under this rule. (4) The certified true copy of payroll records shall be submitted to: Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. (5) Contractors who have recruited, solicited or supplied workers from the state of Oregon who are employed on construction, property services contracts that include janitorial services, farm or forestation/reforestation contracts located outside the State of Oregon must comply with the provisions of this rule. (6) For purposes of forest fire suppression by contract crew, the term "contract" as used in this rule means the acceptance of each dispatch order to a fire incident by a contractor supplying a contract crew to perform such work. (7) The acceptance of a dispatch order for each separate crew will be deemed to constitute a separate and distinct contract such that the failure of a contractor to submit certified payrolls for each crew as required by this rule is a separate violation. Statutory/Other Authority: ORS 658.407(3) Statutes/Other Implemented: ORS 658.440(1)(i) 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 3-2006, f. 2-16-06, cert. ef. 3-1-06 BLI 28-2005, f. 12-29-05, cert. ef. 1-1-06 BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01 BL 5-1996, f. 6-14-96, cert. ef. 7-1-96 BL 2-1996, f. & cert. ef. 1-9-96 BL 16-1988, f. & cert. ef. 12-13-88 BL 6-1984, f. & ef. 4-27-84 BL 7-1983(Temp), f. & ef. 8-5-83
839-015-0310 Contractor to Furnish Statement of Worker’s Rights and Remedies (1) Every labor contractor must furnish each worker with a written statement of the worker's rights and remedies under the Worker's Compensation Law, the Labor Contractor Law, the Federal Service Contracts Act, the Federal Davis Bacon Act, the Federal and Oregon Minimum Wage Laws, Oregon Wage Collection Laws, Oregon Prevailing Wage Laws, Unemployment Compensation Laws, Federal and Oregon Occupational Safety and Health Laws, Federal and Oregon Family/Medical Leave Acts, National Labor Relations Act and Civil Rights Laws. The form must be written in English and in the language used by the contractor to communicate with the workers. (2) The form must be given to the workers at the time they are hired, recruited or solicited by the contractor or at the time they are supplied to another by the contractor, whichever occurs first. (3) The Commissioner has prepared Form WH-151 for use by contractors in complying with this rule. The form is in English and Spanish and is available at any office of the Bureau of Labor and Industries. Statutory/Other Authority: ORS 651 & 658.407(3) Statutes/Other Implemented: ORS 658.440(1)(f)(I) 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 6-1984, f. & ef. 4-27-84
839-015-0320 Form of License In addition to the information required by ORS 658.430, the license form will contain such other information as the commissioner deems appropriate, including, but not limited to: (1) The indorsement required by ORS 658.411, ORS 658.417 and 658.715, where appropriate. (2) A statement indicating whether the licensee is authorized to act as a construction labor contractor, property services contractor, or a farm labor contractor or whether the licensee is authorized to act as both a farm labor contractor and a forest labor contractor or whether the licensee is authorized to act as a farmworker camp operator. Statutory/Other Authority: ORS 164, 165, 651 & 658 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 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