justicedao/ipfs_state_laws huggingface dataset:
839-014-0060 Exemptions from Farmworker Camp Licensing Requirements (1) A building or other structure is not considered to be a farm-worker camp if it is: (a) A single dwelling place, isolated and independent of other dwelling places, which is occupied solely by members of the same family; (b) A single dwelling place, isolated and independent of other dwelling places, which is occupied by five or fewer persons who are unrelated to one another; or (c) A hotel or motel provided that the housing provided to workers is provided under the same terms and conditions that is offered on a commercial basis to the general public. (2) An operator of a farm-worker camp is not required to obtain the farm-worker camp operator's indorsement when the operator has a substantial ownership interest in the real property on which the camp is located or has any form of ownership interest in the business organization that operates the camp or is related by blood or marriage to a person with such interests provided: (a) The property on which the camp is located is subject to a special farm use assessment under ORS 308A.050 to 308A.128; and, provided further, (b) The business organization which operates the camp filed an income tax return reporting farm activity in the preceding tax year. (3) Permanent employees of the farm-worker camp operator are not required to obtain a farm-worker camp operator indorsement, provided they have no financial interest in the camp or the business other than the wages paid to the employee. Statutory/Other Authority: ORS 164, 165, 651, 658.730(1) & 962 Statutes/Other Implemented: ORS 658.705(7) & 658.715(1)(b) - 658.715(2) History: BLI 30-2005, f. 12-29-05, cert. ef. 1-1-06 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0075 Issuance of Indorsement (1) An indorsement may be issued only as follows: (a) To an individual licensed as a farm/forest labor contractor proposing to operate as a sole proprietor under the individual’s own name or under the individual’s own name and an assumed business name registered with the Corporation Division; (b) To an individual licensed as a farm/forest labor contractor proposing to operate as a partner in a partnership under the individuals’ own names or under the individuals’ own names and the assumed partnership business name registered with the Corporation Division; (c) To a majority shareholder or majority shareholders of a corporation or cooperative corporation authorized to do business in Oregon by the Corporation Division and licensed as a farm/forest labor contractor. (2) No indorsement may be issued to an individual proposing to do business as a partner in a partnership unless all the partners who will operate a farmworker camp are also issued indorsements. 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
839-014-0085 Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge (1) The bureau may refuse to issue indorsements to any person who proposes to use any individual, partnership, association, corporation or other entity as such persons’ agent for the performance of any activity specified in ORS 658.405(1), when the proposed agent has, within the preceding three years, violated any section of ORS 658.405 to 658.485. (2) The bureau will regard as prima facie evidence of sham or subterfuge mere changes in business form 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 farm or forest labor contractor, makes application, including a renewal application, for a license and indorsement if 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 similar business name of the former business; (c) The time period elapsed between the bureau’s denial, suspension, revocation or refusal to renew a license and application by the new business for a license is less than one year; (d) A person financially interested in any capacity in the former business has a financial interest in any capacity in the new business; (e) The amount of capitalization is inadequate to meet current obligations of the new business; or (f) 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 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
839-014-0090 Procedure for Obtaining an Indorsement An indorsement may be applied for as follows: (1) File a completed application on forms supplied by the Bureau. In the case of a partnership or corporation, each partner, majority shareholder or major shareholders must complete and file a separate application form. (2) Pay the appropriate fees at the time the application is filed. In the case of a partnership, each partner must pay the appropriate fee. (3) File with the application proof of financial ability as provided for in ORS 658.415 or 658.735, whichever is greater, or a greater amount if required by the Commissioner, on forms supplied by the Bureau. In the case of a partnership, each partner must file such proof. Such proof may be a corporate surety bond, or a deposit in cash or negotiable securities acceptable to the Commissioner. (4) File any assumed business name and corporate name with the Corporation Division and submit proof of such filing with the application. (5) If a corporation, show proof of being authorized to do business in Oregon. Statutory/Other Authority: ORS 658.407, ORS 658.415, ORS 658.730, ORS 658.735 & ORS 658.820 Statutes/Other Implemented: ORS 658.407, ORS 658.415, ORS 658.730, ORS 658.735 & ORS 658.820 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BL 1-1994, f. & cert. ef. 5-3-94 BL 10-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0100 Procedure for Obtaining a Duplicate Indorsement In the event a license with the indorsement is lost or stolen, the licensee shall submit a written request for a duplicate license and indorsement. The licensee shall state the reasons for the request and the circumstances of the loss or theft. The replacement license will indicate the word "duplicate" on the license. The written request shall be made to the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 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
839-014-0105 Procedure for Renewing Indorsement (1) Indorsement shall expire with the farm/forest contractor's license each year unless sooner revoked. (2) Applications for renewal shall be made 30 days before the expiration date of the license by filing a renewal application, paying the appropriate fees, and filing proof of financial ability to pay wages and certain advances. (3) Applications, fees and other forms and documents 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. 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
839-014-0170 Scope of Examinations (1) The License Unit shall provide written examinations as the commissioner deems necessary. (2) The License Unit shall provide all materials required for the examinations except hand-held calculators or slide rules that may be used by the applicant. (3) All examinations shall be “closed book.” (4) A written examination shall not exceed three hours. 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
839-014-0175 Examination Requirements (1) Applicants may schedule an appointment with staff or designated proctors throughout the state to take an examination after receipt of a letter of authorization from the License Unit. (2) Once an applicant is authorized for examination, the applicant has 30 days in which to schedule an appointment to take the examination. Applicants shall take the examination within 45 days from the date of authorization. (3) To reschedule an examination after the 45 day examination period or to change the site of the examination shall require submission of a new request. (4) Except for hand-held calculators, and interpreters, no applicant may use any other aids or notes, or receive help from another person during an examination. Violation of this rule shall result in the examination being invalidated and treated as failed. 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
839-014-0178 Grading of Examinations/Notice of Score (1) The passing score for each examination shall be 75 percent. (2) The License Unit shall notify the applicant by mail of the examination scores. 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
839-014-0180 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 scores. (3) Applicants shall show picture identification before examination review. (4) Applicants reviewing failed examinations shall not be accompanied by another person during the review or retain notes taken during the review. (5) Examinations may be reviewed only by the applicant and/or any person who is authorized by the applicant, in writing, to do so. 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
839-014-0185 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-examinations shall not be scheduled sooner than seven days after review of a failed examination. Statutory/Other Authority: ORS 164, 165, 651, 658.730(1) & 962 Statutes/Other Implemented: ORS 658.730(1)(b) 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 2-1990, f. & cert. ef. 3-1-90
839-014-0190 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) A specific examination that may be recognized in lieu of the Oregon examinations is the Farm Labor Contractor examination for the State of California. (3) Independent verification of test results from the testing authority is required. 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
839-014-0195 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, 658.730(1) & 962 Statutes/Other Implemented: ORS 658.730(1)(b) History: BL 2-1990, f. & cert. ef. 3-1-90
839-014-0200 Proof Required/Forms to Be Used for Bonds and Deposits (1) Every applicant for a farm-worker camp operator's indorsement shall, in lieu of the bond or deposit required by ORS 658.415 and unless otherwise exempt, submit a bond or deposit with the application and continually maintain a bond or deposit approved by the commissioner. The applicant may make a deposit in cash or negotiable securities acceptable to the commissioner in lieu of the bond. The bond or deposit shall be conditioned upon: (a) All sums legally owing to any person when the indorsee or the indorsee's agents have received such sums; (b) 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; and (c) All sums legally owing to any employee of the indorsee. (2) The bond 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. (3) The forms are available upon request from: Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305. Statutory/Other Authority: ORS 164, 165, 651, 658 & 962 Statutes/Other Implemented: ORS 658.705 - 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
839-014-0210 Amount of Bond or Deposit to Be Filed (1) The amount of the bond or deposit referred to in OAR 839-014-0200 is $15,000, unless a greater amount is required by ORS 658.415 or by the Commissioner. The amount of the bond or deposit must be continually maintained as long as the contractor is required to be licensed under ORS 658.405 to 658.475, and is indorsed to operate a farmworker camp. (2) When an applicant for a license has been required to satisfy a court-ordered Judgment or a Final Order issued by a governmental agency, the Commissioner or the Commissioner’s designee may require the applicant to provide a bond or deposit of up to three times the amount required by ORS 658.415 or 658.735, whichever is greater, as a condition of licensure. In such case, the Commissioner or Commissioner’s designee will determine the actual amount of the bond or deposit by considering the following factors: (a) The amount of the Judgment or Order that was satisfied; (b) The magnitude and seriousness of the violation or violations which lead to the Judgment or Order; (c) The past history of the applicant in taking all necessary measures to prevent or correct violations of statutes or rules; (d) Prior violations, if any, of statutes or rules; (e) Other matters which indicate to the Commissioner or Commissioner’s designee that the applicant is not likely to violate ORS 658.415(3) in the future. Statutory/Other Authority: ORS 658.407(3), 658.415(14) & 658.820(1) Statutes/Other Implemented: ORS 658.415(3) & 658.735(1) History: BL 1-1994, f. & cert. ef. 5-3-94 BL 10-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0220 Deposit in Cash or Negotiable Securities As used in ORS 658.735 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 839-014-0210 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 yield no less than the amount required under 839-014-0210 in cash. Statutory/Other Authority: ORS 658.407(3), 658.415(14) & 658.820(1) Statutes/Other Implemented: ORS 658.735(1) History: BL 1-1994, f. & cert. ef. 5-3-94 BL 10-1993(Temp), f. 10-29-93, cert. ef. 11-3-93 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0250 Protesting the Issuance of an Indorsement Any individual may protest the issuance of an indorsement to any applicant for such an indorsement. The protest may be made at any time after the indorsement is actually issued as well as at any time prior to the issuance of the indorsement. Statutory/Other Authority: ORS 164, 165, 651, 658.730(1) & 962 Statutes/Other Implemented: ORS 658.730(1) History: BL 2-1990, f. & cert. ef. 3-1-90
839-014-0260 Procedure for Filing Protest (1) Any individual desiring to protest the issuance of an indorsement must file the protest in writing with the Bureau of Labor and Industries. (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 indorsee or applicant against whom the protest is being made; (d) A complete statement of the facts, circumstances and other reasons for the protest. The statement may include alleged violations, approximate dates of alleged violations, names of witnesses, if any, and any documents which support the allegations; and (e) The signature of the individual making the protest. Statutory/Other Authority: ORS 658.420 Statutes/Other Implemented: ORS 658.420 & ORS 658.705 - 658.850 History: BLI 1-2024, amend filed 01/04/2024, effective 01/04/2024 BL 1-1996, f. & cert. ef. 1-9-96 BL 2-1990, f. & cert. ef. 3-1-90
839-014-0310 Records Required to Be Made and Maintained by Farmworker Camp Operator (1) All farmworker camp operators shall make and maintain for a period of three years records necessary to determine their compliance with ORS 658.705 to 658.850 and these rules. (2) Records necessary to determine compliance with ORS 658.705 to 658.850 and these rules include, but are not limited to records of: (a) The names and permanent home mailing addresses of each resident of the farmworker camp; (b) The dates each resident resided in the camp; (c) Records of financial transactions between the operator and the residents; (d) Records of any inspection or citations of the camp issued by any agency of government responsible for health, safety or sanitation inspections, and correspondence with any such agency; (e) Notices posted at the camp to comply with these rules; (f) Any notices and rules for access to an operating telephone, pursuant to OAR 839-014-0620; (g) Other required records as determined by the commissioner. 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
839-014-0320 Records Availability A farmworker camp operator shall make available to representatives of the Wage and Hour Division records necessary to determine compliance with ORS 658.405 to 658.475, 658.705 to 658.850 and these rules. Records shall be made available upon the request of such representatives. 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
839-014-0350 Camp Operator to Post Notice of Compliance with Bond Requirements (1) Every farmworker camp operator who is required to furnish a surety bond, or make a deposit in lieu thereof, shall keep conspicuously posted in an exterior area of the camp which is open to all residents and in a manner easily visible to occupants of and visitors to the camp, a notice of compliance with bond requirements in both English and any other language used by the camp operator to communicate with workers. (2) The notice shall state that the contractor has complied with ORS 658.735, by obtaining a corporate surety bond or by making a deposit with the commissioner. The notice shall indicate the amount of the bond or deposit is conditioned on the payment of: (a) All sums legally owing to any person when the indorsee or the indorsee’s agents have received such sums; (b) 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; and (c) All sums legally owing to any employee of the indorsee. (3) The notice shall contain the name and Oregon address of the surety on the bond, if applicable, or the address of the bureau when a deposit is made with the commissioner. (4) The notice shall also indicate the expiration date of the bond or deposit. (5) The commissioner has prepared a notice (Form LU-121) in English and Spanish which complies with this rule. Contractors may use any form or notice so long as it contains all the elements of Form LU-121. 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
839-014-0360 Camp Operator to Post Indorsement (1) Every farmworker camp operator shall keep conspicuously posted a copy of the license, with the appropriate indorsement affixed thereto, in an exterior area of the camp easily accessible to camp occupants. The license must be posted in a manner that is easily visible to the occupants of and visitors to the camp. (2) The license form to be posted shall be provided to the farmworker camp operator by the Bureau at the time the licensee receives the indorsement. Statutory/Other Authority: ORS 164, 165, 651, 658.730(1) & 962 Statutes/Other Implemented: ORS 658.730(2) History: BL 2-1990, f. & cert. ef. 3-1-90