Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0230 - Procedure for Obtaining Reduction in the Amount of Bond or Deposit Required

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 addition to the application for aggregate bond reduction provided in OAR
			 839-015-0157, construction, farm
			 and forest labor contractors who have been licensed for at least two
			 consecutive years may apply for a reduction in the bond or deposit required by
			 ORS 658.415(3).
			 Applications shall be in writing and on forms provided by the bureau. All
			 completed applications should be mailed or delivered to the Bureau of Labor and
			 Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE,
			 Bldg. E-1, Salem, OR 97305.
(2)
			 Construction, farm and forest labor contractors may apply for a reduction in
			 the bond or deposit required at any time after the contractor has been licensed
			 for no less than two consecutive years or at the time a construction, farm or
			 forest labor contractor license renewal application is made, pursuant to ORS
			 658.435(2).
(3) The contractor must have prior approval
			 from the Bureau of Labor and Industries before submitting a reduced bond or
			 deposit.
(4) No application for a
			 reduction in the bond or deposit will be considered by the commissioner in the
			 case of a construction, farm or forest labor contractor license renewal
			 application unless such completed application is received with a completed
			 license renewal application at least 30 days prior to the expiration of the
			 license.
(5) Applicants for a
			 reduction in the bond or deposit will be notified in writing of the
			 commissioner's disposition of the application by the License Unit of the bureau
			 within 15 days of receipt of a completed application for a reduction.
(6) If application for a reduction in the
			 bond or deposit is made less than 30 days prior to the expiration date of the
			 labor contractor's license, the contractor must submit the bond or deposit
			 required pursuant to ORS
			 658.415(3)
			 without reduction along with the contractor's completed application for a bond
			 or deposit reduction.
(7) If an
			 application for a reduction in the bond or deposit is approved by the
			 commissioner after the contractor has submitted an unreduced bond, an amended
			 bond for the reduced amount approved will be accepted by the commissioner after
			 approval of the reduced bond.
(8)
			 If an application for a reduction in the bond or deposit is approved by the
			 commissioner after the contractor has submitted an unreduced cash deposit, the
			 commissioner will initiate a refund of the appropriate amount to the contractor
			 within five working days after approval of the reduced deposit.
(9) If an application for a reduction in the
			 bond or deposit is approved by the commissioner after the contractor has
			 submitted an instrument the equivalent of cash, the contractor will be allowed
			 to replace such instrument with an instrument in the approved lesser
			 amount.
(10) No application for
			 reduction in the required bond or deposit shall be approved unless the
			 commissioner determines that:
(a) The
			 applicant has operated as an Oregon licensed labor contractor without an
			 employee indorsement for at least two years in compliance with ORS
			 658.405 to
			 658.503 and with any other laws
			 pertaining to the conduct of labor contractors; and
(b) The applicant employs 21 or more
			 employees; and
(c) No valid claims
			 for unpaid wages have been made against the applicant during the qualifying
			 period of time for a bond or deposit reduction.