reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0350 - Notice of Compliance with Bond Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every farm-worker 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0360 - Posting the Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Every farm-worker 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 farm-worker camp operator by the Bureau at the
			 time the licensee receives the indorsement.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.730(1)
				  & ORS 962
Stats. Implemented: ORS
				  658.730(2)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0380 - Action Against the Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0400 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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 farm-worker camp operator or any person acting as
				such is presumed to know the affairs of their business operations relating to
				farm-worker camp operations.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.820(1)
				  & ORS 962
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0410 - Violations Separate and Distinct

Current through Register Vol. 63, No. 7, July 1, 2024
Each violation is a separate and distinct offense. In the case
				of continuing violations, each day's continuance is a separate and distinct
				violation.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.820(1)
				  & ORS 962
Stats.
				  Implemented:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0420 - Violations for Which a Civil Penalty May be Imposed

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				658.850, the commissioner may
				impose a civil penalty for any of the following violations:
(1) Operating a farm-worker camp without
			 first having obtained a farm labor contractor's license in violation of ORS
			 658.715;
(2) Operating a farm-worker camp without
			 first having obtained an indorsement to do so in violation of ORS
			 658.715;
(3) Operating a farm-worker camp which is not
			 registered with the Department of Consumer and Business Services in violation
			 of ORS 658.755(2)(a);
(4) Failing to post the indorsement in
			 violation of ORS 658.730(2);
(5) Failing to continually maintain a bond
			 and security behind the bond in violation of ORS
			 658.735;
(6) Failing to post a notice of compliance
			 with ORS 658.735, in violation of ORS
			 658.735(8);
(7) Failing to comply with the following
			 provisions of ORS 658.755(1), as
			 follows:
(a) ORS
			 658.405 to
			 658.485; or
(b) ORS Chapter 654 and the rules adopted
			 thereunder, provided the division has determined that there has been a failure
			 to comply with said statute and rules; or
(c) All applicable building codes and health
			 and safety codes; or
(d) ORS
			 659.280 to
			 659.295 (access to farm-worker
			 camps); or
(e) Pay or distribute
			 promptly, when due, to individuals entitled thereto, money or other things of
			 value as required by ORS
			 658.755(1)(e);
			 or
(f) The terms and provisions of
			 all legal and valid contracts or agreements as required by ORS
			 658.755(1)(f);
			 or
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0430 - Criteria for Determining a Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(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
			 farm-worker 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 farm-worker camp operator or other person knew or should have known
			 of the violation.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0440 - Schedule of Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(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 2 years of the date of the most recent violation.
(3) When the commissioner determines to
			 impose a civil penalty for acting as a farm-worker 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0450 - Suspension of Civil Penalty

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0470 - Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 commissioner may deny, refuse to issue or renew, suspend or revoke a license
			 indorsement if:
(a) The conditions under which
			 the indorsement was issued have changed or no longer exist;
(b) The indorsee's character, competence or
			 reliability makes the indorsee unfit to act as a farm-worker camp operator;
			 or
(c) The applicant or operator
			 makes any material misrepresentation, false statement or willful concealment on
			 the application for a license.
(d)
			 The indorsee discharges, evicts or in any other manner discriminates against
			 any person in violation of ORS
			 658.760.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0500 - Immediate Suspension or Refusal to Renew a License Indorsement; Notice of Opportunity for Hearing; Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 the bureau finds there is a serious danger to the public health or safety, it
			 may immediately suspend or it may refuse to renew a license indorsement. For
			 purposes of this rule, such a decision is referred to as an emergency
			 suspension order. An emergency suspension order is a written order which is not
			 a final order under ORS Chapter 183. An emergency suspension order is not an
			 order in a contested case and may be issued without notice or an opportunity
			 for a hearing as required for contested cases under ORS Chapter 183.
(2)
(a)
			 Except where the danger to the public health or safety is so imminent that
			 opportunity for the licensee to object under section (3) of this rule is not
			 practicable as determined by the bureau, the bureau shall provide the licensee
			 with notice and opportunity to object prior to issuing the emergency suspension
			 order. For purposes of this rule, this notice is referred to as a
			 pre-suspension notice;
(b) The
			 pre-suspension notice shall:
(A) Specify the
			 acts of the licensee and the evidence available to the bureau which would be
			 grounds for revocation, suspension or refusal to renew the license under the
			 bureau's usual procedures;
(B)
			 Specify the reasons why the acts of the licensee seriously endanger the
			 public's health or safety;
(C)
			 Identify a person in the bureau authorized to issue the emergency suspension
			 order or to make recommendations regarding the issuance of the emergency
			 suspension order.
(c)
			 The bureau may provide the pre-suspension notice to the licensee in writing,
			 orally by telephone or in person, or by any other means available to the
			 bureau;
(d) Where the
			 pre-suspension notice is given orally, the bureau subsequently shall provide
			 the licensee with a written copy of the notice.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0600 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				659.285(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 farm-worker 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 farm-worker 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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  659.280 - ORS
				  659.295
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0610 - Emergency Access to Telephone

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 When employees occupy farm-worker 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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658, ORS
				  659.297(9)
				  & ORS 962
Stats. Implemented: ORS
				  659.285(3)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0620 - Other Access to Telephone

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0630 - Waiver from Telephone Requirement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0000 - Notice of Proposed Rule

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the permanent adoption, amendment or repeal of any
				rule relating to construction, farm and forest 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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0004 - Definitions for Regulations Pertaining to Labor Contractors

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules, unless the context requires otherwise:
(1) "Aggregate bond or deposit" means
			 a bond or deposit posted pursuant to ORS
			 658.415 by a licensed business
			 entity on behalf of itself and any of its owners or employees who engage in
			 labor contracting activities to secure payment of wages and advances due from
			 the entity or any of its owners or employees arising from their activities as
			 labor contractors, whether incurred on behalf of the entity or any of its
			 owners or employees.
(2) "Agreed
			 remuneration" means compensation of any kind that is agreed upon by a labor
			 contractor and another for the services of such contractor.
(3) "Agricultural association" means a
			 nonprofit or cooperative association of farmers, growers or ranchers that is
			 incorporated under applicable state law and that acts as a farm labor
			 contractor solely on behalf of members of the association.
(4) "Application of big game repellent by
			 contract crew" means work performed by workers who are recruited, solicited,
			 supplied or employed by a person who has contracted to supply a crew of workers
			 to apply big game repellent.
(5)
			 "Bureau" means the Bureau of Labor and Industries.
(6) "Commissioner" means the Commissioner of
			 the Bureau of Labor and Industries, or designee.
(7) "Construction labor contractor" means any
			 person that:
(a) For an agreed remuneration
			 or rate of pay, recruits, solicits, supplies or employs workers to perform
			 labor for another in construction;
(b) For an agreed remuneration or rate of
			 pay, recruits, solicits, supplies or employs workers on behalf of an employer
			 engaged in construction; or
(c)
			 Enters into a subcontract with another for any of the activities described in
			 subparagraph (a) or (b) of this paragraph.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0125 - Contractors Must Obtain a License; Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
No person may perform the activities of a construction, farm or
				forest 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 construction, farm or forest 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 164, 165, 651, 658 &
				  962
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0130 - Exemptions from Licensing

Current through Register Vol. 63, No. 7, July 1, 2024
Unless indicated otherwise within this rule, the following
				persons are not required to obtain a labor contractor's license:
(1) A farmer or owner or lessee of land
			 intended to be used for the production of timber dealing with workers or worker
			 groups only concerning employment in their own operation.
(2) A nursery owner or operator dealing with
			 workers or worker groups only concerning employment in their own
			 operations.
(3) A processor of farm
			 products dealing with workers or worker groups only concerning employment in
			 their own farm operations.
(4) A
			 permanent employee of a farmer, nursery owner, or processor of farm products,
			 or a permanent employee of an owner or lessee of land intended to be used for
			 the production of timber so long as the employee is engaged solely in
			 activities which would not require the employer to be licensed if the employer
			 were performing the activity.
(5) A
			 person engaged only in the solicitation or recruitment of workers for
			 agricultural day-haul work and not engaged in arranging for board or lodging
			 for migrant workers and not performing as an employer of the workers.
(6) A platoon leader.
(7) A leader, or a leader's agent, of an
			 organization operating as a labor union, provided that the only payment
			 received from the workers is in the form of membership dues for which the
			 workers are accorded membership status in the conduct of the affairs of the
			 organization.
(8) An employee of a
			 labor contractor except for any employee who:
(a) Recruits, solicits, supplies or employs
			 workers on behalf of the labor contractor; or
(b) For an agreed remuneration or rate of pay
			 recruits, solicits, supplies or employs workers to perform labor for any other
			 person in construction, forestation or reforestation of lands or the production
			 or harvesting of farm products; or
(c) Recruits, solicits, supplies or employs
			 workers to gather wild forest products; or
(d) Furnishes board or lodging for such
			 workers (but cooks employed by the contractor are not required to be licensed
			 by reason of this sole activity); or
(e) On his or her own behalf bids or submits
			 prices on contracts offers for those activities or enters into a subcontract
			 with another for any of those activities.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0135 - Issuance of License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 license may be issued only as follows:
(a) To
			 an individual 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 proposing to operate as
			 a partner in a partnership or a limited liability partnership under the
			 individual's own name or under the individuals' own names and the assumed
			 partnership business name registered with the Office of the Secretary of
			 State;
(c) To the majority
			 shareholder or majority shareholders of a corporation or member(s) owning a
			 majority of a limited liability company that is authorized to do business in
			 Oregon by the Office of the Secretary of State and to the corporation or
			 limited liability company. Under this form of licensing, except as provided in
			 subsection (3), the licensed majority shareholder or majority shareholders and
			 the licensed corporation or the majority member(s) of a limited liability
			 company and the licensed limited liability company are jointly and severally
			 liable for all violations of the corporation or limited liability company and
			 its agents when acting as a labor contractor;
(d) To a cooperative corporation authorized
			 to do business in Oregon by the Office of the Secretary of State;
(e) Except as provided in OAR
			 839-015-0135(4),
			 to a private nonprofit corporation authorized to do business in Oregon by the
			 Office of the Secretary of State and designated by the Internal Revenue Service
			 as exempt under section 501 (c)(3) of the
			 Internal Revenue Code, provided:
(A)
(i) The purpose of the corporation is to
			 provide education or training; and
(ii) Workers recruited, solicited, supplied
			 or employed by the corporation are recruited, solicited, supplied or employed
			 only for the purpose of educating or training the workers in the forestation or
			 reforestation of lands, in construction, or in the production or harvesting of
			 farm products; or
(B) For
			 at least five years before the corporation files an application for a labor
			 contractor license, the corporation has been:
(i) Authorized to do business in Oregon by
			 the Office of Secretary of State;
(ii) Primarily engaged in recruiting,
			 soliciting, supplying or employing workers; and
(iii) Designated by the Internal Revenue
			 Service as exempt under section
			 501
			 (c)(3) of the Internal Revenue Code;
(f) For a farm
			 labor contractor license only, to an agricultural association that is
			 authorized to do business in Oregon by the Office of the Secretary of State;
(g) To an employee of a labor
			 contractor other than a property services contractor who is proposing to or is
			 carrying out activities which would require the employee to obtain a license as
			 a labor contractor.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0140 - Licensing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a license, an applicant therefore must:
(1) Be of good character, competence
			 and reliability.
(2) Be a person
			 who has not, within the preceding three years, had an Oregon labor contractor's
			 license application denied.
(3) Be
			 a person who has not, within the preceding three years, in Oregon or in any
			 other jurisdiction, had a labor contractor's license or indorsement denied,
			 revoked or suspended.
(4) Not have
			 persons financially interested in any capacity in the applicant's business as a
			 labor contractor:
(a) Who were denied an
			 Oregon labor contractor's license within the preceding three years or who had
			 such license denied, revoked, or suspended within the preceding three years in
			 Oregon or any other jurisdiction; or
(b) Who were financially interested in any
			 capacity in an entity which was denied an Oregon labor contractor's license
			 within the preceding three years or which had such license denied, revoked, or
			 suspended within the preceding three years in Oregon or any other jurisdiction.
(c) A refusal to renew a license
			 or grant a temporary permit because the applicant 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0141 - Licensing Requirements for Employees of Contractor/ Indorsements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0142 - Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge

Current through Register Vol. 63, No. 7, July 1, 2024
(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 construction, farm or forest 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0145 - Character, Competence and Reliability

Current through Register Vol. 63, No. 7, July 1, 2024
The character, competence and reliability contemplated by ORS
				658.405 to
				658.475 and these rules
				includes, but is not limited to, consideration of an applicant's conduct, the
				conduct of any person financially interested in the applicant's proposed
				operation as a labor contractor, or the conduct of any business in which any
				person financially interested in the applicant's proposed operation as a labor
				contractor has had a financial interest, whether as a partner, shareholder, or
				profitsharer, with respect to the following:
(1) Relations with workers, farmers and
			 others with whom the person conducts business.
(2) 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)
			 Timeliness in paying all debts owed, including advances and wages.
(4) Any unsatisfied judgments or felony
			 convictions.
(5) The cancellation
			 of or inabilty to obtain a bond, if applicable.
(6) Provision of workers' compensation
			 coverage for each worker or payment of worker's compensation insurance premium
			 payments when due.
(7) Violation of
			 any provision of ORS 658.405 to
			 658.503 or these
			 rules.
(8) Employment of an agent
			 who has had a labor contractor license denied, suspended, revoked or not
			 renewed or who has otherwise violated any provisions of ORS
			 658.405 to
			 658.503 or these
			 rules.
(9) Providing notification
			 to the bureau of any change in the circumstances under which a license was
			 issued.
(10) Failure to comply with
			 federal, state or local laws or ordinances relating to income taxes, social
			 security taxes, unemployment compensation tax, or any tax, fee or assessment of
			 any sort.
(11) Failure to comply
			 with federal, state or local laws or ordinances named in OAR
			 839-015-0310.
(12) When required by law, failure or refusal
			 to seek food, water, shelter, or medical attention, or to provide any other
			 necessary goods or services required for the safety and health of
			 workers.
(13) Repeated failures to
			 file or furnish all forms and other information required by ORS
			 658.405 to
			 658.503 and these
			 rules.
(14) Any willful
			 misrepresentation, false statement or concealment in the application for a
			 license.
(15) Any false, fraudulent
			 or misleading representation willfully made or caused to be made to any person,
			 or publication or circulation of any false, fraudulent or misleading
			 information concerning the terms, conditions, or existence of employment at any
			 place or by any person.
(16)
			 Failure to maintain the bond or cash deposit as required by ORS
			 658.405 to
			 658.503.
Statutory/Other Authority: 658 & ORS 651
Statutes/Other Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0150 - Procedure for Obtaining a Temporary Permit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A construction, farm or forest 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 construction, farm
			 or forest 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 construction, farm or
			 forest 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 from construction
			 property owners, farmers 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0155 - Procedure for Obtaining a License

Current through Register Vol. 63, No. 7, July 1, 2024
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 $250 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0157 - Procedure for Obtaining Reduction in the Amount of Required Aggregate Bonding When More than One Individual Is Required to Be Licensed in One Entity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Construction,
			 farm or forest labor contractors desiring to apply for a reduction in the
			 required bond or deposit may do so by submitting an application to the Bureau
			 of Labor and Industries.
(2)
			 Applications shall be in writing and on forms provided by the bureau. All
			 completed applications must 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.
(3) No
			 such application shall be considered unless the commissioner determines that:
(a) The application pertains to a single
			 business entity; and
(b) More than
			 one natural person is an owner or employee of the business entity;
			 and
(c) Such persons engage in
			 activities requiring a labor contractor's license; and
(d) Such persons engage in such activities
			 solely for the business entity.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0160 - Procedure for Obtaining a Duplicate License

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 164, 165, 651, 658 & 962
Stats. Implemented: ORS
				  658.405 -
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0165 - Procedure for Issuing or Renewing License

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0170 - Scope of Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0175 - Examination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0178 - Grading of Examinations/Notice of Score

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0180 - Review of Examinations

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.405 - ORS
				  658.503
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 15 - RULES REGULATING LABOR CONTRACTORS › Section 839-015-0185 - Re-Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.