reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0501 - Purpose and Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS
			 Chapter 660.120 authorizes the State Apprenticeship and Training Council to
			 conduct investigations in all matters relating to the Council's duties and
			 functions as set forth in ORS Chapter 660.002 to 660.210.
(2) While conducting investigations, ORS
			 Chapter 660.120 gives the Council the authority to issue subpoenas ad
			 testificandum and subpoenas duces tecum, administer oaths, obtain evidence and
			 take testimony.
(3) These rules
			 govern the Council's gathering of information through subpoenas or testimony
			 and establish procedures through which a subpoenaed party may object to
			 answering questions or producing any document or other thing subpoenaed.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0505 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Council" means
			 the State Apprenticeship and Training Council.
(2) "Document" means any existing written,
			 printed, typed, or recorded matter of any kind or nature, however produced or
			 reproduced, including but not limited to all mechanical, electronic, sound or
			 video recordings or their transcripts, photographs, electronic files and
			 computer stored data.
(3) "Other
			 thing" means any existing tangible object that is not a "document."
(4) "Party" means any person who has been
			 served by a subpoena under these rules.
(5) "Person" means any individual,
			 partnership, corporation, association, governmental subdivision, or public or
			 private organization of any character.
(6) "Subpoena ad testificandum" is a subpoena
			 that requires an individual to appear and give testimony under oath.
(7) "Subpoena duces tecum" is a subpoena that
			 requires the production of documents or other things.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0510 - Who and What May Be Subpoenaed

Current through Register Vol. 63, No. 7, July 1, 2024
The Council may issue subpoenas to persons to compel testimony
				and the production of documents or other things that are relevant to the
				Council's lawful investigative purpose and reasonable in scope under matters
				relating to the duties required under ORS Chapter 660.002 to 660.210.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0515 - Circumstances under Which a Subpoena May be Issued

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Council may issue a subpoena ad
			 testificandum to compel a person to testify under oath when:
(a) The Council determines that the person is
			 a material witness in an investigation being conducted by the Council under ORS
			 Chapter 660.002 to 660.210;
(b)
			 The information sought from the person is relevant to a lawful investigative
			 purpose and is reasonable in scope; and
(c) The Council has been unable to interview
			 the person after having made reasonable attempts to do so, or the person states
			 that he or she will only consent to an interview if first served with a
			 subpoena.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0520 - Who May Issue Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
The Council or the Council's designees may issue subpoenas.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0525 - Subpoena Duces Tecum

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 subpoena duces tecum may be issued to any person who has custody, possession,
			 or control of documents or other things named in the subpoena duces tecum when
			 the conditions set out in OAR
			 839-011-0515(3)
			 have been met.
(2) A subpoena
			 duces tecum issued to a corporation will be addressed to the records custodian
			 of the corporation.
(3) A subpoena
			 duces tecum will not require production of documents or other things less than
			 fourteen (14) days from the date of service upon the person required to produce
			 and permit inspection of the documents or other things unless the Council finds
			 a shorter period necessary to protect the documents and other things from
			 destruction or if the Council has an immediate need for the documents or other
			 things being subpoenaed.
(4) The
			 Council may also command the person to whom a subpoena duces tecum is issued to
			 produce documents and other things by mail or otherwise, at a time and place
			 specified in the subpoena, without commanding inspection of the originals. The
			 person to whom the subpoena is directed complies if the person produces copies
			 of the specified items in the specified manner and certifies that the copies
			 are true copies of all documents and other things responsive to the subpoena.
(5) The subpoenaed documents and
			 other things must be produced at the location, time, and date required in the
			 subpoena.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0530 - Subpoena Ad Testificandum

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 subpoena ad testificandum may be issued to any person when the conditions set
			 out in 839-011-0105(1) or
			 839-011-0515(2)
			 have been met.
(2) The subpoena ad
			 testificandum must give the person a reasonable time for preparation and travel
			 to the place of attendance and the place of attendance must be suitable place
			 in the vicinity to which testimony is applicable.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0535 - Method of Service

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 noted in sections (2) and (3) of this rule, subpoenas must be served in person
			 by delivering a copy to the witness personally and, at the same time, giving or
			 offering to the witness the fees to which the person is entitled for travel to
			 and from the place where the witness is commanded to appear, along with one (1)
			 day's attendance fee. A subpoena may be served by any person 18 years of age or
			 older.
(2) Subpoenas ad
			 testificandum may be served by mail under the following circumstances:
(a) The Council must have, by personal or
			 telephone contact, confirmed the witness's willingness to appear if subpoenaed
			 and certify this on the return of service;
(b) The Council made arrangements for payment
			 to the witness of fees and mileage satisfactory to the witness and pays those
			 fees and mileage; and
(c) The
			 subpoena is sent by certified mail to the witness more than ten (10) days
			 before the date set for appearance or production of documents or other things
			 and the Council receives a return receipt signed by the witness more than three
			 (3) days prior to that date.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0540 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
All persons subpoenaed by the Council must be paid the mileage
				and per diem set out in ORS
				44.415(2).
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0545 - Time and Manner of Objecting to Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any person served with an investigative
			 subpoena may object to testifying or providing the documents or other things
			 sought. Grounds for objections include:
(a)
			 The information sought is irrelevant to a lawful investigative purpose;
(b) The information sought is
			 unreasonable in scope;
(c) The
			 witness is ordered to appear to give testimony in a place that is not suitable
			 or not in the vicinity to which the testimony is applicable;
(d) The time and expense involved in copying
			 the documents sought. In order to have this objection considered, a person
			 making this objection must include a written estimate of the time involved and
			 number of copies to be made in order to comply with the subpoena;
(e) Reasonable cause to refuse to comply; or
(f) Any other basis that may be
			 asserted under Oregon law.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0550 - Response to Objections

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Council will respond in writing to any objections timely received under OAR
			 839-011-0545(2).
(2) If the objection made is the
			 time and expense involved in copying the documents sought, the Council will
			 provide a check to the person subpoenaed to pay for the estimated time and
			 expense, calculated at the rates set out in OAR
			 839-011-0060. The Council may
			 provide this check before or at the time the witness is subpoenaed to provide
			 documents or other things.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0555 - Method of Taking Testimony

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 a witness appears to give testimony in response to a subpoena ad testificandum,
			 an oath or affirmation will be administered to the witness prior to his or her
			 testimony. The oath or affirmation will be administered by an officer
			 authorized to administer oaths in Oregon, generally a notary public.
(2) The witness's testimony will be preserved
			 by an audio or video recording. Upon request, the Council will give the witness
			 a copy of the recording at no cost.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0560 - Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
If a person served with a subpoena fails to appear and has not
				filed any prior objections, the Council will conclude that the person has
				refused, without reasonable cause, to answer any question or to produce any
				document or other thing.
Stat. Auth.: ORS 660
Stats. Implemented: ORS
				  660.120(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 11 - APPRENTICESHIP AND TRAINING COUNCIL › Section 839-011-0565 - Enforcement of Subpoena

Current through Register Vol. 63, No. 7, July 1, 2024
If a person served with a subpoena refuses, without reasonable
				cause, to be examined, to answer any question or to produce any document or
				other thing as required by the subpoena, the Council may petition the circuit
				court in the county in which the investigation is pending for an order
				directing the person to show cause why the person has not complied with the
				subpoena and should not be held in contempt. The Council shall serve the
				court's order upon the person in the manner provided by Oregon Rules of Civil
				Procedure 55 D.
Stat. Auth.: ORS chapter 660
Stats. Implemented: ORS
				  660.120(1),
				  ORCP 7
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0600 - Purpose of Apprenticeship Grants and Contracts

Current through Register Vol. 63, No. 7, July 1, 2024
The Apprenticeship Grants and Contracts Program, with advice
				and counsel from the Oregon State Apprenticeship and Training Council, awards
				grants for the Apprenticeship and Training Division through one grant program:
				Trade Outreach to Veterans Grants.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0605 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Apprenticeship
			 Opportunities" means the availability to apply and opportunity to be selected
			 as a Registered Apprentice.
(2)
			 "Community Based Organization" means an organization that has the capacity to
			 help certain worker populations, such as women, veterans, minorities,
			 individuals with disabilities, and others, prepare for apprenticeships and
			 provide supportive services to apprentices.
(3) "Job Fairs or Similar Recruitment
			 Methods" means any external process that effectively informs diverse veterans
			 about opportunities to apply for registered apprenticeship (on a timely basis,
			 in sufficient numbers, and with appropriate qualifications) and that connects
			 applicant veterans by supporting them to persevere through selection,
			 orientation and onboarding as an apprentice.
(4) "Oregon State Apprenticeship and Training
			 Council" means the Council established by ORS
			 660.110.
(5) "Registered Apprentice" means an
			 Apprentice as defined in ORS
			 660.010.
(6) "Trade Associations" means any group of
			 employers or community based organizations that participates in providing
			 Apprenticeship Opportunities or preparing individuals to qualify for and
			 succeed as a Registered Apprentice.
(7) "Trade Unions" means any labor union or
			 union-affiliated community service agency that participates in providing
			 Apprenticeship Opportunities or preparing individuals to qualify for and
			 succeed as a Registered Apprentice.
(8) "Veteran" has the meaning given in ORS
			 408.225.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0610 - Purpose of Trade Outreach to Veterans Grant Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of the Trade Outreach to
			 Veterans Grant program is to inform veterans about registered apprenticeship
			 programs that will prepare them for trade careers, to connect veterans with
			 opportunities to pursue such careers by becoming registered apprentices, to
			 prepare veterans to meet minimum qualifications and effectively participate in
			 apprenticeship selection procedures, and to provide support to veterans who are
			 registered as apprentices. "Trade Outreach Veterans Grant Program" means the
			 program created by ORS (whatever statute is created by HB 2202).
(2) Trade Outreach Veterans Grants are
			 awarded on a competitive basis pursuant to a process that is initiated when the
			 Bureau of Labor and Industries issues a solicitation. The solicitation will
			 request grant submissions that provide an approach to accomplishing one or more
			 of the following objectives:
(a) Inform
			 Veterans: Making information about registered apprenticeship programs broadly
			 available to Oregonians who have served as veterans;
(b) Connect Veterans: Investing in Oregon's
			 veterans by connecting them to apprenticeship opportunities to pursue
			 meaningful careers through training as registered apprentices;
(c) Prepare Veterans: The preparation of
			 veterans to meet minimum qualifications and effectively participate in
			 apprentice selection procedures;
(d)
			 Support Veterans: The strengthening of veterans as registered apprentices by
			 providing support through such means as coaching, mentoring, information and
			 referral services, and small financial supports designed to improve retention
			 to journey worker status.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0615 - Applications and Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applications must be submitted in the form required, and by a deadline set, in
			 the solicitation.
(2) Applicants for
			 Trade Outreach Veterans Grants must be an Oregon Trade Union or Trade
			 Association.
(3) Applicants shall be
			 permitted to partner with Community Based Organizations.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0635 - Evaluation Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
Trade Outreach Veterans Grant applications are evaluated
				according to how they address the themes described in OAR 839-011-0610(1).
				Additional evaluation criteria include:
(1) Significance of the activity or the
			 project, including the quality of the organization(s), structures,
			 apprenticeship and training programs, or services that will be
			 involved;
(2) The potential to
			 broaden or deepen veteran knowledge, understanding, appreciation of, and access
			 to Apprenticeship Opportunities;
(3)
			 The appropriateness of the budget, the quality and clarity of the project goals
			 and design, the resources involved, and the qualifications of the project's
			 personnel;
(4) Evidence of sound
			 fiscal management;
(5) Evidence of
			 public or private matching funds or in-kind services;
(6) The process by which the project will be
			 evaluated and plans in place to sustain or maintain the activity or project, if
			 appropriate, following the period of the grant.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0645 - Use of Grant Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Trades
			 Outreach Veterans Grant funds must be used to provide one or more of the
			 following services:
(a) Inform veterans in
			 Oregon about apprenticeship opportunities available to them;
(b) Connect veterans in Oregon with
			 registered apprenticeship programs that will provide them with training to
			 qualify for meaningful careers with living wages;
(c) Prepare veterans to apply for registered
			 apprenticeship programs of their choice and effectively participate in the
			 selection procedure, including any exceptions for which they may qualify;
			 or
(d) Support veterans in Oregon
			 who become registered apprentices to improve the likelihood that they will
			 complete the requirements of a registered apprenticeship and advance to journey
			 worker status.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0655 - Grant Awards Process; Administration of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications submitted to the Bureau of
			 Labor and Industries pursuant to its solicitation will be reviewed by staff to
			 determine whether the applicant is eligible to receive a Trades Outreach
			 Veterans Grant. Ineligible applications will be returned to applicants with an
			 explanation.
(2) Applications from
			 applicants eligible to receive a Trades Outreach Veterans Grant will be
			 reviewed by a panel of workforce professionals designated by the Apprenticeship
			 and Training Division who will make funding recommendations to the
			 Apprenticeship and Training Division.
(3) The Apprenticeship and Training Division
			 evaluates qualified proposals and determines final grant awards. Announcement
			 of grants are made as provided in the solicitation.
(4) Grants are administered by the
			 Apprenticeship and Training Division of the Bureau of Labor and
			 Industries.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0675 - Grant Contract; Final Reports

Current through Register Vol. 63, No. 7, July 1, 2024
Grant recipients are required to enter into a contract with the
				Apprenticeship and Training Division of the Bureau of Labor and Industries.
				Pursuant to that contract, each grant recipient must complete a final expense
				and narrative report. Final financial reports must reflect the application
				budget as originally submitted unless the budget is revised with the approval
				of the Apprenticeship and Training Division or its designee. Grant reports must
				be submitted within thirty (30) days of the end date of the grant
				period.
Statutory/Other Authority: OL CH. 528 (2019)
Statutes/Other Implemented: OL CH. 528
				  (2019)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 12 - APPRENTICESHIP AND TRAINING DIVISION-CONTRACTS AND GRANTS › Section 839-012-0995 - Firefighter Apprenticeship Training

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for a grant described in section 1, chapter 496,
				Oregon Laws 2023, an applicant:
(1)
			 Must be registered on the Secretary of State's business registry, unless the
			 applicant is exempt from the obligation to do so;
(2) Must include their employer
			 identification number with the application;
(3) Must be compliant, as determined by the
			 Bureau of Labor and Industries based on the information available, with the
			 provisions of ORS Chapter 652, 653, 654 and 659A and rules adopted
			 thereunder;
(4) Must be compliant,
			 as determined by the Bureau of Labor and Industries based on the information
			 available, with all performance and regulatory requirements applicable to all
			 programs and projects of the applicant that are funded in whole or part by
			 public funds;
(5) Must identify the
			 training agents who will be involved in the administration of the grant and
			 must demonstrate that the training agents possess all applicable licenses and
			 registrations;
(6) Must demonstrate
			 the ability to:
(a) Provide on-the-job
			 workforce training and education necessary to pursue a career in the fire
			 service;
(b) Educate apprentices
			 how to mitigate fire and fire emergencies; and
(c) Collaborate with associations that
			 represent firefighters and fire service professionals and with employers that
			 provide fire protection services to identify career opportunities in the fire
			 service.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0020 - 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 farm-worker camp operations and registration of farm worker
				camps, the Bureau of Labor and Industries shall give notice of the intended
				action as required in OAR
				839-002-0002.
Stat. Auth.: ORS
				  183.335,
				  651.060(4),
				  658.705 -
				  658.850
Stats. Implemented: ORS
				  658.705 -
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0035 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				658.705 to
				658.850, and in these rules
				unless the context requires otherwise:
(1) "Applicant" means an individual who
			 proposes to operate a farm-worker camp and who is applying for a camp operator
			 indorsement.
(2) "Bureau" means the
			 Bureau of Labor and Industries.
(3)
			 "Commissioner" means the Commissioner of the Bureau of Labor and Industries or
			 designee.
(4) "Director" means the
			 Director of the Department of Consumer and Business Services.
(5) "Division" means the Oregon Occupational
			 Safety and Health Division.
(6)
			 "Farm labor contractor" has the same meaning as that provided in ORS
			 658.405 and the rules adopted
			 thereunder.
(7) "Farm-worker camp"
			 means any place or area of land where sleeping places, mobile home sites or
			 other housing is provided by a farmer, farm labor contractor, employer or any
			 other person in connection with the recruitment or employment of workers to
			 work in the production and harvesting of farm crops or in the reforestation of
			 lands, as described in ORS
			 658.405. "Farm-worker camp" does
			 not include:
(a) A single, isolated dwelling
			 occupied solely by members of the same family, or by five or fewer unrelated
			 individuals; or
(b) A hotel or
			 motel which provides housing with the same characteristics on a commercial
			 basis to the general public on the same terms and conditions as housing is
			 provided to such workers.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0040 - Character, Competence and Reliability

Current through Register Vol. 63, No. 7, July 1, 2024
The character, competence and reliability contemplated by ORS
				658.705 to
				658.850 and these rules
				includes, but is not limited to, consideration of:
(1) A person's record of conduct in relations
			 with workers, farmers and others with whom the person conducts
			 business.
(2) A person's
			 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) A person's timeliness
			 in paying all debts owed including advances and wages.
(4) Whether a person has unsatisfied
			 judgments or felony convictions.
(5) Whether a person has been refused a
			 bond.
(6) Whether a person has paid
			 worker's compensation insurance premium payments when due.
(7) Whether a person has violated any
			 provision of ORS 658.405 to
			 658.850 or the rules adopted
			 thereunder.
(8) Whether a person
			 has employed an agent who has had a farm or forest labor contractor license
			 denied, suspended, revoked or not renewed or who has otherwise violated any
			 provisions of ORS 658.405 to
			 658.485.
(9) Whether a person has failed to notify the
			 Bureau of any change in the circumstances under which a license was
			 issued.
(10) Whether a person has
			 repeatedly denied access to a farm worker camp to representatives of the Wage
			 and Hour Division who are seeking access in connection with the enforcement of
			 ORS Chapter 658.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0050 - Operators Must Obtain Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
Farm-worker camp operators must obtain a farm labor
				contractor's license pursuant to ORS
				658.405 to
				658.475 and the rules adopted
				thereunder, unless otherwise exempt pursuant to OAR
				839-014-0060. Additionally,
				farm-worker camp operators must obtain a special indorsement from the Bureau
				authorizing the operator to act as such.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0060 - Exemptions

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0075 - Issuance of Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0085 - 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 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0090 - Procedure for Obtaining an Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0100 - Procedure for Obtaining a Duplicate Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 164, 165, 651, 658 & 962
Stats. Implemented: ORS
				  658.705 -
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0105 - Procedure for Renewing Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, 165, 651, 658 & 962
Stats. Implemented: ORS
				  658.705 -
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0170 - Scope

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0175 - Examination Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0178 - 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 the applicant by mail of the examination
			 scores.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0180 - 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
			 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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0185 - 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: 7
			 days;
(b) Second failure: 14
			 days;
(c) Third failure: 30
			 days;
(d) Any subsequent failures:
			 60 days.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0190 - Substitution of Oregon Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0195 - Alternative Methods of Examination

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.730(1)
				  & ORS 962
Stats. Implemented: ORS
				  658.730(1)(b)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0200 - Proof Required/Forms to be Used

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0210 - Amount of Bond or Deposit to be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
(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 farm-worker 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0220 - Deposit in Cash or Negotiable Securities

Current through Register Vol. 63, No. 7, July 1, 2024
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 OAR
				839-014-0210 in
				cash.
Stat. Auth.: ORS
				  658.407(3), ORS
				  658.415(14)
				  & ORS 658.820(1)
Stats. Implemented: ORS
				  658.735(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0250 - Protesting the Issuance of an Indorsement

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS
				  658.730(1)
				  & ORS 962
Stats. Implemented: ORS
				  658.730(1)
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0260 - Procedure for Filing Protest

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0310 - Required Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 farm-worker 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 farm-worker
			 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.
Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 14 - REGULATION OF FARMWORKER CAMP OPERATORS › Section 839-014-0320 - Records Availability

Current through Register Vol. 63, No. 7, July 1, 2024
A farm-worker 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, ORS
				658.705 to
				658.850 and these rules. Records
				shall be made available upon the request of such
				representatives.
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS
				  962
Stats. Implemented: ORS
				  658.705 - ORS
				  658.850