Oregon Administrative Rules › Chapter 839 - BUREAU OF LABOR AND INDUSTRIES › Division 17 - PRIVATE EMPLOYMENT AGENCY MATTERS › Section 839-017-0280 - 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)
			 Repeated violations of the provisions of ORS
			 658.005 to
			 658.245 or OAR 839-017-0000 to
			 839-017-0477 are considered to
			 be of such magnitude and seriousness that no less than $500 for each violation
			 will be imposed when the Commissioner determines to impose a civil
			 penalty.
(3) In addition to any
			 other provision of these rules, the following violations are so serious and of
			 sufficient magnitude that the minimum civil penalty indicated will be imposed,
			 when the Commissioner determines to impose a penalty: Violation -- Minimum
			 Penalty
(a) Knowingly giving, publishing or
			 causing to be published false fraudulent or misleading information in violation
			 of ORS 658.195, OAR
			 839-017-0177 and
			 839-017-0178 --
			 $1,000;
(b) Knowingly charging a
			 fee in excess of the fee schedule published by the employment agency in
			 violation of ORS 658.155. -- $700;
(c) Knowingly charging a fee without a bona
			 fide job order in violation of ORS
			 658.165. -- $700;
(d) Knowingly referring an applicant for
			 employment without a bona fide job order in violation of ORS
			 658.165. -- $700;
(e) Knowingly failing to provide an applicant
			 for employment with a job referral document in violation of ORS
			 658.172 and OAR
			 839-017-0072 -- $500;
(f) Knowingly issuing a contract which terms
			 would violate any law or knowingly attempting to fill a job order in violation
			 of any law in violation of ORS
			 658.176. -- $500;
(g) Knowingly requiring or accepting a fee
			 from an applicant for employment prior to the applicant actually starting work
			 in violation of ORS 658.176. -- $500;
(h) Knowingly failing to comply with any
			 provision pertaining to refunds to applicants for employment in violation of
			 ORS 658.185. -- $300;
(i) Placing or assisting in the placement of
			 any minor if the employment is in violation of laws regulating the employment
			 of minors in violation of ORS
			 658.205(4). --
			 $500;
(j) Knowingly permitting a
			 person of bad character to frequent or be employed by the agency in violation
			 of ORS 658.205(2). As
			 used in this subsection a "person of bad character" includes but is not limited
			 to a person convicted of a felony; a person who has had a license revoked,
			 suspended, denied or refused to be issued; a person who has repeatedly violated
			 or caused to be repeatedly violated any statute or rule pertaining to private
			 employment agency matters, tax matters and other statutes and rules pertaining
			 to the employment of employees or to the protection of consumers in their
			 dealings with employment agencies. -- $500;
(k) Knowingly referring the applicant for
			 employment to a place where a labor dispute exists in violation of ORS
			 658.205(5). --
			 $500;
(l) Splitting a fee in
			 violation of ORS 658.205(7). --
			 $500;
(m) Charging a fee in
			 violation of ORS 658.205(8) and
			 658.205(9) --
			 $500;
(n) Requesting or accepting
			 an assignment of wages in violation of ORS
			 658.205(10). --
			 $500.