Oregon Administrative Code

839-015-0004 Definitions for Regulations Pertaining to Labor Contractors 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…

839-015-0125 Contractors Must Obtain a License; Indorsement No person may perform the activities of a 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 farmwo…

839-015-0130 Exemptions from Licensing 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 work…

839-015-0135 Issuance of License (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; (…

839-015-0140 Licensing Requirements 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 …

839-015-0141 Licensing Requirements for Employees of Contractor/ Indorsements (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…

839-015-0142 Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge (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 performanc…

839-015-0145 Character, Competence and Reliability 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 ap…

839-015-0150 Procedure for Obtaining a Temporary Permit (1) A 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…

839-015-0155 Procedure for Obtaining a License 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 …

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 (1) Labor contractors desiring to apply for a reduction in the required bond or deposit may do so by submitting an app…

839-015-0160 Procedure for Obtaining a Duplicate License 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…

839-015-0165 Procedure for Issuing or Renewing License (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 …

839-015-0170 Scope of Examinations (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, knowl…

839-015-0175 Examination Requirements (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 aft…

839-015-0178 Grading of Examinations/Notice of Score (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 658.4…

839-015-0180 Review of Examinations (1) Applicants failing to pass an examination may schedule an appointment with the License Unit to review the examination at a site designated by the License Unit. (2) Requests to review failed examinations shall be scheduled within 30 days fro…

839-015-0185 Re-Examination (1) Applicants who fail an examination shall wait the following time periods before retaking the examination: (a) First failure: seven days; (b) Second failure: 14 days; (c) Third failure: 30 days; (d) Any subsequent failures: 60 days. (2) Re-examinati…

839-015-0190 Substitution of Oregon Examination (1) The Commissioner may recognize national or state examinations for licensing if taken and passed within the last 12 months. (2) Specific examinations that may be recognized in lieu of the Oregon examinations are: Farm Labor Contr…

839-015-0195 Alternative Methods of Examination (1) An applicant for whom English is a second language may bring an interpreter to the examination to translate the examination questions. An interpreter may not assist an applicant in answering any question, but may translate the a…

839-015-0200 Proof Required/Forms to Be Used for Bonds and Deposits (1) Every applicant for a labor contractor's license must, unless otherwise exempt, show proof of financial ability to promptly pay the wages of employees and any advances made to or on behalf of the contractor b…

839-015-0210 Amount of Bond or Deposit to Be Filed (1) Except as provided in section (3) or (4) of this rule, the amount of the bond or deposit referred to in OAR 839-015-0157 and 839-015-0200 shall be based on the maximum number of employees employed at any one time during the l…

839-015-0220 Deposit in Cash or Negotiable Securities As used in ORS 658.415(3) 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 839-015-0210 in cash immediately upon …

839-015-0230 Procedure for Obtaining Reduction in the Amount of Bond or Deposit Required (1) In addition to the application for aggregate bond reduction provided in OAR 839-015-0157, labor contractors who have been licensed for at least two consecutive years may apply for a reduc…

839-015-0250 Protesting the Issuance of a License Any individual may protest the issuance of a labor contractor’s license to any applicant for such license. The protest may be made at any time after the license is actually issued as well as at any time prior to the issuance of th…

839-015-0260 Procedure for Filing Protest (1) Any individual desiring to protest the issuance of a farm and forest labor contractor license must file the protest in writing with the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE…

839-015-0300 Contractor to Submit "Wage Certification" Form (1) Every labor contractor must, unless otherwise exempt, submit a certified true copy of all payroll records to the Wage and Hour Division when the contractor or the contractor's agent pays workers directly as follows: …

839-015-0310 Contractor to Furnish Statement of Worker’s Rights and Remedies (1) Every labor contractor must furnish each worker with a written statement of the worker's rights and remedies under the Worker's Compensation Law, the Labor Contractor Law, the Federal Service Contrac…

839-015-0320 Form of License In addition to the information required by ORS 658.430, the license form will contain such other information as the commissioner deems appropriate, including, but not limited to: (1) The indorsement required by ORS 658.411, ORS 658.417 and 658.715, wh…

839-015-0350 Contractor to File Work Agreements between Labor Contractor and Farmers and Others (1) Labor contractors are required to file information relating to their agreements with construction property owners or farmers with the Bureau. (2) The Commissioner has developed For…

839-015-0355 Property Services Contractor Work Locations, Employee Counts and Demographic Information (1) Property services contractors are required to file the following information with the Bureau together with any application for a license or renewal of a property services con…

839-015-0360 Contractor to File Work Agreements between Labor Contractor and Workers (1) Labor contractors are required to file information relating to work agreements between the labor contractors and their workers with the bureau. (2) The commissioner has developed Form WH-153 …

839-015-0370 Contractor to Furnish Statement of Earnings and Statement of Prevailing Wage (1) Labor contractors are required to furnish each worker, each time the worker receives a compensation payment from the contractor, a written itemized statement of earnings. The written ite…

839-015-0380 Professional Training for Managers, Supervisors and Employees of Property Services Contractors (1) Property services contractors must provide professional training pertaining to the topics specified in section (4) of this rule to all of the contractor’s managers, sup…

839-015-0400 Records Required to Be Made and Maintained by Contractor (1) All labor contractors shall make and maintain for a period of three years records necessary to determine their compliance with ORS 658.405 to 658.475 and these rules. (2) Records necessary to determine comp…

839-015-0410 Records Availability Labor Contractors will make available to representatives of the Wage and Hour Division records necessary to determine compliance with ORS 658.405 to 658.475 and these rules. Records will be made available upon request of such representatives. Sta…

839-015-0450 Notice of Compliance with Bond Requirements (1) Every labor contractor is required to post a notice of compliance with bond requirements in English and in any language used by the contractor to communicate with the contractor's workers. The notice must be posted in a…

839-015-0500 Action Against the Bond or Deposit (1) Any person not paid wages owed to him/her by a labor contractor or any construction property owner, owner or property manager of property where janitorial services are or were to be performed, grower or producer of agricultural …

839-015-0502 Contractor to Pay Food and Lodging Expenses of Workers Who Travel Prior to the Availability of Employment (1) When a worker is recruited or solicited for work and the worker is required to travel from one place to another before there is work available, the labor con…

839-015-0503 Contractor to Pay Certain Transportation Costs When a worker arrives at a place of employment pursuant to OAR 839-015-0502(1), and work is not available to that worker within 30 days of the date the work was represented to begin, the contractor shall: (1) Refund to t…

839-015-0504 Application of OAR 839-015-0502 and 839-015-0503 Limited (1) OAR 839-015-0502 and 839-015-0503 do not apply to workers who, pursuant to 839-015-0502(1), arrive at a place of employment before the date instructed by the contractor or agreed to by the worker and the co…

839-015-0505 Definitions for Civil Penalties As used in OAR 839-015-0505 to 839-015-0530: (1) "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 o…

839-015-0507 Violations Separate and Distinct Each violation is a separate and distinct offense. In the case of continuing violations, each day’s continuance is a separate and distinct violation. Statutory/Other Authority: ORS 651 & 658.407(3) Statutes/Other Implemented: ORS 658.…

839-015-0508 Violations for Which a Civil Penalty May Be Imposed (1) Pursuant to ORS 658.453, the commissioner may impose a civil penalty for each of the following violations: (a) Recruiting, soliciting, supplying or employing workers without a license to act as a labor contracto…

839-015-0509 Inspection of Contractor’s License or Temporary Permit A person to whom an unlicensed labor contractor provides workers violates ORS 658.437(2) when the person or person's agent did not, prior to allowing work to be performed on any contract or agreement with the con…

839-015-0510 Criteria for Determining a Civil Penalty (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 hi…

839-015-0512 Schedule of Civil Penalties (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 violatio…

839-015-0520 Denying, Suspending, Revoking or Refusing to Renew License (1) The following violations are considered to be of such magnitude and seriousness that the Commissioner may propose to deny or refuse to renew a license application or to suspend or revoke a license: (a) Ma…

839-015-0525 Immediate Suspension or Refusal to Renew a License; Notice of Opportunity for Hearing; Service (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. For purposes of this rule,…

839-015-0530 Knowing Employment of a Noncitizen Not Legally Present or Legally Employable in the United States (1) A contractor knowingly employs a noncitizen who is not legally present or legally employable in the United States, in violation of ORS 658.440(3)(d), if the contract…