Oregon Administrative Code

839-015-0600 Procedure for Filing Civil Action under ORS 658.453 (1) Any worker who wishes to file a civil action pursuant to ORS 658.453 must file a complaint with the Bureau. (2) The complaint must be in writing and contain the names of the persons or entities against whom the …

839-015-0605 Knowingly Using the Services of an Unlicensed Contractor (1) Pursuant to ORS 658.465(1), any person who knowingly uses the services of an unlicensed labor contractor is personally, jointly and severally liable with the person acting as a to the same extent and same m…

839-015-0610 Actions Under ORS 658.475 for Injunctive or Declaratory Relief and Damages (1) Any person, including any worker, who wishes to file a civil action pursuant to ORS 658.475 may do so. The person is not required to file a complaint with the Bureau. However, if a person …

839-017-0004 Definitions Generally As used in ORS 658.005 to 658.245 and in these rules unless the context requires otherwise: (1) "Advertising" means any material or means used by the employment agency for solicitation or promotion of business. This includes, but is not limited …

839-017-0011 Contents of Contracts between Employment Agencies and Applicants for Employment (1) All employment agencies making a charge for service to the applicant for employment, either directly or indirectly, must have a written contract with the applicant for employment whic…

839-017-0012 Additional Requirements for Contracts between Employment Agencies and Applicants for Employment In addition to the requirements of the statutes included in OAR 839-017-0011, the following contract clauses must be in all contracts between the employment agency and an …

839-017-0013 Contract Requirements When Employment Compensation Is Based on Commission In addition to the requirements of OAR 839-017-0011 and 839-017-0012, the following clauses are required to be in all contracts between agencies and applicants for employment when placements ar…

839-017-0025 Contract Clauses or Statements That Are Not Required but May Be Included The following clauses or statements are not required to be in any contract between the employment agency and the applicant for employment who may be responsible for the agency’s charge for servi…

839-017-0030 Refunds to Applicants (1) Whenever an agency receives notice from any source that an applicant for employment has terminated employment within the time which requires a refund of a portion or all of the agency’s charge for services, the agency shall refund within ten…

839-017-0031 Oral Agreements or Additions to Contracts Prohibited There shall be no oral agreements or oral additions to any contract between the employment agency and the applicant for employment. Any terms, conditions, or understandings between the employment agency and the app…

839-017-0032 Record of Contracts All contracts shall be in numerical order and registered in a log. The log will contain the contract number, the date, and the name of the applicant as it appears in some uniform place in the contract. A separate set of numbers may be used for “fe…

839-017-0040 Fee Paid Positions (1) When an employment agency deals in both fee paid positions and in positions for which the applicant for employment pays the charge for service, and when the agency intends to assist individuals exclusively with referrals and placements in fee p…

839-017-0045 Addendum to Contract to Provide Specific Terms for Payment After an applicant for employment has accepted employment with an employer, but before actually starting work, the applicant and the employment agency may change the terms agreed to in their original contract…

839-017-0051 Definitions for Job Order and Job Referral Document Rules (1) “Open” or “Standing” job orders are for categories of jobs for which an employer usually has two or more open positions at any one given time although on occasion the employer is merely interested in recei…

839-017-0052 Bona Fide Job Order Requirements (1) A bona fide job order is valid for referral of any qualified applicant for employment until it is filled or canceled by the employer and may serve as the basis for agency advertising. (2) A bona fide job order may be considered to…

839-017-0053 When an Exploratory Job Order/Interview Is Considered to Be Given An Exploratory Job Order/Interview shall be considered to have been given if, as the result of the agency’s bringing the qualifications of an applicant for employment to the attention of an employer, t…

839-017-0054 Identification by Agency to Employer and Accepting Fee Paid Orders (1) In the process of obtaining a job order, the employment agency shall identify itself as an employment agency to employers in an introductory statement in all cases unless identification of the spe…

839-017-0060 Information Required to Be Contained in a Job Order (1) Except as provided in rule 839-017-0052(3), information that is required to be contained in all job orders includes: (a) Normal hours of work per day. (State exceptions); (b) Weekend or night work if indicated (…

839-017-0070 Job Referral Documents (1) The job referral document shall be assigned the same number as that assigned to the job order and shall include: (a) The name, address, and telephone number of the employment agency; (b) The date of issuing the job referral document; (c) Th…

839-017-0071 Job Referral Documents to Include Expiration of Referral Information The date and the fact that 90 days from the date of referral the referral will expire and the applicant for employment may be liable for a fee thereafter only if the applicant accepts a job in the p…

839-017-0072 Applicants Required to Receive Job Referral Documents The completed Job Referral Document shall be given to the applicant for employment prior to any job interview, with the following exceptions: (1) No job referral document is required when the referral is made to a…

839-017-0101 Fee Earned by Agency Responsible for Placement In disputes between employment agencies concerning the earning of a fee for placement of an applicant for employment, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort …

839-017-0102 Determination of Agency Entitled to Fee In order to make a reasonable effort to determine the agency entitled to the fee, the following rules shall be followed: (1) When two agencies have referred the applicant for employment to the same position, the agency entitled…

839-017-0103 Definitions for the Purpose of Solving Interagency Disputes (1) “Employer” means any person or agent of a company that has the authority and responsibility to interview or initiate the action that would result in a position with said company. It is recognized that so…

839-017-0151 Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days In all cases where employment lasts less than 90 full calendar days, all interest, fees, or other charges paid or required to be paid to any person or organization …

839-017-0152 Interest, Fees, and Other Charges May Be Prorated (1) If interest, fees, or other charges are incurred by the applicant for employment for more than the agency’s charge for service and in such a way that the interest, fees, or other charges for the employment agency’…

839-017-0153 Agencies Required to Make Effort to Procure Necessary Information for Making Rebates A reasonable effort shall be made by the agency, within the ten day specified time for making the rebate, to procure all information necessary regarding the interest, fees, and other…

839-017-0177 Publication of False, Misleading, or Fraudulent Information Prohibited No employment agency shall knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. The following are types of adverti…

839-017-0178 Advertising Must Be Factual All advertising must be factual as to the requirements of the job. Sufficient information must be contained in each ad to indicate the nature, terms and conditions of the position. Omission of unusual or special job requirements and charac…

839-017-0180 Advertising Deemed False or Misleading Advertising which shall be deemed false and misleading includes, but is not limited to, advertising which fails to conform to the following specifications: (1) If specific requirements not normally associated with the position a…

839-017-0271 Enforcement Actions against Bonds or Deposits Generally (1) The action on the bond or letters of credit maintained by the employment agency may not be joined in a suit or action on the bond brought for any other claim. (2) Any person seeking to recover on the bond mu…

839-017-0272 Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency; Time for Filing Claims (1) Claims against the bond will not be paid unless the claimant or claimant’s assignee gives notice of the claim by certified mail to the surety. (2) Any cla…

839-017-0274 Violations for Which a Civil Penalty May Be Imposed The Commissioner may impose a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation for violations of any of the following statutes, rules or orders: (1)…

839-017-0275 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 658.210 Statutes/Other Implemented: ORS 658.115 Histo…

839-017-0276 Definition of “Acting Knowingly” As used in OAR 839-017-0274 to 839-017-0280, a person acts knowingly when the person has actual knowledge of a thing to be done or omitted or should have known the thing to be done or omitted. A person should have known the thing to b…

839-017-0277 Criteria to Determine Civil Penalty to Be Imposed (1) The Commissioner shall consider the following mitigating and aggravating circumstance when determining the amount of any civil penalty to be imposed against an employment agency and shall cite those the Commission…

839-017-0280 Schedule of Civil Penalties to Be Imposed (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 prov…

839-017-0376 Disputes Between Agencies and Their Employees In order to properly settle any complaints that may arise and in order to establish all sums legally owed to any employee of the employment agency, the employment agency: (1) Will maintain employment records of all employ…

839-017-0476 Time for Maintenance of Records (1) Except as provided in section (2) of this rule, all records of the employment agency will be maintained for a period of three years. (2) Copies of all job advertisements with the information required by OAR 839-017-0477(6) thereon …

839-017-0477 Method of Maintaining Records (1) All records of the agency pertaining to a job referral, and placement of an applicant for employment shall be maintained together or adequately cross-indexed for easy retrieval by the Bureau of Labor and Industries. This includes, bu…

839-017-0500 Contracts Between Employment Listing Services and Individuals (1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions: (a) The Employment Listing Service must execute a written contract with the individual…

839-017-0505 Fees Charged by Employment Listing Services (1) Before collecting a fee from an individual, Employment Listing Services must comply with the following provisions: (a) The Employment Listing Service must publish a schedule of its fees; and (b) The Employment Listing S…

839-017-0510 Confirmation of Position Availability by Employment Listing Services (1) Employment Listing Services must confirm and document in writing the availability of positions included in the information provided to individuals at least once every ten business days. (2) Empl…

839-017-0515 Employment Listing Services Required to be Registered Employment Listing Services must be actively registered with the Corporation Division of the Oregon Secretary of State’s Office. Statutory/Other Authority: ORS 658.210 & SB 341 (2003 Legislature) Statutes/Other Im…

839-017-0520 Employment Listing Service Fee Forfeiture Provisions In addition to the penalties provided under ORS 658.115 and 658.991, an Employment Listing Service shall forfeit any fees received as a result of any violation of the following provisions: (1) Failure to provide a …

839-019-0000 Notice of Proposed Rules Prior to the permanent adoption, amendment or repeal of any rule relating to civil penalties for child labor violation matters, the Wage and Hour Division of the Bureau of Labor and Industries shall give notice of intended action as required …

839-019-0004 Definitions As used in ORS 653.365 to 653.370 and in these rules, unless the context requires otherwise: (1) "Bureau" means the Bureau of Labor and Industries of the State of Oregon. (2) "Commissioner" means the Commissioner of the Bureau of Labor and Industries or d…

839-019-0010 Violations for Which a Civil Penalty May Be Imposed The Commissioner may impose a civil penalty for violations of any of the following statutes, administrative rules and orders: (1) Violation of any provision of ORS 653.305 to 653.370. (2) Violation of any provision …

839-019-0015 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 & 653 Statutes/Other Implemented: ORS 653.370 His…

839-019-0025 Schedule of Civil Penalties to Be Imposed (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $10,000 for each violation described in OAR 839-019-0010. (2)(a) The Commis…