127 sections in this chapter.
ORS 658.620 [1987 c.643 §3; renumbered 285.185 (5) in 1991]
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[Repealed or reserved.]
ORS 658.630 [Formerly 190.900; renumbered 285.187 in 1991]
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FARMWORKER CAMPS (General Provisions)
ORS 658.705 Definitions for ORS 658.705 to 658.850. As used in ORS 658.705 to 658.850
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(1) “Applicant” means an individual who proposes to operate a farmworker camp and who is applying for a camp operator indorsement under ORS 658.730. (2) “Bureau” means the Bureau of Labor and Industries. (3) “Commissioner” means the Commissioner of the Bureau of Labor and Industr…
ORS 658.715 Farmworker camp operator requirements. (1) A person may not operate a farmworker camp unless the person
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(a) Is a farm labor contractor licensed under ORS 658.405 to 658.511, and the contractor first obtains an indorsement to do so as provided in ORS 658.730; (b) Has a substantial ownership interest in the real property, subject to farm use special assessment under ORS 308A.050 to 3…
ORS 658.717 Notice of farmworker camp operations. Every farmworker camp operator shall
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(1) Post an informational notice, on a form provided by the Department of Consumer and Business Services as set forth in subsection (2) of this section, in an area of the farmworker camp frequented by the occupants. (2) The notice provided by the department under subsection (1) o…
ORS 658.720 Certain agreements void. Agreements by workers purporting to modify their rights under ORS 658.705 to 658.850 shall be void as contrary to public policy. [1989 c.962 §11; 1991 c.67 §167]
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(Farm Labor Contractor Indorsement)
ORS 658.730 Farm labor contractor indorsement to operate farmworker camp; posting indorsement; rules. (1) In accordance with the applicable provisions of ORS chapter 183, the Commissioner of the Bureau of Labor and Industries, by rule, shall establish an indorsement system for any farm labor contractor who operates a farmworker camp. Such system shall include, but not be limited to, provisions prescribing
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(a) The form and content of and the times and procedures for submitting an application for indorsement issuance or renewal. (b) The requirements for and the manner of testing the competency of indorsement applicants. (2) The indorsement shall be posted conspicuously in an exterio…
ORS 658.735 Bond required; claim on bond; procedures; rules. (1) Each applicant shall submit with the application and shall continually maintain thereafter a bond approved by the Commissioner of the Bureau of Labor and Industries. The amount of the bond and the security behind the bond shall be $15,000 or the amount specified in ORS 658.415, whichever is greater. This bond shall satisfy the bond required by ORS 658.415. If there is an unsatisfied judgment of a court or final decision of an administrative agency against an indorsee applicant, the subject of which is any matter which would be covered by the bond referred to in this subsection, the commissioner shall not issue an indorsement to the applicant until the judgment or decision is satisfied. As a condition of indorsement, the commissioner may require the applicant to submit proof of financial ability required by this subsection in an amount up to three times that ordinarily required of an indorsee applicant. In lieu of the bond required by this subsection, each applicant may file with the commissioner, under the same terms and conditions as when a bond is filed, a deposit in cash or negotiable securities acceptable to the commissioner
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(2) All bonds or deposits filed under this section shall be executed to cover liability for the period for which the indorsement is issued. During the period for which executed, no bond can be canceled or otherwise terminated. (3) Any person who suffers any loss specified in subs…
ORS 658.740 Revocation, suspension, refusal to issue or renew indorsement. The Commissioner of the Bureau of Labor and Industries may revoke, suspend, refuse to renew or refuse to issue an indorsement to act as a farmworker camp operator upon the commissioner’s own motion or upon complaint by an individual if the
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(1) Indorsee has violated or failed to comply with any provision of ORS 658.705 to 658.850 or any of the rules adopted thereunder; (2) Conditions under which the indorsement was issued have changed or no longer exist; (3) Indorsee’s character, reliability or competence makes the …
ORS 658.750 Camp operator registration; procedures; rules. (1) Every farmworker camp operator shall register with the Department of Consumer and Business Services each farmworker camp operated by the operator
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(2) The department shall establish, by rule, procedures for annual registration of farmworker camps. The department may adopt any other rule necessary to implement the provisions of ORS 658.705 to 658.850. (3) Upon receipt of an initial application for registration, the departmen…
ORS 658.755 Farmworker camp operator duties; prohibitions. (1) Every farmworker camp operator shall
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(a) If a farm labor contractor, comply with the provisions of ORS 658.405 to 658.511. (b) Comply with ORS chapter 654 and the administrative rules of the Department of Consumer and Business Services adopted pursuant to ORS chapter 654. (c) Comply with all applicable building code…
ORS 658.760 Prohibited actions by operator; burden of proof. (1) No farmworker camp operator shall discharge, evict or in any other manner discriminate against any person because that person
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(a) Has made a claim against the operator or employer for compensation for the occupant’s own personal services. (b) Has caused to be instituted any proceedings under or related to ORS 658.705 to 658.850. (c) Has testified or is about to testify in any such proceedings. (d) Has d…
ORS 658.780 Protest of registration. Any individual may protest the registration of any proposed farmworker camp and the Department of Consumer and Business Services shall give the individual an opportunity to state the reasons for the objection. [1989 c.962 §14; 1995 c.500 §5]
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[Repealed or reserved.]
ORS 658.785 Revocation or suspension of registration. The Department of Consumer and Business Services may revoke or suspend a registration upon the department’s own motion or upon complaint by an aggrieved individual if the
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(1) Camp is no longer in compliance with the provisions of ORS 658.705 to 658.850 or any rules adopted thereunder; (2) Conditions under which the registration was accepted have changed or no longer exist; (3) Information supplied by the operator or applicant regarding the farmwor…
ORS 658.790 Uninhabitable camp. (1) If any government agency authorized to enforce building, health or safety standards orders a camp vacated because the camp is not habitable, the camp operator shall provide lodging, without charge, that meets the health and safety standards of the Department of Consumer and Business Services, for seven days or until the camp is made habitable, whichever is less
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(2) The provisions of subsection (1) of this section do not apply if the department determines that the cause of closure was beyond the control of the camp operator. (3) In addition to other remedies provided by law, the department shall enforce the provisions of subsection (1) o…
ORS 658.800 Service of process on unregistered farmworker camp operator. In any action arising out of the activities of a farmworker camp operator who is operating an unregistered farmworker camp within this state and who is not in the state or is otherwise unavailable to accept service of process in this state, the farmworker camp operator may be served by mailing a certified true copy of the summons and complaint to
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(1) The Commissioner of the Bureau of Labor and Industries; (2) The last-known address, if any, of the farmworker camp operator; and (3) Any other address, the use of which the plaintiff knows or, on the basis of reasonable inquiry, has reason to believe is most likely to result …
ORS 658.805 Denial of right to court action in certain cases; damages; injunction; attorney fees. (1) Except to appeal from an act or determination of the Commissioner of the Bureau of Labor and Industries or the Department of Consumer and Business Services, no person operating a farmworker camp, as defined in ORS 658.705, is entitled to demand, receive or accept any fee directly or indirectly or maintain any suit or action in the courts of this state involving the farmworker camp, without alleging and proving that the person was registered or indorsed to operate a farmworker camp
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(2) The commissioner, Director of the Department of Consumer and Business Services or any local governmental agency may bring suit in any court of competent jurisdiction to enjoin any person from violating any of the provisions of ORS 658.705 to 658.850, or rules adopted pursuant…
ORS 658.808 Landowner liability for operation of unregistered farmworker camp on landowner’s property; rebuttable presumption. (1) As used in this section, “landowner” means any person that has a substantial ownership interest in real property
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(2) A landowner who, at the time of the farmworker camp’s operation, knows or should have known that the landowner’s property is being used as the site of a farmworker camp shall be jointly and severally liable with the person acting as the farmworker camp operator to the same ex…
ORS 658.810 Fees. Fees required for farmworker camp indorsements shall be established under ORS 658.413. [1989 c.962 §5a; 1995 c.500 §8; 1999 c.399 §8]
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[Repealed or reserved.]
ORS 658.815 Disposition of moneys. (1) All farmworker camp indorsement fees received by the Commissioner of the Bureau of Labor and Industries under ORS 658.810 shall be credited to the Bureau of Labor and Industries Account. Notwithstanding ORS 651.160 (1) and 658.413 (4), moneys credited to the account under this subsection are continuously appropriated for the enforcement of ORS 658.705 to 658.850
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(2) Moneys collected from civil penalties imposed by the commissioner pursuant to ORS 658.850 for violations of ORS 658.750 shall be credited to the Agricultural Worker Housing Development Account of the Oregon Housing Fund. (3) Except as provided in subsection (2) of this sectio…
ORS 658.820 Rules; proceedings. (1) The Commissioner of the Bureau of Labor and Industries may adopt rules necessary for the administration of ORS 658.705 to 658.850
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(2) All rules adopted under ORS 658.705 to 658.850 shall be issued in compliance with ORS 183.310 to 183.410. (3) All proceedings relating to the issuance, revocation, suspension, renewal or refusal to renew an indorsement to act as a farmworker camp operator shall be conducted u…
ORS 658.825 Determination of violation of other provisions required. The Commissioner of the Bureau of Labor and Industries shall not revoke, suspend or refuse to renew or reissue an indorsement under ORS 658.740 or any rule adopted thereunder, or assess penalties under ORS 658.850 for violations of ORS chapter 654 or any rule adopted thereunder unless the Department of Consumer and Business Services has determined that the operator has failed to comply with ORS chapter 654 or any rules adopted thereunder. [1989 c.962 §19; 1995 c.500 §9]
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[Repealed or reserved.]
ORS 658.827 Department to report violations. In pursuing its duties under ORS chapter 654, the Department of Consumer and Business Services shall report to the Bureau of Labor and Industries any violation of this chapter observed by department staff. [1989 c.962 §16]
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[Repealed or reserved.]
ORS 658.830 Interagency coordination agreement. The Department of Consumer and Business Services and the Commissioner of the Bureau of Labor and Industries shall adopt an interagency agreement to coordinate the application of all laws the department and the commissioner are charged with administering with respect to farm labor camps. [1989 c.164 §15]
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[Repealed or reserved.]
ORS 658.850 Civil penalties. (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 $2,000 for each violation of any provision of ORS 658.705 to 658.850
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(2) Civil penalties under this section shall be imposed as provided in ORS 183.745. (3) The commissioner may suspend a penalty issued under ORS 658.705 to 658.850 if the deficiency is corrected within 15 days of the notice of violation. [1989 c.962 §10; 1991 c.67 §175; 1991 c.734…
ORS 658.990 [Repealed by 1953 c.694 §30]
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PENALTIES
ORS 658.991 Criminal penalties. (1) Violation of ORS 658.005 to 658.245 or 658.250 is a Class C misdemeanor
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(2) Violation of ORS 658.452 is a Class A misdemeanor. (3) Any person who intentionally defaces, alters or changes a license or permit to act as a labor contractor, or who uses the license or permit of another or knowingly permits that person’s license or permit to be used by ano…