OAR 812-003-0250
Exempt and Nonexempt Class of Independent Contractor Licenses

Contractors shall license as either nonexempt or exempt as provided in ORS 701.035 (Applicant required to be independent contractor to be eligible for license).

(1)

The nonexempt class is composed of the following entities:

(a)

Sole proprietorships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(b)

Partnerships or limited liability partnerships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(c)

Partnerships or limited liability partnerships with more than two partners if any of the partners are not family members;

(d)

Joint ventures with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(e)

Joint ventures with more than two joint venturers if any of the joint venturers are not family members;

(f)

Limited partnerships with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(g)

Limited partnerships with more than two general partners if any of the general partners are not family members;

(h)

Corporations with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(i)

Corporations with more than two corporate officers if any of the corporate officers are not family members;

(j)

Trusts with one or more employees or that utilize one or more workers supplied by a worker leasing company;

(k)

Trusts with more than two trustees if any of the trustees are not family members.

(l)

Limited liability companies with one or more employees or that utilize one or more workers supplied by a worker leasing company; or

(m)

Limited liability companies with more than two members if any of the members are not family members.

(2)

The exempt class is composed of sole proprietors, partnerships, joint ventures, limited liability partnerships, limited partnerships, corporations, trusts, and limited liability companies that do not qualify as nonexempt.

(3)

An exempt contractor may work with the assistance of individuals who are employees of or workers supplied by a worker leasing company to a nonexempt contractor as long as the nonexempt contractor or the nonexempt contractor’s worker leasing company:

(a)

Is in compliance with ORS Chapters 316, 656, and 657 and is providing the employees with workers’ compensation insurance; and

(b)

Does the payroll and pays all its employees, including those employees who assist an exempt contractor.

(4)

Except as provided in sections (5) through (8) of this rule, entities shall supply the following employer account numbers as required under ORS 701.046 (License application):

(a)

Workers’ Compensation Division 7-digit compliance number or workers’ compensation insurance carrier name and policy or binder number;

(b)

Oregon Employment Department and Oregon Department of Revenue combined business identification number; and

(c)

Internal Revenue Service employer identification number or federal identification number.

(5)

Exempt entities are not required to supply employer account numbers under section (4) of this rule except as follows:

(a)

Partnerships, joint ventures, limited liability partnerships, and limited partnerships that have no employees and are not directly involved in construction work may be classed as exempt when the entity certifies that all partners or joint venturers qualify as nonsubject workers under ORS 656.027 (Who are subject workers). Such partnerships or joint ventures must supply the Internal Revenue Service employer identification number or federal identification number.

(b)

Corporations qualifying as exempt under ORS 656.027 (Who are subject workers)(10) must supply the Oregon Employment Department and Oregon Department of Revenue combined business identification number unless the corporation certifies that corporate officers receive no compensation (salary or profit) from the corporation.

(c)

Corporations qualifying as exempt must supply the Internal Revenue Service employer identification number or federal identification number.

(d)

Limited liability companies must supply the Internal Revenue Service employer identification number or federal identification number unless the limited liability company has only one member and has no employees.

(6)

Nonexempt entities that utilize volunteers that qualify under ORS 656.027 (Who are subject workers) (20) or that utilize one or more workers supplied by a worker leasing company need not supply an Oregon workers’ compensation account number or workers’ compensation insurance carrier name and policy or binder number.

(7)

Nonexempt entities that utilize one or more workers supplied by a worker leasing company and have no other applicable tax reporting obligations need not supply:

(a)

An Internal Revenue Service employer identification number or federal identification number; or

(b)

An Oregon Employment Department and Oregon Department of Revenue combined business identification number.

(8)

Out-of-state applicants with no Oregon subject workers as provided in ORS 656.126 (Coverage while temporarily in or out of state) and OAR 436-050-0055 (Extraterritorial Coverage) must supply their home state account numbers, and need not supply an Oregon workers’ compensation account number.

Source: Rule 812-003-0250 — Exempt and Nonexempt Class of Independent Contractor Licenses, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=812-003-0250.

812‑003‑0100
Licensing Generally 812‑003‑0110
Standards of Behavior 812‑003‑0120
License Required to Advertise 812‑003‑0131
License Endorsements 812‑003‑0142
License Application Fees 812‑003‑0152
Residential Bonds Generally 812‑003‑0153
Commercial Bonds Generally 812‑003‑0154
Construction Flagger Bonds 812‑003‑0155
Letters of Credit or Cash Deposits, Generally 812‑003‑0160
Entity Name Required on Bond, Letter of Credit or Cash Deposit 812‑003‑0171
Bond, Letter of Credit or Cash Deposit 812‑003‑0175
Increased Bond, Letter of Credit or Cash Deposit Requirement, Past Unresolved Activity 812‑003‑0180
Effective and Cancellation Dates of the Bond, Letter of Credit or Cash Deposit 812‑003‑0190
New Bond, Letter of Credit or Cash Deposit Required for Change in Entity 812‑003‑0200
Insurance Generally 812‑003‑0210
Entity Name Required on Insurance Certification 812‑003‑0221
Insurance Amounts 812‑003‑0230
Effective and Cancellation Dates of the Insurance 812‑003‑0240
Independent Contractor 812‑003‑0250
Exempt and Nonexempt Class of Independent Contractor Licenses 812‑003‑0260
Application for New License 812‑003‑0265
Temporary Authorization for Military Spouse - Contractor 812‑003‑0270
Effective Dates of New License 812‑003‑0280
Renewal and Reissue of License 812‑003‑0290
License Renewal, Reissue, New Issue 812‑003‑0300
Consequence of Lapse in License 812‑003‑0310
License Cards 812‑003‑0320
Record Changes 812‑003‑0321
Notification of Change of Independent Contractor Status 812‑003‑0325
Change of Corporate Officer, LLC Manager, LLC Member, Trustee 812‑003‑0330
Inactive Status Generally 812‑003‑0340
Inactive Status Request at Renewal 812‑003‑0350
Inactive Status Request at Interim Renewal Period 812‑003‑0360
Inactive Status Request after Lapse 812‑003‑0370
Renewal of Inactive Status 812‑003‑0380
Converting From Inactive Back to Active Status 812‑003‑0390
Revocation or Suspension of License 812‑003‑0400
Restoration of Bond, Letter of Credit or Cash Deposit after Payment on Complaint 812‑003‑0410
Social Security Number 812‑003‑0420
Davis Bacon Act 812‑003‑0430
Time Period for Perfecting a Lien or Complaint 812‑003‑0440
Notification of Conviction of a Crime
Last Updated

Jun. 8, 2021

Rule 812-003-0250’s source at or​.us