OAR 839-014-0085
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge

(1)

The bureau may refuse to issue indorsements to any person who proposes to use any individual, partnership, association, corporation or other entity as such persons’ agent for the performance of any activity specified in ORS 658.405 (Definitions for ORS 658.405 to 658.511)(1), when the proposed agent has, within the preceding three years, violated any section of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.485 (Transfer of funds collected under reciprocal agreements).

(2)

The bureau will regard as prima facie evidence of sham or subterfuge mere changes in business form subsequent to denial, suspension, revocation or refusal to renew a license, where a relative by blood or marriage, or a person presently employed in an occupation, other than an occupation with a licensed farm or forest labor contractor, makes application, including a renewal application, for a license and indorsement if one or more of the following factors are present:

(a)

A lack of adequate consideration or value given for the former business or its property;

(b)

The use of the same real property, fixtures or equipment or use of a similar business name of the former business;

(c)

The time period elapsed between the bureau’s denial, suspension, revocation or refusal to renew a license and application by the new business for a license is less than one year;

(d)

A person financially interested in any capacity in the former business has a financial interest in any capacity in the new business;

(e)

The amount of capitalization is inadequate to meet current obligations of the new business; or

(f)

The formalities of a partnership or a corporation are disregarded by the new business when such business is a partnership or corporation.

(3)

When the factors outlined in section (2) of this rule are present, it shall be the burden of the applicant to provide evidence to the bureau clearly indicating that such business form is not sham or subterfuge.

Source: Rule 839-014-0085 — Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0085.

839‑014‑0020
Notice of Proposed Rules 839‑014‑0035
Definitions for Regulations Pertaining to Farmworker Camp Operations 839‑014‑0040
Character, Competence and Reliability 839‑014‑0050
Camp Operators Must Obtain Indorsement 839‑014‑0060
Exemptions from Farmworker Camp Licensing Requirements 839‑014‑0075
Issuance of Indorsement 839‑014‑0085
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge 839‑014‑0090
Procedure for Obtaining an Indorsement 839‑014‑0100
Procedure for Obtaining a Duplicate Indorsement 839‑014‑0105
Procedure for Renewing Indorsement 839‑014‑0170
Scope of Examinations 839‑014‑0175
Examination Requirements 839‑014‑0178
Grading of Examinations/Notice of Score 839‑014‑0180
Review of Examinations 839‑014‑0185
Re-Examination 839‑014‑0190
Substitution of Oregon Examination 839‑014‑0195
Alternative Methods of Examination 839‑014‑0200
Proof Required/Forms to Be Used for Bonds and Deposits 839‑014‑0210
Amount of Bond or Deposit to Be Filed 839‑014‑0220
Deposit in Cash or Negotiable Securities 839‑014‑0250
Protesting the Issuance of an Indorsement 839‑014‑0260
Procedure for Filing Protest 839‑014‑0310
Records Required to Be Made and Maintained by Farmworker Camp Operator 839‑014‑0320
Records Availability 839‑014‑0350
Camp Operator to Post Notice of Compliance with Bond Requirements 839‑014‑0360
Camp Operator to Post Indorsement 839‑014‑0380
Action Against the Bond or Deposit 839‑014‑0400
Definitions for Civil Penalties 839‑014‑0410
Violations Separate and Distinct 839‑014‑0420
Violations for Which a Civil Penalty May Be Imposed 839‑014‑0430
Criteria for Determining a Civil Penalty 839‑014‑0440
Schedule of Civil Penalties 839‑014‑0450
Suspension of Civil Penalty 839‑014‑0470
Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement 839‑014‑0500
Immediate Suspension or Refusal to Renew a License Indorsement 839‑014‑0600
Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp 839‑014‑0610
Emergency Access to Telephone 839‑014‑0620
Other Access to Telephone 839‑014‑0630
Waiver from Telephone Requirement
Last Updated

Jun. 8, 2021

Rule 839-014-0085’s source at or​.us