OAR 839-014-0380
Action Against the Bond or Deposit

(1)

Any person entitled to recover sums received by the indorsee or the indorsee’s agents or damages occasioned to the person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee or the indorsee’s agents or employees acting within the scope of their employment, or any employee of the indorsee who is legally owed any sum has a right of action against the surety on the bond or deposit with the commissioner. The individual may exercise this right or may assign this right to another.

(2)

The action on the bond or on the deposit held by the commissioner may not be joined in a suit or action on the bond or against the commissioner brought for any other claim.

(3)

Any person seeking to recover on the bond or from the deposit with the commissioner must first establish the farm-worker camp operator liability. The liability may be established in any of the following ways:

(a)

A judgment of the court; or

(b)

A final administrative order issued pursuant to statute or rule; or

(c)

The acknowledgment of the farm-worker camp operator of such liability; or

(d)

Other satisfactory evidence of liability as may be shown which establishes the liability.

(4)

Claims against the bond or deposit will not be paid unless, within six months of the end of the license year to which the bond or deposit applies, the claimant or claimant’s assignee gives notice of the claim by certified mail to the surety or the commissioner.

(5)

Any claim or notice of claim filed pursuant to a claimant’s right of action must be filed as follows:

(a)

If the filing is against a surety bond, the claim or notice must be filed with the surety. The name and address of the surety may be obtained from the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305;

(b)

If the filing is against a deposit held by the commissioner, the claim or notice must be filed with the Bureau of Labor and Industries, Wage and Hour Division, Farm Labor Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305;

(6)

The commissioner and the surety shall make payments on the bond or deposit in the following priority:

(a)

Wage claims;

(b)

Payments on all sums legally owing to any employee of the indorsee;

(c)

Payments on all sums legally owing to any person when the indorsee or the indorsee’s agents have received such sums;

(d)

Payments on all damages occasioned to any person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee or the indorsee’s agents or employees acting within the scope of their employment;

(e)

If there are insufficient funds to pay all sums, in accordance with the priority of payment, in full, such sums will be paid in part.

Source: Rule 839-014-0380 — Action Against the Bond or Deposit, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0380.

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 839-014-0380’s source at or​.us