OAR 839-014-0420
Violations for Which a Civil Penalty May Be Imposed

Pursuant to ORS 658.850 (Civil penalties), the commissioner may impose a civil penalty for any of the following violations:

(1)

Operating a farmworker camp without first having obtained a farm labor contractor’s license in violation of ORS 658.715 (Farmworker camp operator requirements);

(2)

Operating a farmworker camp without first having obtained an indorsement to do so in violation of ORS 658.715 (Farmworker camp operator requirements);

(3)

Operating a farmworker camp which is not registered with the Department of Consumer and Business Services in violation of ORS 658.755 (Farmworker camp operator duties)(2)(a);

(4)

Failing to post the indorsement in violation of ORS 658.730 (Farm labor contractor indorsement to operate farmworker camp)(2);

(5)

Failing to continually maintain a bond and security behind the bond in violation of ORS 658.735 (Bond required);

(6)

Failing to post a notice of compliance with ORS 658.735 (Bond required), in violation of ORS 658.735 (Bond required)(8);

(7)

Failing to comply with the following provisions of ORS 658.755 (Farmworker camp operator duties)(1), as follows:

(a)

ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.485 (Transfer of funds collected under reciprocal agreements); or

(b)

ORS Chapter 654 (Occupational Safety and Health) and the rules adopted thereunder, provided the division has determined that there has been a failure to comply with said statute and rules; or

(c)

All applicable building codes and health and safety codes; or

(d)

ORS 659A.250 (Definitions for ORS 659A.250 to 659A.262) to 659A.262 (Warrant on behalf of person entitled to access to housing) (access to farmworker camps); or

(e)

Pay or distribute promptly, when due, to individuals entitled thereto, money or other things of value as required by ORS 658.755 (Farmworker camp operator duties)(1)(e); or

(f)

The terms and provisions of all legal and valid contracts or agreements as required by ORS 658.755 (Farmworker camp operator duties)(1)(f); or

(8)

Willfully making or causing to be made to any person any false, fraudulent or misleading representation concerning the terms and conditions of occupancy in the farmworker camp in violation of ORS 658.755 (Farmworker camp operator duties)(2)(c);

(9)

Making any material misrepresentation, false statement or willful concealment in the application for an indorsement in violation of ORS 658.755 (Farmworker camp operator duties)(2)(b);

(10)

Knowingly publishing or circulating any false or misleading information concerning the terms, conditions or existence of housing at any place in violation of ORS 658.755 (Farmworker camp operator duties)(2)(d);

(11)

Knowingly publishing or circulating any false or misleading information concerning the terms conditions or existence of employment at any place in violation of ORS 658.755 (Farmworker camp operator duties)(2)(d);

(12)

Assisting a person who is not entitled to operate a farmworker camp without a farm labor contractor’s license with an indorsement as required by ORS 658.715 (Farmworker camp operator requirements) to act in violation of any of the following statutes, in violation of ORS 658.755 (Farmworker camp operator duties)(2)(e):

(a)

ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties); or

(b)

ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.485 (Transfer of funds collected under reciprocal agreements); or

(c)

ORS Chapter 654 (Occupational Safety and Health) when a violation has been determined by the division in violation of ORS 658.755 (Farmworker camp operator duties)(2)(e).

(13)

By force, intimidation or threat in any manner whatsoever, inducing any occupant of the farmworker camp to give up any part of the compensation the occupant is entitled to by contract or by any state or federal wage payment law in violation of ORS 658.755 (Farmworker camp operator duties)(2)(f);

(14)

By force, intimidation or threat in any manner whatsoever, restraining any person who wishes to leave the camp from doing so in violation of ORS 658.755 (Farmworker camp operator duties)(2)(g);

(15)

Discharging, evicting or in any other manner discriminating against any person in violation of ORS 658.760 (Prohibited actions by operator); and

(16)

Failing to provide housing, without charge, when required by ORS 658.790 (Uninhabitable camp), pursuant to the provisions of said law.

Source: Rule 839-014-0420 — Violations for Which a Civil Penalty May Be Imposed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0420.

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 839-014-0420’s source at or​.us