OAR 839-014-0470
Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement


The commissioner may deny, refuse to issue or renew, suspend or revoke a license indorsement if:


The conditions under which the indorsement was issued have changed or no longer exist;


The indorsee’s character, competence or reliability makes the indorsee unfit to act as a farmworker camp operator; or


The applicant or operator makes any material misrepresentation, false statement or willful concealment on the application for a license.


The indorsee discharges, evicts or in any other manner discriminates against any person in violation of ORS 658.760 (Prohibited actions by operator).


The following actions of an indorsee demonstrate that the indorsee’s character, competence or reliability make the licensee unfit to act as a farmworker camp operator:


Operation of a farmworker camp without a valid indorsement;


Operation of a farmworker camp without a valid registration certificate when the contractor is required to obtain and maintain a valid registration certificate;


Failure to continually maintain the appropriate bond and security behind the bond;


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


Failing to comply with building codes or health and safety laws to the extent that an authority responsible for the enforcement of such codes and laws has determined the farmworker camp to be unfit for inhabitation;


Violating any provision of ORS 658.755 (Farmworker camp operator duties)(2); or


Failing to provide lodging as provided for in ORS 658.790 (Uninhabitable camp).


When an application is denied or an indorsement is revoked or when the commissioner refuses to issue or renew an indorsement the commissioner will not issue the applicant or indorsee an indorsement for a period of three years from the date of the denial, refusal to issue or renew or revocation of the indorsement.


Notwithstanding section (3) of this rule, the commissioner, for good cause shown, may issue an indorsement to a farmworker camp operator whose application has been previously denied or whose indorsement was not issued, renewed or was revoked before the expiration of three years, provided:


The applicant or indorsee submits a petition explaining each and every reason why the applicant or indorsee should receive an indorsement; and


The applicant or indorsee files a completed application with the petition and pays the appropriate fees.


As used in section (4) of this rule, “good cause” means an excusable mistake or a circumstance beyond a person’s control.


The commissioner shall grant or deny the petition referred to in section (5) of this rule, and in so doing shall consider the following factors:


The magnitude and seriousness of the violation or violations which led to the denial, refusal to issue or renew or revocation of the indorsement;


The petitioner’s past history in taking all necessary measures to prevent or correct violations of statutes or rules;


The petitioner’s other prior violations of the statute or rules, if any;


Other matters which indicate to the commissioner that the petitioner is not likely to violate ORS 658.705 (Definitions for ORS 658.705 to 658.850) to 658.850 (Civil penalties) and these rules in the future.


Nothing in this rule shall preclude the commissioner from imposing a civil penalty in lieu of denying or refusing to issue or renew an application or in lieu of suspension or revocation of an indorsement.

Source: Rule 839-014-0470 — Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-014-0470.

Notice of Proposed Rules
Definitions for Regulations Pertaining to Farmworker Camp Operations
Character, Competence and Reliability
Camp Operators Must Obtain Indorsement
Exemptions from Farmworker Camp Licensing Requirements
Issuance of Indorsement
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge
Procedure for Obtaining an Indorsement
Procedure for Obtaining a Duplicate Indorsement
Procedure for Renewing Indorsement
Scope of Examinations
Examination Requirements
Grading of Examinations/Notice of Score
Review of Examinations
Substitution of Oregon Examination
Alternative Methods of Examination
Proof Required/Forms to Be Used for Bonds and Deposits
Amount of Bond or Deposit to Be Filed
Deposit in Cash or Negotiable Securities
Protesting the Issuance of an Indorsement
Procedure for Filing Protest
Records Required to Be Made and Maintained by Farmworker Camp Operator
Records Availability
Camp Operator to Post Notice of Compliance with Bond Requirements
Camp Operator to Post Indorsement
Action Against the Bond or Deposit
Definitions for Civil Penalties
Violations Separate and Distinct
Violations for Which a Civil Penalty May Be Imposed
Criteria for Determining a Civil Penalty
Schedule of Civil Penalties
Suspension of Civil Penalty
Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement
Immediate Suspension or Refusal to Renew a License Indorsement
Definitions for Regulations Pertaining to Employee Access to a Telephone in a Farmworker Camp
Emergency Access to Telephone
Other Access to Telephone
Waiver from Telephone Requirement
Last Updated

Jun. 8, 2021

Rule 839-014-0470’s source at or​.us