OAR 839-015-0135
Issuance of License

(1) A license may be issued only as follows:
(a) To an individual proposing to operate as a sole proprietor under the individual’s own name or under the individual’s own name and an assumed business name registered with the Corporation Division;
(b) To an individual proposing to operate as a partner in a partnership or a limited liability partnership under the individual’s own name or under the individuals’ own names and the assumed partnership business name registered with the Office of the Secretary of State;
(c) To the majority shareholder or majority shareholders of a corporation or member(s) owning a majority of a limited liability company that is authorized to do business in Oregon by the Office of the Secretary of State and to the corporation or limited liability company. Under this form of licensing, except as provided in subsection (3), the licensed majority shareholder or majority shareholders and the licensed corporation or the majority member(s) of a limited liability company and the licensed limited liability company are jointly and severally liable for all violations of the corporation or limited liability company and its agents when acting as a labor contractor;
(d) To a cooperative corporation authorized to do business in Oregon by the Office of the Secretary of State;
(e) Except as provided in OAR 839-015-0135 (Issuance of License)(4), to a private nonprofit corporation authorized to do business in Oregon by the Office of the Secretary of State and designated by the Internal Revenue Service as exempt under section 501 (c)(3) of the Internal Revenue Code, provided:
(A)(i) The purpose of the corporation is to provide education or training; and
(ii) Workers recruited, solicited, supplied or employed by the corporation are recruited, solicited, supplied or employed only for the purpose of educating or training the workers in the forestation or reforestation of lands, in construction, or in the production or harvesting of farm products; or
(B) For at least five years before the corporation files an application for a labor contractor license, the corporation has been:
(i) Authorized to do business in Oregon by the Office of Secretary of State;
(ii) Primarily engaged in recruiting, soliciting, supplying or employing workers; and
(iii) Designated by the Internal Revenue Service as exempt under section 501 (c)(3) of the Internal Revenue Code;
(f) For a farm labor contractor license only, to an agricultural association that is authorized to do business in Oregon by the Office of the Secretary of State;
(g) To an employee of a labor contractor other than a property services contractor who is proposing to or is carrying out activities which would require the employee to obtain a license as a labor contractor.
(2) Except as provided in OAR 839-015-0135 (Issuance of License)(4), no license may be issued to an individual proposing to do business as a partner in a partnership unless all of the proposed partners are licensed.
(3) The majority shareholder or majority shareholders of a corporation or member(s) owning a majority of a limited liability company are not required to be licensed under this section if the corporation or limited liability company:
(a)(A) Publicly trades its shares of stock on a stock exchange regulated by the United States Securities and Exchange Commission; or
(B) Has 10 or more shareholders or members and demonstrates to the satisfaction of the commissioner that the corporation or limited liability company is adequately capitalized; and
(C) No individual shareholder or member owns, or no two shareholders or members collectively own a majority of the corporation or limited liability company; and
(b) Is authorized to do business in Oregon by the Office of the Secretary of State.

(4)

For a property services contractor license only:

(a)

To any of the business entities described in paragraphs (b) to (e) of OAR 839-015-0135 (Issuance of License)(1), provided that each entity includes with the application for a license under ORS 658.415 (Application for license) the names and addresses of one or more individuals who are responsible, financially and otherwise, for fulfilling the entity’s obligations consistent with the provisions of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable).

(b)

To a private nonprofit corporation authorized to do business in Oregon by the Office of Secretary of State and designated by the Internal Revenue Service as exempt under section 501(c)(3) of the Internal Revenue Code provided that the corporation is primarily engaged in recruiting, soliciting, supplying or employing workers.

Source: Rule 839-015-0135 — Issuance of License, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0135.

839‑015‑0000
Notice of Proposed Rule 839‑015‑0004
Definitions for Regulations Pertaining to Labor Contractors 839‑015‑0125
Contractors Must Obtain a License 839‑015‑0130
Exemptions from Licensing 839‑015‑0135
Issuance of License 839‑015‑0140
Licensing Requirements 839‑015‑0141
Licensing Requirements for Employees of Contractor/ Indorsements 839‑015‑0142
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge 839‑015‑0145
Character, Competence and Reliability 839‑015‑0150
Procedure for Obtaining a Temporary Permit 839‑015‑0155
Procedure for Obtaining a License 839‑015‑0157
Procedure for Obtaining Reduction in the Amount of Required Aggregate Bonding When More than One Individual Is Required to Be Licensed in One Entity 839‑015‑0160
Procedure for Obtaining a Duplicate License 839‑015‑0165
Procedure for Issuing or Renewing License 839‑015‑0170
Scope of Examinations 839‑015‑0175
Examination Requirements 839‑015‑0178
Grading of Examinations/Notice of Score 839‑015‑0180
Review of Examinations 839‑015‑0185
Re-Examination 839‑015‑0190
Substitution of Oregon Examination 839‑015‑0195
Alternative Methods of Examination 839‑015‑0200
Proof Required/Forms to Be Used for Bonds and Deposits 839‑015‑0210
Amount of Bond or Deposit to Be Filed 839‑015‑0220
Deposit in Cash or Negotiable Securities 839‑015‑0230
Procedure for Obtaining Reduction in the Amount of Bond or Deposit Required 839‑015‑0250
Protesting the Issuance of a License 839‑015‑0260
Procedure for Filing Protest 839‑015‑0300
Contractor to Submit “Wage Certification” Form 839‑015‑0310
Contractor to Furnish Statement of Worker’s Rights and Remedies 839‑015‑0320
Form of License 839‑015‑0350
Contractor to File Work Agreements between Labor Contractor and Farmers and Others 839‑015‑0355
Property Services Contractor Work Locations, Employee Counts and Demographic Information 839‑015‑0360
Contractor to File Work Agreements between Labor Contractor and Workers 839‑015‑0370
Contractor to Furnish Statement of Earnings and Statement of Prevailing Wage 839‑015‑0380
Professional Training for Managers, Supervisors and Employees of Property Services Contractors 839‑015‑0400
Records Required to Be Made and Maintained by Contractor 839‑015‑0410
Records Availability 839‑015‑0450
Notice of Compliance with Bond Requirements 839‑015‑0500
Action Against the Bond or Deposit 839‑015‑0502
Contractor to Pay Food and Lodging Expenses of Workers Who Travel Prior to the Availability of Employment 839‑015‑0503
Contractor to Pay Certain Transportation Costs 839‑015‑0504
Application of OAR 839-015-0502 and 839-015-0503 Limited 839‑015‑0505
Definitions for Civil Penalties 839‑015‑0507
Violations Separate and Distinct 839‑015‑0508
Violations for Which a Civil Penalty May Be Imposed 839‑015‑0509
Inspection of Contractor’s License or Temporary Permit 839‑015‑0510
Criteria for Determining a Civil Penalty 839‑015‑0512
Schedule of Civil Penalties 839‑015‑0520
Denying, Suspending, Revoking or Refusing to Renew License 839‑015‑0525
Immediate Suspension or Refusal to Renew a License 839‑015‑0530
Knowing Employment of an Alien Not Legally Present or Legally Employable in the United States 839‑015‑0600
Procedure for Filing Civil Action under ORS 658.453(4) 839‑015‑0605
Knowingly Using the Services of an Unlicensed Contractor 839‑015‑0610
Actions Under ORS 658.475 for Injunctive or Declaratory Relief and Damages
Last Updated

Jun. 8, 2021

Rule 839-015-0135’s source at or​.us