OAR 839-015-0142
Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge

(1) The Bureau may refuse to license or renew the license of any person who proposes to use any individual, partnership, association, corporation or other entity as such person’s agent for the performance of any activity specified in ORS 658.405 (Definitions for ORS 658.405 to 658.511)(4), when the proposed agent has, within the preceding three years, violated any section of 658.405 (Definitions for ORS 658.405 to 658.511) to 658.485 (Transfer of funds collected under reciprocal agreements).
(2) The Bureau may refuse to license or renew the license of any applicant where there is evidence of sham or subterfuge in the identity of the applying entity. The Bureau will regard as prima facie evidence of sham or subterfuge mere changes in business form in anticipation of or 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 labor contractor, makes application, including a renewal application, for a license and 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 business name similar to that of the former business;
(c) A time period of less than one year elapsed between the former entity’s receipt of notice of the Bureau’s intent to deny, suspend, revoke or refuse to renew its license or application and the license application by the new business;
(d) A person financially interested in any capacity in the former business has a financial interest in any capacity in the new business;
(e) Assets or capital of the former business are commingled with assets or capital of the new business;
(f) The amount of capitalization is inadequate to meet current obligations of the new business; or
(g) 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 839-015-0142 — Use of Certain Agents Prohibited/Evidence of Sham or Subterfuge, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0142.

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 839-015-0142’s source at or​.us