OAR 839-015-0145
Character, Competence and Reliability

The character, competence and reliability contemplated by ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.475 (Injunctive relief and damages for violation of ORS 658.405 to 658.511) and these rules includes, but is not limited to, consideration of an applicant’s conduct, the conduct of any person financially interested in the applicant’s proposed operation as a labor contractor, or the conduct of any business in which any person financially interested in the applicant’s proposed operation as a labor contractor has had a financial interest, whether as a partner, shareholder, or profitsharer, with respect to the following:
(1) Relations with workers, farmers and others with whom the person conducts business.
(2) Reliability in adhering to the terms and conditions of any contract or agreement between the person and those with whom the person conducts business.
(3) Timeliness in paying all debts owed, including advances and wages.
(4) Any unsatisfied judgments or felony convictions.
(5) The cancellation of or inabilty to obtain a bond, if applicable.
(6) Provision of workers’ compensation coverage for each worker or payment of worker’s compensation insurance premium payments when due.
(7) Violation of any provision of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable) or these rules.
(8) Employment of an agent who has had a labor contractor license denied, suspended, revoked or not renewed or who has otherwise violated any provisions of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable) or these rules.
(9) Providing notification to the bureau of any change in the circumstances under which a license was issued.
(10) Failure to comply with federal, state or local laws or ordinances relating to income taxes, social security taxes, unemployment compensation tax, or any tax, fee or assessment of any sort.
(11) Failure to comply with federal, state or local laws or ordinances named in OAR 839-015-0310 (Contractor to Furnish Statement of Worker’s Rights and Remedies).
(12) When required by law, failure or refusal to seek food, water, shelter, or medical attention, or to provide any other necessary goods or services required for the safety and health of workers.
(13) Repeated failures to file or furnish all forms and other information required by ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable) and these rules.
(14) Any willful misrepresentation, false statement or concealment in the application for a license.
(15) Any false, fraudulent or misleading representation willfully made or caused to be made to any person, or publication or circulation of any false, fraudulent or misleading information concerning the terms, conditions, or existence of employment at any place or by any person.
(16) Failure to maintain the bond or cash deposit as required by ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable).

Source: Rule 839-015-0145 — Character, Competence and Reliability, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0145.

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 839-015-0145’s source at or​.us