OAR 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

(1) Labor contractors desiring to apply for a reduction in the required bond or deposit may do so by submitting an application to the Bureau of Labor and Industries.
(2) Applications shall be in writing and on forms provided by the bureau. All completed applications must be mailed or delivered to the Bureau of Labor and Industries, Wage and Hour Division, License Unit, 3865 Wolverine Street, NE, Bldg. E-1, Salem, OR 97305.
(3) No such application shall be considered unless the commissioner determines that:
(a) The application pertains to a single business entity; and
(b) More than one natural person is an owner or employee of the business entity; and
(c) Such persons engage in activities requiring a labor contractor’s license; and
(d) Such persons engage in such activities solely for the business entity.
(4) In the case of a corporate surety bond, applications must be accompanied by a statement from the licensee’s bonding agent or agents certifying the length of time the licensee has been bonded by the agent and that there have been no valid claims against the licensee’s bond during that time. If the license utilized more than one bonding agent, a statement is required from each agent.
(5) No application may be granted unless the business entity has operated for at least one year without a valid claim in this or any other state against the bond or deposit.
(6) When the commissioner is satisfied that the business entity has presented adequate proof that it has operated for at least one year without a valid claim against its bond or deposit, and when the commissioner determines that the conditions set out in sections (3) and (5) of this rule are met, the commissioner may grant an application for a reduction in the aggregate amount of the required bond or deposit.
(7) In determining whether to grant the application, the commissioner shall consider the following circumstances:
(a) All matters contained in the application;
(b) The number of licensees;
(c) The type of business entity;
(d) The history of each licensee in complying with any law;
(e) Whether the licensees are dealing directly or indirectly with employees;
(f) The number of employees employed by the business entity;
(g) The character, competence or reliability of the licensees, as those terms are used in these rules;
(h) Other information bearing on the circumstances of the application.
(8) When the commissioner determines to grant an application for lower aggregate bonding requirements for a business entity and its owners pursuant to sections (5) and (6) of this rule, the application will be granted to permit a total aggregate bond or deposit in the amount required by OAR 839-015-0210 (Amount of Bond or Deposit to Be Filed) for one licensee with a corresponding number of employees:
(9) When the commissioner grants an application for lower aggregate bonding requirements for a business entity and its owners, the required amount of aggregate bond or deposit may be divided among the licensees as they may agree, so long as each is obligated; in the absence of an agreement, the required amount shall be divided equally among them.
(10) Notwithstanding section (8) of this rule, when the commissioner determines to grant an application for lower aggregate bonding requirements for a business entity and its owners pursuant to section (6) of this rule, the entity must post an aggregate bond or deposit in the minimum amount specified in ORS 658.415 (Application for license) or 658.735 (Bond required), whichever is greater.
(11) The commissioner may specify conditions, if any, on the approval of the application.
(12) If the commissioner rejects the application, the reasons for the rejection will be specified.
(13) The commissioner may, for good cause shown, revoke the licensee’s authorization to post a reduced bond or deposit. “Good cause” includes but is not limited to the following situations:
(a) A valid claim is filed against the bond or deposit of the business entity or licensee who is an owner or employee;
(b) The business entity ceases operating the business for which the bond or deposit was accepted;
(c) Failure to pay wages to the employees when due;
(d) Failure to pay advances made to or on behalf of the licensee by construction property owners, owners or property managers of property where janitorial services are or were to be performed, growers or producers of agricultural products or by owners or lessees of land intended to be used for the production of timber;
(e) The business entity, its licensees, its agents or employees during the course of their employment, cause damage to any person by reason of willful misrepresentation, fraud, deceit or other unlawful act or omission;
(f) The business entity, including any licensee, agent or employee, acting in the course of employment, has engaged in labor contracting activities on behalf of anyone other than the business entity.

Source: Rule 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, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0157.

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 839-015-0157’s source at or​.us