OAR 839-015-0508
Violations for Which a Civil Penalty May Be Imposed

(1)

Pursuant to ORS 658.453 (Civil penalty), the commissioner may impose a civil penalty for each of the following violations:

(a)

Recruiting, soliciting, supplying or employing workers without a license to act as a labor contractor in violation of ORS 658.410 (Labor contractor license requirement);

(b)

Failing to carry a labor contractor’s license at all times while acting as a labor contractor and exhibit it upon request to any person with whom the contractor intends to deal in the capacity of a labor contractor, in violation of ORS 658.440 (Requirements for labor contractors)(1)(a);

(c)

Failing to post a notice in English and in any other language used to communicate with workers that the contractor has a bond or deposit and where claims can be made against the bond or deposit in violation of ORS 658.415 (Application for license)(15);

(d)

Failing to file a change of address notice with the U.S. Post Office and the bureau in violation of ORS 658.440 (Requirements for labor contractors)(1)(b);

(e)

Failing to pay or distribute when due any money or other valuables entrusted to the contractor in violation of ORS 658.440 (Requirements for labor contractors)(1)(c);

(f)

Failing to comply with contracts or agreements entered into as a contractor in violation of ORS 658.440 (Requirements for labor contractors)(1)(d);

(g)

Failing to furnish each worker, at the time of hiring, recruiting, soliciting or supplying, whichever occurs first, a written statement that contains the terms and conditions described in ORS 658.440 (Requirements for labor contractors)(1)(f);

(h)

Failing to execute a written agreement between the worker and the labor contractor containing the terms and conditions described in ORS 658.440 (Requirements for labor contractors)(1)(f), at the time of hiring and prior to the worker performing any work for the labor contractor;

(i)

Failing to furnish each worker with an itemized deduction statement and statement as to the rate of wage to be paid and other information in violation of ORS 658.440 (Requirements for labor contractors)(1)(h);

(j)

Making misrepresentations, false statements or willful concealments on the license applications in violation of ORS 658.440 (Requirements for labor contractors)(3)(a);

(k)

Willfully making or causing to be made any false, fraudulent or misleading information concerning the terms, conditions or existence of employment in violation of ORS 658.440 (Requirements for labor contractors)(3)(b);

(l)

Soliciting or inducing or causing to be solicited or induced a violation of an existing employment contract in violation of ORS 658.440 (Requirements for labor contractors)(3)(c);

(m)

Knowingly employing an alien not legally employable or present in the United States in violation of ORS 658.440 (Requirements for labor contractors)(3)(d);

(n)

Assisting an unlicensed person to act as a contractor in violation of ORS 658.440 (Requirements for labor contractors)(3)(e);

(o)

Inducing in any manner whatsoever an employee or subcontractor to give up any part of the employee’s or subcontractor’s compensation to which they are entitled under an employment contract or under federal or state wage laws in violation ORS 658.440 (Requirements for labor contractors)(3)(f);

(p)

Soliciting, inducing, or causing to be solicited or induced, the travel of a worker from one place to another by representing to a worker that employment for the worker is available at the destination when employment for the worker is not available within 30 days after the date work was represented as being available, is in violation of ORS 658.440 (Requirements for labor contractors)(3)(g);

(q)

Discharging or in any other manner discriminating against employees in violation of ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee);

(r)

Failing to provide lodging and food when required by ORS 658.440 (Requirements for labor contractors)(2)(c) and these rules;

(s)

Failing to carry the license in violation of ORS 658.440 (Requirements for labor contractors)(1)(a);

(t)

Failing to exhibit the license in violation of ORS 658.440 (Requirements for labor contractors)(1)(a);

(u)

Failing to provide certified true copies of payroll records in violation of ORS 658.440 (Requirements for labor contractors)(1)(i);
(v)
Failing to provide workers’ compensation insurance in violation of ORS 658.440 (Requirements for labor contractors)(1)(j).

(2)

In the case of forest labor contractors, in addition to any other penalties, a civil penalty may be imposed for failing to obtain a special indorsement from the bureau to act as a forest labor contractor in violation of ORS 658.417 (Additional requirements for forestation activities)(1).

(3)

The commissioner may impose a civil penalty on a person to whom workers are to be provided, when the person or the person’s agent allows work to be performed on any contract or agreement with an unlicensed labor contractor without first complying with the provisions of ORS 658.437 (Duties of labor contractors)(2).
(4) In the case of property services contractors a civil penalty may be imposed for:
(a) Failing to provide professional training to managers, supervisors and workers the property services contractor employs in janitorial services required by ORS 658.428 (Rules must require property services contractors to provide professional training) and OAR 839-015-0380 (Professional Training for Managers, Supervisors and Employees of Property Services Contractors);
(b) Failing to provide information on the total number of workers the property services contractor employs in janitorial services, the work locations at which janitorial services are provided, or any demographic data that is voluntarily provided by workers as required under ORS 658.427 (Duty of commissioner to establish procedures for licensing of property services contractors), OAR 839-015-0355 (Property Services Contractor Work Locations, Employee Counts and Demographic Information), and OAR 839-015-0400 (Records Required to Be Made and Maintained by Contractor).

Source: Rule 839-015-0508 — Violations for Which a Civil Penalty May Be Imposed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0508.

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 839-015-0508’s source at or​.us