OAR 839-015-0510
Criteria for Determining a Civil Penalty

(1) The commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be imposed, and shall cite those the commissioner finds to be appropriate:
(a) The history of the contractor or other person in taking all necessary measures to prevent or correct violations of statutes or rules;
(b) Prior violations, if any, of statutes or rules;
(c) The magnitude and seriousness of the violation;
(d) Whether the contractor or other person knew or should have known of the violation.
(2) It shall be the responsibility of the contractor or other person to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be imposed.
(3) In arriving at the actual amount of the civil penalty, the commissioner shall consider the amount of money or valuables, if any, taken from employees or subcontractors by the contractor or other person in violation of any statute or rule.
(4) Notwithstanding any other section of this rule, the commissioner shall consider all mitigating and aggravating circumstances presented by the contractor or other person for the purpose of determining the amount of the civil penalty to be imposed.

Source: Rule 839-015-0510 — Criteria for Determining a Civil Penalty, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0510 (accessed May 26, 2025).

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

May 26, 2025

Rule 839-015-0510's source at or​.us