OAR 839-015-0520
Denying, Suspending, Revoking or Refusing to Renew License

(1) The following violations are considered to be of such magnitude and seriousness that the Commissioner may propose to deny or refuse to renew a license application or to suspend or revoke a license:
(a) Making a misrepresentation, false statement or certification or willfully concealing information on the license application;
(b) Causing an existing contract of employment to be violated;
(c) Knowingly employing an alien not legally present or legally employable in the United States;
(d) Assisting an unlicensed person to act as a labor contractor;
(e) In any way inducing an employee or subcontractor of the contractor to give up any part of the compensation to which the employee or subcontractor is entitled under a contract or under federal or state wage laws;
(f) Discharging or discriminating in any way against an employee in violation of ORS 658.452 (Prohibitions relating to discharge of or discrimination against employee);
(g) Intentionally altering a license or permit, or using the license or permit of another;
(h) Knowingly permitting another to use the licensee’s license or permit;
(i) Acting as a labor contractor without a license;
(2) In addition to the reasons listed in (1) of this rule, in the case of property services contractors the following violations are also considered to be of such magnitude and seriousness that the commissioner may propose to deny or refuse to renew a license application or to suspend or revoke a license:
(a) 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 by the property services contractor, or any demographic data that is voluntarily provided by workers; or
(b) Failing to provide professional training to managers, supervisors and workers the property services contractor employs in janitorial services as 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).
(3) When the applicant for a license or a licensee demonstrates that the applicant’s or licensee’s character, reliability or competence makes the applicant or licensee unfit to act as a labor contractor, the Wage and Hour Division shall propose that the license application be denied or license of the licensee be suspended, revoked or not renewed.
(4) The following actions of a labor contractor license applicant or licensee or an agent of the license applicant or licensee demonstrate that the applicant’s or the licensee’s character, reliability or competence make the applicant or licensee unfit to act as a labor contractor:
(a) Violations of any section of ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.485 (Transfer of funds collected under reciprocal agreements);
(b) Conviction of a felony in connection with the applicant’s or licensee’s business operations as a labor contractor;
(c) Willful violation of the terms and conditions of any work agreement or contract;
(d) Failure to comply with federal, state or local laws or ordinances relating to the payment of wages, income taxes, social security taxes, unemployment compensation tax or any tax, fee or assessment of any sort;
(e) Knowing failure or refusal to seek food, water, shelter, or medical attention, or to provide any other necessary goods or services required by law for the safety and health of workers;
(f) Repeated failure 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) or these rules;
(g) Failure to report any change in the circumstances under which the license was issued, including the failure to notify the Bureau of any change in the permanent or temporary address of the applicant or licensee;
(h) Willful misrepresentation, false statement or concealment in the application for a license;
(i) Willfully making or causing to be made to any person any false, fraudulent or misleading representation, or publishing or circulating any false, fraudulent or misleading information concerning the terms, conditions or existence of employment at any place or by any person;
(j) Failure to provide workers compensation coverage for each worker or to make worker’s compensation insurance premium payments when due;
(k) Employing or using an agent who has had a labor contractor license denied, suspended, revoked or not renewed or who has otherwise violated ORS 658.405 (Definitions for ORS 658.405 to 658.511) to 658.503 (Service of process when labor contractor unavailable);
(l) 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) or these rules;
(m) A course of misconduct in relations with workers, farmers and others with whom the person conducts business;
(n) Failure to pay all debts owed, including advances and wages, in a timely manner;
(o) Failure to promptly satisfy any or all judgments levied against the applicant/licensee;
(p) Conduct of the applicant/licensee resulting in the inability to obtain a bond.
(5) When a labor contractor’s license application is denied or a license is revoked or when the commissioner refuses to renew a license, the commissioner will not issue the applicant or licensee a license for a period of three (3) years from the date of the denial, refusal to renew or revocation of the license.
(6) Notwithstanding section (5) of this rule, the commissioner, for good cause shown, may issue a license to a contractor whose application has been previously denied or whose license was not renewed or was revoked before the expiration of three years, provided:
(a) The contractor submits a petition explaining each and every reason why the contractor should be licensed;
(b) The contractor files a completed application with the petition and pays the appropriate fees.
(7) As used in section (5) of this rule, “good cause” means an excusable mistake or a circumstance beyond a person’s control.
(8) The commissioner shall grant or deny the petition referred to in section (5) of this rule and in so doing shall consider the following factors:
(a) The magnitude and seriousness of the violation or violations which led to the denial, refusal to renew or revocation of the license;
(b) The petitioner’s past history in taking all necessary measures to prevent or correct violations of statutes or rules;
(c) The petitioner’s other prior violations of the statute or rules, if any;
(d) Other matters which indicate to the commissioner whether or not the petitioner is likely to violate 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 in the future.
(9) Nothing in this rule shall preclude the commissioner from imposing a civil penalty in lieu of denying or refusing to renew a license application or in lieu of suspension or revocation of a license.

Source: Rule 839-015-0520 — Denying, Suspending, Revoking or Refusing to Renew License, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-015-0520.

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 839-015-0520’s source at or​.us