OAR 839-017-0004
Definitions Generally

As used in ORS 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) and in these rules unless the context requires otherwise:

(1)

“Advertising” means any material or means used by the employment agency for solicitation or promotion of business. This includes, but is not limited to, business cards, notices or announcements in newspapers, radio, television, brochures, pamphlets, gift items, and signs. It may also mean referral cards, invoices, letterheads, or other forms if such forms are used in combination with solicitation and promotion of business.

(2)

“Applicant for Employment” means an individual who is seeking or who has obtained employment through the services of an employment agency.

(3)

“Bureau” means the Bureau of Labor and Industries of the State of Oregon.

(4)

“Charge for Services” means any money or other consideration paid or promised to be paid by an applicant for employment for services rendered by an employment agency.

(5)

“Commissioner” means the Commissioner of the Bureau of Labor and Industries or the Commissioner’s authorized deputies and officers.

(6)

“Employment listing service” means a business operated by a person that:

(a)

Provides lists of specified positions of employment available with an employer listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service;

(b)

Charges an individual a fee for its services; and

(c)

Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation.

(7)

“Engaged in Procuring for a Fee, Employment for Others and Employees for Employers” as used in ORS 658.005 (Definitions for ORS 658.005 to 658.245)(3) means all actions of an employment agency leading up to and including the placing of job applicants in employment with others, provided a charge for services is paid to the employment agency by an applicant. Such actions include but are not limited to:

(a)

Assisting an individual in completing the agency’s application form or other documents detailing the individual’s work experience and general qualifications for employment;

(b)

Interviewing an individual in connection with specific job openings or in connection with the agency’s general practice and procedure for determining the experience and qualifications of an applicant for employment;

(c)

Referring individuals to prospective employers pursuant to job orders obtained from said employers;

(d)

Soliciting and obtaining job orders from employers;

(e)

Recruiting individuals to fill job orders obtained from employers;

(f)

Advertising for individuals to fill job orders obtained from employers;

(g)

Other activities that cause, acquire, gain, get or bring about the placement of individuals in employment.

(8)

“Fee Paid Position” means a position in which under no circumstances is the applicant for employment who is identified, appraised, referred, or recommended charged a deposit, retainer, fee or any other charge for services directly or indirectly at any time in connection with such position.

(9)

“Violation” means a transgression of any statute, rule or order, or any part thereof and includes both acts and omissions.

Source: Rule 839-017-0004 — Definitions Generally, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0004.

839‑017‑0004
Definitions Generally 839‑017‑0011
Contents of Contracts between Employment Agencies and Applicants for Employment 839‑017‑0012
Additional Requirements for Contracts between Employment Agencies and Applicants for Employment 839‑017‑0013
Contract Requirements When Employment Compensation Is Based on Commission 839‑017‑0025
Contract Clauses or Statements That Are Not Required but May Be Included 839‑017‑0030
Refunds to Applicants 839‑017‑0031
Oral Agreements or Additions to Contracts Prohibited 839‑017‑0032
Record of Contracts 839‑017‑0040
Fee Paid Positions 839‑017‑0045
Addendum to Contract to Provide Specific Terms for Payment 839‑017‑0051
Definitions for Job Order and Job Referral Document Rules 839‑017‑0052
Bona Fide Job Order Requirements 839‑017‑0053
When an Exploratory Job Order/Interview Is Considered to Be Given 839‑017‑0054
Identification by Agency to Employer and Accepting Fee Paid Orders 839‑017‑0060
Information Required to Be Contained in a Job Order 839‑017‑0070
Job Referral Documents 839‑017‑0071
Job Referral Documents to Include Expiration of Referral Information 839‑017‑0072
Applicants Required to Receive Job Referral Documents 839‑017‑0101
Fee Earned by Agency Responsible for Placement 839‑017‑0102
Determination of Agency Entitled to Fee 839‑017‑0103
Definitions for the Purpose of Solving Interagency Disputes 839‑017‑0151
Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days 839‑017‑0152
Interest, Fees, and Other Charges May Be Prorated 839‑017‑0153
Agencies Required to Make Effort to Procure Necessary Information for Making Rebates 839‑017‑0177
Publication of False, Misleading, or Fraudulent Information Prohibited 839‑017‑0178
Advertising Must Be Factual 839‑017‑0180
Advertising Deemed False or Misleading 839‑017‑0271
Enforcement Actions against Bonds or Deposits Generally 839‑017‑0272
Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency 839‑017‑0274
Violations for Which a Civil Penalty May Be Imposed 839‑017‑0275
Violations Separate and Distinct 839‑017‑0276
Definition of “Acting Knowingly” 839‑017‑0277
Criteria to Determine Civil Penalty to Be Imposed 839‑017‑0280
Schedule of Civil Penalties to Be Imposed 839‑017‑0300
Waiver from Requirement to Use Word “Agency” or “Agencies” as Part of Name of Employment Agency 839‑017‑0376
Disputes Between Agencies and Their Employees 839‑017‑0476
Time for Maintenance of Records 839‑017‑0477
Method of Maintaining Records 839‑017‑0500
Contracts Between Employment Listing Services and Individuals 839‑017‑0505
Fees Charged by Employment Listing Services 839‑017‑0510
Confirmation of Position Availability by Employment Listing Services 839‑017‑0515
Employment Listing Services Required to be Registered 839‑017‑0520
Employment Listing Service Fee Forfeiture Provisions
Last Updated

Jun. 8, 2021

Rule 839-017-0004’s source at or​.us