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:


“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.


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


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


“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.


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


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


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;


Charges an individual a fee for its services; and


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.


“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:


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


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;


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


Soliciting and obtaining job orders from employers;


Recruiting individuals to fill job orders obtained from employers;


Advertising for individuals to fill job orders obtained from employers;


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


“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.


“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.

Definitions Generally
Contents of Contracts between Employment Agencies and Applicants for Employment
Additional Requirements for Contracts between Employment Agencies and Applicants for Employment
Contract Requirements When Employment Compensation Is Based on Commission
Contract Clauses or Statements That Are Not Required but May Be Included
Refunds to Applicants
Oral Agreements or Additions to Contracts Prohibited
Record of Contracts
Fee Paid Positions
Addendum to Contract to Provide Specific Terms for Payment
Definitions for Job Order and Job Referral Document Rules
Bona Fide Job Order Requirements
When an Exploratory Job Order/Interview Is Considered to Be Given
Identification by Agency to Employer and Accepting Fee Paid Orders
Information Required to Be Contained in a Job Order
Job Referral Documents
Job Referral Documents to Include Expiration of Referral Information
Applicants Required to Receive Job Referral Documents
Fee Earned by Agency Responsible for Placement
Determination of Agency Entitled to Fee
Definitions for the Purpose of Solving Interagency Disputes
Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days
Interest, Fees, and Other Charges May Be Prorated
Agencies Required to Make Effort to Procure Necessary Information for Making Rebates
Publication of False, Misleading, or Fraudulent Information Prohibited
Advertising Must Be Factual
Advertising Deemed False or Misleading
Enforcement Actions against Bonds or Deposits Generally
Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency
Violations for Which a Civil Penalty May Be Imposed
Violations Separate and Distinct
Definition of “Acting Knowingly”
Criteria to Determine Civil Penalty to Be Imposed
Schedule of Civil Penalties to Be Imposed
Waiver from Requirement to Use Word “Agency” or “Agencies” as Part of Name of Employment Agency
Disputes Between Agencies and Their Employees
Time for Maintenance of Records
Method of Maintaining Records
Contracts Between Employment Listing Services and Individuals
Fees Charged by Employment Listing Services
Confirmation of Position Availability by Employment Listing Services
Employment Listing Services Required to be Registered
Employment Listing Service Fee Forfeiture Provisions
Last Updated

Jun. 8, 2021

Rule 839-017-0004’s source at or​.us