OAR 839-017-0102
Determination of Agency Entitled to Fee

In order to make a reasonable effort to determine the agency entitled to the fee, the following rules shall be followed:

(1)

When two agencies have referred the applicant for employment to the same position, the agency entitled to the fee shall be the agency that:

(a)

First established a scheduled appointment between the applicant for employment and employer for the specific position which the applicant subsequently accepted and started work;
EXAMPLE: On Monday, agency “A” arranges an appointment for an applicant with an employer for Wednesday morning. Agency “B” arranges an appointment for the same applicant for the same job opening on Tuesday morning for Tuesday afternoon. If the applicant accepts the position and starts work, Agency “A” is entitled to the fee.

(b)

Records accurately the time and date of the making, by agency personnel, of the appointment for interview;
EXAMPLE: Agency personnel record that they called employer at 9:06 a.m., October 18th and scheduled interview for applicant.

(c)

And, as soon as possible after the appointment is established, advises the applicant for employment by complying with the job referral document requirements.

(2)

Resume’ Mailing. The resume’ must indicate clearly the name and address of the referring agency. When a resume’ is mailed by the agency to the employer, the agency is entitled to the fee when:

(a)

The agency contacts the applicant for employment immediately and advises the applicant of the name of the employer to whom the resume’ was mailed, and, the employer gives or has given the agency a bona fide job order and the agency first establishes a scheduled appointment with the applicant and complies with job referral document requirements;

(b)

Or the employer, as the result of the mailing, contacts the applicant for employment directly, arranges the first scheduled appointment and gives the agency a bona fide job order and the agency complies with job referral document requirements;

(c)

And as a result of the job interview, the applicant accepts a specific position and starts work.

Source: Rule 839-017-0102 — Determination of Agency Entitled to Fee, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0102.

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 839-017-0102’s source at or​.us