OAR 839-017-0177
Publication of False, Misleading, or Fraudulent Information Prohibited

No employment agency shall knowingly publish or cause to be published any false, fraudulent, or misleading information, representation, notice, or advertisement. The following are types of advertising which are considered false or misleading:

(1)

Exclusive listing in advertisements of jobs designated as “fee paid” by agencies which do not operate exclusively on the basis of no fee to the applicant for employment, in such manner as to give the false impression that all jobs handled by the agency are “fee paid” jobs.

(2)

Where both “fee” and “fee paid” jobs are listed, use of the phrases such as “100 percent free” or “all free” as column headings, so as to give the impression that the entire agency operation is on a “fee paid” basis.

(3)

Designating jobs as “fee paid” where this is true only if certain conditions are met. For example, jobs where the employer will pay the fee only if the applicant for employment stays on the job for a stipulated period of time, or jobs where the employer deducts the amount of the fee from the applicant’s salary, or where the employer will pay only a portion of the fee, or if the fee payment on the part of the employer is a negotiable item.

(4)

Use of the phrase “lowest fee” or similar words, where the agency’s fee is not in fact the lowest fee rate in effect in the area in which the agency does business.

(5)

Headlines or titles relating to fees, such as “Applicant Pays Fee” or “Fee Paid,” must be set in the same type of equal size and boldness, when an agency advertises both categories of jobs.

(6)

In group advertisements which contain both “Employer Pays Fee” and “Applicant Pays Fee” listings, all listings of each type shall be grouped together in a block under the respective title, or each listing must include a designation as to the source of the fee.

(7)

If an advertisement is of a job or jobs for which the employer pays the fee, and if the agency so advertised, the ad must state in type of equal size and boldness, that the agency also handles jobs for which the applicant for employment pays the fee if such is the case.

(8)

Ads worded so as to mislead the applicant for employment regarding the nature of the position advertised.

Source: Rule 839-017-0177 — Publication of False, Misleading, or Fraudulent Information Prohibited, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0177.

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 839-017-0177’s source at or​.us