OAR 839-017-0280
Schedule of Civil Penalties to Be Imposed

(1)

The civil penalty for any one violation shall not exceed $2,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances.

(2)

Repeated violations of the provisions of ORS 658.005 (Definitions for ORS 658.005 to 658.245) to 658.245 (Actions upon agency bonds or letters of credit) or OAR 839-017-0000 to 839-017-0477 (Method of Maintaining Records) are considered to be of such magnitude and seriousness that no less than $500 for each violation will be imposed when the Commissioner determines to impose a civil penalty.

(3)

In addition to any other provision of these rules, the following violations are so serious and of sufficient magnitude that the minimum civil penalty indicated will be imposed, when the Commissioner determines to impose a penalty: Violation — Minimum Penalty

(a)

Knowingly giving, publishing or causing to be published false fraudulent or misleading information in violation of ORS 658.195 (Giving false information or making false representations), OAR 839-017-0177 (Publication of False, Misleading, or Fraudulent Information Prohibited) and 839-017-0178 (Advertising Must Be Factual) — $1,000;

(b)

Knowingly charging a fee in excess of the fee schedule published by the employment agency in violation of ORS 658.155 (Posting and furnishing schedule of charges) — $700;

(c)

Knowingly charging a fee without a bona fide job order in violation of ORS 658.165 (Order necessary before referral or charge to be made) — $700;

(d)

Knowingly referring an applicant for employment without a bona fide job order in violation of ORS 658.165 (Order necessary before referral or charge to be made) — $700;

(e)

Knowingly failing to provide an applicant for employment with a job referral document in violation of ORS 658.172 (Job referral requirements) and OAR 839-017-0072 (Applicants Required to Receive Job Referral Documents) — $500;

(f)

Knowingly issuing a contract which terms would violate any law or knowingly attempting to fill a job order in violation of any law in violation of ORS 658.176 (Fees and charges for services) — $500;

(g)

Knowingly requiring or accepting a fee from an applicant for employment prior to the applicant actually starting work in violation of ORS 658.176 (Fees and charges for services) — $500;

(h)

Knowingly failing to comply with any provision pertaining to refunds to applicants for employment in violation of ORS 658.185 (Limitation on charges) — $300;

(i)

Placing or assisting in the placement of any minor if the employment is in violation of laws regulating the employment of minors in violation of ORS 658.205 (Prohibited agency employment activities)(4) — $500;

(j)

Knowingly permitting a person of bad character to frequent or be employed by the agency in violation of ORS 658.205 (Prohibited agency employment activities)(2). As used in this subsection a “person of bad character” includes but is not limited to a person convicted of a felony; a person who has had a license revoked, suspended, denied or refused to be issued; a person who has repeatedly violated or caused to be repeatedly violated any statute or rule pertaining to private employment agency matters, tax matters and other statutes and rules pertaining to the employment of employees or to the protection of consumers in their dealings with employment agencies. — $500;

(k)

Knowingly referring the applicant for employment to a place where a labor dispute exists in violation of ORS 658.205 (Prohibited agency employment activities)(5) — $500;

(l)

Splitting a fee in violation of ORS 658.205 (Prohibited agency employment activities)(7) — $500;

(m)

Charging a fee in violation of ORS 658.205 (Prohibited agency employment activities)(8) and 658.205 (Prohibited agency employment activities)(9) — $500;

(n)

Requesting or accepting an assignment of wages in violation of ORS 658.205 (Prohibited agency employment activities)(10) — $500.

(4)

Notwithstanding section (3) of this rule, when the Commissioner determines to impose a civil penalty, the minimum civil penalty to be imposed for knowing violations of OAR 839-017-0180 (Advertising Deemed False or Misleading), Advertising Deemed False or Misleading, shall be $100. In the case of two or more violations of the same advertising provision in 839-017-0180 (Advertising Deemed False or Misleading) that appears in the same publication on the same date, all such violations will be considered as one for purposes of computing the penalty.

(5)

The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-017-0277 (Criteria to Determine Civil Penalty to Be Imposed).

Source: Rule 839-017-0280 — Schedule of Civil Penalties to Be Imposed, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=839-017-0280.

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 839-017-0280’s source at or​.us