OAR 839-017-0300
Waiver from Requirement to Use Word “Agency” or “Agencies” as Part of Name of Employment Agency
(1)
Employment agencies desiring to apply for a waiver from the use of the word “agency” or “agencies” as required by ORS 658.195 (Giving false information or making false representations)(4) may do so by submitting an application to the Bureau of Labor and Industries.(2)
Applications for a waiver will be in writing and on forms provided by the Bureau of Labor and Industries. All completed applications will be mailed or delivered to the Licensing Unit, Wage and Hour Division, Bureau of Labor and Industries, 800 NE Oregon #32, Portland, Oregon, 97232.(3)
Applicants for waivers must clearly and concisely state each and every situation and each and every reason for desiring not to use the word “agency” or “agencies.” All such reasons must be in writing and appear on the application form or attachments thereto.(4)
When granting or denying an application for a waiver, the Commissioner or the Commissioner’s designated representative, will consider the following circumstances:(a)
Whether the name of the agency will convey to the public that an employment agency rather than an employer is involved when the word “agency” or “agencies” is not used;(b)
Whether descriptive language proposed to be used by the agency in conjunction with its licensed name will convey to the public that an employment agency rather than an employer is involved when the word “agency” or “agencies” is not used;(c)
Whether advertising materials are directed toward the public or employers;(d)
Whether signs are used primarily for identification purposes rather than advertising;(e)
Whether forms used by the agency are internal in nature and not normally seen by the applicant for employment;(f)
Other situations and circumstances as may be appropriate.(5)
The Commissioner or the Commissioner’s designated representative, will consider any and all the circumstances set forth in section (4) of this rule when granting or denying an application.(6)
The Commissioner or the Commissioner’s designated representative will specify each and every reason for denying an application and each and every condition on approval of the application, if any.
Source:
Rule 839-017-0300 — Waiver from Requirement to Use Word "Agency" or "Agencies" as Part of Name of Employment Agency, https://secure.sos.state.or.us/oard/view.action?ruleNumber=839-017-0300
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