ORS 658.419
Proof of financial responsibility from agricultural associations and certain nonprofit corporations

  • right of action
  • manner of payment
  • rules

(1)

Notwithstanding the provisions of ORS 658.415 (Application for license) (3), (4), (9), (10) and (17), an agricultural association or a private nonprofit corporation described in ORS 658.410 (Labor contractor license requirement) (2)(f)(B) shall submit with the application for a license to act as a farm labor contractor and shall continually maintain thereafter, until excused, a corporate surety bond of a company licensed to do such business in Oregon, a cash deposit or a deposit the equivalent of cash, in a form approved by and payable to the Commissioner of the Bureau of Labor and Industries, in the amount of $30,000.

(2)

Any person who suffers any loss of wages from the employer of the person or any other loss due to activities of the agricultural association or the private nonprofit corporation as a farm labor contractor shall have a right of action against the surety upon the bond or against the deposit with the commissioner. The right of action is assignable and may not be included in any action against the agricultural association or the private nonprofit corporation but shall be exercised independently after first procuring adequate proof of liability as provided by the commissioner by rule.

(3)

The surety company or the commissioner shall make prompt and periodic payments on the agricultural association’s or the private nonprofit corporation’s liability up to the extent of the total sum of the bond or deposit. Payments shall be made in the following manner:

(a)

Payment based upon priority of wage claims over other liabilities;

(b)

Payment in full of all sums due to each person who presents adequate proof of the claim; and

(c)

If there are insufficient funds to pay in full the person next entitled to payment in full, payment in part to the person. [1999 c.628 §4; 2001 c.178 §2; 2017 c.676 §8]

Source: Section 658.419 — Proof of financial responsibility from agricultural associations and certain nonprofit corporations; right of action; manner of payment; rules, https://www.­oregonlegislature.­gov/bills_laws/ors/ors658.­html.

658.005
Definitions for ORS 658.005 to 658.245 658.008
Purpose 658.015
Exemptions from ORS 658.005 to 658.245 658.019
Rehabilitation services agency exemption 658.065
Employment agency business not to be conducted in certain places 658.075
Agency to file security 658.078
Record keeping 658.115
Civil penalties 658.125
Judicial review 658.145
Schedule of charges 658.155
Posting and furnishing schedule of charges 658.165
Order necessary before referral or charge to be made 658.168
Contract requirements 658.172
Job referral requirements 658.174
Contracts in violation of law prohibited 658.176
Fees and charges for services 658.185
Limitation on charges 658.195
Giving false information or making false representations 658.205
Prohibited agency employment activities 658.210
Rules 658.220
Injunctive relief for violation 658.245
Actions upon agency bonds or letters of credit 658.250
Employment listing service 658.405
Definitions for ORS 658.405 to 658.511 658.407
Administration and enforcement of ORS 658.405 to 658.511 658.410
Labor contractor license requirement 658.411
Licensing subject to employee indorsement 658.412
License examination 658.413
Fee schedule for licenses, indorsements and renewals 658.415
Application for license 658.416
Reduction of bond or deposit 658.417
Additional requirements for forestation activities 658.418
Exemption from certain requirements 658.419
Proof of financial responsibility from agricultural associations and certain nonprofit corporations 658.420
Investigation of applicant 658.425
Temporary permit pending issuance of license 658.427
Duty of commissioner to establish procedures for licensing of property services contractors 658.428
Rules must require property services contractors to provide professional training 658.430
Form of license 658.435
Expiration and renewal of licenses 658.437
Duties of labor contractors 658.440
Requirements for labor contractors 658.445
Revocation, suspension or refusal to renew license 658.450
Applicability of Administrative Procedures Act 658.452
Prohibitions relating to discharge of or discrimination against employee 658.453
Civil penalty 658.455
Disposition of moneys received 658.465
Liability of person using services of unlicensed labor contractor 658.467
Liability of member of agricultural association 658.475
Injunctive relief and damages for violation of ORS 658.405 to 658.511 658.480
Authority of commissioner to enter into reciprocal agreements 658.485
Transfer of funds collected under reciprocal agreements 658.487
Certain agreements void 658.489
Failure or refusal of labor contractor to pay claim 658.501
Application of ORS 658.405 to 658.511 658.503
Service of process when labor contractor unavailable 658.511
Wage claim against property services contractor or construction labor contractor 658.705
Definitions for ORS 658.705 to 658.850 658.715
Farmworker camp operator requirements 658.717
Notice of farmworker camp operations 658.720
Certain agreements void 658.730
Farm labor contractor indorsement to operate farmworker camp 658.735
Bond required 658.740
Revocation, suspension, refusal to issue or renew indorsement 658.750
Camp operator registration 658.755
Farmworker camp operator duties 658.760
Prohibited actions by operator 658.780
Protest of registration 658.785
Revocation or suspension of registration 658.790
Uninhabitable camp 658.800
Service of process on unregistered farmworker camp operator 658.805
Denial of right to court action in certain cases 658.810
Fees 658.815
Disposition of moneys 658.820
Rules 658.825
Determination of violation of other provisions required 658.827
Department to report violations 658.830
Interagency coordination agreement 658.850
Civil penalties 658.991
Criminal penalties
Green check means up to date. Up to date

Current through early 2024

§ 658.419’s source at oregon​.gov