Current through Register Vol. 63, No. 9, September 1, 2024
(1) The following
violations are considered to be of such magnitude and seriousness that the
Commissioner may propose to deny or refuse to renew a license application or to
suspend or revoke a license:
(a) Making a
misrepresentation, false statement or certification or willfully concealing
information on the license application;
(b) Causing an existing contract of
employment to be violated;
(c)
Knowingly employing a noncitizen not legally present or legally employable in
the United States;
(d) Assisting an
unlicensed person to act as a labor contractor;
(e) In any way inducing an employee or
subcontractor of the contractor to give up any part of the compensation to
which the employee or subcontractor is entitled under a contract or under
federal or state wage laws;
(f)
Discharging or discriminating in any way against an employee in violation of
ORS 658.452;
(g) Intentionally altering a license or
permit, or using the license or permit of another;
(h) Knowingly permitting another to use the
licensee's license or permit;
(i)
Acting as a labor contractor without a license;
(2) In addition to the reasons listed in (1)
of this rule, in the case of property services contractors the following
violations are also considered to be of such magnitude and seriousness that the
commissioner may propose to deny or refuse to renew a license application or to
suspend or revoke a license:
(a) Failing to
provide information on the total number of workers the property services
contractor employs in janitorial services, the work locations at which
janitorial services are provided by the property services contractor, or any
demographic data that is voluntarily provided by workers; or
(b) Failing to provide professional training
to managers, supervisors and workers the property services contractor employs
in janitorial services as required by ORS
658.428 and OAR
839-015-0380.
(3) When the applicant for a license or a
licensee demonstrates that the applicant's or licensee's character, reliability
or competence makes the applicant or licensee unfit to act as a labor
contractor, the Wage and Hour Division shall propose that the license
application be denied or license of the licensee be suspended, revoked or not
renewed.
(4) The following actions
of a labor contractor license applicant or licensee or an agent of the license
applicant or licensee demonstrate that the applicant's or the licensee's
character, reliability or competence make the applicant or licensee unfit to
act as a labor contractor:
(a) Violations of
any section of ORS 658.405 to
658.485;
(b) Conviction of a felony in connection with
the applicant's or licensee's business operations as a labor
contractor;
(c) Willful violation
of the terms and conditions of any work agreement or contract;
(d) Failure to comply with federal, state or
local laws or ordinances relating to the payment of wages, income taxes, social
security taxes, unemployment compensation tax or any tax, fee or assessment of
any sort;
(e) Knowing failure or
refusal to seek food, water, shelter, or medical attention, or to provide any
other necessary goods or services required by law for the safety and health of
workers;
(f) Repeated failure to
file or furnish all forms and other information required by ORS
658.405 to
658.503 or these
rules;
(g) Failure to report any
change in the circumstances under which the license was issued, including the
failure to notify the Bureau of any change in the permanent or temporary
address of the applicant or licensee;
(h) Willful misrepresentation, false
statement or concealment in the application for a license;
(i) Willfully making or causing to be made to
any person any false, fraudulent or misleading representation, or publishing or
circulating any false, fraudulent or misleading information concerning the
terms, conditions or existence of employment at any place or by any
person;
(j) Failure to provide
workers compensation coverage for each worker or to make worker's compensation
insurance premium payments when due;
(k) Employing or using an agent who has had a
labor contractor license denied, suspended, revoked or not renewed or who has
otherwise violated ORS
658.405 to
658.503;
(l) Failure to maintain the bond or cash
deposit as required by ORS
658.405 to
658.503 or these
rules;
(m) A course of misconduct
in relations with workers, farmers and others with whom the person conducts
business;
(n) Failure to pay all
debts owed, including advances and wages, in a timely manner;
(o) Failure to promptly satisfy any or all
judgments levied against the applicant/licensee;
(p) Conduct of the applicant/licensee
resulting in the inability to obtain a bond.
(5) When a labor contractor's license
application is denied or a license is revoked or when the commissioner refuses
to renew a license, the commissioner will not issue the applicant or licensee a
license for a period of three (3) years from the date of the denial, refusal to
renew or revocation of the license.
(6) Notwithstanding section (5) of this rule,
the commissioner, for good cause shown, may issue a license to a contractor
whose application has been previously denied or whose license was not renewed
or was revoked before the expiration of three years, provided:
(a) The contractor submits a petition
explaining each and every reason why the contractor should be
licensed;
(b) The contractor files
a completed application with the petition and pays the appropriate
fees.
(7) As used in
section (5) of this rule, "good cause" means an excusable mistake or a
circumstance beyond a person's control.
(8) The commissioner shall grant or deny the
petition referred to in section (5) of this rule and in so doing shall consider
the following factors:
(a) The magnitude and
seriousness of the violation or violations which led to the denial, refusal to
renew or revocation of the license;
(b) The petitioner's past history in taking
all necessary measures to prevent or correct violations of statutes or
rules;
(c) The petitioner's other
prior violations of the statute or rules, if any;
(d) Other matters which indicate to the
commissioner whether or not the petitioner is likely to violate ORS
658.405 to
658.475 and these rules in the
future.
(9) Nothing in
this rule shall preclude the commissioner from imposing a civil penalty in lieu
of denying or refusing to renew a license application or in lieu of suspension
or revocation of a license.
Statutory/Other Authority: ORS 651 & ORS 658
Statutes/Other Implemented: ORS
658.405 -
658.503
