Current through Register Vol. 63, No. 3, March 1, 2024
(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 to
658.245 or OAR 839-017-0000 to
839-017-0477 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, OAR 839-017-0177 and
839-017-0178 -- $1,000;
(b)
Knowingly charging a fee in excess of the fee schedule published by the
employment agency in violation of ORS
658.155. -- $700;
(c) Knowingly charging a fee without a bona
fide job order in violation of ORS
658.165. -- $700;
(d) Knowingly referring an applicant for
employment without a bona fide job order in violation of ORS
658.165. -- $700;
(e) Knowingly failing to provide an applicant
for employment with a job referral document in violation of ORS
658.172 and OAR 839-017-0072 --
$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. -- $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. -- $500;
(h) Knowingly failing to comply with any
provision pertaining to refunds to applicants for employment in violation of
ORS 658.185. -- $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(4). --
$500;
(j) Knowingly permitting a
person of bad character to frequent or be employed by the agency in violation
of ORS 658.205(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(5). --
$500;
(l) Splitting a fee in
violation of ORS 658.205(7). --
$500;
(m) Charging a fee in
violation of ORS 658.205(8) and
658.205(9) --
$500;
(n) Requesting or accepting
an assignment of wages in violation of ORS
658.205(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, shall
be $100. In the case of 2 or more violations of the same advertising provision
in OAR 839-017-0180 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.
Stat. Auth.: ORS
658.210
Stats. Implemented: ORS
658.005 - ORS
658.245
