Or. Admin. Code § 471-020-0040

Current through Register Vol. 63, No. 11, November 1, 2024

Section 471-020-0040 - Discontinuation and Reinstatement of Services To An Employer

(1) The Employment Department may initiate discontinuance of service to an employer who:

(a) Refuses to alter or withdraw job listings containing specifications that are contrary to employment-related law;

(b) Refuses to provide assurances that the jobs offered (and not withdrawn) are in compliance with employment-related laws;

(c) Misrepresents the terms or conditions of employment, or fails to comply fully with assurances made on job listings;

(d) Is found by final determination of an enforcement agency to be in violation of an employment-related law and the Employment Department has been notified of this final determination;

(e) Has violated Employment Department regulations;

(f) Refuses to accept qualified workers referred through the Agricultural Recruitment System;

(g) Refuses to cooperate in the conduct of field checks resulting from referrals on Agricultural Recruitment System listings; or

(h) Repeatedly causes the field office to initiate discontinuation of service procedures.

(2) For employers who are alleged to have not complied with the terms of the temporary labor certification, the Employment Department shall notify the Department of Labor's Regional Administrator of the alleged non-compliance for investigation and pursuant to ¦ 655.210 consideration of ineligibility for subsequent temporary labor certification.

(3) If services are to be discontinued, a notification shall be sent to the employer. The notification may inform the employer of immediate denial of services pending investigation of allegations if, in the judgment of the Department, continuation of services during the investigation would cause substantial harm to a significant number of workers. In all other cases, the notification will inform the employer that services will be discontinued in twenty working days unless the employer:

(a) Provides sufficient evidence that contradicts the finding of a violation; or

(b) Provides assurances that future actions will be in compliance with the appropriate employment related laws.

(4) The notification from the Employment Department will state that the employer has the right to request a hearing before a hearing officer within the same twenty working days. The option to request a hearing is not available when stoppage of service is the result of final determination by an enforcement agency.

(5) The Employment Department may reinstate service to an employer:

(a) When the Department accepts the employer's presentation of:

(A) Evidence that the policies, procedures, or conditions that led to the discontinuation of services have been corrected and are not likely to recur; or

(B) Evidence that the employer has responded adequately to enforcement agency findings;

(b) Upon the order of an administrative law judge to reinstate service; or

(c) The employer is reinstated by order of the Department of Labor's Regional Administrator or Federal Administrative Law Judge following a hearing.

Or. Admin. Code § 471-020-0040

ED 3-2003, f. 2-14-03, cert. ef. 2-16-03; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04

Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610 & ORS 657.705 - ORS 657.725