Or. Admin. Code § 839-015-0140

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

Section 839-015-0140 - Licensing Requirements

To be eligible for a license, an applicant therefore must:

(1) Be of good character, competence and reliability.

(2) Be a person who has not, within the preceding three years, had an Oregon labor contractor's license application denied.

(3) Be a person who has not, within the preceding three years, in Oregon or in any other jurisdiction, had a labor contractor's license or indorsement denied, revoked or suspended.

(4) Not have persons financially interested in any capacity in the applicant's business as a labor contractor:

(a) Who were denied an Oregon labor contractor's license within the preceding three years or who had such license denied, revoked, or suspended within the preceding three years in Oregon or any other jurisdiction; or

(b) Who were financially interested in any capacity in an entity which was denied an Oregon labor contractor's license within the preceding three years or which had such license denied, revoked, or suspended within the preceding three years in Oregon or any other jurisdiction.

(c) A refusal to renew a license or grant a temporary permit because the applicant or any person financially interested in the applicant's business as a labor contractor has been denied a license or had a license revoked in Oregon or any other jurisdiction within the preceding three years is considered the same as the revocation of the license or permit on the date of its expiration.

(5) Not have any unsatisfied final judgments of the court or final orders issued by any government agency which require the payment of unpaid wages to employees or the payment of any advances made to the contractor by construction property owners, owners or property managers of property where janitorial services are or were to be performed, farmers or owners or lessees of land intended to be used for the production of timber.

(6) Declare any and all judgments or administrative orders of record relating to the conduct of the labor contractor's business in the last five years, including the jurisdiction or agency and current status.

(7) Pay the appropriate license fee.

(8) Except as provided in OAR 839-015-0141(2) or when otherwise exempt, show proof of financial ability to promptly pay the wages of employees and advances made by construction property owners, owners or property managers of property where janitorial services are or were to be performed, growers or producers of agricultural goods or owners or lessees of land intended for the production of timber in the form of a corporate surety bond or deposit with the commissioner.

(9) File a completed application form.

(10) Except as provided in OAR 839-015-0141(2), certify on the application that there is insurance on vehicles used to transport workers in an amount sufficient to comply with the Oregon Financial Responsibility Law (ORS 486.011 to 486.680).

(11) Except as provided in OAR 839-015-0141(2), show proof that worker's compensation insurance will be provided on each individual as required in ORS 658.415(2)(b) and 658.440(1)(j). If the applicant is relying on workers' compensation insurance coverage from a jurisdiction other than Oregon, the workers' compensation insurance coverage must satisfy Oregon's coverage requirements under ORS 656.

(12) In the case of a corporation, be authorized to do business in Oregon.

Or. Admin. Code § 839-015-0140

BL 6-1984, f. & ef. 4-27-84; BL 2-1996, f. & cert. ef. 1-9-96; BLI 40-2007, f. 12-28-07, cert. ef. 1-1-08; BLI 13-2014, f. 11-14-14. cert. ef. 7-1-15; BLI 4-2017, amend filed 11/30/2017, effective 1/1/2018; BLI 7-2018, temporary amend filed 03/13/2018, effective 03/13/2018 through 09/08/2018; BLI 19-2018, amend filed 09/12/2018, effective 9/14/2018

Statutory/Other Authority: ORS 651 & ORS 658

Statutes/Other Implemented: ORS 658.405 - 658.503