Or. Admin. R. 839-015-0520

Current through Register Vol. 63, No. 4, April 1, 2024

Section 839-015-0520 - Denying, Suspending, Revoking or Refusing to Renew License

(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.

Or. Admin. R. 839-015-0520

BL 6-1984, f. & ef. 4-27-84; BL 11-1988(Temp), f. & cert. ef. 6-17-88; BL 16-1988, f. & cert. ef. 12-13-88; BL 2-1996, f. & cert. ef. 1-9-96; BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01; 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; BLI 8-2023, minor correction filed 07/18/2023, effective 7/18/2023

Statutory/Other Authority: ORS 651 & ORS 658

Statutes/Other Implemented: ORS 658.405 - 658.503