Or. Admin. R. 839-015-0141

Current through Register Vol. 63, No. 8, August 1, 2024

Section 839-015-0141 - Licensing Requirements for Employees of Contractor/ Indorsements

(1) The employee of a labor contractor who is licensed under ORS 658.405 to 658.503 may be licensed as a labor contractor subject to an employee indorsement if the employee continuously meets all of the following conditions:

(a) The employee's employer has filed with the Commissioner of the Bureau of Labor and Industries a signed statement, in a form required by the commissioner, agreeing to sponsor the application and to notify the commissioner promptly upon termination of the employment of the employee;

(b) The employee engages in activities that would require licensing as a labor contractor solely on behalf of the employer;

(c) The employee does not personally employ any workers and is not responsible for paying any workers;

(d) The employer maintains proof of financial responsibility pursuant to ORS 658.415(3);

(e) The employer's license remains in good standing;

(f) The employee meets all of the conditions for licensing as a labor contractor provided for in OAR 839-015-0140; and

(g) The employee is not otherwise licensed in any manner as a labor contractor under these rules.

(2) A labor contractor subject to an employee indorsement acting in compliance with section (1) of this rule need not comply with OAR 839-015-0140(8), (10) and (11) insofar as the employer has complied with these provisions.

(3) The license of a labor contractor subject to the employee indorsement shall state on its face the conditions contained in this rule and shall state further that the bearer of the license is licensed to act only as conditioned by this rule.

(4) The license of a labor contractor subject to an employee indorsement shall terminate immediately upon the termination of the employment relationship with the employer who sponsored the employee's application. The employee shall submit the license to the bureau forthwith.

(5) A license subject to an employee indorsement may be terminated either by the employee or by the sponsoring employer by notifying the bureau in writing that either wishes to terminate the license or that the conditions specified in section (1) of this rule are no longer met.

(6) The license subject to an employee indorsement terminates upon receipt by the bureau of notice referred to in section (5). The employer's joint and several liability for actions taken by the employee under color of the employee's license pursuant to ORS 658.411(4) extends to any actions taken by the employee before the original license is surrendered to the bureau.

Or. Admin. R. 839-015-0141

BL 2-1996, f. & cert. ef. 1-9-96; BLI 13-2008(Temp), f. 5-2-08, cert. ef. 5-5-08 thru 11-1-08; BLI 18-2008, f. & cert. ef. 6-23-08; 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 & 658.411

Statutes/Other Implemented: ORS 658.405 - 658.503