The short answer is that all of the requirements apply, in the sense that none may be disregarded. Canvasser Services, Inc. v. Employment Dept., 163 Or. App. 270, 276, 987 P.2d 562 (1999), rev den 329 Or. 650 (2000). Some of the requirements, however, are by their terms conditional in application.

" Each standard is conclusive, not a factor to be weighed. Trabosh v. Washington County, 140 Or. App. 159, 163, 915 P.2d 1011 (1996). To overcome the department's determination that claimant was an employee, PacifiCab must prove that claimant met all of those standards.Travel Networkers, LLC v. Employment Dept., 175 Or. App. 502, 505, 30 P.3d 416 (2001); Canvasser Services, Inc. v. Employment Dept., 163 Or. App. 270, 272, 987 P.2d 562 (1999), rev den, 329 Or. 650 (2000). EAB found that PacifiCab failed to provide persuasive evidence that claimant was free from the direction and control of PacifiCab over the means and manner of her work, subject only to PacifiCab's right to specify desired results, ORS 670.600(1); that she had authority to hire and fire employees, ORS 670.600(4); that she was paid on completion of specific portions of her work, ORS 670.600(5); and that she represented to the public that her services were provided by an independently established business, ORS 670.600(8).

Yet Oregon employment law requires that petition circulators must be treated as employees rather than independent contractors; Measure 26 does not itself mandate such treatment. See Canvasser Services, Inc. v. Employment Dep't, 163 Or.App. 270, 987 P.2d 562, 568 (1999) (holding, under Oregon law, petition circulators are employees rather than independent contractors). The Voter Education Project ("VEP") bills itself as an "educational watchdog organization" organized to protect the integrity of the initiative system.

ORS 670.600 sets out eight factors to determine whether a person is an independent contractor for the purposes of unemployment taxes. Church at 295 S. 18th St. v. Employment Dept., 175 Or. App. 114, 119-20, 28 P.3d 1185 (2001) ; Canvasser Services, Inc. v. Employment Dept., 163 Or. App. 270, 274, 987 P.2d 562 (1999). To come within the independent contractor exception, Travel Networkers must prove that all applicable factors have been satisfied.