1. (1) Except as provided in section (3) or (4) of this rule, the amount of the bond or deposit referred to in OAR 839-015-0157 and 839-015-0200 shall be based on the maximum number of employees employed at any one time during the license term. The bond or deposit shall be:

   1. (a) $10,000 if the contractor employs no more than 20 employees; or
   2. (b) $30,000, or such lesser sum as may be authorized by the commissioner pursuant to ORS 658.416 and OAR 839-015-0230. The bond and any financial instrument shall be in the principal sum of the amount required by this rule. The amount of the bond or deposit must be continually maintained as long as the contractor is required to be licensed under ORS 658.405 to 658.475.
2. (2) When a licensee or holder of a temporary permit employs more than the maximum number of employees covered by the bond or deposit in section (1)(a) of this rule, the licensee or permit holder shall immediately increase the amount of the bond or deposit to the amount required by section (1)(b) of this rule. The licensee or permit holder shall also immediately notify the License Unit of the Wage and Hour Division.
3. (3) Notwithstanding the provisions of ORS 658.415(3), (4), (8), (9), and (16), an agricultural association or private nonprofit corporation described in ORS 658.410(2)(f)(B) shall submit and continually maintain, until excused, a corporate surety bond of a company licensed to do such business in Oregon, a cash deposit or a deposit the equivalent of cash. This bond or deposit shall be in the amount of $30,000 and in a form approved by and payable to the Commissioner of the Bureau of Labor and Industries.

4. (4) A property services contractor is not required to file proof of financial ability under this section if:

   1. (a) The property services contractor provides with any application for a labor contractor license and continually maintains thereafter proof of general liability insurance coverage in the amount of $1,000,000; and
   2. (b) The commissioner finds that the property services contractor, within the preceding two years, has not violated ORS chapter 652 or 653 or committed an unlawful employment practice under ORS chapter 659A or the rules thereunder.

5. (5) When an applicant for a license has been required to satisfy a court-ordered judgment or a final order issued by a governmental agency, the commissioner or the commissioner's designee may require the applicant to provide a bond or deposit of up to three times the amount required by section (1) of this rule as a condition of licensure. In such case, the commissioner or commissioner's designee will determine the actual amount of the bond or deposit by considering the following factors:

   1. (a) The amount of the judgment or order that was satisfied;
   2. (b) The magnitude and seriousness of the violation or violations which lead to the judgment or order;
   3. (c) The past history of the applicant in taking all necessary measures to prevent or correct violations of statutes or rules;
   4. (d) Prior violations, if any, of statutes or rules;
   5. (e) Other matters which indicate to the commissioner or commissioner's designee whether or not the applicant is likely to violate ORS 658.415(3) in the future.

Statutory/Other Authority

ORS 658.407(3), 658.415(14) & 658.820

Statutes/Other Implemented

ORS 658.405 - 658.503

History

BLI 4-2017, amend filed 11/30/2017, effective 01/01/2018
BLI 12-2001, f. 8-31-01, cert. ef. 9-1-01
BLI 7-2000, f. & cert. ef. 2-23-00
BL 2-1996, f. & cert. ef. 1-9-96
BL 1-1994, f. & cert. ef. 5-3-94
BL 11-1993(Temp), f. 10-29-93, cert. ef. 11-3-93
BL 3-1990, f. & cert. ef. 3-1-90
BL 6-1984, f. & ef. 4-27-84