In order to make a reasonable effort to determine the agency entitled to the fee, the following rules shall be followed:

1. (1) When two agencies have referred the applicant for employment to the same position, the agency entitled to the fee shall be the agency that:

   1. (a) First established a scheduled appointment between the applicant for employment and employer for the specific position which the applicant subsequently accepted and started work;

      EXAMPLE: On Monday, agency “A” arranges an appointment for an applicant with an employer for Wednesday morning. Agency “B” arranges an appointment for the same applicant for the same job opening on Tuesday morning for Tuesday afternoon. If the applicant accepts the position and starts work, Agency “A” is entitled to the fee.

   2. (b) Records accurately the time and date of the making, by agency personnel, of the appointment for interview;

      EXAMPLE: Agency personnel record that they called employer at 9:06 a.m., October 18th and scheduled interview for applicant.

   3. (c) And, as soon as possible after the appointment is established, advises the applicant for employment by complying with the job referral document requirements.

2. (2) Resume’ Mailing. The resume’ must indicate clearly the name and address of the referring agency. When a resume’ is mailed by the agency to the employer, the agency is entitled to the fee when:

   1. (a) The agency contacts the applicant for employment immediately and advises the applicant of the name of the employer to whom the resume’ was mailed, and, the employer gives or has given the agency a bona fide job order and the agency first establishes a scheduled appointment with the applicant and complies with job referral document requirements;
   2. (b) Or the employer, as the result of the mailing, contacts the applicant for employment directly, arranges the first scheduled appointment and gives the agency a bona fide job order and the agency complies with job referral document requirements;
   3. (c) And as a result of the job interview, the applicant accepts a specific position and starts work.

Statutory/Other Authority

ORS 658.210

Statutes/Other Implemented

ORS 658.165

History

BL 8-1988, f. & cert. ef. 5-16-88
BL 200, f. 11-1-77, ef. 11-15-77
BL 157, f. 2-20-74, ef. 3-15-74
BL 156(Temp), f. 2-20-74, ef. 3-1-74
BL 150(Temp), f. 12-13-73, ef. 12-15-73