Or. Admin. R. 839-014-0420 - Violations for Which a Civil Penalty May be Imposed
Pursuant to ORS 658.850, the commissioner may impose a civil penalty for any of the following violations:
(1) Operating a farm-worker camp without
first having obtained a farm labor contractor's license in violation of ORS
658.715;
(2) Operating a farm-worker camp without
first having obtained an indorsement to do so in violation of ORS
658.715;
(3) Operating a farm-worker camp which is not
registered with the Department of Consumer and Business Services in violation
of ORS 658.755(2)(a);
(4) Failing to post the indorsement in
violation of ORS 658.730(2);
(5) Failing to continually maintain a bond
and security behind the bond in violation of ORS
658.735;
(6) Failing to post a notice of compliance
with ORS 658.735, in violation of ORS
658.735(8);
(7) Failing to comply with the following
provisions of ORS 658.755(1), as
follows:
(a) ORS
658.405 to
658.485; or
(b) ORS Chapter 654 and the rules adopted
thereunder, provided the division has determined that there has been a failure
to comply with said statute and rules; or
(c) All applicable building codes and health
and safety codes; or
(d) ORS
659.280 to
659.295 (access to farm-worker
camps); or
(e) Pay or distribute
promptly, when due, to individuals entitled thereto, money or other things of
value as required by ORS
658.755(1)(e);
or
(f) The terms and provisions of
all legal and valid contracts or agreements as required by ORS
658.755(1)(f);
or
(8) Willfully making
or causing to be made to any person any false, fraudulent or misleading
representation concerning the terms and conditions of occupancy in the
farm-worker camp in violation of ORS
658.755(2)(c);
(9) Making any material misrepresentation,
false statement or willful concealment in the application for an indorsement in
violation of ORS 658.755(2)(b);
(10) Knowingly publishing or
circulating any false or misleading information concerning the terms,
conditions or existence of housing at any place in violation of ORS
658.755(2)(d);
(11) Knowingly publishing or circulating any
false or misleading information concerning the terms conditions or existence of
employment at any place in violation of ORS
658.755(2)(d);
(12) Assisting a person who is not entitled
to operate a farm-worker camp without a farm labor contractor's license with an
indorsement as required by ORS
658.715 to act in violation of
any of the following statutes, in violation of ORS
658.755(2)(e):
(a) ORS
658.705 to
658.850; or
(b) ORS
658.405 to
658.485; or
(c) ORS Chapter 654 when a violation has been
determined by the division in violation of ORS
658.755(2)(e).
(13) By force, intimidation or threat in any
manner whatsoever, inducing any occupant of the farm-worker camp to give up any
part of the compensation the occupant is entitled to by contract or by any
state or federal wage payment law in violation of ORS
658.755(2)(f);
(14) By force, intimidation or threat in any
manner whatsoever, restraining any person who wishes to leave the camp from
doing so in violation of ORS
658.755(2)(g);
(15) Discharging, evicting or in any other
manner discriminating against any person in violation of ORS
658.760; and
(16) Failing to provide housing, without
charge, when required by ORS
658.790, pursuant to the
provisions of said law.
Notes
Stat. Auth.: ORS 658.407(3), ORS 658.415(14) & ORS 658.820
Stats. Implemented: ORS 658.705 - ORS 658.850
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