Or. Admin. R. 839-014-0470 - Denying, Suspending, Revoking or Refusing to Renew or Issue a License Indorsement
(1) The
commissioner may deny, refuse to issue or renew, suspend or revoke a license
indorsement if:
(a) The conditions under which
the indorsement was issued have changed or no longer exist;
(b) The indorsee's character, competence or
reliability makes the indorsee unfit to act as a farm-worker camp operator;
or
(c) The applicant or operator
makes any material misrepresentation, false statement or willful concealment on
the application for a license.
(d)
The indorsee discharges, evicts or in any other manner discriminates against
any person in violation of ORS
658.760.
(2) The following actions of an indorsee
demonstrate that the indorsee's character, competence or reliability make the
licensee unfit to act as a farm-worker camp operator:
(a) Operation of a farm-worker camp without a
valid indorsement;
(b) Operation of
a farm-worker camp without a valid registration certificate when the contractor
is required to obtain and maintain a valid registration certificate;
(c) Failure to continually maintain the
appropriate bond and security behind the bond;
(d) Failing to comply with ORS
658.405 to
658.485;
(e) Failing to comply with building codes or
health and safety laws to the extent that an authority responsible for the
enforcement of such codes and laws has determined the farm-worker camp to be
unfit for inhabitation;
(f)
Violating any provision of ORS
658.755(2);
or
(g) Failing to provide lodging
as provided for in ORS
658.790.
(3) When an application is denied or an
indorsement is revoked or when the commissioner refuses to issue or renew an
indorsement the commissioner will not issue the applicant or indorsee an
indorsement for a period of three years from the date of the denial, refusal to
issue or renew or revocation of the indorsement.
(4) Notwithstanding section (3) of this rule,
the commissioner, for good cause shown, may issue an indorsement to a
farm-worker camp operator whose application has been previously denied or whose
indorsement was not issued, renewed or was revoked before the expiration of
three years, provided:
(a) The applicant or
indorsee submits a petition explaining each and every reason why the applicant
or indorsee should receive an indorsement; and
(b) The applicant or indorsee files a
completed application with the petition and pays the appropriate
fees.
(5) As used in
section (4) of this rule, "good cause" means an excusable mistake or a
circumstance beyond a person's control.
(6) The commissioner shall grant or deny the
petition referred to in section (5) of this rule, and in so doing shall
consider the following factors:
(a) The
magnitude and seriousness of the violation or violations which led to the
denial, refusal to issue or renew or revocation of the indorsement;
(b) The petitioner's past history in taking
all necessary measures to prevent or correct violations of statutes or
rules;
(c) The petitioner's other
prior violations of the statute or rules, if any;
(d) Other matters which indicate to the
commissioner that the petitioner is not likely to violate ORS
658.705 to
658.850 and these rules in the
future.
(7) Nothing in
this rule shall preclude the commissioner from imposing a civil penalty in lieu
of denying or refusing to issue or renew an application or in lieu of
suspension or revocation of an indorsement.
Notes
Stat. Auth.: ORS 164, ORS 165, ORS 651, ORS 658 & ORS 962
Stats. Implemented: ORS 658.705 - ORS 658.850
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