OAR 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 farmworker camp without first having obtained a farm labor contractor’s license in violation of ORS 658.715; (2) Operating a farmworker camp without first having obtained an indorsement to do so in violation of ORS 658.715; (3) Operating a farmworker 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 659A.250 to 659A.262 (access to farmworker 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 farmworker 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 farmworker 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 farmworker 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.