OAR 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 farmworker 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 farmworker camp operator: (a) Operation of a farmworker camp without a valid indorsement; (b) Operation of a farmworker 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 farmworker 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a farmworker camp operator whose application has been previously denied or whose indorsement was not issued, renewed or was revoked before the expiration of three years, provided: (a) The applicant or indorsee submits a petition explaining each and every reason why the applicant or indorsee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.