OAR 839-017-0004: Definitions Generally

As used in ORS 658.005 to 658.245 and in these rules unless the context requires otherwise: (1) "Advertising" means any material or means used by the employment agency for solicitation or promotion of business. This includes, but is not limited to, business cards, notices or announcements in newspapers, radio, television, brochures, pamphlets, gift items, and signs. It may also mean referral cards, invoices, letterheads, or other forms if such forms are used in combination with solicitation and promotion of business. (2) "Applicant for Employment" means an individual who is seeking or who has obtained employment through the services of an employment agency. (3) "Bureau" means the Bureau of Labor and Industries of the State of Oregon. (4) "Charge for Services" means any money or other consideration paid or promised to be paid by an applicant for employment for services rendered by an employment agency. (5) "Commissioner" means the Commissioner of the Bureau of Labor and Industries or the Commissioner's authorized deputies and officers. (6) "Employment listing service" means a business operated by a person that: (a) Provides lists of specified positions of employment available with an employer listing service or that holds itself out to individuals as able to provide information about specific positions of employment with an employer other than the employment listing service; (b) Charges an individual a fee for its services; and (c) Does not arrange or set up interviews between an individual and a prospective employer or otherwise intercede between an individual and a prospective employer but may offer limited counseling and employment-related services to an individual that includes, but is not limited to, personal grooming and appearance and interview preparation. (7) "Engaged in Procuring for a Fee, Employment for Others and Employees for Employers" as used in ORS 658.005(3) means all actions of an employment agency leading up to and including the placing of job applicants in employment with others, provided a charge for services is paid to the employment agency by an applicant. Such actions include but are not limited to: (a) Assisting an individual in completing the agency's application form or other documents detailing the individual's work experience and general qualifications for employment; (b) Interviewing an individual in connection with specific job openings or in connection with the agency's general practice and procedure for determining the experience and qualifications of an applicant for employment; (c) Referring individuals to prospective employers pursuant to job orders obtained from said employers; (d) Soliciting and obtaining job orders from employers; (e) Recruiting individuals to fill job orders obtained from employers; (f) Advertising for individuals to fill job orders obtained from employers; (g) Other activities that cause, acquire, gain, get or bring about the placement of individuals in employment. (8) "Fee Paid Position" means a position in which under no circumstances is the applicant for employment who is identified, appraised, referred, or recommended charged a deposit, retainer, fee or any other charge for services directly or indirectly at any time in connection with such position. (9) "Violation" means a transgression of any statute, rule or order, or any part thereof and includes both acts and omissions.