ORS 658.165: Order necessary before referral or charge to be made; obtaining employment other than that ordered; disputes regarding fees.
Edition: 2025 EditionEffective: 2026-01-01Last verified: 2026-09-07
(1) No employment agency shall accept a charge for service from an individual seeking employment or refer an individual to an employer without having first obtained, orally or in writing, a bona fide order from an employer seeking help which is to be answered by the individual. (2) If an employment agency sends an applicant for employment and the applicant, within 90 days after the date of referral, secures employment other than that position specified in the bona fide order from the employer to which the applicant was sent, but with the same employer, the agency shall be entitled to a fee for the employment of the applicant, payable by the applicant, computed under the terms of the schedule of charges in effect in the agency at the time of referral. The expiration date of the referral shall be stated in the contract. (3) In disputes between employment agencies concerning the earning of a fee for placement of an applicant, the fee shall be earned by the agency responsible for the applicant being placed. A reasonable effort shall be made by the billing agency to determine that it is entitled to the fee. The applicant shall be responsible for only one full fee for any single placement, and this fact shall be stated in the contract. [1953 c.694 §16; 1961 c.380 §15; 1973 c.678 §14]
Administrative rules citing this section
- OAR 603-082-0010: Purpose — implements
- OAR 603-082-0020: Definitions — implements
- OAR 839-017-0004: Definitions Generally — implements
- OAR 839-017-0011: Contents of Contracts between Employment Agencies and Applicants for Employment — implements
- OAR 839-017-0012: Additional Requirements for Contracts between Employment Agencies and Applicants for Employment — implements
- OAR 839-017-0040: Fee Paid Positions — implements
- OAR 839-017-0051: Definitions for Job Order and Job Referral Document Rules — implements
- OAR 839-017-0052: Bona Fide Job Order Requirements — implements
- OAR 839-017-0053: When an Exploratory Job Order/Interview Is Considered to Be Given — implements
- OAR 839-017-0054: Identification by Agency to Employer and Accepting Fee Paid Orders — implements
- OAR 839-017-0060: Information Required to Be Contained in a Job Order — implements
- OAR 839-017-0070: Job Referral Documents — implements
- OAR 839-017-0101: Fee Earned by Agency Responsible for Placement — implements
- OAR 839-017-0102: Determination of Agency Entitled to Fee — implements
- OAR 839-017-0103: Definitions for the Purpose of Solving Interagency Disputes — implements
- OAR 839-017-0151: Interest, Fees, or Other Charges Allowed as Credits for Permanent Employment Lasting Less Than 90 Days — implements
- OAR 839-017-0152: Interest, Fees, and Other Charges May Be Prorated — implements
- OAR 839-017-0153: Agencies Required to Make Effort to Procure Necessary Information for Making Rebates — implements
- OAR 839-017-0180: Advertising Deemed False or Misleading — implements
- OAR 839-017-0272: Filing Claims Against Bonds or Letters of Credit Maintained by the Employment Agency; Time for Filing Claims — implements
- OAR 839-017-0274: Violations for Which a Civil Penalty May Be Imposed — implements
- OAR 839-017-0276: Definition of “Acting Knowingly” — implements
- OAR 839-017-0277: Criteria to Determine Civil Penalty to Be Imposed — implements
- OAR 839-017-0280: Schedule of Civil Penalties to Be Imposed — implements
- OAR 839-017-0376: Disputes Between Agencies and Their Employees — implements
- OAR 839-017-0500: Contracts Between Employment Listing Services and Individuals — implements
- OAR 839-017-0505: Fees Charged by Employment Listing Services — implements
- OAR 839-017-0510: Confirmation of Position Availability by Employment Listing Services — implements
- OAR 839-017-0515: Employment Listing Services Required to be Registered — implements
- OAR 839-017-0520: Employment Listing Service Fee Forfeiture Provisions — implements
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Official source: https://www.oregonlegislature.gov/bills_laws/ors/ors658.html