Chapter 406 Oregon Laws 2003
AN ACT
SB 341
Relating to employment agencies; creating new provisions; amending ORS 658.005, 658.115 and 658.991; and declaring an emergency.
Be It Enacted by the People of the State of
Oregon:
SECTION 1. ORS 658.005 is amended to read:
658.005. As used in ORS 658.005 to 658.245, unless the context requires otherwise:
(1) “Applicant for employment” or “applicant” means an individual who is seeking or who has obtained employment through the services of an employment agency.
(2) “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.
(3) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.
[(3)] (4)(a) “Employment agency” or “agency” means a business, service, bureau or club operated by a person, firm, organization, limited liability company or corporation engaged in procuring for a fee, employment for others and employees for employers.
[(4)] (b) “Employment agency” or “agency” does not include:
[(a)] (A) A nursing school, business school or career school that does not charge a fee for placement.
[(b)] (B) Any business, person, service, bureau, organization or club that by advertisement or otherwise offers as its main object or purpose to counsel, teach or prepare individuals to obtain employment, and which charges for its services, whether in the form of dues, tuition, membership fees, registration fees or any other valuable service.
[(c)] (C) Any business, service, bureau or club operated by a person[, firm, organization, limited liability company or corporation] engaged in procuring employment for others when the charges for services are paid, directly or indirectly, by anyone other than the applicant for employment.
(D) An employment listing service, as defined in section 2 of this 2003 Act.
[(5) “Commissioner” means the Commissioner of the Bureau of Labor and Industries.]
SECTION
2. (1) As used in this section,
“employment listing service” means a business operated by a person that:
(a)
Provides lists of specified positions of employment available with an employer
other than the employment 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.
(2)
A person who operates an employment listing service in this state shall provide
to an individual a copy of:
(a)
The fee schedule that the employment listing service charges an individual for
its services;
(b)
All contracts entered into between the employment listing service and the
individual; and
(c)
Any changes in the fees that the employment listing service charges an
individual who uses its services.
(3)
The Commissioner of the Bureau of Labor and Industries shall adopt rules
relating to:
(a)
The terms of contracts that an employment listing service requires an
individual who uses its services to sign;
(b)
Fees charged by an employment listing service for its services; and
(c)
The methods that an employment listing service uses to confirm and keep current
the lists of specified positions of employment available with an employer that
the employment listing service provides to individuals.
(4) In addition to the penalties provided under ORS 658.115 and 658.991, an employment listing service shall forfeit any fees received as a result of a violation of any provision of subsection (2) of this section.
SECTION 3. ORS 658.115 is amended to read:
658.115. (1) In addition to any other penalty provided by law, the Commissioner of the Bureau of Labor and Industries may assess a civil penalty not to exceed $2,000 against any person, firm, organization, limited liability company or corporation that has violated any provisions of ORS 658.005 to 658.245 or section 2 of this 2003 Act or the rules adopted pursuant thereto.
(2) Civil penalties under this section shall be imposed as provided in ORS 183.090.
(3) All penalties recovered under this section shall be paid into the State Treasury and credited to the General Fund and are available for general governmental expenses.
SECTION 4. ORS 658.991 is amended to read:
658.991. (1) Violation of ORS 658.005 to 658.245 or section 2 of this 2003 Act is punishable, upon conviction, by a fine of not more than $250 or by imprisonment in the county jail for not more than 60 days, or by both.
(2) Violation of ORS 658.452 is a Class A misdemeanor.
(3) Any person who intentionally defaces, alters or changes a license or permit to act as a farm labor contractor, or who uses the license or permit of another or knowingly permits that person’s license or permit to be used by another, or who acts as a farm labor contractor without a valid license or permit under ORS 658.405 to 658.503, is guilty of a Class A misdemeanor.
(4) Any person who willfully swears or affirms falsely under ORS 658.415 (1), (2) or (3) in regard to any matter concerning which an oath or affirmation is required, or who solicits or induces another person to do so, whether or not the matter sworn to or affirmed is material, is guilty of a Class A misdemeanor.
(5) Violation of ORS 658.440 (1)(f), (g) or (h), (2)(c) or (3)(a), (b), (c), (e), (f) or (g) is a Class C misdemeanor.
(6) Any person who violates the provisions of ORS 658.410 (1) or 658.417 (1) is guilty of a Class C felony if:
(a) The person has previously been convicted of violating the provisions of ORS 658.410 (1) or 658.417 (1);
(b) The person’s license to act as a farm labor contractor has been suspended, revoked or denied; or
(c) The person is acting in violation of an outstanding order of any court of competent jurisdiction arising out of the enforcement of ORS 658.405 to 658.503.
SECTION 5. Section 2 of this 2003 Act and the amendments to ORS 658.005, 658.115 and 658.991 by sections 1, 3 and 4 of this 2003 Act become operative on January 1, 2004.
SECTION 6. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.
Approved by the Governor June 17, 2003
Filed in the office of Secretary of State June 18, 2003
Effective date July 1, 2003
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