(2) All bonds or deposits filed under this section shall be executed to cover liability for the period for which the indorsement is issued. During the period for which executed, no bond can be canceled or otherwise terminated.
(3) Any person who suffers any loss specified in subsection (9) of this section shall have a right of action in the name of the person against the surety upon the bond or against the deposit with the commissioner:
(a) The right of action is assignable and must be included with the claim, or of a judgment thereon.
(b) The right of action shall not be included in any suit or action against the farmworker camp operator but must be exercised independently after first procuring a judgment or other form of adequate proof of liability established by rule establishing the farmworker camp operator’s liability for the claim.
(4) The surety company or the commissioner shall make prompt and periodic payments on the farmworker camp operator’s liability up to the extent of the total sum of the bond or deposit. Payments shall be made in the following manner:
(a) Payment shall be made based upon priority of wage claims over any other claims.
(b) Payment shall be made in full of all sums due to each person who presents adequate proof of the claim.
(c) If there are insufficient funds to pay in full the person next entitled to payment in full, such person will be paid in part.
(5) No person shall bring any suit or action against the surety company or the commissioner on the bonding obligation or as trustee for the beneficiaries of the indorsee under any deposit made pursuant to this section unless the person has first exhausted the procedures contained in subsections (3) and (6) of this section and contends that the surety company or the commissioner still has funds which are applicable to the person’s judgment or acknowledgment.
(6) All claims against the bond or deposit shall be unenforceable unless request for payment of a judgment or other form of adequate proof of liability or a notice of the claim has been made by certified mail to the surety company or the commissioner within six months from the end of the period for which the bond or deposit was executed and made.
(7) If the commissioner has received no notice as provided in subsection (6) of this section within six months after a farm labor contractor is no longer required to provide and maintain a surety bond or deposit, the commissioner shall terminate and surrender any bond or any deposit under the control of the commissioner to the person who is entitled thereto upon receiving appropriate proof of such entitlement.
(8) Every indorsee required by this section to furnish a surety bond, or make a deposit in lieu thereof, shall keep conspicuously posted in an exterior area of the camp which is open to all employees and in a manner easily visible to occupants of and visitors to the camp, a notice in both English and any other language used by the indorsee to communicate with workers specifying the indorsee’s compliance with the requirements of this section and specifying the name and Oregon address of the surety on the bond or a notice that a deposit in lieu of the bond has been made with the commissioner, together with the address of the commissioner.
(9) The bond or deposit referred to in subsection (1) of this section shall be payable to the commissioner and shall be conditioned upon:
(a) All sums legally owing to any person when the indorsee or the indorsee’s agents have received such sums;
(b) All damages occasioned to any person by reason of any material misrepresentation, fraud, deceit or other unlawful act or omission by the indorsee, or the indorsee’s agents or employees acting within the scope of their employment; and
(c) All sums legally owing to any employee of the indorsee. [1989 c.962 §5; 1993 c.723 §2; 2003 c.576 §535]
Structure 2021 Oregon Revised Statutes
Volume : 16 - Trade Practices, Labor and Employment
Section 658.005 - Definitions for ORS 658.005 to 658.245.
Section 658.015 - Exemptions from ORS 658.005 to 658.245.
Section 658.019 - Rehabilitation services agency exemption.
Section 658.065 - Employment agency business not to be conducted in certain places.
Section 658.075 - Agency to file security.
Section 658.078 - Record keeping.
Section 658.115 - Civil penalties.
Section 658.145 - Schedule of charges.
Section 658.168 - Contract requirements.
Section 658.172 - Job referral requirements.
Section 658.185 - Limitation on charges; manner of calculating certain charges; credits and refunds.
Section 658.195 - Giving false information or making false representations; advertisements.
Section 658.205 - Prohibited agency employment activities.
Section 658.220 - Injunctive relief for violation; authority of commissioner.
Section 658.250 - Employment listing service; rules.
Section 658.405 - Definitions for ORS 658.405 to 658.511.
Section 658.407 - Administration and enforcement of ORS 658.405 to 658.511; rules.
Section 658.410 - Labor contractor license requirement; issuance; rules.
Section 658.411 - Licensing subject to employee indorsement; terms and conditions.
Section 658.412 - License examination; rules.
Section 658.413 - Fee schedule for licenses, indorsements and renewals; rules.
Section 658.416 - Reduction of bond or deposit; conditions.
Section 658.417 - Additional requirements for forestation activities.
Section 658.418 - Exemption from certain requirements.
Section 658.430 - Form of license.
Section 658.435 - Expiration and renewal of licenses; exception.
Section 658.437 - Duties of labor contractors; duties of person to whom workers provided.
Section 658.440 - Requirements for labor contractors; prohibitions.
Section 658.445 - Revocation, suspension or refusal to renew license.
Section 658.450 - Applicability of Administrative Procedures Act.
Section 658.452 - Prohibitions relating to discharge of or discrimination against employee.
Section 658.453 - Civil penalty; disposition of funds; civil action by worker.
Section 658.501 - Application of ORS 658.405 to 658.511.
Section 658.503 - Service of process when labor contractor unavailable.
Section 658.705 - Definitions for ORS 658.705 to 658.850.
Section 658.715 - Farmworker camp operator requirements.
Section 658.717 - Notice of farmworker camp operations.
Section 658.735 - Bond required; claim on bond; procedures; rules.
Section 658.740 - Revocation, suspension, refusal to issue or renew indorsement.
Section 658.750 - Camp operator registration; procedures; rules.
Section 658.755 - Farmworker camp operator duties; prohibitions.
Section 658.760 - Prohibited actions by operator; burden of proof.
Section 658.785 - Revocation or suspension of registration.
Section 658.790 - Uninhabitable camp.
Section 658.800 - Service of process on unregistered farmworker camp operator.
Section 658.805 - Denial of right to court action in certain cases; injunction; attorney fees.
Section 658.815 - Disposition of moneys.
Section 658.820 - Rules; proceedings.