Or. Admin. Code § 291-159-0090

Current through Register Vol. 63, No. 12, December 1, 2024

Section 291-159-0090 - Independent Contractor Status for Services Contracts

(1) DOC will Contract for Services with Persons who are Independent Contractors.

(2) DOC will develop a statement of work for Services that will not result in an employee relationship with the potential contractor.

(3) An Independent Contractor certification shall be completed for each Independent Contractor and will be included as a provision in each Contract.

(4) If the nature of the Services or project is such that an employee/employer relationship exists or will likely exist, DOC will hire the individual through normal personnel procedures.

(5) All Contracts shall include the Independent Contractor's legal name and address. The Contractor shall provide DOC its federal Employer Identification Number (EIN) or Social Security Number (SSN), as applicable.

(6) All Contracts shall provide that the Independent Contractor is responsible for federal Social Security, except those categories excluded by law, and for any federal or state taxes applicable to the Contract payment.

(7) Violation of this administrative rule may result in DOC withdrawing an intent to Award a Contract, or termination of an existing Contract.

Or. Admin. Code § 291-159-0090

DOC 12-2022, adopt filed 11/7/2022, effective 1/1/2023

Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070

Statutes/Other Implemented: 279A.065, 279A.070