Or. Admin. Code § 731-146-0025

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

Section 731-146-0025 - Independent Contractor Status For Services Contracts

(1) ODOT must develop a statement of work for services that will not result in an employee relationship with the potential Contractor.

(2) An independent contractor certification by Contractors must be included as a contract provision in each contract.

(3) If the nature of the services or project is such that an employee/employer relationship will exist, ODOT must hire the individual through normal personnel procedures.

(4) The Contract must include the Contractor's legal name and address. The Contractor must provide its federal Employer Identification Number or Social Security Number to ODOT.

(5) The Contract must provide that the 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.

(6) Failure to comply with subsections (1) through (6) of this section may result in withdrawal of intent to award or termination of the Contract.

Or. Admin. Code § 731-146-0025

DOT 3-2005(Temp), f. 2-16-05, cert. ef. 3-1-05 thru 8-27-05; DOT 5-2005, f. & cert. ef. 8-23-05; DOT 4-2011, f. 12-22-11, cert. ef. 1-1-12; DOT 1-2019, amend filed 02/21/2019, effective 2/21/2019

Statutory/Other Authority: ORS 184.619, 279A.065(6)(a) & 279A.070

Statutes/Other Implemented: ORS 279A.050(3)