Or. Admin. Code § 259-007-0080 - Independent Contractor Status for Services Contracts

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

(2) DPSST 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 must be completed for each Independent Contractor and 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, DPSST will hire the individual through normal personnel procedures.

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

(6) All Contracts must 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 DPSST withdrawing an intent to Award a Contract, or termination of an existing Contract.

Notes

Or. Admin. Code § 259-007-0080

DPSST 7-2023, adopt filed 09/18/2023, effective 10/1/2023

Statutory/Other Authority: ORS 181A.410, ORS 279A.050, ORS 279A.065 & ORS 279A.070

Statutes/Other Implemented: ORS 279A.065 & ORS 279A.070