Or. Admin. Code § 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.
Notes
Statutory/Other Authority: ORS 179.040, 279A.050(6)(h) - (6)(i), 279A.065, 279A.070
Statutes/Other Implemented: 279A.065, 279A.070
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