OAR Chapter 471 — Employment Department

Division 7 CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES

Or. Admin. R. 471-007-0200 Statement of Purpose and Statutory Authority

Purpose. These rules control the Department’s acquisition of information about a subject individual’s criminal history through criminal records checks or other means and its use of that information to determine whether the subject individual (SI) is fit to provide services to the Department as an employee, contractor, subcontractor, vendor or volunteer in a position or assignment covered by ORS 181A.200.

History

Statutory/Other Authority: ORS 181A.195 & 181A.200
Statutes/Other Implemented: ORS 181A.195
ED 3-2017, f. & cert. ef. 4-5-17
ED 1-2010, f. 1-29-10, cert. ef. 1-31-10
ED 4-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10

Or. Admin. R. 471-007-0210 Definitions

(1) “Authorized Designee” means a Department employee authorized to obtain and/or review criminal offender information and other records about a subject individual through criminal records checks and other means, and to conduct a fitness determination in accordance with these rules.

(2) "Department" means the Oregon Employment Department (OED) or any subdivision thereof.

(3) "Family Member" means a spouse, domestic partner, natural parent, foster parent, adoptive parent, stepparent, child, foster child, adopted child, stepchild, sibling, stepbrother, stepsister, father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law, sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first cousin.

(4) “Subject Individual” means an individual identified in ORS 181A.200 as someone from whom the Department may require fingerprints for the purpose of conducting a criminal records check.

(5) See OAR 125-007-0210 for additional definitions.

History

Statutory/Other Authority: ORS 181A.195, 181A.200 184.340 & 184.365
Statutes/Other Implemented: ORS 181A.195
ED 3-2017, f. & cert. ef. 4-5-17
ED 1-2010, f. 1-29-10, cert. ef. 1-31-10
ED 4-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10

Or. Admin. R. 471-007-0285 Agency Representation

The Director shall designate an authorized representative of the department to participate in hearings conducted pursuant to OAR 125-007-0270.

History

Statutory/Other Authority: ORS 181A.195 & 657.610
Statutes/Other Implemented: ORS 181A.195
ED 3-2017, f. & cert. ef. 4-5-17
ED 1-2010, f. 1-29-10, cert. ef. 1-31-10
ED 4-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10

Or. Admin. R. 471-007-0300 Authorized Designees

(1) Appointment.

(a) The Department Director or the Director’s designee shall designate positions within the Department as including the responsibilities of an authorized designee.

(b) Appointment to one of the designated positions shall be contingent upon an individual being approved under the Department’s criminal records check and fitness determination process.

(2) The Department Director and Deputy Director may also serve as authorized designees, contingent on being approved under the Department’s criminal records check and fitness determination process.

(3) Conflict of Interests. An authorized designee shall not participate in a fitness determination or review any information associated with a fitness determination for a subject individual if either of the following is true:

(a) The authorized designee is a family member of the subject individual; or

(b) The authorized designee has a financial or close personal relationship with the subject individual. If an authorized designee is uncertain of whether a relationship with a subject individual qualifies as a financial or close personal relationship under this subsection (b), the authorized designee shall consult with his or her supervisor prior to taking any action that would violate this rule if such a relationship were determined to exist.

(4) Termination of Authorized Designee Status.

(a) When an authorized designee's employment in a designated position ends, his or her status as an authorized designee is automatically terminated.

(b) The Department shall suspend or terminate a Department employee’s appointment to a designated position within the Department, and thereby suspend or terminate his or her status as an authorized designee, if the employee fails to comply with OAR 471-007-0200 through 471-007-0290 in conducting criminal records checks and fitness determinations.

(c) An authorized designee shall immediately report to his or her supervisor if he or she is arrested for or charged with, is being investigated for, or has an outstanding warrant or pending indictment for a crime listed in OAR 125-007-0270. Failure to make the required report is grounds for termination of the individual’s appointment to a designated position within the Department, and thereby termination of his or her status as an authorized designee.

(d) The Department will review and update an authorized designee’s eligibility for service in a designated position within the Department. As part of a review or update, a new criminal records check and fitness determination may be required:

(A) Every three years; or

(B) At any time the Department has reason to believe that the authorized designee has violated these rules or no longer is eligible to serve in his or her current position within the Department.

(5) A denial under OAR 125-007-0260 related to a designated position within the Department is subject to the appeal rights provided under OAR 125-007-300.

History

Statutory/Other Authority: ORS 181A.195 & 181A.200
Statutes/Other Implemented: ORS 181A.195
ED 3-2017, f. & cert. ef. 4-5-17
ED 1-2010, f. 1-29-10, cert. ef. 1-31-10
ED 4-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10

Or. Admin. R. 471-007-0310 Fees

(1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual.

(2) The Department may charge the fee to the subject individual on whom criminal offender information is sought, or, if the subject individual is an employee of a Department contractor or vendor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the subject individual’s employer.

(3) The Department shall not charge a fee if the subject individual is a Department employee or an applicant for employment with the Department.

History

Statutory/Other Authority: ORS 181A.195 & 181A.200
Statutes/Other Implemented: ORS 181A.195
ED 3-2017, f. & cert. ef. 4-5-17
ED 1-2010, f. 1-29-10, cert. ef. 1-31-10
ED 4-2009(Temp), f. & cert. ef. 8-5-09 thru 1-31-10

Division 8 CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS

Or. Admin. R. 471-008-0000 Confidentiality and Inadmissibility of Mediation Communications

(1) The words and phrases used in this rule have the same meaning as given to them in ORS 36.110 and 36.234.

(2) Nothing in this rule affects any confidentiality created by other law. Nothing in this rule relieves a public body from complying with the Public Meetings Law, ORS 192.610 to 192.690. Whether or not they are confidential under this or other rules of the agency, mediation communications are exempt from disclosure under the Public Records Law to the extent provided in ORS 192.410 to 192.505.

(3) This rule applies only to mediations in which the agency is a party or is mediating a dispute as to which the agency has regulatory authority. This rule does not apply when the agency is acting as the “mediator” in a matter in which the agency also is a party as defined in ORS 36.234.

(4) To the extent mediation communications would otherwise be compromise negotiations under ORS 40.190 (OEC Rule 408), those mediation communications are not admissible as provided in ORS 40.190 (OEC Rule 408), notwithstanding any provisions to the contrary in section (9) of this rule.

(5) Mediations Excluded. Sections (6)–(10) of this rule do not apply to:

(a) Mediation of workplace interpersonal disputes involving the interpersonal relationships between this agency’s employees, officials or employees and officials, unless a formal grievance under a labor contract, a tort claim notice or a lawsuit has been filed; or

(b) Mediation in which the person acting as the mediator will also act as the hearings officer in a contested case involving some or all of the same matters;

(d) Mediation involving two or more public bodies and a private party if the laws, rule or policies governing mediation confidentiality for at least one of the public bodies provide that mediation communications in the mediation are not confidential; or

(e) Mediation involving 15 or more parties if the agency has designated that another mediation confidentiality rule adopted by the agency may apply to that mediation.

(6) Disclosures by Mediator. A mediator may not disclose or be compelled to disclose mediation communications in a mediation and, if disclosed, such communications may not be introduced into evidence in any subsequent administrative, judicial or arbitration proceeding unless:

(a) All the parties to the mediation and the mediator agree in writing to the disclosure; or

(b) The mediation communication may be disclosed or introduced into evidence in a subsequent proceeding as provided in subsections (c)–(d), (j)–(l) or (o)–(p) of section (9) of this rule.

(7) Confidentiality and Inadmissibility of Mediation Communications. Except as provided in sections (8)–(9) of this rule, mediation communications are confidential and may not be disclosed to any other person, are not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent proceeding, or introduced as evidence by the parties or the mediator in any subsequent proceeding.

(8) Written Agreement. Section (7) of this rule does not apply to a mediation unless the parties to the mediation agree in writing, as provided in this section, that the mediation communications in the mediation will be confidential and/or nondiscoverable and inadmissible. If the mediator is the employee of and acting on behalf of a state agency, the mediator or an authorized agency representative must also sign the agreement. The parties’ agreement to participate in a confidential mediation must be in substantially the following form. This form may be used separately or incorporated into an “agreement to mediate.”

Agreement to Participate in a Confidential Mediation

The agency and the parties to the mediation agree to participate in a mediation in which the mediation communications are confidential and/or nondiscoverable and inadmissible to the extent authorized by OAR 471-008-0000(7) and this agreement. This agreement relates to the following mediation:

(a) ______________________________________________

(Identify the mediation to which this agreement applies)

(b) To the extent authorized by OAR 471-008-0000(7), mediation communications in this mediation are: (check one or more)

___ confidential and may not be disclosed to any other person

___ not admissible in any subsequent administrative proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative proceeding

___ not admissible in any subsequent administrative, judicial or arbitration proceeding and may not be disclosed during testimony in, or during any discovery conducted as part of a subsequent administrative, judicial or arbitration proceeding, or introduced as evidence by the parties or the mediator in any subsequent administrative, judicial or arbitration proceeding

Name of Agency

Signature of Agency’s authorized representative Date

(when agency is a party) or Agency employee acting

as the mediator (when Agency is mediating the dispute)

(d) ________________________________________

Name of party to the mediation

Signature of party’s authorized representative Date

(e) ________________________________________

Name of party to the mediation

Signature of party’s authorized representative Date

(9) Exceptions to confidentiality and inadmissibility.

(a) Any statements, memoranda, work products, documents and other materials, otherwise subject to discovery that were not prepared specifically for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding.

(b) Any mediation communications that are public records, as defined in ORS 192.410(4), and were not specifically prepared for use in the mediation are not confidential and may be disclosed or introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential or privileged under state or federal law.

(c) A mediation communication is not confidential and may be disclosed by any person receiving the communication to the extent that person reasonably believes that disclosing the communication is necessary to prevent the commission of a crime that is likely to result in death or bodily injury to any person. A mediation communication is not confidential and may be disclosed in a subsequent proceeding to the extent its disclosure may further the investigation or prosecution of a felony crime involving physical violence to a person.

(d) Any mediation communication related to the conduct of a licensed professional that is made to or in the presence of a person who, as a condition of his or her professional license, is obligated to report such communication by law or court rule is not confidential and may be disclosed to the extent necessary to make such a report.

(e) The parties to the mediation may agree in writing that all or part of the mediation communications are not confidential or that all or part of the mediation communications may be disclosed and may be introduced into evidence in a subsequent proceeding unless the substance of the communication is confidential, privileged or otherwise prohibited from disclosure under state or federal law.

(f) A party to the mediation may disclose confidential mediation communications to a person if the party’s communication with that person is privileged under ORS Chapter 40 or other provision of law. A party to the mediation may disclose confidential mediation communications to a person for the purpose of obtaining advice concerning the subject matter of the mediation, if all the parties agree.

(g) An employee of the agency may disclose confidential mediation communications to another agency employee so long as the disclosure is necessary to conduct authorized activities of the agency. An employee receiving a confidential mediation communication under this subsection is bound by the same confidentiality requirements as apply to the parties to the mediation.

(h) A written mediation communication may be disclosed or introduced as evidence in a subsequent proceeding at the discretion of the party who prepared the communication so long as the communication is not otherwise confidential under state or federal law and does not contain confidential information from the mediator or another party who does not agree to the disclosure.

(i) In any proceeding to enforce, modify or set aside a mediation agreement, a party to the mediation may disclose mediation communications and such communications may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of mediation communications or agreements to persons other than the parties to the agreement.

(j) In an action for damages or other relief between a party to the mediation and a mediator or mediation program, mediation communications are not confidential and may be disclosed and may be introduced as evidence to the extent necessary to prosecute or defend the matter. At the request of a party, the court may seal any part of the record of the proceeding to prevent further disclosure of the mediation communications or agreements.

(k) When a mediation is conducted as part of the negotiation of a collective bargaining agreement, the following mediation communications are not confidential and such communications may be introduced into evidence in a subsequent administrative, judicial or arbitration proceeding:

(A) A request for mediation; or

(B) A communication from the Employment Relations Board Conciliation Service establishing the time and place of mediation; or

(D) Strike notice submitted to the Employment Relations Board.

(l) To the extent a mediation communication contains information the substance of which is required to be disclosed by Oregon statute, other than ORS 192.410 to 192.505, that portion of the communication may be disclosed as required by statute.

(m) Written mediation communications prepared by or for the agency or its attorney are not confidential and may be disclosed and may be introduced as evidence in any subsequent administrative, judicial or arbitration proceeding to the extent the communication does not contain confidential information from the mediator or another party, except for those written mediation communications that are:

(A) Attorney client privileged communications so long as they have been disclosed to no one other than the mediator in the course of the mediation or to persons as to whom disclosure of the communication would not waive the privilege; or

(B) Attorney work product prepared in anticipation of litigation or for trial; or

(C) Prepared exclusively for the mediator or in a caucus session and not given to another party in the mediation other than a state agency; or

(D) Prepared in response to the written request of the mediator for specific documents or information and given to another party in the mediation; or

(E) Settlement concepts or proposals, shared with the mediator or other parties.

(n) A mediation communication made to the agency may be disclosed and may be admitted into evidence to the extent the Director determines that disclosure of the communication is necessary to prevent or mitigate a serious danger to the public’s health or safety, and the communication is not otherwise confidential or privileged under state or federal law.

(o) The terms of any mediation agreement are not confidential and may be introduced as evidence in a subsequent proceeding, except to the extent the terms of the agreement are exempt from disclosure under ORS 192.410 to 192.505, a court has ordered the terms to be confidential under 17.095 or state or federal law requires the terms to be confidential.

(p) The mediator may report the disposition of a mediation to the agency at the conclusion of the mediation so long as the report does not disclose specific confidential mediation communications. The agency or the mediator may use or disclose confidential mediation communications for research, training or educational purposes, subject to the provisions of ORS 36.232(4).

(10) When a mediation is subject to section (7) of this rule, the agency will provide to all parties to the mediation and the mediator a copy of this rule or a citation to the rule and an explanation of where a copy of the rule may be obtained. Violation of this provision does not waive confidentiality or inadmissibility.

History

Statutory/Other Authority: ORS 36.224 & 657.610
Statutes/Other Implemented: ORS 36.224, 36.228, 36.230 & 36.232
ED 2-1999, f. & cert. ef. 5-5-99

Division 10 ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES

Or. Admin. R. 471-010-0005 Director

As used in these rules and unless the context requires otherwise, the title “Administrator” or “Assistant Director” means the Director of the Employment Department of the State of Oregon. Where appropriate, “Administrator” or “Director” shall also mean any duly authorized representative of the Director.

History

Statutory/Other Authority: ORS 657.176, 657.260, 657.265 & 657.610
Statutes/Other Implemented: ORS 657.010(5)
ED 4-1993, f. & cert. ef. 11-22-93
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-010-0010 Rules Procedure

Prior to the adoption, amendment, or repeal of any permanent rule, the Employment Department shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By providing a copy of the notice to persons on the Employment Department’s mailing list established pursuant to ORS 183.335(7) at least twenty-eight (28) days prior to the effective date.

(3) By providing a copy of the notice to the legislators specified in ORS 183.335(15) of this section at least 49 days before the effective date.

(4) By providing a copy of the notice to news agencies, to a newspaper of statewide circulation, and other members of the media who have requested notification.

History

Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & Ch. 729 & OL 1993
Statutes/Other Implemented: ORS 183.335 & 183.360
ED 57-2018, amend filed 07/05/2018, effective 07/09/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 4-1994, f. & cert. ef. 9-2-94
1DE 1-1984, f. & ef. 3-21-84
1DE 149, f. & ef. 12-29-75

Or. Admin. R. 471-010-0015 Effective Date of Administrative Rule Adoptions

(1) Unless otherwise provided in this Chapter, the rules in effect at the time an individual files a claim for benefits shall be applied to issues associated with that claim for benefits.

(2) For purposes of this rule, a “claim for benefits” includes an initial, additional or continued claim.

History

Statutory/Other Authority: ORS 657.167, 657.260, 657.265 & 657.610
Statutes/Other Implemented: ORS 657.610 & 657
ED 4-1993, f. & cert. ef. 11-22-93

Or. Admin. R. 471-010-0020 Attorney General’s Model Rules

Division 1 of the Attorney General's Model Rules of Procedure effective January 1, 2008, shall be applicable to rulemaking functions of the Employment Department.

[ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Employment Department.]

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 183.341
ED 6-2008, f. & cert. ef. 4-29-08
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 2-1997, f. 10-24-97, cert. ef. 11-3-97
ED 1-1996, f. 4-24-96, cert. ef. 4-29-96
ED 1-1992, f. & cert. ef. 2-3-92
ED 1-1991, f. & cert. ef. 4-1-91
ED 1-1988, f. & cert. ef. 4-1-88
1DE 1-1986, f. & ef. 2-7-86
1DE 1-1984, f. & ef. 3-21-84
1DE 9-1981, f. & ef. 12-14-81
1DE 1-1980, f. & ef. 1-11-80
1DE 1-1978, f. & ef. 3-6-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-010-0025 Exemption from Summary Determination

Pursuant to OAR 137-003-0580 (4), the Oregon Employment Department is exempt from Motion for Summary Determination process under the Administrative Procedures Act.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 12-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-010-0030 Repealing Existing Rules

All existing Employment Department rules, save and except OAR 471-010-0010 adopted December 29, 1975, heretofore adopted are repealed. Such repeal, however, does not affect nor impair any act done, right acquired, or duty imposed prior to the effective date of these rules.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.610
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-010-0040 Filing Timely Notices

(1) Except as specifically provided or prohibited in OAR 471-040-0005 and in this rule, when an individual or employing unit is required by ORS Chapter 657, or the rules adopted pursuant thereto, to file a notice, request, appeal, application, payment, report, tax election, claim, or any other document within a specified time, such individual or employing unit may file such document by personal delivery or by mail to any office of the Employment Department in Oregon or similar employment office in any other state. Except for payments and tax reports, all notices, requests, appeals, applications, tax elections, or any other document may be filed by fax.

(2) When the document is filed by mail, the date of filing shall be the postmarked date affixed by the U.S. Postal Service, or in the absence of a postmarked date, the most probable date of mailing as determined by the Director, unless otherwise provided in ORS Chapter 657 or OAR chapter 471.

(3) When the document is filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, improbable or challenged, in which case the fax receipt date, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the most probable date of faxing as determined by the Employment Department, shall be the date of filing.

(4) When the document is filed by any other means, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the employee of the Employment Department, Office of Administrative Hearings or Employment Appeals Board who receives the document.

(5) When an individual or employing unit is entitled to notice of an action or decision by the director or authorized representative, the notice may be delivered in person or by first class mail. Unless otherwise provided in ORS Chapter 657 or OAR chapter 471, if the notice is mailed, the notice is considered served on the date it is deposited with the U.S. Postal Service, addressed to such individual or employing unit at the last address known to the Director.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 6-2005(Temp), f. 9-16-05, cert. ef. 9-18-05 thru 2-14-06
ED 1-2003, f. 2-7-03 cert. ef. 2-9-03
ED 7-1996, f. 11-20-96, cert. ef. 12-2-96
ED 2-1996(Temp), f. & cert. ef. 6-26-96
ED 1-1991, f. & cert. ef. 4-1-91
1DE 2-1978, f. & ef. 7-21-78

Or. Admin. R. 471-010-0045 Witness Qualification

For the purposes of ORS Chapter 657 any witness appearing for the Employment Department, who is an employee of the department:

(1) Is considered to be a duly authorized agent of the director; and

(2) Is considered, by virtue of their employment, to be qualified to testify in an administrative hearing as to the actions taken by the department that resulted in the proceeding in which they are testifying.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 13-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-010-0060 Customer Information and Disclosure: Reimbursable Expenses

The current Oregon Administrative Rules adopted by the Department of Administrative Services of the State of Oregon with respect to official travel and other reimbursable expenses and filed with the Secretary of State are adopted as the rules and regulations applicable to the Employment Department, except that in all cases in which there may be a conflict between these rules and the current rules and regulations promulgated by the United States Secretary of Labor as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) governing official travel and reimbursable expenses, the rules and regulations as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) shall prevail.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657
ED 1-1996, f. 4-24-96, cert. ef. 4-29-96
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-010-0070 Customer Information and Disclosure: Workforce Investment Act Methods of Administration

(1) The Employment Department will comply with the equal opportunity and nondiscrimination provisions of Section 188 of the federal Workforce Investment Act and 29 CFR part 37 with respect to all programs and activities conducted as part of the Oregon One-Stop delivery system. This includes staff and employment practices of the staff responsible for implementing and administering the Workforce Investment Act’s programs and activities.

(2) Definitions: As used in OAR 471-010-0070, unless the context requires otherwise:

(a) "Investigative activities" means those activities outlined in the Methods of Administration necessary to process a Methods of Administration complaint;

(b) "Methods of Administration" means the documentation filed with the Federal Department of Labor to provide a reasonable guarantee of Oregon’s compliance with the Americans with Disability Act, Section 504 of the Rehabilitation Act of 1973 (amended), Section 188 of the Workforce Investment Act, and 29 CFR Part 37;

(c) "Monitoring requirements" means those activities outlined in the Methods of Administration necessary to ensure compliance with the Methods of Administration;

(d) "One-Stop delivery site" means a Workforce Investment Act center designated by a local board, and other certified centers recognized in the Memoranda of Understanding;

(e) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 as codified in Public Law 105-220.

(3) In conducting both programs and activities that are part of the Oregon One-Stop delivery system, the Department will follow the Methods of Administration promulgated by the Governor in accordance with 29 CFR § 37.4. In particular, the Department shall:

(a) Appoint an agency Equal Opportunity Officer to carry out the duties specified in the Methods of Administration and ensure that, if employed less than full-time as the agency Equal Opportunity Officer, any other duties, responsibilities or activities do not create a conflict of interest or the appearance of a conflict of interest with the duties of the agency Equal Opportunity Officer;

(b) Collect data on participants as required by 29 CFR § 37.37 to 37.41 and the Methods of Administration and provide aggregate data to the state Equal Opportunity Officer and the Department of Labor, as required;

(c) Permit the designated state Equal Opportunity Officer to monitor the Department’s compliance with the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration by providing the state Equal Opportunity Officer access to:

(A) One-Stop delivery sites, including affiliate sites, from which the Department operates its programs and activities;

(B) Equal Opportunity Notices created by the Department and provided to participants; and

(C) Any contracts, grants, interagency agreements, or other arrangements between the Department and other providers pertaining to programs and activities provided in the One-Stop system; and

(D) Data required to be collected pursuant to paragraph (b).

(d) Develop procedures as necessary to comply with and monitor compliance with the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration by:

(A) The Department and its employees; and

(B) Entities operating programs or activities, or providing services, conducted as part of the Oregon One-Stop delivery system on behalf of the Department, and employees thereof, including training providers.

(e) Ensure that the agency’s Equal Opportunity Officer and other appropriate staff attend scheduled periodic training about the Methods of Administration and associated duties; and

(f) Comply with any corrective actions imposed by the Governor for violations of the nondiscrimination and equal opportunity provisions of the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration and cooperate with any investigative activities or monitoring requirements of the state Equal Opportunity Officer.

(4) Notwithstanding periodic monitoring by the state Equal Opportunity Officer, the Department is responsible for all violations of the nondiscrimination and equal opportunity provisions of the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration committed by:

(a) The Department and its employees; and

(b) Entities operating programs or activities, or providing services, conducted as part of the Oregon One-Stop delivery system on behalf of the Department, and employees thereof, including training providers.

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657 & 657.610
ED 9-2001, f. 9-14-01, cert. ef. 9-16-01

Or. Admin. R. 471-010-0080 Customer Information and Disclosure: Definitions

(1) "Agent" means an individual or entity that is authorized to act for or in the place of another individual or entity.

(2) “Business” means any entity carrying on a trade or commercial enterprise that operates either inside or outside of Oregon and includes employers and employing units.

(3) "Customer" means any individual person seeking service from the Employment Department or other one-stop delivery system partner.

(4) “Employer” has the same meaning as in ORS 657.025

(5) “Employing Unit” has the same meaning as in ORS 657.020

(6) “Establishment” means an economic unit that produces goods or services, usually at a single physical location, and is engaged in one or predominantly one activity.

(7) "Governmental planning functions" means duties authorized by law which are undertaken by state, federal, or local government agencies, to facilitate policy decisions about the future. These functions include, but are not limited to, economic or similar modeling, impact analysis, projections, and forecasting.

(8) "Governmental performance measurement functions" means duties authorized by law which are undertaken by state, federal, or local government agencies regarding the success and impact of government programs.

(9) "Governmental program analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the impact and operation of government programs. These functions include, but are not limited to, fiscal analysis, budget analysis, and workload analysis.

(10) "Governmental socioeconomic functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the socioeconomic conditions in which the governmental entity is operating. These functions include, but are not limited to, the analysis of demographic, labor force, employment, and income trends.

(11) "Governmental policy analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to determine or better understand the impact of policy choices and decisions. These functions include, but are not limited to, economic impact analysis, trend analysis, and economic or similar modeling.

(12) "Hosted Worker" means a non-Department employee or volunteer who, under the supervision of an Employment Department management service employee, performs services in the area of the public labor exchange, such as: selecting and referring job seekers on employer openings on jobs listed with the Employment Department, assisting employers in listing jobs, providing marketing or outreach services to the business community, assisting customers with their iMatch Skills registration, and assisting in the resource rooms. The roles and responsibilities of the Hosted Worker, the Workers’ responsibilities with respect to confidential information, and the penalties for unauthorized disclosure must be addressed in a written agreement with the Hosted Worker's actual employer or the Worker if there is no employer.

(13) “Information” means:

(a) Data that pertains to an individual business or person;

(b) Aggregations of data about businesses in which there are fewer than three businesses or in which any one business accounts for more than 80 percent of the aggregated data; and

(14) "Need to Know" means that access to, possession of, or other use of customer-related information is essential in order to carry out official duties.

(15) "One-stop delivery system" means the workforce development activities provided by one-stop delivery system partner entities as authorized by the Workforce Investment Act.

(16) "One-stop delivery system Partner" means an entity described in section 101(30) of the Workforce Investment Act of 1998, including entities that carry out appropriate Federal, State, local, or private programs not specifically enumerated in the Act.

(17) “Public Official” means an official, agency, or public entity within the executive branch of Federal, State, or local government who, or which, has responsibility for administering or enforcing a law, or an elected official in the Federal, State, or local government.

(18) "Party" has the same meaning as in ORS 183.310(7).

(19) "Person" has the same meaning as in ORS 183.310(8).

(20) "Written disclosure agreement" means an interagency or other applicable agreement for sharing or disclosing information by written, electronic, paper, verbal or other means.

(21) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 as codified in Public Law 105-220.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 4-2016, f. & cert. ef. 8-2-16
Reverted to ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 1-2016(Temp), f. & cert. ef. 1-29-16 thru 7-26-16
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0085 Customer Information and Disclosure: Responsibility of Employment Department Staff

(1) Department staff must safeguard the confidentiality of information collected or obtained and disclose only information about the customer that is authorized by law or that is necessary to administer ORS Chapter 657 and Chapter 657A.

(2) Department staff and any other entities or individuals with access to Employment Department information are authorized to access confidential information only on a "need to know" basis, as needed to perform official duties.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0090 Customer Information and Disclosure: Disclosure Charges

The department may charge a reasonable fee to reimburse it for the cost of providing records, including the cost of preparing the information and costs associated with implementing and maintaining written disclosure agreements.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0100 Customer Information and Disclosure: Information Collection

(1) The department shall only collect and maintain customer information that is relevant and necessary to administer ORS Chapter 657 and Chapter 657A.

(2) In addition to the mandatory disclosure of social security numbers required under OAR 471-030-0025, the department may request that customers voluntarily provide their social security number to facilitate program administration, including research and statistical data or for such other purposes as are disclosed to the customer. The department shall not refuse to provide a benefit or service to any customer that refuses a voluntary request to provide his or her social security number.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0105 Customer Information and Disclosure: General Disclosures

(1) The department is authorized to disclose confidential information or records to non-governmental entities if the non-governmental entity enters into a written disclosure agreement with the department that:

(a) Requires the non-governmental entity to obtain a written release from the individual or business to whom the information pertains, containing the following:

(A) A statement specifically identifying the information that is to be disclosed;

(B) Notice that state government files will be accessed to obtain the information;

(C) A statement identifying the specific purposes for which the information is sought, which must be limited to providing a service or benefit to the individual or business signing the release or carrying out administration or evaluation of a public program;

(D) A statement that information obtained under the release will only be used for that purpose or purposes; and

(E) A statement identifying all the parties who may receive the information;

(b) Requires the non-governmental entity to safeguard the information once in the hands of the non-governmental entity; and

(2) Unless otherwise authorized by these rules, the department is authorized to disclose confidential information or records to a customer or business only under the following provisions:

(a) The Oregon Employment Department staff is sure that the information was provided by the customer or business, or was previously provided to the customer or business; or

(b) For Oregon Employment Department wage records, the wage records are identified under the name, social security number or account number of the customer.

(3) The department is authorized to disclose confidential information or records to a third party or agent based on the informed consent of a customer or business if:

(a) The department receives a written release signed and dated by the customer or business that specifically states the information that may be disclosed and contains the information required by subsection (1)(a)(A)–(E) of this rule;

(b) The written release is witnessed or verified by a department staff person, or notarized; and

(d) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(4) The department is authorized to disclose confidential information or records regarding a customer or business to the attorney for a customer or business pursuant to an informed consent from the customer or business that contains the information required in subsection (2) of this rule.

(a) If the attorney has been retained for purposes related to ORS Chapter 657 and the attorney asserts that he or she represents the customer or business, a written release that complies with subsection (2) of this rule is not required.

(b) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(5) The department is authorized to disclose confidential information or records to a legislator or other elected official, or his or her staff, pursuant to an informed consent from a customer or business.

(a) A written release that complies with subsection (2) of this rule is not required if the department receives a copy of the letter written by the customer or business to the legislator or other elected official requesting the assistance of the elected official.

(b) If no letter is available, Oregon Employment Department staff will provide customer or business information only after receiving reasonable evidence from the legislator or other elected official, or his or her staff, that the customer or business authorized the disclosure.

(c) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.

(6) Department staff must comply with Oregon child abuse reporting laws under ORS Chapter 419B.010, elderly abuse reporting laws under Chapter 124.060, and patient abuse reporting laws under 677.190.

(7) Drug or alcohol abuse information or records received from federally funded treatment programs, facilities or activities may not be used or redisclosed by the department without the written consent of the patient or a court order and subpoena that comply with the requirements in 42 USC § 290dd-2 and 42 CFR Part 2.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0110 Customer Information and Disclosure: Unemployment Insurance Disclosures

(1) The department is authorized to disclose confidential information or records necessary to prepare for a pending hearing to the extent necessary for the proper presentation of an Oregon Unemployment Insurance benefit claim at a hearing before an Administrative Law Judge, once a request for hearing has been filed.

(2) The department is authorized to disclose confidential information or records necessary to prepare for a review arising under a state or federal program administered by the department to a party or agent of a party.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0111 Customer Information and Disclosure: Unemployment Insurance Tax Disclosure

The department may disclose confidential Tax information pertaining to an employing unit to employees of the employing unit or agents thereof if both of the following conditions are met:

(1) The employing unit provides informed consent authorizing the disclosure, or the employee or agent provides the department with reasonable assurance that they are acting with the informed consent of the employing unit, and.

(2) The identity of the person receiving the information has been established with reasonable assurance.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 5-2010, f. & cert. ef. 12-13-10

Or. Admin. R. 471-010-0115 Customer Information and Disclosure: Business and Employment Services Disclosures

(1) The Department is authorized to disclose confidential customer information or records to one-stop delivery system partners if:

(a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the customer information;

(b) The request is based on the one-stop delivery system partner’s "need to know" to perform official duties of their program;

(c) The customer whose information or records are being disclosed has provided informed consent authorizing that the information may be shared or disclosed; and

(d) Notice is provided that a consent, or authorization, is on file or secured electronically within the workforce system.

(2) The department is authorized to share business information with one-stop delivery system partners if:

(a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the employer information;

(b) The request is based on the one-stop delivery system partner's "need to know" to perform official duties of their program;

(d) The information is necessary for providing services to businesses. The information to be shared may include details such as who to contact, planned contact schedules, employer training needs, and results of contacts and telephone calls for coordinated service delivery to the business community.

(3) The department is authorized to disclose job listing information to customers, under the following circumstances:

(a) For "self-refer" job listings, the job will be listed with all needed information displayed directly for all interested job seekers, who may then contact the employer directly; or

(b) For "suppressed" job listings, the needed information is only provided to job seekers who are determined to be qualified for the job listing, and who are then given contact information by the Employment Department, authorized Hosted Workers, or one-stop delivery system partners with approved access to the information.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0120 Customer Information and Disclosure: Workforce and Economic Research Disclosures

(1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information.

(2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information.

(3) Unless specifically noted elsewhere in ORS 657.665 or in this Rule, "governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions" do not authorize the disclosure of confidential information:

(a) For purposes of mass mailings or marketing;

(b) That was collected by way of surveys conducted for statistical purposes, including those conducted in collaboration with the U.S. Bureau of Labor Statistics;

(d) Regarding individual persons, unless those persons have given their informed consent for such disclosure.

(4) Maps showing the location and characteristics of business establishments shall be limited by the following:

(a) The name, address, specific location, and specific employment or payroll information about the business will not be displayed.

(b) The employment level of the business will be computed and reflected as follows:

(A) An annual average employment level for each establishment shall be the sum of each individual month’s employment divided by 12.

(B) This annual average employment level will be rounded to the nearest integer.

(C) These rounded annual average employment levels will be reflected on a map using no greater detail than the following size class breakouts: 0, 1–4, 5–9, 10–19, 20–49, 50–99, 100–249, 250–499, and 500 or greater. Aggregations of these size classes are permitted.

(A) All businesses in NAICS 624221 — Temporary Shelters

(B) All businesses in NAICS 814110 — Private Households

(5) For purposes of ORS 657.665(3)(a) and 657.665(4)(n), “local government” means cities, counties, and other political sub-divisions coded with an ownership code 3 in Employment Department records, with the exception of Indian tribal governmental agencies and other agencies specifically excluded based on other statutes or rules.

(6)(a) Department staff may disclose the North American Industry Classification System (NAICS) code of any business and, by extension, may provide the NAICS definition of the industry of any business. Additionally, Department staff may provide lists of businesses in particular NAICS codes. However, these disclosures may only include the name and NAICS code or definition of the business; they may not include additional information such as address, contact information, or employment-related data.

(b) The NAICS codes of businesses in following industries will not be shared, nor will lists of these businesses be shared:

(A) All businesses in NAICS 624221 — Temporary Shelters.

(B) All businesses in NAICS 814110 — Private Households.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Or. Admin. R. 471-010-0125 Customer Information and Disclosure: Audit Authority and Written Agreements With Entities Having Access to Employment Department Information

(1) All written agreements with entities other than the Internal Revenue Service and "Hosted Workers" that have access to Employment Department information shall stipulate that, no less than once a year, the entity shall conduct an audit of the processes by which the entity implements the agreement(s). The audits shall include, but are not limited to:

(a) How access to Employment Department information is granted;

(b) How access to Employment Department information is controlled;

(d) Who is authorized to grant & revoke access to Employment Department information;

(e) What specific programs within the entity need access to Employment Department information;

(f) Which specific positions within the programs referenced in OAR 471-010-0125(1)(e) need access to Employment Department information;

(g) What specific information within the Employment Department information is needed;

(h) Whether access to Employment Department information is granted to contractors, who the contractor is, and why the contractor is being given access; and

(i) What "informed consent" if any, the entity uses when gathering information from its customers.

(2) These audits shall subsequently be submitted to the Employment Department, who shall have final authority to decide compliance with the procedures in OAR 471-010-0125(1).

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.665
ED 1-2019, amend filed 05/03/2019, effective 05/03/2019
ED 7-2008, f. 5-20-08, cert. ef. 7-1-08
ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08

Division 12 INTERAGENCY SHARED INFORMATION SYSTEM (SIS)

Or. Admin. R. 471-012-0005 Interagency Shared Information System Purpose

The Interagency Shared Information System was established for the purpose of collecting, analyzing and sharing statistical and demographic data to facilitate strategies for improving the education, training and employment programs related to enhancing Oregon’s workforce system. The Interagency Shared Information System shares aggregate information with participants to allow each participant to develop and evaluate policy and measure performance. The information in the Interagency Shared Information System is exclusively for program and workforce system analysis purposes. The information in the Interagency Shared Information System is not a public record for purposes of ORS 192.410 to 192.505.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & OL 2001 Ch. 524 (SB 400)
ED 14-2001, f. 12-19-01, cert. ef. 12-23-01
ED 6-2000, f. 12-1-00, cert. ef. 12-3-00

Or. Admin. R. 471-012-0010 Definitions

(1) "Participant" means a participating state agency, as listed in ORS 657.732; and other state agencies, governmental entities or private organizations that have applied to be a participating state agency or organization and have been approved to participate in and provide information to the Interagency Shared Information System.

(2) "System administrator" means the Employment Department Director or staff designated by the Employment Department Director to administer the Interagency Shared Information System.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.732
ED 13-2003, f. 12-12-03, cert ef. 12-14-03
ED 14-2001, f. 12-19-01, cert. ef. 12-23-01
ED 6-2000, f. 12-1-00, cert. ef. 12-3-00

Or. Admin. R. 471-012-0015 Data Collection for the Interagency Shared Information System

Participants shall provide data to the Interagency Shared Information System in a format that encodes identifying data, including the client's Social Security number, using a formula unique to the participant, according to protocols established by the system administrator, and based on the objectives articulated in ORS 657.732. Each participant must also ensure that any customer whose information is being submitted has been provided with full disclosure of:

(1) How the information will be used;

(2) The authority which authorizes the solicitation of the information and whether disclosure of such information by the customer is mandatory or voluntary; and

(3) The effects on the customer, if any, of not providing all or any part of the requested information.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.732
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 14-2001, f. 12-19-01, cert. ef. 12-23-01
ED 6-2000, f. 12-1-00, cert. ef. 12-3-00

Or. Admin. R. 471-012-0020 Disclosure of Interagency Shared Information System Data

(1) Interagency Shared Information System data shall only be disclosed in the aggregate consisting of no fewer than six unit records. All disclosures must comply with applicable federal and state law, including any written agreement between the participants and the system administrator.

(2) Participants may view the individual records input by the participant for their own customers, even if fewer than six unit records, provided that such viewing complies with applicable federal and state law.

(3) For purposes of ORS 192.410 to 192.505, the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the participant that submits or receives the information. All requests for reports from the system will be referred to the participant that is the custodian of the records for the purposes of 192.410 to 192.505. If the participating state agency or organization receiving the information is not a public body, as defined in 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of 192.410 to 192.505.

(4) Requests for Interagency Shared Information System data, including reports that are not agency specific, will be reviewed by the system administrator who will accept or reject the requests based on the objectives articulated in ORS 657.732.

(5) All participating agencies and the system administrator shall take appropriate, necessary and prudent steps to prevent unauthorized disclosure or identification of an individual's data, including use of the provisions established by agreement with Interagency Shared Information System participants. Any individual who, without proper authority, discloses confidential information under ORS 657.732 may be disqualified from holding any appointment or employment with the State of Oregon.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.732
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 14-2001, f. 12-19-01, cert. ef. 12-23-01
ED 6-2000, f. 12-1-00, cert. ef. 12-3-00

Division 15 PERFORMANCE REPORTING INFORMATION SYSTEM (PRISM)

Or. Admin. R. 471-015-0005 Performance Reporting Information System Purpose

The Performance Reporting Information System was established exclusively for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of the workforce system performance measures. The Performance Reporting Information System is intended to share the data, by agreement, with system participants, as defined in OAR 471-015-0010. For the purposes of ORS 192.410 to 192.505, the custodian of information is the system participant that submits or receives the information. If the system participant receiving the information is not a public body, as defined in 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of 192.410 to 192.505.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.734
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 15-2001, f. 12-19-01, cert. ef. 12-23-01

Or. Admin. R. 471-015-0010 Definitions

(1) "System participants" means:

(a) Mandatory partners under the federal Workforce Investment Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.) and other one-stop system partners, which may include public bodies and private organizations; and

(b) Public bodies and private organizations that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Performance Reporting Information System.

(2) “System administrator" means the Employment Department staff designated by the Employment Department Director to administer the Performance Reporting Information System.

(3) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 (Public Law 105-220).

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.734
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 15-2001, f. 12-19-01, cert. ef. 12-23-01

Or. Admin. R. 471-015-0015 Data Collection for the Performance Reporting Information System

System participants shall provide data to the Performance Reporting Information System in a format that encodes identifying data, including the client's Social Security number, using a formula unique to the system participant, and according to protocols established by agreement with the system administrator, based on the objectives articulated in ORS 657.734. Each system participant must also ensure that any customer whose information is being submitted has been provided with full disclosure of:

(1) How the information will be used;

(2) The authority which authorizes the solicitation of the information and whether disclosure of such information by the customer is mandatory or voluntary; and

(3) The effects on the customer, if any, of not providing all or any part of the requested information.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.734
ED 9-2005, f. 12-29-05, cert. ef. 1-1-06
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 15-2001, f. 12-19-01, cert. ef. 12-23-01

Or. Admin. R. 471-015-0020 Disclosure of Performance Reporting Information System Data

(1) Data from the Performance Reporting Information System shall only be disclosed in the aggregate consisting of no fewer than three unit records, and according to the protocols established by agreement with the system administrator, based on the objectives articulated in ORS 657.734. All disclosures must comply with applicable federal and state law, including any written agreement between the system participants and the system administrator.

(2) The system administrator shall make available that aggregate data necessary for the comprehensive workforce system-wide performance indicators. This data will be made available to all system participants, customers such as employers and job seekers, workforce investment boards and the general public.

(3) System participants may view the individual records input by the system participant for their own customers, provided that such viewing complies with applicable federal and state law.

(4) System participants and the system administrator shall take appropriate, necessary and prudent steps to prevent unauthorized disclosure or identification of an individual's data, including use of the protocols established by agreement. Any individual who, without proper authority, discloses confidential information under ORS 657.734 may be disqualified from holding any appointment or employment with the State of Oregon.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.734
ED 1-2005, f. & cert. ef. 1-20-05
ED 13-2003, f. 12-12-03 cert ef. 12-14-03
ED 15-2001, f. 12-19-01, cert. ef. 12-23-01

Division 20 EMPLOYMENT SERVICES

Or. Admin. R. 471-020-0010 Definitions

As used in OAR 471-020-0010 to 471-020-0035, unless the context requires otherwise:

(1) “Accepted” means a job listing is reviewed and managed by authorized Employment Department or partner staff.

(2) "Active Status" means a period beginning when an individual is eligible to receive and is being paid unemployment insurance benefits pursuant to OAR 471-030-0036, and ending at Saturday midnight of the third week following the week in which the most recent benefit payment was issued to the individual.

(3) "Enrollment" means entry of information provided under ORS 657.159, 657.715, 657.720 or OAR 471-020-0020 into the Business & Employment Services online job match system.

(4) "Job attached" means:

(a) An individual with a definite return-to-work date; or

(b) An individual who obtains all work assignments through a closed union hiring hall.

(5) "Matching process" means the process of comparing an individual's knowledge, skills and abilities for referral to an employer's job opening.

(6) "Qualified" means the individual's skills and experience meet or exceed the employer's job requirements.

(7) "Profiled" means the application of a ranking system, using criteria established in OAR 471-030-0034, to establish the relative likelihood of a claimant exhausting the maximum benefit amount available in a benefit year.

(8) "Reemployment Services" may include any of the services listed in ORS 657.156(1)(b) and includes subsidized employment.

(9) “Stream” means an electronic transfer or exchange of information or data.

(10) "Subsidized" means a job listing or employment that meets the requirements of ORS 411.892.

(11) "Suitable" means the factors listed in ORS 657.190 and 657.195.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.156 & 657.159
ED 3-2014, f. 2-27-14, cert. ef. 2-28-14
Reverted to ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 4-1999, f. 6-29-99, cert. ef. 7-4-99
ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99

Or. Admin. R. 471-020-0020 Claimant Reemployment Services

(1)(a) Except for individuals identified in OAR 471-020-0021, all unemployment insurance claimants shall submit such information as may be required by the Oregon Employment Department to carry out job placement services for the individual including, but not limited to, the individual's job qualifications, training and experience. Such information shall be entered into the Business & Employment Services online job match system concurrent with, or as soon as possible following, the filing of an initial claim for unemployment insurance benefits. Entry of this information shall constitute enrollment.

(b) Individuals identified in OAR 471-020-0021 shall be provided information about accessing reemployment services and may volunteer for placement in subsidized JOBS Plus employment pursuant to subsection (5) of this rule.

(2) All unemployment insurance claimants are provided access to reemployment services.

(a) Following enrollment, all unemployment insurance claimants who are not job attached shall be profiled in accordance with the provisions of ORS 657.156 to identify claimants who are likely to exhaust benefits. Local Employment Department offices shall be provided a list of profiled claimants. Profiled claimants shall be considered for reemployment services in rank order, as resources permit.

(b) Any unemployment insurance claimant shall be selected for reemployment services, as resources permit, if the individual:

(A) Appears on the list of profiled claimants; or

(B) Appears on the list of claimants who have claimed benefits for eight consecutive weeks.

(3) Except for individuals identified in OAR 471-020-0021, the Employment Department shall use the matching process to refer claimants, who are not job attached, to available, suitable subsidized and unsubsidized job listings. A claimant matched to a job listing shall be referred, subject to any applicable state or federal requirements and the employer's referral requirements, to the employer filing the job listing if the claimant is among the qualified job seekers matched to the job listing and the job is determined to be suitable for the claimant.

(4) All unemployment insurance claimants, who are not job attached, shall continue to be matched and referred to available, suitable subsidized and unsubsidized openings while in active status.

(5) All unemployment insurance claimants, whether job attached or not, may volunteer for placement in subsidized JOBS Plus employment. Any claimant volunteering for subsidized employment shall be promptly referred to any employer offering available, suitable subsidized employment.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.155, 657.156 & 657.159
ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 4-1999, f. 6-29-99, cert. ef. 7-4-99
ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99

Or. Admin. R. 471-020-0021 Exemptions from Enrollment

The following unemployment insurance claimants are not required to submit registration information to the Employment Department for job placement purposes:

(1) Individuals claiming benefits as interstate liable claimants against the State of Oregon;

(2) Individuals on a temporary mass layoff from a single employer.

(3) Individuals claiming benefits through an approved shared work plan under the provisions of ORS 657.380;

(4) Individuals claiming benefits for partial unemployment under the provisions of OAR 471-030-0060; and

(5) Individuals who are members in good standing of a union that does not allow members to seek non-union work.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.155, 657.156 & 657.159
ED 1-2006, f. 1-5-06, cert. ef. 1-8-06
ED 4-1999, f. 6-29-99, cert. ef. 7-4-99

Or. Admin. R. 471-020-0030 JOBS Plus Program

(1) As used in ORS 657.925, "JOBS Plus Program" means the processes used and services provided pursuant to OAR 471-020-0020, ORS 657.925 and 411.892.

(2) As used in ORS 657.925, "job referral process" means the processes set forth in ORS 657.159 and OAR 471-020-0020.

(3) As used in ORS 657.925, an "unemployment insurance recipient" is an individual who:

(a) Is an Oregon resident;

(b) Has a current Oregon benefit year as defined in ORS 657.010(3), or is being paid benefits provided for by Oregon or federal law extending such benefit year;

(c) Has a balance remaining on the current Oregon benefit year, or is being paid benefits provided for by Oregon or federal law extending such benefit year;

(d) Was paid benefits under ORS 657.155 for the most recent week claimed; and

(e) Is in active status as defined in OAR 471-020-0010.

(4) As used in ORS 657.925(6), "at the time of application" means:

(a) If filing in person at a local field office, the process of filling out the forms necessary to file an initial claim for Unemployment Insurance benefits; or

(b) If filing by a method other than filing in person at a local field office, the process of filling out and submitting the forms necessary to file an initial claim for Unemployment Insurance benefits, including, but not limited to, receiving a written claim determination.

(5) As used in ORS 657.925(6) "reviewing the recipient for referral" means the employment services processes outlined in OAR 471-020-0010 through 471-020-0021.

(6) As used in ORS 657.925(6), "reassess the recipient's reemployability" means the process of determining if the Department should refer an unemployment insurance recipient, including those unemployment insurance recipients that are considered "job attached" as defined in OAR 471-020-0010(3), to suitable work under ORS 657.

(7) As used in ORS 411.892(13), "employment development plan" means the claimant reemployment and worker profiling processes used by the Employment Department, including the Individual Service Plan processes.

(8) An unemployment insurance recipient must meet the eligibility criteria set forth in section (3) above:

(a) On the date of referral to a JOBS Plus Program position; and

(b) On the date of hire into a JOBS Plus Program position.

(9) If an unemployment insurance recipient accepts a JOBS Plus Program subsidized position, that individual's participation in the JOBS Plus Program ends when the individual leaves or completes the JOBS Plus Program subsidized position.

(10) If an unemployment insurance recipient has not accepted a JOBS Plus Program subsidized position, that individual's participation in the JOBS Plus Program ends when the individual no longer meets the criteria set forth in section (3) above.

(11) As used in ORS 657.925, an unemployment insurance recipient has been referred to the JOBS Plus Program when the recipient has been advised of the mandatory requirements contained in and the availability of services set forth in OAR 471-020-0020, ORS 657.925, and 411.892.

(12) As used in ORS 411.892(2), "jobs made available to program participants" refers to subsidized positions, which may include:

(a) A recurring training position, provided that the unemployment insurance recipient is aware that the position is a recurring training position, the recurring training position does not displace a regular employee or fill otherwise unfilled positions previously established by the employer; or

(b) A temporary or limited duration position, provided that the unemployment insurance recipient is aware that the position is a temporary or limited duration position, the temporary or limited duration position does not displace a regular employee or fill unfilled positions previously established by the employer.

(13) As used in ORS 411.892(1), an employer may be disqualified from participating in an Employment Department JOBS Plus Program Work Site Agreement when:

(a) The employer fails to follow the terms of a Work Site Agreement entered into with the Employment Department. In all such cases, the Employment Department shall:

(A) Contact the employer regarding the alleged violation of the Work Site Agreement;

(B) Investigate the alleged violation of the Work Site Agreement; and

(C) Send the employer a written determination stating the results of the investigation, and the employer's right to request a review of the determination.

(b) Authority to disqualify employers from participating in an Employment Department JOBS Plus Program Work Site Agreement shall reside with the Director, the Deputy Director, or the designated Assistant Director for Field Services.

(14) As used in ORS 411.892(1), an employer may be excluded for a period of up to three years from participation in the Employment Department's JOBS Plus Program when:

(a) The employer fails to abide by program requirements, including a pattern of disqualifications from Work Site Agreements entered into with the Employment Department; a pattern of terminating participants prior to completion of training; or otherwise demonstrates unwillingness to comply with the stated intent of the program. In all such cases, the Employment Department shall:

(A) Contact the employer regarding the alleged violation of the program;

(B) Investigate the alleged violation of the program; and

(C) Send the employer a written determination stating the results of the investigation, and the employer's right to request a review of the determination.

(b) Authority to exclude employers from participating in the Employment Department's JOBS Plus Program, including the authority to exclude an employer immediately, shall reside with the Director, the Deputy Director, or the Assistant Director For Business And Employment Services.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.156, 657.159 & 657.925
ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 3-2002, f. 4-19-02, cert. ef. 4-21-02
ED 1-2002(Temp), f. 1-11-02, cert. ef. 1-13-02 thru 7-12-02
ED 16-2001, f. 12-19-01, cert. ef. 12-23-01
ED 8-2001, f. 6-29-01, cert. ef. 7-1-01 thru 12-28-01
ED 4-1999, f. 6-29-99, cert. ef. 7-4-99
ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99

Or. Admin. R. 471-020-0035 Job Listings

(1) All job listings accepted by authorized Employment Department or partner staff must:

(a) Be for an identifiable current job opening, or an identifiable future job opening;

(b) Establish an employer-employee relationship;

(d) Not contain terms or conditions of employment contrary to state or federal law.

(2) The Employment Department will not list job listings replacing workers that are out of work due to a labor dispute, as defined in OAR 471-030-0097.

(3) No job listing will be accepted that charges a fee to candidates, unless:

(a) The fee is for a drug test and is charged only to individuals who have been offered work contingent on passing the drug test;

(b) The fee is for a physical examination to determine that the job offered is within the physical capabilities of the applicant and is only charged to individuals who have been offered work contingent upon passing the physical examination; or

(c) The fee is for a license, test or check (such as a background check) that is required by statute or law and is charged only to individuals who have been offered work contingent on obtaining the required license or passing the required test or check.

(4) Unless the conditions of any job listing can reasonably be shown to be a "bona fide occupational requirement" (BFOQ), as determined by the Department, all employers making use of the Employment Department's job listing system will abide by all state and federal laws relating to Equal Employment Opportunity, including prohibition against discrimination.

(5) Job listings streamed from outside sources that are not staff accepted and job listings entered by validated employers may be immediately made available to customers. If any of these listings are found to be out of compliance with Federal and State laws and rules, the agency will take necessary action to remedy.

(6) The Employment Department shall evaluate all requests to accept job listings streamed from outside sources. If the agency finds a request to be viable, the agency shall enter in a written agreement prior to data exchange.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.705 - 657.725
ED 5-2019, amend filed 12/06/2019, effective 12/08/2019
ED 3-2019, temporary amend filed 06/20/2019, effective 06/20/2019 through 12/16/2019
ED 3-2014, f. 2-27-14, cert. ef. 2-28-14
Reverted to ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13
ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 6-2003, f. 4-25-03, cert. ef. 4-27-03
ED 3-2003, f. 2-14-03, cert. ef. 2-16-03

Or. Admin. R. 471-020-0040 Discontinuation and Reinstatement of Services To An Employer

(1) The Employment Department may initiate discontinuance of service to an employer who:

(a) Refuses to alter or withdraw job listings containing specifications that are contrary to employment-related law;

(b) Refuses to provide assurances that the jobs offered (and not withdrawn) are in compliance with employment-related laws;

(d) Is found by final determination of an enforcement agency to be in violation of an employment-related law and the Employment Department has been notified of this final determination;

(e) Has violated Employment Department regulations;

(f) Refuses to accept qualified workers referred through the Agricultural Recruitment System;

(g) Refuses to cooperate in the conduct of field checks resulting from referrals on Agricultural Recruitment System listings; or

(h) Repeatedly causes the field office to initiate discontinuation of service procedures.

(2) For employers who are alleged to have not complied with the terms of the temporary labor certification, the Employment Department shall notify the Department of Labor's Regional Administrator of the alleged non-compliance for investigation and pursuant to § 655.210 consideration of ineligibility for subsequent temporary labor certification.

(3) If services are to be discontinued, a notification shall be sent to the employer. The notification may inform the employer of immediate denial of services pending investigation of allegations if, in the judgment of the Department, continuation of services during the investigation would cause substantial harm to a significant number of workers. In all other cases, the notification will inform the employer that services will be discontinued in twenty working days unless the employer:

(a) Provides sufficient evidence that contradicts the finding of a violation; or

(b) Provides assurances that future actions will be in compliance with the appropriate employment related laws.

(4) The notification from the Employment Department will state that the employer has the right to request a hearing before a hearing officer within the same twenty working days. The option to request a hearing is not available when stoppage of service is the result of final determination by an enforcement agency.

(5) The Employment Department may reinstate service to an employer:

(a) When the Department accepts the employer's presentation of:

(A) Evidence that the policies, procedures, or conditions that led to the discontinuation of services have been corrected and are not likely to recur; or

(B) Evidence that the employer has responded adequately to enforcement agency findings;

(b) Upon the order of an administrative law judge to reinstate service; or

(c) The employer is reinstated by order of the Department of Labor's Regional Administrator or Federal Administrative Law Judge following a hearing.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 657.705 - 657.725
ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
ED 3-2003, f. 2-14-03, cert. ef. 2-16-03

Division 30 UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS

Or. Admin. R. 471-030-0005 Week Defined

(1) A “week” as defined in subsection (10) of ORS 657.010 shall end on Saturday except that where an individual is attached to a regular employer a week may consist of any seven consecutive days approved by the Director. The provisions of this section shall not be construed to allow benefits for a period of less than seven days or for the same period more than once.

(2) Except for purposes of computing total base year wages under ORS 657.150(2) and benefit entitlement under ORS 657.150(4), a week is within that calendar quarter which includes the greater part of the week.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.010(10)
ED 2-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1984, f. & ef. 3-21-84
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0010 Assignment of Wages

For purposes of ORS 657.150(2) and (4) wages shall be assigned to the calendar quarter in which they are paid, in the same manner that taxes are payable pursuant to OAR 471-031-0070(1).

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.150(2) & 657.150(4)
ED 3-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1984, f. & ef. 3-21-84

Or. Admin. R. 471-030-0012 Standard Base Year Defined

As used in ORS 657.173(1)(b), “standard base year” means a regular base year or period that is not expanded in any way.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 4-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 5-2009, f. 10-30-09, cert. ef. 11-1-09
ED 3-2009(Temp), f. & cert. ef. 7-1-09 thru 12-28-09

Or. Admin. R. 471-030-0015 Social Security Account Number

(1) Each employee in employment subject to the Employment Department Law shall procure a Federal Social Security Account Number and report this number to every employer for whom the employee is engaged in employment.

(2) Employers shall furnish appropriate Social Security Application forms to each employee who does not have an account number.

(3) It shall be the responsibility of the employer that such applications are filed by each such employee within 30 days after the date on which employment begins.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657
ED 5-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0017 Defining and Allocating Remuneration, Holidays, and Vacations

(1) The effective date of this rule is June 23, 2021.

(2) Definitions. For purposes of applying ORS 657.100 and 657.150, and as used in this rule:

(a) "Employment" means:

(A) Being in an employer-employee relationship during a period of time for which remuneration was paid or payable; or

(B) Providing a service or product for cash or cash value.

(b) "Earnings" means remuneration;

(c) Where an employer-employee relationship exists, "remuneration" means compensation resulting from the employer-employee relationship, including wages, salaries, incentive pay, sick pay, compensatory pay, bonuses, commissions, stand-by pay, and tips;

(d) Where no employer-employee relationship exists, "remuneration" means the gross amount of compensation for the product or service, less only the value of tangible components involved in producing or providing the product or service and limited to the tangible components that remain with the party receiving the service or product;

(e) "Bonus" means an extra payment given by an employer in consideration of performance, production or a share of profits;

(f) "Back pay" means payment awarded as reimbursement by an employer for loss of wages during a period for which no services were performed and no payment was intended;

(g) For purposes of ORS 657.150(7), the term "holiday" means those holidays listed in 187.010(1)(b)-(k) and (2), 187.020 and any holiday designated by the employer, union contract or otherwise;

(h) For purposes of ORS 657.150(7), the term "vacation" means a specific period of time, paid or unpaid, during which the individual is freed from work/job/employment duties and responsibilities and is free to use the time away from work for any purpose the individual chooses.

(i) For purposes of ORS 657.150(6)(a), the term "minimum hourly wage" means the minimum wage rate as computed under 653.025(2).

(3) For purposes of section (1) of this rule, except for agricultural labor and domestic service, remuneration shall include the value, determined pursuant to OAR 471-031-0055(3), of compensation paid in any medium other than cash.

(4) Allocating Remuneration: For purposes of ORS 657.100 and 657.150(6) remuneration or an applicable prorate share thereof shall be allocated as follows:

(a) In the case of services, allocated to the week in which the service was performed;

(b) In the case of products, allocated to the week in which the product was sold;

(c) In the case of bonuses, allocated equally to the weeks during which the individual worked within the period being rewarded;

(d) If the dates of sale or service are not clearly established, allocation shall be made upon a reasonable estimate provided by the individual. If the individual cannot or will not provide a reasonable estimate, the remuneration shall be allocated equally over the period during which services were rendered or products were sold.

(5) Back pay is reportable for and deductible from unemployment insurance benefits, and shall be allocated as follows:

(a) When awarded after the end of a shutdown due to a lapse in federal appropriations, allocated equally to the weeks in which the shutdown occurred;

(b) When awarded in all other circumstances, allocated to the week in which it is paid.

History

Statutory/Other Authority: ORS 657.610, ORS 657.100 & 183.335(5)
Statutes/Other Implemented: ORS 657.100 & 657.150
ED 17-2022, amend filed 12/14/2022, effective 12/14/2022
ED 6-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2016, f. & cert. ef. 7-1-16
ED 3-2007, f. & cert. ef. 7-12-07
ED 8-2004, f. 12-17-04, cert. ef. 12-19-04

Or. Admin. R. 471-030-0020 Retirement Pay, Allocation of Periodic and Lump Sum Payments

(1) For the purposes of ORS 657.205(1) and (2), the Director shall apportion lump sum payments on the basis of the individual's regular rate of pay for full-time employment. For the purposes of this section, full-time employment shall be considered 40 hours of work per week except in those industries, trades or professions where due to practice, custom or agreement the usual work week is other than 40 hours.

(2) Periodic payments paid in other than weekly installments shall be converted in such a way as to achieve the same results as if they were paid in weekly installments. Monthly payments shall be converted to equivalent weekly amounts by multiplying the monthly payments amount by the fraction 12/52 and rounding the result to the nearest multiple of $1.

(3) Except as provided in ORS 657.205(3), an individual who elects to receive retirement benefits in a lump sum payment when the option exists to receive periodic payments during the individual's benefit year shall be considered eligible for periodic payments under 657.205(1). Such lump sum payment shall be apportioned as provided in 657.205(2) and section (1) of this rule and allocated beginning with the first week with respect to which the individual would have been eligible for a periodic payment.

(4) As used in ORS 657.205(3)(b), the term “dislocated worker” has the meaning given in 657.335(1).

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.205
ED 7-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 17-2001, f. 12-19-01, cert. ef. 12-23-01
ED 1-1991, f. & cert. ef. 4-1-91
1DE 1-1984, f. & ef. 3-21-84
1DE 5-1980, f. 6-5-80, ef. 6-16-80
1DE 3-1980(Temp), f. 4-1-80, ef. 4-6-80
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0021 Allocation of Wages

(1) When an individual is paid at irregular intervals as described in ORS 657.150(3), the individual shall be considered to have been paid on the first of the month for the time worked the previous month, except that where an agreement provides that the employer shall pay wages at some future date, the date specified by the agreement shall be used for base year wage allocation purposes.

(2) An individual who is paid at least once every 35 days is deemed to have been paid at regular intervals.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.150(3)
ED 8-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0022 “Full-Time Work” Defined

“Full-time work,” for the purposes of ORS 657.100, is 40 hours of work in a week except in those industries, trades or professions in which most employers due to custom, practice, or agreement utilize a normal work week of more or less than 40 hours in a week.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.100
ED 9-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0023 Incapable of Work for the Purpose of Extending the Base Year

(1) As used in ORS 657.170, “incapable of work” means inability to engage in any gainful occupation solely because of physical or mental defect, disease or injury as verified in writing by a licensed medical or therapeutic practitioner, or other evidence satisfactory to the Director.

(2) For purposes of applying ORS 657.170(2), where the date of the injury and the date on which claimant became temporarily totally disabled are not the same, the three-year time period for seeking a base year extension shall begin at the start of the claimant’s period of temporary total disability, not on the date of the injury.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.170
ED 10-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
1DE 3-1981, f. & ef. 2-16-81

Or. Admin. R. 471-030-0025 Claimant’s Responsibilities

(1) With all claims, an individual shall furnish the Director with their social security number and other information required for processing their claim. Such information may include, but is not limited to, information pertaining to prior work history, separations from work, current work activity and earnings, licenses or permits held, self-employment, entitlement to pay and allowances of various kinds, work seeking activity, working restrictions, and working ability. With respect to work activity or self-employment during any week claimed, the information required may include the type of work activity, the amount of time devoted to such activity, the gross and net amount of compensation, remuneration, wages, commission, salary, or income, if any, received or expected to be received, and any other factors material to a determination of eligibility for benefits.

(2) The claimant is required to furnish such information required for processing their claim within the time frame provided by the Director or an authorized representative of the Employment Department. Unless the time frame is otherwise defined under Employment Department statute or rule, or is specifically directed otherwise by an authorized representative of the Employment Department, the claimant is required to respond to all requests for information within the following time frames:

(a) For requests for information by letter mailed to the address of record, the claimant shall have five (5) calendar days to respond from the date the letter was mailed. When responding by mail, the date of the response shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of the response shall be the most probable date of mailing as determined by the Employment Department.

(b) For requests for information by telephone message, fax, email, or other electronic means, the claimant shall have 48 hours to respond.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657
ED 11-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 6-2017, f. & cert. ef. 9-1-17
1DE 3-1985, f. & ef. 12-16-85
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0034 Reemployment Service Assistance and Eligibility

(1) In determining under ORS 657.156 whether an individual is likely to exhaust benefits and will need reemployment service assistance to make a successful transition to new employment the Employment Department may consider, but is not limited to, the following criteria:

(a) The individual’s job tenure in his/her primary occupation and industry;

(b) The individual’s education level;

(d) Employment conditions in the individual’s primary occupation and industry;

(e) The insured unemployment rate in the locality where the individual resides or seeks work.

(2) “Justifiable cause” under ORS 657.156 means such circumstances that a reasonable and prudent person exercising ordinary common sense would fail to participate in reemployment services. For an individual with a permanent or long-term “physical or mental impairment” (as defined at 29 CFR § 1630.2(h)) justifiable cause for failure to participate in reemployment services is such that a reasonable and prudent person with the characteristics and qualities of such individual, would fail to participate.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.156
ED 12-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-1997, f. 9-23-97, cert. ef. 9-29-97

Or. Admin. R. 471-030-0035 Work Registration

(1) A claimant may fulfill the "registered for work" requirements of ORS 657.155(1)(a) by completion of such processes as directed by the Director in order to create a full registration for work.

(2) “Full registration for work” as used in this rule, means providing information regarding the individual’s job qualifications, skills, training and experience as the Director or an authorized representative of the Director deems necessary to carry out job placement services for the individual.

(3) The provisions of this rule shall not apply to an individual claiming benefits as a "partially unemployed individual" as defined in OAR 471-030-0060.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.155
ED 13-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
1DE 2-1986, f. & ef. 4-14-86
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0036 Eligibility Factors

(1) In considering suitable work factors under ORS 657.190 and for purposes of determining eligibility under 657.155(1)(c), the Director may require an individual to actively seek the type of work the individual is most capable of performing due to prior job experience and training except that:

(a) If an individual is unable to secure the individual's customary type of work after contacting the potential employers in their labor market or if the individual is unable to meet the requirements of section (3) of this rule, the Director may require the individual to seek less desirable but similar work or work of another type which the individual is capable of performing by virtue of experience and training.

(b) If the type of work an individual is most capable of performing does not exist in the labor market where the individual is claiming benefits, the Director may require the individual to seek any work that exists in the labor market for which the individual is suited by virtue of experience and training.

(c) After the individual has contacted the potential employers in the labor market where benefits are being claimed and is still unable to obtain work as described in (1)(a) and (b) of this section, the Director may require the individual to further expand work-seeking activities.

(2) For the purposes of ORS 657.155(1)(c), an individual shall be considered able to work in a particular week only if physically and mentally capable of performing the work the individual is actually is seeking during all of the week except:

(a) An occasional and temporary disability for less than half of the week shall not result in a finding that the individual is unable to work for that week; and

(b) An individual with a permanent or long-term "physical or mental impairment" (as defined at 29 CFR 1630.2(h)) which prevents the individual from working full time or during particular shifts shall not be deemed unable to work solely on that basis so long as the individual remains available for some work.

(3) For the purposes of ORS 657.155(1)(c), an individual shall be considered available for work if, at a minimum, the individual is:

(a) Willing to work full time, part time, and accept temporary work opportunities, during all of the usual hours and days of the week customary for the work being sought, unless such part time or temporary opportunities would substantially interfere with return to the individual's regular employment; and

(b) Capable of accepting and reporting for any suitable work opportunities within the labor market in which work is being sought, including temporary and part time opportunities; and

(c) Not imposing conditions which substantially reduce the individual's opportunities to return to work at the earliest possible time; and

(d) Physically present in the normal labor market area as defined by section (6) of this rule, every day of the week, unless:

(A) The individual is actively seeking work outside his or her normal labor market area; or

(B) The individual is infrequently absent from the normal labor market area for reasons unrelated to work search, for less than half of the week, and no opportunity to work or referral to work was missed by such absence.

(e) However, an individual with a permanent or long-term physical or mental impairment (as defined at 29 CFR 1630.2(h)) which prevents the individual from working full time or during particular shifts shall not be deemed unavailable for work solely on that basis so long as the individual remains available for some work.

(f) For the purposes of ORS 657.155(1)(c), an individual is not available for work in any week claimed if:

(A) The individual has an opportunity to perform suitable work during the week and fails to accept or report for such work.

(B) During the week, the individual is incarcerated during any days or hours customary for the type of work the individual is seeking.

(i) “Incarcerated” means in custody at a city, county, state, or federal law enforcement or correctional facility to include any “arrest” as defined in ORS 133.005 or a similar law in another state or jurisdiction.

(ii) When an individual is in an alternative sentencing facility operated pursuant to a community corrections plan that individual will not be considered unavailable for work solely because of their non-traditional custody. Alternative sentencing is defined by the jurisdiction responsible for supervision of the suspect or offender.

(iii) “Incarcerated” does not include a “stop” as authorized under ORS 131.605 to 131.625.

(iv) “Incarcerated” does not mean being involved in questioning by peace officers as part of an investigation where the individual is free to leave and not charged with a crime.

(g) An individual will be considered not available for work if the individual fails or refuses to seek the type of work required by the Director pursuant to section (1) of this rule.

(h) Providing the individual is otherwise eligible for benefits pursuant to OAR 471-030-0036(3)(a) through (g), a person who has been found to be qualified for benefits under the provisions of ORS 657.176(2)(f) or (g) or 657.176(9)(b)(A) shall be considered available for work only during weeks in which the individual is enrolled in and participating in a recognized drug or alcohol treatment program if such participation was a condition in the determination to allow benefits. This provision does not apply if the individual has satisfactorily completed the course of treatment in accordance with the terms and conditions of the recognized treatment program.

(A) An individual is participating when engaged in a course of treatment through a recognized drug or alcohol rehabilitation program;

(B) A recognized drug or alcohol rehabilitation program is a program authorized and licensed under the provisions of OAR chapter 415.

(i) An individual is not available for work in any week claimed under ORS 657.155 if the individual resides or spends the major portion of the week:

(A) In Canada unless the individual is authorized to work in Canada;

(B) In a country not included in the Compact of Free Association with the United States of America; or

(C) outside of the United States, District of Columbia or any territory or political division that is directly overseen by the United States federal government; except,

(i) If the individual is the spouse or domestic partner of an individual stationed at a military base or embassy located outside the United States;

(ii) Job opportunities exist on the military base or embassy for family members of those stationed there;

(iii) The individual lives within a reasonable commuting distance to job opportunities at the military base or embassy; and

(iv) The individual is willing to accept the conditions and terms of the available employment provided they are not inconsistent with ORS 657.195.

(4) Notwithstanding the provisions of OAR 471-030-0036(3), an individual with a circumstance which restricts their availability such as, but not limited to, lack of childcare, caring for an immediate family member or another person in their household, lack of transportation, or attendance in school or training to improve their job skills or long-term employment opportunities, will not be deemed unavailable for work if:

(a) The work the individual is seeking or is otherwise willing to seek is customarily performed during other days and hours in the individual's normal labor market area as defined by OAR 471-030-0036(6); and

(b) The individual is willing and capable of working full time during other days and hours for which they could reasonably expect employers to schedule them.

(5) This section addresses the requirements for actively seeking work, as required under ORS 657.155(1)(c):

(a) Unless the individual is temporarily unemployed, as described in section (b), or a member of a dispatching union, as described in section (c), a federal employee as described in section (d), or otherwise directed by the director or an authorized representative of the Employment Department, they must conduct at least five work-seeking activities per week. Two of the five work-seeking activities must be a direct contact with an employer who might hire the individual.

(A) Work seeking activities include but are not limited to registering for job placement services with the Employment Department, attending job placement meetings sponsored by the Employment Department, participating in a job club or networking group dedicated to job placement, updating a resume, reviewing the newspaper or job placement web sites without responding to a posted job opening, and making direct contact with an employer.

(B) Direct contact with an employer means making contact with an employer in person, by phone, mail, or electronically to inquire about a job opening or applying for job openings in the manner required by the hiring employer.

(b) For an individual who is temporarily unemployed:

(A) They are considered to be actively seeking work when they remain in contact with their regular employer and are capable of accepting and reporting for any suitable work with that employer;

(B) There is a reasonable expectation that they will be returning to work for their regular employer. The work the individual is returning to must be full time or pay an amount that equals or exceeds their weekly benefit amount;

(C) The department will not consider the individual to be temporarily unemployed if they were separated from their employer for reasons other than a lack of work, the work the individual is returning to is not with their most recent employer, or the length the individual is unemployed is longer than the period described in subsection (D) of this section; and

(D) The department will consider that the period for which an individual is temporarily unemployed:

(i) Begins the last date the individual performed services for the employer. In the case of an individual still working for the employer, it is the last date worked during the week in which the individual had earnings less than their weekly benefit amount; and

(ii) Cannot be greater than four weeks between the week the individual became temporarily unemployed and the week the individual returns to work as described in subsection (B) of this section.

(c) For an individual who is a member in good standing of a union that does not allow members to seek non-union work, such individual is actively seeking work by remaining in contact with that union and being capable of accepting and reporting for work when dispatched by that union if the union dispatches its members for work. If the union does not allow its members to accept non-union work but does not dispatch their members to available work, the individual must meet the requirements of subsection (a) of this section.

(d) For an individual who is a federal employee temporarily unemployed due to a government shutdown and expects to resume work with their regular employer once the shutdown ends, they are considered to be actively seeking work when they remain in contact with their regular employer and are capable of accepting and reporting for any suitable work with that employer.

(e) For an individual who is filing a continued claim for the first week of an initial or additional claim:

(A) If the individual worked less than full time and remuneration paid or payable to the individual for services performed during the week is less than the individual’s weekly benefit amount, each day the individual worked for the employer shall be considered a direct employer contact.

(B) An individual does not meet the requirements of this subsection if the individual performed no work for an employer during the first week of an initial or additional claim; therefore the individual must seek work consistent with subsection (a) of this section.

(f) In determining whether to modify the requirements in this section for an individual the Employment Department may consider among other factors, length of unemployment, economic conditions in the individual's labor market and prospective job openings, weather conditions affecting occupations or industries, seasonal aspects of the individual's regular occupation, expected date of return to work in regular occupation, seniority status of individual, registration with a union hiring hall and normal practices for obtaining the type of work which the individual is seeking pursuant to section (1) of this rule. The department shall provide a written copy of the work search requirements to the individual if the individual’s work search requirements are modified.

(6)(a) An individual's normal labor market shall be the geographic area surrounding the individual's permanent residence within which employees in similar circumstances are generally willing to commute to seek and accept the same type of work at a comparable wage. The geographic area shall be defined by employees of the Employment Department, based on criteria set forth in this section;

(b) When an individual seeks work through a union hiring hall, the individual's normal labor market area for the work sought is the normal referral jurisdiction of the union, as indicated by the applicable contract.

(7) Nothing in this rule shall prohibit an individual who is a citizen, permanent legal resident, or otherwise legally authorized to work in the United States from seeking work in other labor market areas in any state or country.

History

Statutory/Other Authority: ORS 657.610 & ORS 657.100
ED 6-2022, minor correction filed 03/21/2022, effective 03/21/2022
ED 5-2022, amend filed 03/09/2022, effective 03/13/2022
ED 4-2021, temporary amend filed 09/23/2021, effective 09/26/2021 through 03/24/2022
ED 5-2020, temporary amend filed 07/30/2020, effective 08/02/2020 through 12/26/2020
ED 6-2019, amend filed 12/06/2019, effective 12/08/2019
ED 55-2018, amend filed 03/30/2018, effective 04/01/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 1-2006, f. 1-5-06, cert. ef. 1-8-06
ED 8-2004, f. 12-17-04, cert. ef. 12-19-04
ED 5-2003, f. 4-11-03, cert. ef. 4-13-03
ED 2-1997, f. 10-24-97, cert. ef. 11-3-97
ED 5-1994(Temp), f. 10-13-94, cert. ef. 10-16-94
ED 2-1992, f. & cert. ef. 6-29-92
1DE 1-1982, f. & cert. ef. 6-30-82
1DE 5-1979, f. & cert. ef. 8-27-79
1DE 4-1979(Temp), f. & cert. ef. 7-5-79
1DE 151, f. 9-28-77, cert. ef. 10-4-77

Or. Admin. R. 471-030-0037 Prevailing Rate of Pay

(1) For the purposes of ORS 657.176(2)(d), and for the purposes of ORS 657.195(1)(b), work is not suitable if the rate of pay is substantially less favorable than the rate prevailing in the locality. A rate of pay is substantially less favorable than the rate prevailing in the locality when the rate of pay is at least ten percent lower than the median rate of pay for similar work in the locality. The median rate of pay prevailing in the locality shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.

(2) In applying the provisions of ORS 657.176(2)(e), and for the purposes of 657.195(1)(b), if inadequate rate of pay was one of the reasons for refusing to accept new work, the work is not suitable if the rate of pay is substantially less favorable than the rate of pay prevailing in the locality. A rate of pay is substantially less favorable than the rate prevailing in the locality when the rate of pay is at least ten percent lower than the median rate of pay for similar work in the locality. The median rate of pay prevailing in the locality shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.176(2)(d), 657.176(2)(e) & 657.195(1)(b)
ED 14-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 6-2011, f. & cert. ef. 8-3-11
ED 2-2011(Temp), f. 2-18-11, cert. ef. 3-1-11 thru 8-28-11
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 2-1992, f. & cert. ef. 6-29-92
ED 2-1991, f. & cert. ef. 10-14-91
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0038 Work Separations, Job Referrals and Job Refusals

(1)(a) As used in ORS 657.176(2)(a), (b) and (c) and sections (1) through (5) of this rule the term "work" means the continuing relationship between an employer and an employee. An employment relationship exists even in circumstances where the work performed is not subject employment as set forth in ORS Chapter 657. This section does not apply where no employment relationship exists because the worker is an independent contractor or operating an independently established business. With the exception of the provisions of ORS 657.221(2)(a), the date an individual is separated from work is the date the employer-employee relationship is severed. In the case of individuals working for temporary agencies, employee leasing companies, or under a governmental program where a state agency serves as the employer of record for individuals performing home care services, the employment relationship shall be deemed severed at the time that a work assignment ends.

(b) In the case of absence due to labor dispute, the employee is separated from work on the date there is a complete dissociation from all participation in the labor dispute and no re-employment rights are claimed.

(c) As used in this rule, "wantonly negligent" means indifference to the consequences of an act or series of actions, or a failure to act or a series of failures to act, where the individual acting or failing to act is conscious of his or her conduct and knew or should have known that his or her conduct would probably result in a violation of the standards of behavior which an employer has the right to expect of an employee.

(d) As used in this rule, the following standards apply to determine whether an "isolated instance of poor judgment" occurred:

(A) The act must be isolated. The exercise of poor judgment must be a single or infrequent occurrence rather than a repeated act or pattern of other willful or wantonly negligent behavior.

(B) The act must involve judgment. A judgment is an evaluation resulting from discernment and comparison. Every conscious decision to take an action (to act or not to act) in the context of an employment relationship is a judgment for purposes of OAR 471-030-0038(3).

(C) The act must involve poor judgment. A decision to willfully violate an employer's reasonable standard of behavior is poor judgment. A conscious decision to take action that results in a wantonly negligent violation of an employer's reasonable standard of behavior is poor judgment. A conscious decision not to comply with an unreasonable employer policy is not misconduct.

(D) Acts that violate the law, acts that are tantamount to unlawful conduct, acts that create irreparable breaches of trust in the employment relationship or otherwise make a continued employment relationship impossible exceed mere poor judgment and do not fall within the exculpatory provisions of OAR 471-030-0038(3).

(e) For purposes of this rule, “compelling family reasons” means:

(A) Domestic violence, as defined in OAR 471-030-0150, which causes the individual reasonably to believe that the individual’s continued employment would jeopardize the safety of the individual or a member of the individual’s immediate family; or

(B) The illness or disability of a member of the individual’s immediate family necessitates care by another and the individual’s employer does not accommodate the employee’s request for time off; or

(i) To a place from which it is impractical for such individual to commute; and

(ii) Due to a change in location of the spouse’s or domestic partner’s employment.

(f) As used in OAR 471-030-0150 and this rule, "a member of the individual’s immediate family” includes spouses, domestic partners, parents, and minor children under the age of 18, including a foster child, stepchild or adopted child.

(2) The distinction between voluntary leaving and discharge is:

(a) If the employee could have continued to work for the same employer for an additional period of time the separation is a voluntary leaving of work;

(b) If the employee is willing to continue to work for the same employer for an additional period of time but is not allowed to do so by the employer the separation is a discharge.

(3)(a) As used in ORS 657.176(2)(a) and (b) a willful or wantonly negligent violation of the standards of behavior which an employer has the right to expect of an employee is misconduct. An act or series of actions that amount to a willful or wantonly negligent disregard of an employer's interest is misconduct.

(b) Isolated instances of poor judgment, good faith errors, unavoidable accidents, absences due to illness or other physical or mental disabilities, or mere inefficiency resulting from lack of job skills or experience are not misconduct.

(c) The willful or wantonly negligent failure to maintain a license, certification or other similar authority necessary to the performance of the occupation involved is misconduct, so long as such failure is reasonably attributable to the individual.

(d) Discharge for “compelling family reasons,” when the individual has made the attempt to maintain the employer-employee relationship, is not misconduct.

(4) Good cause for voluntarily leaving work under ORS 657.176(2)(c) is such that a reasonable and prudent person of normal sensitivity, exercising ordinary common sense, would leave work. For an individual with a permanent or long-term "physical or mental impairment" (as defined at 29 CFR §1630.2(h)) good cause for voluntarily leaving work is such that a reasonable and prudent person with the characteristics and qualities of such individual, would leave work. Except as provided in OAR 471-030-0038(5)(g), for all individuals, the reason must be of such gravity that the individual has no reasonable alternative but to leave work.

(5) In applying section (4) of this rule:

(a) If an individual leaves work to accept an offer of other work good cause exists only if the offer is definite and the work is to begin in the shortest length of time as can be deemed reasonable under the individual circumstances. Furthermore, the offered work must reasonably be expected to continue, and must pay:

(A) An amount equal to or in excess of the weekly benefit amount; or

(B) An amount greater than the work left.

(b) Leaving work without good cause includes, but is not limited to:

(A) Leaving suitable work to seek other work;

(B) Leaving work rather than paying union membership dues;

(D) Leaving to attend school, unless required by law;

(E) Willful or wantonly negligent failure to maintain a license, certification or other similar authority necessary to the performance of the occupation involved, so long as such failure is reasonably attributable to the individual;

(F) Resignation to avoid what would otherwise be a discharge for misconduct or potential discharge for misconduct;

(G) Leaving work for self employment.

(c) Good cause for voluntarily leaving work while on layoff status shall be determined solely under the provisions of section (4) of this rule without regard to the provisions of subsections (a) and (b) of this section;

(d) Reduction in rate of pay: If an individual leaves work due to a reduction in the rate of pay, the individual has left work without good cause unless the newly reduced rate of pay is ten percent or more below the median rate of pay for similar work in the individual's normal labor market area. The median rate of pay in the individual's labor market shall be determined by employees of the Employment Department adjudicating office using available research data compiled by the department.

(A) This section applies only when the employer reduces the rate of pay for the position the individual holds. It does not apply when an employee's earnings are reduced as a result of transfer, demotion or reassignment.

(B) An employer does not reduce the rate of pay for an employee by changing or eliminating guaranteed minimum earnings, by reducing the percentage paid on commission, or by altering the calculation method of the commission.

(D) If the Employment Department cannot determine the median rate of pay, the provisions of OAR 471-030-0038(4) apply.

(e) Reduction in hours: If an individual leaves work due to a reduction in hours, the individual has left work without good cause unless continuing to work substantially interferes with return to full time work or unless the cost of working exceeds the amount of remuneration received;

(f) Where the gravity of the situation experienced by the individual results from his or her own deliberate actions, to determine whether good cause exists, the actions of the individual in creating the grave situation must be examined in accordance with the provisions of section (4) of this rule.

(g) Leaving work with good cause includes, but is not limited to, leaving work due to compelling family reasons.

(6) As used in ORS 657.176(2)(d) and (e), the term "work" means the performance of services for which remuneration, compensation or wages is intended to be received or earned. Good cause as used in ORS 657.176(2)(d) and (e) is such that a reasonable and prudent person, exercising ordinary common sense, would refuse to apply for available suitable work when referred by the employment office or accept suitable work when offered by the employer. For an individual with a permanent or long-term "physical or mental impairment" (as defined at 29 CFR Sec. 1630.2(h)) good cause is such that a reasonable and prudent person with the characteristics and qualities of such individual, would refuse to apply for available suitable work when referred by the employment office or accept suitable work when offered by the employer. In determining disqualification under this section, consideration shall be given to suitable work factors and exceptions as set forth in ORS 657.190 and 657.195.

History

Statutory/Other Authority: 657.260, 657.265, 657.610 & ORS 657.176
Statutes/Other Implemented: ORS 657.176 & ORS 410.619
ED 6-2020, minor correction filed 09/22/2020, effective 09/22/2020
ED 59-2018, amend filed 12/21/2018, effective 12/23/2018
ED 15-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 6-2011, f. & cert. ef. 8-3-11
ED 2-2011(Temp), f. 2-18-11, cert. ef. 3-1-11 thru 8-28-11
ED 6-2009, f. 10-30-09, cert. ef. 11-1-09
ED 1-2009(Temp), f. 6-25-09, cert. ef. 6-29-09 thru 12-26-09
ED 8-2004, f. 12-17-04, cert. ef. 12-19-04
ED 13-2001, f. 11-2-01, cert. ef. 11-4-01
ED 7-2001(Temp), f. 5-17-01, cert. ef. 5-20-01 thru 11-11-01
ED 6-1999, f. 9-23-99, cert. ef. 9-26-99
ED 4-1993, f. & cert. ef. 11-22-93
ED 2-1993(Temp), f. & cert. ef. 8-12-93
ED 5-1992, f. & cert. ef. 12-14-92
1DE 2-1986, f. & ef. 4-14-86
1DE 1-1984, f. & ef. 3-21-84
1DE 5-1979, f. & ef. 8-27-79
1DE 1-1979(Temp), f. & ef. 4-30-79

Or. Admin. R. 471-030-0039 Administrative Decisions

(1) Administrative decisions made in compliance with the requirements of ORS 657.267 and 657.268 shall be based upon reliable information, gathered as necessary by the authorized representative from the claimant, employers and other sources as appropriate.

(2) Written notice of administrative decisions shall be provided as required in ORS 657.267 and 657.268 and shall be personally delivered or mailed to the parties or their authorized agents at their last address of record.

(3) Each administrative decision for which notice is required shall contain, as a minimum:

(a) Identification of the parties;

(b) Identification of the issues, laws and rules involved;

(d) A statement allowing or denying benefits;

(e) The date of the decision;

(f) The date the decision becomes final; and

(g) A statement of appeal rights and procedures.

History

Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610, 729 & OL 1993
Statutes/Other Implemented: ORS 657.267, 657.268 & 657
ED 16-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-1994, f. & cert. ef. 9-2-94
1DE 1-1984, f. & ef. 3-21-84
1DE 4-1983(Temp), f. & ef. 9-28-83
1DE 5-1979, f. & ef. 8-27-79

Or. Admin. R. 471-030-0040 Initial, Additional, and Reopened Claims

(1) As used in these rules, unless the context requires otherwise:

(a) "Claimant" is an individual who has filed an initial, additional, or reopened claim for unemployment insurance purposes within a benefit year or other eligibility period;

(b) An "initial claim" is a new claim that is a certification by a claimant completed as required by OAR 471-030-0025 to establish a benefit year or other eligibility period;

(c) "Additional claim" is a claim certification by a claimant completed as required by OAR 471-030-0025 that restarts a claim during an existing benefit year or other eligibility period and certifies to the end of a period of employment;

(d) "Reopened claim" is a certification by a claimant completed as required by OAR 471-030-0025 that restarts a claim during an existing benefit year or other eligibility period and certifies that there was no employment in any week since last reporting on this claim;

(e) "Backdating" occurs when an authorized representative of the Employment Department corrects, adjusts, resets or otherwise changes the effective date of an initial, additional or reopened claim to reflect filing in a prior week. Backdating may occur based upon evidence of the individual's documented contact on the prior date with the Employment Department or with any other state Workforce agency, or as otherwise provided in this rule.

(2) For the purposes of filing an initial, additional, or reopened claim:

(a) When delivered in person to any Employment Department office in the state of Oregon, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the public employee who receives the document;

(b) When filed by mail, the date of filing shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of filing shall be the most probable date of mailing as determined by the Employment Department;

(c) When filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, improbable or challenged, in which case the fax receipt date, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the filing date shall be the most probable date of faxing as determined by the Employment Department;

(d) When filed by Internet, the date of filing shall be the initial date of transmission of the online claim; or

(e) When filed by telephone, the date of filing shall be the date recorded in the completed telephone initial claim record of the agency system or by an employee completing the filing of the claim record.

(f) An incomplete certification must be completed and returned within seven business days from the date of notification that the original was incomplete to preserve the original date of filing.

(3) An initial, additional, or reopened claim must be filed prior to or during the first week or series of weeks for which benefits, waiting week credit, or noncompensable credit is claimed and prior to or during the first week of any subsequent series thereafter. An initial claim is effective the Sunday of the calendar week in which it is filed. An authorized representative of the Employment Department will backdate an additional or reopened claim to the calendar week immediately preceding the week in which the request to backdate was made when a claimant requests backdating of the additional or reopened claim.

(4) The provisions of this section do not apply to an individual claiming benefits as a "partially unemployed individual," as defined in OAR 471-030-0060.

History

Statutory/Other Authority: ORS 657.610 & 657.155
Statutes/Other Implemented: ORS 657.155 & 657.260
ED 17-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 2-2013(Temp), f. 8-22-13, cert. ef. 9-1-13 thru 2-26-14
ED 14-2003, f. 12-12-03 cert. ef. 12-14-03
ED 1-1987, f. & ef. 1-12-87
1DE 1-1982, f. & ef. 6-30-82
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0042 Good Prospects

In applying the provisions of ORS 657.325(8), an individual has good prospects for obtaining work if the Director finds that the individual could be reasonably expected to obtain work in the individual’s customary occupation within four weeks from the week-ending date of the week in which the job referral or job offer was made.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.325(8)
ED 18-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1982, f. & ef. 6-30-82
1DE 7-1981, f. 10-1-81, cert. ef. 10-1-81 & 10-4-81
1DE 5-1981(Temp), f. 4-3-81, cert. ef. 4-5-81

Or. Admin. R. 471-030-0043 Customary Occupation

In applying the provisions of ORS 657.325(8), customary occupation means any work that the individual is capable of performing based on experience and training with respect to the individual’s work history during the most recent three-year period prior to the failure to accept an offer of or referral to a job.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.325(8)
ED 19-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1982, f. & ef. 6-30-82
1DE 7-1981, f. 10-1-81, cert. ef. 10-1-81 & 10-4-81
1DE 6-1981(Temp), f. & cert. ef. 4-10-81

Or. Admin. R. 471-030-0044 Systematic and Sustained Search for Work

(1) For purposes of ORS 657.325(10), the term “systematic and sustained effort to obtain work” means:

(a) “Systematic effort” is a thorough search for work conducted in accordance with a written plan that is calculated to produce positive results and that has been approved by the Director or the authorized representative.

(b) “Sustained effort” is ongoing work-seeking activity personally performed by the individual within each week for which the individual claims benefits and which is reasonably calculated to obtain work at the earliest possible time. Passive availability alone, including registration with a union or unions, a temporary/leasing agency or agencies or a state workforce agency or agencies, does not meet this standard.

(c) To satisfy the requirements of (a) and (b), above, an individual must perform a more diligent and intense effort to obtain work than that required to satisfy eligibility requirements for regular benefits.

(2) An authorized representative of the Employment Department must provide written notice, as outlined in 20 CFR Ch. V Part 615.8(h)(1)–(4), of the meaning the term “systematic and sustained effort to obtain work” to the individual as it applies to the individual’s work-seeking activities. The Department must provide this notice prior to any week for which the individual is denied eligibility as a result of the application of this term.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.325
ED 20-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

Or. Admin. R. 471-030-0045 Continued Claims

(1) As used in these rules, unless the context requires otherwise:

(a) "Continued Claim" means an application that certifies to the claimant's completion of one or more weeks of unemployment and to the claimant's status during these weeks. The certification may request benefits, waiting week credit, or non-compensable credit for such week or weeks. A continued claim must follow the first effective week of an initial, additional or reopen claim, or the claimant's continued claim for the preceding week;

(b) A "non-compensable credit week" is a week of unemployment for which benefits [shall] will not be allowed but which may qualify as a week allowed toward satisfying a disqualification as provided in ORS 657.215.

(2) A claimant, in order to obtain benefits, waiting week credit, or non-compensable credit for a week of unemployment, must file a continued claim for the week by any method approved by the Director.

(3) As directed by the Director, a continued claim must be filed:

(a) In person at any Employment Department office in the state of Oregon. When delivered in person to any Employment Department office in the state of Oregon, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the public employee who receives the document;

(b) By United States mail. When filed by mail, the date of filing shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of filing shall be the most probable date of mailing as determined by the Employment Department;

(c) By fax. When filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, improbable or challenged, in which case the fax receipt date, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the filing date shall be the most probable date of faxing as determined by the Employment Department;

(d) By Internet. When filed on line, the date of filing shall be the initial date of transmission of the on line continued claim; or

(e) By telephone. When filed by telephone, the date of filing shall be the date marked, stamped, or imprinted on the document by the agency system that records the oral request or by the employee accepting the continued claim.

(4) A continued claim must be filed no later than seven days following the end of the week for which benefits, waiting week credit, or noncompensable credit, or any combination of the foregoing is claimed, unless:

(a) The continued claim is for the first effective week of the benefit year, in which case the week must be claimed no later than 13 days following the end of the week for which waiting week credit is claimed, or

(b) The claimant routinely files weekly claims by submitting a weekly paper certification forms, in which case the week is timely if it is filed to the Employment Department no later than seven days, as per sections (3)(a)–(c) of this rule, after the Employment Department originally sent the paper certification form to the claimant.

(5) The Director may, with respect to individual claimants or groups of claimants, direct that continued claims be filed on any reporting schedule appropriate to existing facilities and conditions.

(6) The provisions of this rule do not apply to an individual claiming benefits as a "partially unemployed individual," as defined in OAR 471-030-0060.

History

Statutory/Other Authority: ORS 657.610 & 657.155
Statutes/Other Implemented: ORS 657.155 & 657.260
ED 21-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 2-2013(Temp), f. 8-22-13, cert. ef. 9-1-13 thru 2-26-14
ED 14-2003, f. 12-12-03 cert. ef. 12-14-03
ED 4-1994, f. & cert. ef. 9-2-94
ED 4-1993, f. & cert. ef. 11-22-93
1DE 1-1984, f. & ef. 3-21-84
1DE 3-1981, f. & ef. 2-16-81
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0046 Non-Cash Remuneration Applicable to Benefit Claims

(1) For the purposes of ORS 657.150(6), room and board and other non-cash remuneration provided to an individual in partial or full satisfaction for services performed, except in agricultural labor or domestic service, shall be considered as remuneration payable. The cash value of such remuneration shall be determined under the provisions of OAR 471-031-0055.

(2) “Agricultural labor,” as used in this section, means agricultural labor as defined in ORS 657.045(3), (4), (5), and (6).

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.150(6)
ED 22-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0048 Amended Monetary Determinations

(1) An individual who receives a monetary claim determination under ORS 657.266(2) may request that the determination be amended. The Director upon receipt of such a request will examine wage records submitted to the Department by employers in an attempt to locate wages and/or hours of work alleged by the claimant to be missing. If the discrepancy involves only hours of work and the claimant has provided documentary evidence of hours sufficient to make the claim valid, the Director may issue a redetermination.

(2) If as the result of an investigation additional subject wages or hours of work are made available which either allow a non-valid claim to become valid, or increase the weekly benefit amount of a valid claim, a redetermination will be issued.

(3) If as the result of an investigation all or part of the requested wages or hours of work are not included in the claim determination, the Director will so notify the claimant. If the claimant requested an amended monetary determination as provided in section (1) of this rule within the period specified by ORS 657.266(5), such notice will be given by a determination amending or affirming the initial determination. Such notice shall be subject to appeal as provided in 657.266(5).

(4) An employer is affected by an amended determination issued under ORS 657.266(3) if it is found to have paid wages to a claimant, and is potentially affected if a claimant alleges wages were paid to him or her by that employer.

(5) If, during a hearing on an initial or amended determination issued under ORS 657.266(2) or (3), an issue arises as to whether wages at issue were actually paid to claimant by an employer that was not given notice of the initial or amended determination, that employer will become a party to that hearing. If the hearing has already commenced, it will be continued to allow reasonable time for the employer to be notified of the hearing.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.266
ED 23-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 7-2011, f. & cert. ef. 8-3-11
ED 3-2011(Temp), f. 5-13-11, cert. ef. 7-1-11 thru 12-26-11
ED 2-2005, f. 4-29-05, cert. ef. 5-1-05
ED 2-1995, f. 8-29-95, cert. ef. 9-3-95
1DE 4-1981, f. & ef. 4-1-81
1DE 2-1981(Temp), f. & ef. 2-16-81

Or. Admin. R. 471-030-0049 Lost, Stolen or Destroyed Benefit Checks

The Director will proceed in the following manner when a benefit check has been lost, stolen or destroyed:

(1) For purposes of this rule:

(a) A benefit check is “lost” if the claimant never received an issued check, and the check’s whereabouts is unknown or it was received and cannot be found.

(b) A benefit check is “stolen” if the claimant never received an issued check, or it was received and the check was taken or cashed by another without the authorization of the payee, whether or not the other person’s identity is known.

(d) “Forgery” of a benefit check has the same meaning as provided in ORS 165.007 and further defined in 165.002.

(2) If the benefit check has been issued but not cashed and the claimant completes a sworn statement that the benefit check was lost, stolen or destroyed, the check will be reissued if ten days from the date the original check was issued have elapsed. If the original check and replacement check are both received and cashed by the claimant, the claimant shall be liable for repayment of the overpayment.

(2) If the benefit check has been issued and cashed and it is alleged that the check was not signed by the claimant or the claimant's authorized agent, a determination will be made on the validity of the endorsement:

(a) If the endorsement is determined to be the claimant's or the claimant’s authorized agent, the Director will so notify the claimant by letter and no replacement check will be issued;

(b) In the case of forgery, or an unauthorized, non-valid or lack of endorsement, a replacement check will be issued if the claimant is due benefits, unless the claimant participated in forgery, received any portion of the benefits, or benefited from the funds.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.255
ED 24-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-2006, f. 1-5-06, cert. ef. 1-8-06
1DE 3-1981, f. & ef. 2-16-81

Or. Admin. R. 471-030-0050 Benefit Payments

(1) Benefits shall be paid by such method as the Director may approve.

(2) The Employment Department’s primary payment method to any individual approved to receive unemployment insurance benefits is electronic funds transfer. “Electronic funds transfer” has the same meaning as provided in ORS 293.525.

(3) Individuals who do not apply for direct deposit will be paid by a stored value card, including but not limited to ReliaCard Visa.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.255
ED 25-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 6-2007, f. 11-19-07, cert. ef. 12-3-07
ED 4-2007(Temp), f. & cert. ef. 9-26-07 thru 3-23-08
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0051 Cancellation of Overpayments, Tolerance Policy

(1) When any amount due to be repaid to the Director under the provisions of ORS 657.310, 657.315 or under any federal benefit or assistance program administered by the Employment Department is less than one dollar, such amount may be determined by the Director to be uncollectible and shall be canceled in accordance with the procedures in 657.320.

(2) For the purposes of ORS 657.320(1), “the state maximum weekly benefit amount then in effect” means the state maximum weekly benefit amount in effect on the date three years after the date the decision establishing the improper payment became final.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.310, 657.315 & 657.320
ED 26-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 5-1979, f. & ef. 8-27-79
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0052 Misrepresentation Disqualification

(1) An authorized representative of the Employment Department shall determine the number of weeks of disqualification under ORS 657.215 according to the following criteria:

(a) When the disqualification is imposed because the individual failed to accurately report work and/or earnings, the number of weeks of disqualification shall be determined by dividing the total amount of benefits overpaid to the individual for the disqualifying act(s), by the maximum Oregon weekly benefit amount in effect during the first effective week of the initial claim in effect at the time of the individual's disqualifying act(s), rounding off to the nearest two decimal places, multiplying the result by four rounding it up to the nearest whole number.

(b) When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 relates to the provisions of 657.176, the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or four weeks, whichever is greater.

(c) When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (other than work and/or earnings), the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or the number of weeks in which a disqualifying act(s) occurred, whichever is greater.

(d) When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 relates to the provisions of 657.176 and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus four weeks.

(e) When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (other than work and/or earnings) and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus the number of weeks in which a disqualifying act(s) occurred relating to the provisions of 657.155 (other than work and earnings).

(2) The number of weeks of disqualification assessed under section (1) of this rule shall be doubled, but not to exceed 52 weeks, if the individual has one previous disqualification under ORS 657.215, and that prior disqualification determination has become final.

(3) Notwithstanding sections (1) and (2) of this rule, the number of weeks of disqualification under ORS 657.215 shall be 52 weeks if:

(a) The disqualification under ORS 657.215 is because the individual committed forgery; or

(b) The individual has two previous disqualifications under ORS 657.215, and those prior two disqualification determinations have become final.

(4) Notwithstanding sections (1), (2) and (3), an authorized representative of the Employment Department may determine the number of weeks of disqualification according to the circumstances of the individual case, but not to exceed 52 weeks.

(5) All disqualifications imposed under ORS 657.215 shall be served consecutively.

(6) Any week of disqualification imposed under ORS 657.215 may be satisfied by meeting all of the eligibility requirements of Chapter 657, other than 657.155(1)(e).

(7) The department will review the number of occurrences of misrepresentation when applying the penalty as described in ORS 657.310(2). An occurrence shall be counted each time an individual willfully makes a false statement or representation, or willfully fails to report a material fact to obtain benefits. The department shall use the date the individual failed to report a material fact or willfully made a false statement as the date of the occurrence. For an individual subject to disqualification by administrative action under 657.215, the penalty will be:

(a) For the first or second occurrence within 5 years of the occurrence for which a penalty is being assessed, 15 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(b) For the third or fourth occurrence within 5 years of the occurrence for which a penalty is being assessed, 20 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(c) For the fifth or sixth occurrence within 5 years of the occurrence for which a penalty is being assessed, 25 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(d) For the seventh or greater occurrence within 5 years of the occurrence for which a penalty is being assessed, 30 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(e) In cases of forgery or identity theft, 30 percent of the amount of benefits the individual received but to which the individual was not entitled.

(8)(a) Under ORS 657.215, the Director or an authorized representative of the Employment Department may determine it is proper and equitable to cancel the disqualification if:

(A) All benefits, interest, penalties, fees, and court costs have been paid in full;

(B) Three or more years have passed since the decision assessing the number of weeks of disqualification was issued; and

(C) The department has issued only one decision assessing weeks of disqualification to the individual within the last 10 years from the date of the request to cancel.

(b) For the purposes of the section (c) of this rule, an “occurrence” is each time an individual willfully makes a false statement or representation, or willfully fails to report a material fact to obtain benefits within the same willful misrepresentation decision.

(c) The Director or an authorized representative of the Employment Department shall determine the amount of weeks applicable for cancellation under ORS 657.215 according to the following criteria:

(A) The individual has satisfied the requirements of subsection (a);

(B) When the individual has committed one occurrence of violating ORS 657.215 within the same willful misrepresentation decision, the director may cancel the remaining weeks of disqualification in whole.

(C) When the individual has committed two occurrences of violating ORS 657.215 within the same willful misrepresentation decision, the director may cancel half the weeks of disqualification.

(D) When the individual has committed three or more occurrences of violating ORS 657.215 within the same willful misrepresentation decision or the disqualification under 657.215 is because the individual committed forgery, weeks of disqualification shall not be cancelled.

(d) Weeks of disqualification served prior to the request for cancellation shall not be cancelled.

History

Statutory/Other Authority: ORS 657.610 & 657.155
Statutes/Other Implemented: ORS 657.155, 657.215 & 657.310
ED 27-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 3-2013(Temp), f. 9-10-13, cert. ef. 10-1-13 thru 3-28-14
ED 8-2008, f. 5-20-08, cert. ef. 7-1-08
ED 3-2008(Temp), f. & cert. ef. 2-15-08 thru 8-13-08
ED 10-2003, f. 7-25-03, cert. ef. 7-27-03
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0053 Waiving Recovery of Overpayments

(1) The effective date of this rule is June 23, 2024.

(2) This rule addresses waiving recovery of overpayments pursuant to ORS 657.317.

(3) Overpayments will be waived if recovery of benefits is against equity and good conscience based on the following criteria

(a) Automatic waiver criteria, the individual has claimant non-fault overpayment and

(A) Has reported wages in the last four quarters that are less than or equal to 300% of the federal poverty level for a family of four, OR

(B) Is a recipient of Temporary Assistance for Needy Families (TANF) within the 60 days prior to establishing the overpayment.

(b) If automatic waiver criteria does not apply, claimants may request a waiver which will be allowed if

(A) The individual has claimant non-fault overpayment and

(i) Does not meet the automatic waiver criteria listed in subsection (a) and the size of their family, as defined in subsection (c) below, exceeds four persons and reported wages in the last 4 quarters that are less than or equal to 300% of the federal poverty level for the size of family listed by the claimant on the waiver request, OR

(ii) Was not receiving Temporary Assistance for Needy Families (TANF) at the time the overpayment was established and is receiving TANF at the time the waiver request is submitted.

(B) The individual has a claimant fault non-fraud overpayment and

(i) Has reported wages in the last four quarters that are less than or equal to 200% of the federal poverty level for a family of four, OR

(ii) The size of their family, as defined in subsection (c) below, exceeds four persons and reported wages in the last 4 quarters that are less than or equal to 200% of the federal poverty level for the size of family listed by the claimant on the waiver request, OR

(iii) Is a recipient of Temporary Assistance for Needy Families (TANF) within the 60 days prior to establishing the overpayment or is receiving TANF at the time the waiver request is submitted.

(c) For purposes of 471-030-0053 (b) (A) (i) and (B) (ii) “family” includes those individuals listed in OAR 471-030-0038(1)(f) that are financially supported by the claimant.

(d) All requests to waive a wage garnishment for claimant non-fault and claimant fault non-fraud overpayments will be considered to be requests to waive the overpayment and the criteria set forth in (3) (a) and (b) will be applied to the request.

(4) If a waiver is granted, the department will stop collection activity of the overpaid benefits that are waived. OED will give written notice of any waivers that are granted, indicating the amount of the overpaid benefits for which the waiver is granted.

(5) Any funds, which would otherwise have been restored to the balance of the claim impacted by the overpayment decision, will be removed if the overpayment is waived so the individual does not receive more than the claim’s maximum benefit amount.

(6) Waivers are effective the Sunday of the week in which the request for waiver was filed with OED. OED shall apply the provisions under OAR 471-010-0040 in determining the date the request for waiver is received.

(7) If a request for waiver of recovery is denied, the individual will receive an administrative decision as defined in OAR 471-030-0039.

(8) Overpaid benefits that have been recovered prior to the filing of a waiver request will not be waived or refunded.

(9) If the individual is paid more than once for the same week(s), only the amount in excess of the final entitlement is eligible to be waived.

(10) In applying ORS 657.315 when the individual is not eligible for a waiver under the provisions of this rule, the provisions under OAR 471-030-0320 shall apply for offsetting overpaid benefits.

(11) In applying ORS 657.317(3), a waiver will not be granted if the overpayment is a result of willful misrepresentation or fraud as established in ORS 657.215.

(12) Overpayments caused by the negotiation of an original and a replacement check that were issued for the same period pursuant to OAR 471-030-0049 will not be waived.

(13) The determination to waive recovery of overpayments under ORS 657.317 and this rule shall be made by employees authorized by the Director.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.267, 657.268, 657.315 & 657.317
ED 4-2024, amend filed 06/21/2024, effective 06/23/2024
ED 1-2023, amend filed 03/15/2023, effective 03/15/2023
ED 28-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 2-2013(Temp), f. 8-22-13, cert. ef. 9-1-13 thru 2-26-14
ED 11-2011, f. & cert. ef. 12-5-11
ED 4-2011(Temp), f. & cert. ef. 6-29-11 thru 12-15-11
ED 2-1995, f. 8-29-95, cert. ef. 9-3-95

Or. Admin. R. 471-030-0054 Theft Cases

For purposes of satisfying ORS 657.176(3)(b), any person, party or entity may present the Employment Department with the written admission.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.176
ED 29-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

Or. Admin. R. 471-030-0055 Continuous Jurisdiction

(1) In accordance with the provisions of subsection (2) of ORS 657.290, the following employees are designated by the Director as having the authority to act for and in the name of the Director in matters of reconsideration and correction of decisions and claims, to the full extent provided in subsections (1) and (2) of ORS 657.290:

(a) Assistant Director for Unemployment Insurance;

(b) Manager of Benefits.

(2) If the Director finds, as new facts not previously known to the Director or the designees specified in section (1) of this rule, that a claimant or an employing unit has suffered or would suffer substantial adverse effect because of:

(a) Misinformation provided to such party by an employee of the Employment Department; or

(b) Improper application of Employment Department Law or administrative rules by an employee of the Employment Department, the Director, or one of the designees specified in section (1) of this rule, may take appropriate action to restore to the injured party all rights and benefits which were improperly denied.

(3) Notice of action taken in accordance with the provisions of section (2) of this rule shall be provided to all other parties who may suffer substantial adverse effect as a result of the correcting action taken. Such notice shall be subject to hearing, review and appeal in accordance with ORS 657.265 to 657.282.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.290
ED 30-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 5-1992, f. & cert. ef. 12-14-92
ED 1-1987, f. & ef. 1-12-87
1DE 2-1984, f. & ef. 9-28-84
1DE 1-1984, f. & ef. 3-21-84
1DE 5-1979, f. & ef. 8-27-79
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0056 Investigatory Subpoenas

(1) Investigators or their supervisors may issue and cause to be served subpoenas which compel the attendance of witnesses, order the production of any books, papers, contracts, accounts, records, documents or other physical evidence, or both, as described in but not limited to information in ORS 657.660, in the possession of any person, company or corporation. Such subpoenas shall relate to a scheduled hearing or pertain to the discovery of information necessary to carry out the Employment Department’s statutory duties.

(2) In connection with subpoenas issued pursuant to this rule, no witness fees or mileage shall be paid other than for attendance at a scheduled hearing. When witness fees and mileage are payable pursuant to this rule, payment shall be made in the same manner and subject to the same conditions as provided for in OAR 471-040-0020(6) and (7).

(3) An employer, employing unit, company or corporation that fails to comply with a subpoena in accordance with ORS 657.660 and this rule, shall be subject to the penalty provided in 657.990(4).

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.660 & 657.990
ED 31-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-2006, f. 1-5-06, cert. ef. 1-8-06

Or. Admin. R. 471-030-0057 Payment of Benefits Due a Deceased Person

(1) Any individual who requests receipt of benefits due a deceased person in accordance with ORS 657.255(2) will be required by the Director to complete a notarized affidavit attesting to the death of the claimant and to the individual’s relationship to the claimant.

(2) If there is no surviving spouse and benefits are requested by one or more surviving children, the child requesting the benefits must furnish the Director, in addition to the affidavit required in section (1) of this rule, with statements signed by each of the other surviving children authorizing payment to the petitioning child. The statement(s) may be waived if the petitioner can demonstrate to the satisfaction of the Director that there are no other surviving children or that any other surviving child or children cannot be located.

(3) If there is no surviving spouse and no surviving children and benefits are requested by either the claimant’s mother or father, the petitioner must furnish the Director, in addition to the affidavit required in section (1) of this rule, a signed statement by the other parent authorizing payment to the petitioning parent. The statement may be waived if the petitioner can demonstrate to the satisfaction of the Director that the other parent is deceased or cannot be located.

(4) No benefit checks will be reissued to survivors other than those listed in sections (1), (2), or (3) of this rule. In the absence of a valid petition, the benefit check(s) will be canceled and the monies permanently returned to the benefit fund.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.255
ED 32-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1984, f. & ef. 3-21-84
1DE 3-1981, f. & ef. 2-16-81

Or. Admin. R. 471-030-0058 Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program

(1) The Oregon Employment Department may submit liquidated unemployment insurance overpayments and delinquent taxes for offset against federal tax refunds and federal non-tax payments through the "Treasury Offset Program" under 26 USC 6402(f) and 31 CFR 285.8. For purposes of this rule, “liquidated” means legally enforceable because:

(a) The liability is assessed by the department;

(b) The department has made written demand for payment of the liability;

(d) All relevant appeal periods for contesting the liability have expired.

(2) Notice of intent to offset. Before submitting an unemployment insurance overpayment or delinquent tax debt to Financial Management Service, U.S. Treasury for offset against a federal refund or a federal non-tax payment, the Oregon Employment Department must send written notice of intent to offset to the debtor by mail.

(3) Disagreement procedures. If a debtor disagrees with the notice of intent to offset and wants reconsideration, the debtor must submit a letter of disagreement within 60 days of the date shown on the notice of intent to offset. The debtor must provide, and the department will limit consideration to, evidence that the debt scheduled for offset is not:

(a) Past due; or

(b) Legally enforceable.

(4) If the debtor claims that the debt is not legally enforceable, the department will consider the merits of such a claim unless the issue has already been finally adjudicated by the Office of Administrative Hearings, Employment Appeals Board, or court of competent jurisdiction in a proceeding to which the department is a party.

(5) Review of disagreement. For each letter of disagreement provided by the debtor, the department will:

(a) Review evidence provided by the debtor, and

(b) Remove debtor’s name from the federal refund offset list for this debt if evidence supports the debtor’s position that the debt is not past due or is not legally enforceable.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610, 657.155, 657.260 & SB 259 2013
ED 7-2019, amend filed 12/06/2019, effective 12/08/2019
ED 33-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 5-2017, f. & cert. ef. 8-25-17
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 2-2013(Temp), f. 8-22-13, cert. ef. 9-1-13 thru 2-26-14

Or. Admin. R. 471-030-0060 Procedure for Payment of Benefits for Partial Unemployment

(1) As used in these rules, a partially unemployed individual is one who:

(a) Has been working full time and remains attached to their usual and regular employer; and

(b) Now works some but less than their customary full time hours for such employer because of lack of full time work;

(d) Expects to return to full time work for such employer.

(2) A "Notice and Verification of Partial Unemployment" is a form furnished or approved by the Employment Department which sets forth the procedures for filing unemployment insurance claims during periods of partial unemployment and makes provisions for both employer and worker certifications to facts material to a determination of eligibility for benefits.

(3) In order to claim benefits for a week of partial unemployment, an individual need not be registered for work but must:

(a) Within 30 calendar days after termination of the week for which benefits are claimed, request from the employer or an Employment Department UI Center, a "Notice and Verification of Partial Unemployment" for such week; and

(b) Mail or fax the completed notice to an Employment Department UI Center within 14 calendar days after receiving the form.

(4) A claimant who had been receiving benefits for partial unemployment may continue to file claims as a partially unemployed individual under this section for four consecutive weeks of total or part-total unemployment with no wages from the regular employer. The conditions of ORS 657.155 as respects registration shall not apply so long as the individual remains attached to the regular employer. If the claimant has no employment and no wages from such regular employer for a fifth consecutive week, he or she no longer qualifies as a partially unemployed individual. In order to continue to claim benefits, the individual must register for work and file continued claims in accordance with the provisions of OAR 471-030-0045. However, such claimant shall not be denied benefits for failure to register as stated herein if the failure was due to omission or neglect by an employee of the Employment Department to advise the claimant of such requirement.

History

Statutory/Other Authority: ORS 657 & 657.610
Statutes/Other Implemented: ORS 657.255 & 657
ED 34-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 2-1992, f. & cert. ef. 6-29-92
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0065 Discretionary Filing Procedures

(1) Pursuant to the provisions of ORS 657.155(1)(a) and to support the policy of prompt payment of benefits when due, the Director may discretionally authorize the use of special or alternative forms and procedures for filing unemployment insurance claims under any of the following conditions:

(a) Mass layoffs from employment;

(b) Irregular working schedules;

(d) Extraordinary weather conditions;

(e) Damage or impairment to Employment Department facilities;

(f) Disaster;

(g) Petroleum fuel shortages; or

(h) Other unusual conditions.

(2) In the exercise of the Director's discretion the Director shall consider:

(a) The number of claimants and employing units affected;

(b) Travel, transportation, and mailing facilities;

(d) Prospects of reemployment for unemployed workers;

(e) Labor organization involvement;

(f) Administrative expense and feasibility; and

(g) Any other factors that may be significant and material.

(3) When an official identified in section (4) of this rule finds that any of the conditions specified in section (1) of this rule exists, that official may:

(a) Waive the registration requirements of ORS 657.155 for up to four consecutive weeks for which benefits are claimed;

(b) Waive the initial, additional or reopened claim filing requirements of OAR 471-030-0040(3) to permit filing such claims in a week subsequent to the time period allowed in OAR 471-030-0040. The time extension is to be determined by the Director in a manner calculated to insure equity and provide prompt payment of benefits and may vary from one set of circumstances to another.

(4) The use of special forms and procedures as proposed by this rule may be authorized by the following employees only:

(a) Deputy Director;

(b) Assistant Director for Unemployment Insurance;

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.255
ED 35-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 1-1991, f. & cert. ef. 4-1-91
1DE 2-1984, f. & ef. 9-28-84
1DE 1-1984, f. & ef. 3-21-84
1DE 3-1981, f. & ef. 2-16-81
1DE 5-1979, f. & ef. 8-27-79
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0071 Benefit eligibility during a declared emergency

Unless otherwise provided, the provisions of this rule apply retroactively, beginning September 13, 2020.

(1) During a state of emergency declared by the Governor under ORS 401.165, or a public health emergency declared under ORS 433.441, the Director of the Employment Department may waive, otherwise limit, or modify the requirements of OAR 471-030-0036, 471-030-0038, and 471-030-0053.

(2) To the extent reasonably possible the Department shall give public notice of the new requirements. The public notice shall include the effective dates for the new requirements.

(3) The new requirements may not extend beyond 90 days from the end of the state of emergency or public health emergency.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657
ED 7-2020, adopt filed 10/22/2020, effective 10/25/2020

Or. Admin. R. 471-030-0074 School Employees

(1) The effective date of this rule shall apply retroactively to September 1, 2021.

(2) An “academic year” is the time frame within 12 months and separated by break periods in which an educational institution, program(s) within an educational institution, or location(s) of an educational institution ordinarily operates to provide courses of study.

(3) The provisions of 657.221 (5) shall apply when the individual performs the majority of their job duties in the occupation while working in the industry classified as educational services.

(4) ORS 657.167 and 657.221 apply when the individual claiming benefits was not unemployed, as defined by ORS 657.100, during the relevant period in the preceding academic year or term. The relevant period is:

(a) The week prior to the holiday or vacation period when the week(s) claimed commenced during a holiday or vacation period.

(b) The prior academic year or term when the week(s) claimed commenced during a customary recess period between academic terms or years, unless there is a specific agreement providing for services between regular, but not successive terms.

(c) The last academic year or term when the week(s) claimed commenced during a recess between non-consecutive academic terms or years when there is a specific agreement providing for services between regular, but not successive terms.

(5) The provisions of ORS 657.167 and 657.221 apply regardless of whether or not the individual performed services only during an academic year or in a year-round position.

(6) When an individual performs services for more than one educational institution, any wages earned by the individual working for an institution for which there is a contract or reasonable assurance are excluded from the determination of the individual’s weekly and maximum benefit amount during the period between academic year, term or remainder of a term.

(7) In accordance with ORS 657.660, each educational institution shall provide the Employment Department, annually, the time frames for their break, vacation, or holiday periods. Failure to do so will result in a determination based on the shortest established time frames for similar institutions.

History

Statutory/Other Authority: ORS 657.610 & 657.100(3)
Statutes/Other Implemented: 657.100(3), ORS 657.221 & 657.167
ED 7-2022, amend filed 04/15/2022, effective 04/20/2022
ED 5-2021, temporary amend filed 10/22/2021, effective 10/22/2021 through 04/19/2022
ED 1-2020, amend filed 01/03/2020, effective 01/05/2020
ED 56-2018, amend filed 04/25/2018, effective 04/29/2018
ED 1-2007, f. & cert. ef. 1-29-07
ED 13-2006(Temp), f. 12-1-06, cert. ef. 12-3-06 thru 6-1-07
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

Or. Admin. R. 471-030-0075 Contract or reasonable assurance defined

(1) The following must be present before determining whether an individual has a contract or reasonable assurance:

(a) There must be an offer of employment, which can be written, oral, or implied. The offer must be made by an individual with authority to offer employment.

(b) The offer of employment during the ensuing academic year or term must be in the same or similar capacity as the service performed during the prior academic year or term. The term ‘same or similar capacity’ refers to the type of services provided: i.e., a ‘professional’ capacity as provided by ORS 657.167 or a ‘nonprofessional’ capacity as provided by ORS 657.221.

(c) The economic conditions of the offer may not be considerably less in the following academic year, term or remainder of a term than the employment in the first year or term. The term ‘considerably less’ means the employee will not earn at least 90% of the amount, excluding employer paid benefits, than the employee earned in the first academic year or term, or in a corresponding term if the employee does not regularly work successive terms (i.e. the employee works spring term each year).

(2) An individual has a contract to perform services during the ensuing academic year, term, or remainder of a term when there is an enforceable, non-contingent agreement that provides for compensation for an entire academic year or on an annual basis.

(3) An individual has reasonable assurance to perform services during the ensuing academic year, term, or remainder of a term when:

(a) The agreement contains no contingencies within the employer’s control. Contingencies within the employer’s control include, but are not limited to, the following:

(A) Course Programming;

(B) Decisions on how to allocate available funding;

(D) Program changes;

(E) Facility availability; and

(F) Offers that allow an employer to retract at their discretion.

(b) The totality of circumstances shows it is highly probable there is a job available for the individual in the following academic year or term. Factors to determine the totality of the circumstances include, but are not limited to:

(A) Funding, including appropriations;

(B) Enrollment;

(D) The employee’s seniority;

(E) Budgeting and assignment practices of the school;

(F) The number of offers made in relation to the number of potential teaching assignments; and

(G) The period of student registration.

(4) An individual who voluntarily leaves work for good cause, as defined under OAR 471-030-0038, does not have reasonable assurance with the employer from whom the person left work.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.167 & 657.221
ED 56-2018, amend filed 04/25/2018, effective 04/29/2018
ED 4-2017, f. & cert. ef. 8-25-17
ED 2-2017(Temp), f. & cert. ef. 2-27-17 thru 8-25-17
ED 1-2007, f. & cert. ef. 1-29-07
ED 13-2006(Temp), f. 12-1-06, cert. ef. 12-3-06 thru 6-1-07
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
1DE 3-1985, f. & ef. 12-16-85
1DE 1-1984, f. & ef. 3-21-84
1DE 152, f. 9-28-77, ef. 10-4-77
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0076 Benefits for Athletes

(1) As used in ORS 657.186, "any services, substantially all of which consist of participating in sports or athletic events" means all services performed by an individual in any subject employment during their base year if such individual was engaged in remunerative sports or athletic events for 90 percent or more of the total time spent in subject employment during such base year.

(2) As used in this section, "participating in sports or athletic events" means any services performed in an athletic activity by an individual as:

(a) A regular player or team member;

(b) An alternate player or team member;

(d) An individual who, although performing no active services, is retained as a player or team member while recuperating from illness or injury.

(3) The beginning and ending dates of any sport season and the beginning and ending dates of the time period between two successive sport seasons shall be determined by the Director after taking into consideration factors of custom and practice within a particular sport, published dates for beginning and ending of a season and any other information bearing upon such determination.

(4) For the purposes of ORS 657.186, a reasonable assurance that an individual will perform services in sports or athletic events in a subsequent season is presumed to exist if:

(a) The individual has an express or implied multi-year contract which extends into the subsequent sport season; or

(b) The individual is free to negotiate with other teams or employers for employment as a participant in the subsequent sport season; and

(c) There is reason to believe that one or more employers of participants in athletic events is considering or would be desirous of employing the individual in an athletic capacity in the subsequent sport season; and

(d) The individual has not clearly and affirmatively withdrawn from participating in remunerative and competitive sports or athletic events.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.186
ED 36-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 7-2006, f. 7-5-06, cert.ef. 7-9-06
ED 2-2006(Temp), f. & cert. ef. 1-12-06 thru 7-11-06
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 5-1979, f. & ef. 8-27-79
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0077 Benefits for Aliens

(1) With respect to the application of the provisions of ORS 657.184, any data or information required of an applicant to obtain verification as to the individual’s status as an alien or a citizen shall, on the initial claim application, be uniformly applied to all individuals applying for benefits or for a determination of benefit rights, regardless of ethnic, racial, or linguistic characteristics of the applicant.

(2) When the determination that benefits are not to be paid is based upon a finding that an individual does not meet the requirements of ORS 657.184, such findings must be supported by a preponderance of the evidence.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.184
ED 37-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 5-1979, f. & ef. 8-27-79
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0079 Shared Work Plans and Benefits

(1) The beginning date for a shared work plan shall be no earlier than the week after the plan is approved.

(2) An initial claim for shared work benefits is effective the week filed. An initial claim for shared work benefits submitted prior to the start week of the employer's shared work plan will be filed effective the week the employer's shared work plan becomes effective.

(3) When an incomplete form is submitted by the employer, the Employment Department shall send a request for information to the employer. If the requested information is supplied by the employer within seven calendar days of the date of the request, the date on the original form will be honored.

(4) If an employee's work schedule is reduced by more than 50% in a week covered by a shared work plan, the employee may use hours from other paid time, such as vacation time, to bring the work hour reduction within the 10% to 50% range required to receive shared work benefits.

(5) As determined by the Department, paid time used for the purposes of serving jury duty, bereavement leave, the employee being sick, caring for a member of the employee's immediate family who is sick, or in response to a declared emergency as defined in OAR 471-030-0071 shall count as hours worked during the week. However, this does not apply when the employee misses an opportunity to work for other reasons.

(a) Example 1: An employer's shared work plan reduces the regular working hours from 40 hours to 20 hours per week (a reduction of 50%). The employer has 20 hours of work available but the employee misses a day of work to provide care for an immediate family member who is sick. The employee may use paid time for the day to bring them within the10% to 50% range required to receive shared work benefits.

(b) Example 2: An employer's shared work plan reduces regular working hours from 40 hours to 20 hours per week (a reduction of 50%). The employer has 20 hours of work available but the employee does not work some of the available hours because they traveled out of state for vacation purposes. The employee missed an opportunity to work and cannot use other paid time to bring their work hour reduction within the 10% to 50% required to receive shared work benefits.

(6) For purposes of section (5) of this rule, the term “immediate family” has the same meaning as the term is defined in OAR 471-030-0038(1)(f).

(7) The provisions of 471-030-0079(4) and (5) do not apply when an entire week of work for the shared work employer is missed.

(8) For purposes of ORS 657.155(1)(c), during any week an employee is not eligible for shared work benefits and files a claim for regular unemployment insurance benefits, the employee will be considered actively seeking work if:

(a) The employee remains in contact with the shared work employer; and

(b) The employee has been given a date to return to either full time work, their normal weekly hours of work, or to working the number of hours required to qualify for shared work benefits; and

(c) The date to return to work is within four calendar weeks following the week the employee did not meet the hourly reduction requirements for shared work eligibility.

(9) Continued claims for shared work benefits shall be completed by the shared work employee and submitted to the Employment Department no later than seven days following the end of the week for which benefits, waiting week credit, non-compensable credit week, or any combination of these is claimed. Shared work employees must provide the Employment Department all information needed to claim a week of shared work benefits. Such information may include, but is not limited to, information about work and earnings for another employer, missed opportunities to work, or other paid time used during the week being claimed.

History

Statutory/Other Authority: ORS 657.610, ORS 657.100, ORS 183.335 & ORS 183.355
Statutes/Other Implemented: ORS 657.370, ORS 657.375, ORS 657.380, ORS 657.385 & ORS 657.390
ED 3-2024, amend filed 03/15/2024, effective 03/17/2024
ED 9-2023, temporary amend filed 09/22/2023, effective 09/24/2023 through 03/21/2024
ED 2-2021, amend filed 06/21/2021, effective 06/25/2021
ED 9-2020, temporary suspend filed 12/24/2020, effective 12/27/2020 through 06/24/2021
ED 38-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 3-2016, f. & cert. ef. 8-1-16

Or. Admin. R. 471-030-0080 Career and Technical Training

(1) Career and technical training, as defined in ORS 657.335, shall not be approved by the Director unless the public or private institution, school, or agency offering such program is certified or licensed by the Oregon State Board of Education, the Superintendent of Public Instruction, the Oregon Workforce Investment Board, or another Oregon State agency authorized to grant such certification or license or an equivalent state agency in the state where the training is to be provided.

(2) Career and technical training shall not be approved by the Director if the Director finds that the planned curriculum of classes and course activity is less than the equivalent of full-time student status as defined by the training provider. The Director may waive this requirement if:

(a) Classes needed to complete the training are not available to the individual; or

(b) The number of classes needed to complete the training is less than the equivalent of a full-time schedule.

(3) To receive benefits for any week during career and technical training, a dislocated worker who is otherwise eligible for unemployment insurance benefits must:

(a) Submit a written application for approval of career and technical training on forms prescribed or approved for such purpose by the Director, with the Employment Department Benefits Section — UI Training Programs Unit within 90 days of:

(A) Certification as a dislocated worker; or

(B) Termination from the dislocating employment; or

(b) Submit to the Employment Department a timely claim for such week in accordance with OAR 471-030-0045(4) which establishes the individual:

(A) Was physically present in the individual’s labor market as defined in OAR 471-030-0036(6); and

(B) Attended and participated in all scheduled classes for each week of approved career and technical training; or

(C) If the individual failed to attend or participate in all scheduled classes during the week, was able and available for work; and

(c) At the end of each term provide to the Employment Department grades or completion of program documentation from the training facility which certifies that the claimant was satisfactorily pursuing the approved career and technical training; and

(4) Decisions of the Director to approve or disapprove an application for course approval or to discontinue such approval for one or more weeks during career and technical training or to approve or deny supplemental benefits under the provisions of ORS 657.335 through 657.360 shall be in writing, shall set forth the reasons therefore, and shall be served upon the claimant by mailing to the claimant's last known address of record with the Employment Department.

(5) As used in ORS 657.335(1):

(a) "Eligible dislocated workers" includes:

(A) For purposes of ORS 657.345(1), any worker attending training financed wholly or in part, or directly delivered by, a recipient or subrecipient administering Title 1B of the Workforce Investment Act of 1998 (P.L. 105-220).

(B) For purposes of ORS 657.345(2), any worker identified as dislocated by the Employment Department under ORS 657.335(1).

(b) "Unlikely to return to their previous industry or occupation” includes the following:

(A) The individual has been identified as meeting the Worker Profiling Program participation threshold developed by the Employment Department, or

(B) The individual has been permanently separated from an employer in an occupation identified as declining by the Employment Department in that geographic area in which the claimant resides, or

(C) The individual has been evaluated and referred to training by a vocational rehabilitation provider, including but not limited to Vocational Rehabilitation Division, Workers Compensation Division, or a private insurance carrier.

(c) "Long-term unemployed" means unemployed from the dislocated occupation for at least 15 of the last 26 weeks or for at least 8 consecutive weeks immediately prior to application (including survival jobs during such period).

(6) In applying the provisions of ORS 657.340, the Director may approve a program of instruction, including transfer credit programs of instruction given at community colleges, leading toward a baccalaureate or higher degree or training that has for its purpose the preparation of persons for employment in occupations which require a baccalaureate or higher degree from institutions of higher education if:

(a) The individual does not have significant transferable skills for other occupations in the statewide labor market;

(b) Unless previously approved in accordance with the provisions of Title IB of the Workforce Investment Act of 1998 (P.L. 105-220), the individual is within 48 quarter credit hours (or the semester equivalent) from completing the baccalaureate or higher degree; and

(7) As used in ORS 657.340(2), "attendance in career and technical training" means the period of time beginning with the starting date of the training and ends with satisfactory completion of the training program. The period of time defined in this section includes customary academic recesses for holidays and between academic terms but does not include the customary academic summer recess. For purposes of applying 657.340(2), an individual may be determined not to be in "attendance in career and technical training" as defined in this section if the individual fails to demonstrate satisfactory progress and attendance as defined in section (3) of this rule.

(8) As used in ORS 657.340(3), "terms and conditions" includes "benefit year" as defined in 657.010(3). In applying the provisions of 657.340(3), the benefit year of an eligible dislocated worker may be extended, whether or not the benefit year has expired, if the eligible dislocated worker has not filed a subsequent initial claim establishing a new benefit year.

(9) The determination that an individual meets the definition of dislocated worker may be made by the Employment Department for purposes of paying benefits under ORS 657.335 to 657.360.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.335 - 657.360
ED 39-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 3-2012, f. & cert. ef. 3-5-12
ED 10-2011(Temp), f. & cert. ef. 9-13-11 thru 3-9-12
ED 11-2008, f. & cert. ef. 9-16-08
ED 10-2005, f. 12-29-05, cert. ef. 1-1-06
ED 11-2003, f. 7-25-03, cert. ef. 7-27-03
ED 8-2002, f. 11-22-02 cert. ef. 11-24-02
ED 6-2001, f. 4-20-01, cert. ef. 4-22-01
ED 5-2001(Temp), f. 4-6-01, cert. ef. 4-7-01 thru 10-4-01
ED 5-2000, f. 10-6-00, cert. ef. 10-8-00 thru 4-6-01
ED 1-1996, f. 4-24-96, cert. ef. 4-29-96
ED 4-1994, f. & cert. ef. 9-2-94
ED 1-1993, f. & cert. ef. 3-22-93
ED 4-1992(Temp), f. & cert. ef. 10-19-92
ED 3-1992, f. & cert. ef. 6-29-92
Reverted to ED 1-1991, f. & cert. ef. 4-1-91
ED 4-1991(Temp), f. & cert. ef. 12-30-91
ED 1-1991, f. & cert. ef. 4-1-91
1DE 2-1983, f. & ef. 8-12-83
1DE 1-1983(Temp), f. & ef. 3-9-83
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-030-0081 Relief of Charges to Employers

(1) For the purposes of ORS 657.471(7)(a)(B), the "most recent separation from the employer" means the latest separation from such employer at the time notice of an initial valid determination of a claim filed by an individual is mailed to the employer's last known address as shown by the records of the Employment Department.

(2) The effective date for implementing this rule shall apply retroactively, beginning October 7, 2013.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.471(7)
ED 40-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 5-2014, f. & cert. ef. 10-28-14
ED 4-2014(Temp), f. & cert. ef. 5-19-14 thru 11-1-14
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0082 Charge Relief for Part-Time Work

(1) For purposes of ORS 657.471(9)(a) and (c):

(a) "Part-time work" means hours of work which are less than full-time as defined in OAR 471-030-0022;

(b) "Substantially the same amount" means wages have been earned by the part-time employee, with respect to a week in the benefit year, in an amount equal to 90 percent or more of the claimant's average part-time weekly base year wage as determined in accordance with section (2) of this rule.

(2) A claimant's average part-time weekly base year wage shall be calculated by dividing the claimant's total base year part-time wages paid by the employer requesting relief of charges, by the total weeks of part-time work associated with such wages.

(3) The effective date for implementing this rule shall apply retroactively, beginning October 7, 2013.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.471(10)
ED 41-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 5-2014, f. & cert. ef. 10-28-14
ED 4-2014(Temp), f. & cert. ef. 5-19-14 thru 11-1-14
1DE 2-1984, f. & ef. 9-28-84

Or. Admin. R. 471-030-0083 Employer Penalties

For the purposes of ORS 657.471:

(1) A request for information means when the Department asks an employer or its representative to provide the Department with information regarding Unemployment Insurance by:

(a) A written notice of claim filing as provided in ORS 657.265, where an individual was discharged, suspended, or voluntarily left work;

(b) Any communication made by mail, telephone, or electronically, to an employer or agent of the employer relating to a notice of claim filing as provided in ORS 657.265 regarding an individual’s discharge, suspension, or voluntary leaving work;

(c) Any communication made by mail, telephone, or electronically, to an employer or agent of the employer in order for the department to make a determination under ORS 657.215.

(2) An employer or agent of the employer has failed to respond timely when they do not respond within the time frame provided by the department to a request for information.

(3) An employer or agent of the employer has failed to respond adequately when:

(a) The employer or agent of the employer does not respond to a request for information; or

(b) The employer or agent of the employer responds to a request for information but provides incomplete or inaccurate information to the questions asked.

(4) An employer or agent of the employer has established a pattern when the employer or agent of the employer has failed to respond timely or adequately to the greater of:

(a) More than (2%) of the requests for information; or,

(b) More than (2) requests for information.

(5) For the purposes of this rule, the department will determine if the employer or agent of the employer has established a pattern of failing to respond timely or accurately to requests for information by reviewing requests for information during the previous twelve months ending the month prior to which the decision creating the overpayment of unemployment insurance benefits is issued.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: 657.610, 657.155, 657.260 & 657.471
ED 42-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14

Or. Admin. R. 471-030-0095 Claim Cancellations

(1) An initial or amended determination may be canceled at any time provided the requirements of ORS 657.266(4) are met.

(2) Requests for cancellation may be taken by phone or in writing. Any written request must be signed by the claimant or by an authorized agent of the claimant.

(3) Cancellation will be denied if benefits have been paid. Benefits have been paid if the claimant negotiates a benefit check or if the claimant's account in a bank or similar financial institution has been credited with one or more benefit payments.

History

Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & OL 1993 Ch. 729
Statutes/Other Implemented: ORS 657.266(4)
ED 43-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2005, f. 4-29-05, cert. ef. 5-1-05
ED 4-1994, f. & cert. ef. 9-2-94
1DE 151, f. 9-28-77, ef. 10-4-77

Or. Admin. R. 471-030-0097 Labor Disputes

The term “labor dispute” as used in the Employment Department law means any concerted or deliberate action by two or more individuals or by an employing unit resulting in either a strike or lockout in which wages, hours, working conditions or terms or employment of the individuals are involved.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.200
ED 44-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 1-1982, f. & ef. 6-30-82
1DE 7-1980, f. & ef. 11-3-80
1DE 4-1980(Temp), f. & ef. 5-16-80

Or. Admin. R. 471-030-0100 Maximum Benefit Amount

For purposes of ORS 657.176(4) the term “maximum benefit amount” shall be the amount of benefit entitlement established under 657.150(5).

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.176(4)
ED 45-2018, minor correction filed 01/11/2018, effective 01/11/2018
1DE 8-1981, f. & ef. 11-2-81

Or. Admin. R. 471-030-0120 Jury Duty

For purposes of ORS 657.155(1)(c), an individual who is in all respects otherwise eligible for unemployment insurance benefits shall not be denied benefits solely by reason of serving on jury duty provided:

(1) The individual does not miss an opportunity to perform suitable work as a result of jury duty; and

(2) The individual actively sought work during the hours and days of the week in which the individual was not engaged in serving on jury duty.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.155(1)(c)
ED 46-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2005, f. 4-29-05, cert. ef. 5-1-05
1DE 1-1982, f. & ef. 6-30-82

Or. Admin. R. 471-030-0125 Drug, Cannabis, and Alcohol Adjudication Policy

(1) Purpose. For purposes of any applicable provision of ORS 657.176, this rule establishes policy for adjudicating cases involving the use, sale, possession or effects of drugs, cannabis, or alcohol in the workplace.

(2) Definitions. For the purposes of this rule:

(a) For purposes of ORS 657.176(9), "workplace" means the employer's premises or any place at or in which an individual performs services for the employer or otherwise acts within the course and scope of employment.

(b) For purposes of ORS 657.176(9), an individual "fails or refuses to take" a drug, cannabis, or alcohol test when the individual does not take the test as directed by the employer in accordance with the provisions of an employer's reasonable written policy or collective bargaining agreement.

(c) For purposes of ORS 657.176(9) and 657.176(13), an individual is "under the influence" of intoxicants if, at the time of a test administered in accordance with the provisions of an employer's reasonable written policy or collective bargaining agreement, the individual has any detectable level of drugs, cannabis, or alcohol present in the individual's system, unless the employer otherwise specifies particular levels of drugs, cannabis, or alcohol in its policy or collective bargaining agreement.

(d) "Performing services for the employer" as used in ORS 657.176(9) and "during work" as used in ORS 657.176(9) mean that an employee is on duty and is, or is expected to be, actively engaged in tasks as directed or expected by the employer for which the employee will or expects to be compensated with remuneration.

(e) For purposes of ORS 657.176(9), an individual "tests positive" for alcohol, cannabis, or an unlawful drug when the test is administered in accordance with the provisions of an employer's reasonable written policy or collective bargaining agreement, and at the time of the test:

(A) The amount of drugs, cannabis, or alcohol determined to be present in the individual's system equals or exceeds the amount prescribed by such policy or agreement; or

(B) The individual has any detectable level of drugs, cannabis, or alcohol present in the individual's system if the policy or agreement does not specify a cut off level.

(f) An individual fails a test for alcohol, cannabis, or unlawful drugs when the individual tests positive as described in subsection (e) of this section.

(g) For purposes of ORS 657.176(9) and 657.176(13), "unlawful drug" means a drug which is unlawful for the individual to use, possess, or distribute under Oregon law. This term does not include a drug prescribed and taken by the individual under the supervision of a licensed health care professional and used in accordance with the prescribed directions for consumption, or other uses authorized by law.

(h) "Connection with employment" as used in ORS 657.176(9) means where such positive test affects or has a reasonable likelihood of affecting the employee's work, the employer's interest, or workplace.

(i) For purposes of ORS 657.176(9):

(A) "Recognized drug, cannabis, or alcohol rehabilitation program" means a program authorized and licensed by the State of Oregon, or another state.

(B) "Documentation of participation in the program" means a signed statement by an authorized representative of the recognized program that the individual is or was participating in a treatment program.

(C) "Participation" means to be engaged in a course of treatment through a recognized drug, cannabis, or alcohol rehabilitation program.

(3) For purposes of ORS 657.176(9), (10), and 657.176(13), a written employer policy is reasonable if:

(a) The policy prohibits the use, sale, possession, or effects of drugs, cannabis, or alcohol in the workplace; and

(b) The policy does not require the employee to pay for any portion of the test; and

(d) When the policy provides for drug, cannabis, or alcohol testing, the employer has:

(A) Probable cause for requiring the individual to submit to the test; or

(B) The policy provides for random, blanket or periodic testing.

(4) Probable Cause for Testing. For purposes of ORS 657.176(9), an employer has probable cause to require an employee to submit to a test for drugs, cannabis, alcohol, or a combination thereof if:

(a) The employer has, prior to the time of the test, observable, objective evidence that gives the employer a reasonable basis to suspect that the employee may be impaired or affected by drugs, cannabis, or alcohol in the workplace. Such evidence may include, but is not limited to, abnormal behavior in the workplace, a change in productivity, repeated tardiness or absences, or behavior which causes an on-the-job injury or causes substantial damage to property; or

(b) The employer has received reliable information that a worker uses or may be affected by drugs, cannabis, or alcohol in the workplace; or

(c) Such test is required by applicable state or federal law, or an applicable collective bargaining agreement that has not been declared invalid in final arbitration; or

(d) Such test is required or allowed pursuant to a reasonable agreement.

(5) Random, blanket and periodic testing. For purposes of ORS 657.176(9) and (10):

(a) A "random test for drugs, cannabis, or alcohol, or a combination thereof" means a test for drugs, cannabis, or alcohol, or a combination thereof given to a sample drawn from a population in which each member of the population has an equal chance to be selected for testing.

(b) A "periodic test for drugs, cannabis, or alcohol, or a combination thereof" means a drug, cannabis, or alcohol test or a combination thereof administered at prescribed intervals.

(c) A "blanket test for drugs, cannabis, or alcohol, or a combination thereof" means a test for drugs, cannabis, or alcohol, or a combination thereof applied uniformly to a specified group or class of employees.

(6) For purposes of ORS 657.176(9), (10), and (13), no employer policy is reasonable if the employer does not follow their own policy.

(7) For purposes of ORS 657.176(13), a reasonable agreement is a document signed by the employee as a condition of continued employment and:

(a) The agreement may require the employee to submit to drug, cannabis, or alcohol testing;

(b) The agreement may not require the employee to pay for the test; and

(8) Failure to Apply or Failure to Accept:

(a) A requirement that job candidates submit to a pre-employment drug, cannabis, or alcohol test does not make the work unsuitable for purposes of ORS 657.176(2) and 657.190.

(b) If, after being referred by the Employment Department, an individual does not apply for otherwise suitable work because the employer requires a pre-employment drug, cannabis, or alcohol test, the individual has committed a disqualifying act, unless the individual is required to pay for costs associated with the drug, cannabis, or alcohol test.

(c) If an individual does not accept an offer of otherwise suitable work because the employer requires pre-employment drug, cannabis, or alcohol testing, the individual has committed a disqualifying act, unless the individual is required to pay for the costs associated with the drug, cannabis, or alcohol test.

(9) The employee is discharged or suspended for committing a disqualifying act if:

(a) The employee violates or admits a violation of a reasonable written employer policy governing the use, sale, possession or effects of drugs, cannabis, or alcohol in the workplace; unless in the case of drugs the employee can show that the violation did not result from unlawful drug use.

(b) In the absence of a test, there is clear observable evidence that the employee is under the influence of alcohol in the workplace.

(10) For the purposes of ORS 657.176(9) and (10):

(a) Testing for drugs, cannabis, or alcohol must be conducted in accordance with ORS 438.435.

(b) Breathalyzer tests for alcohol must be conducted in accordance with ORS 659A.300 and ORS 659.840.

(11) If the employer discharges or suspends an employee because of use, sale, or possession of drugs, cannabis, or alcohol in the workplace and the employer has no written policy regarding the use, sale, or possession of drugs, cannabis, or alcohol in the workplace, the provisions of OAR 471-030-0038 apply.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.176 & Ch. 792 & OL 2003 (SB 916)
ED 47-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-2018, amend filed 01/05/2018, effective 01/07/2018
ED 5-2006, f. 3-9-06, cert. ef. 3-12-06
ED 17-2003, f. 12-31-03, cert. ef. 1-4-04

Or. Admin. R. 471-030-0126 Absence Due to Alcohol, Cannabis, or Drug Use

(1) "Drug" has the meaning given in ORS 475.005(6);

(2) "Documentation of program participation" means a signed statement by an authorized representative of the recognized program that the individual is or was participating in a treatment program;

(3) "Participation" means to be engaged in a course of treatment through a recognized drug, cannabis, or alcohol rehabilitation program;

(4) "Recognized drug, cannabis, or alcohol rehabilitation program" means a program authorized and licensed by the State of Oregon, or authorized and licensed by another state.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.176
ED 48-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 1-2018, amend filed 01/05/2018, effective 01/07/2018
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 1-2004(Temp), f. 4-9-04, cert. ef. 4-11-04 thru 10-8-04

Or. Admin. R. 471-030-0150 Domestic Violence

(1) As used in ORS 657.176(12) and for purposes of this rule, "a member of the individual’s immediate family” has the same meaning as the term is defined in OAR 471-030-0038(1).

(2) As used in ORS 657.176(12), "domestic violence" means the physical injury, sexual assault or forced imprisonment, or threat thereof, of a person by another who is related by blood or marriage or has a significant relationship with the other person at the present, or who has been related or has had a significant relationship at some time in the past, to the extent that the person's health, safety or welfare is harmed or threatened thereby.

(3) As used in ORS 657.176(12), "stalking" means:

(a) The person intentionally, knowingly or recklessly engages in repeated and unwanted contact with the other person thereby alarming or coercing the other person;

(b) It is objectively reasonable for a person in the victim's situation to have been alarmed or coerced by the contact; and

(c) The repeated and unwanted contact causes the individual or a member of the individual’s immediate family reasonable apprehension regarding the personal safety of the individual or the family member.

(4) As used in ORS 657.176(12), "sexual assault" means any unwanted touching of the sexual or other intimate parts of a person or causing such person to touch the sexual or other intimate parts of the actor for the purpose of arousing or gratifying the sexual desire of either party.

(5) The effective date for implementing this rule shall be June 29, 2009.

History

Statutory/Other Authority: ORS 657.176 & 657.610
Statutes/Other Implemented: ORS 657.176 & HB 2767 (OL 2001)
ED 49-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 7-2009, f. 10-30-09, cert. ef. 11-1-09
ED 2-2009(Temp), f. 6-25-09, cert. ef. 6-29-09 thru 12-26-09
ED 7-2005, f. & cert. ef. 12-15-05
ED 4-2005(Temp), f. & cert. ef. 7-5-05 thru 12-17-05
ED 3-2005(Temp), f. & cert. ef. 6-24-05 thru 12-17-05
ED 13-2001, f. 11-2-01, cert. ef. 11-4-01

Or. Admin. R. 471-030-0174 Child Support Intercept Appeals

(1) An individual who has had benefits withheld pursuant to ORS 657.780 shall have appeal rights from such action. Such appeal must be filed in writing within 20 days of the mailing of an affected benefit payment and shall be confined to the issues provided in section (2) of this rule.

(2) A hearing in such cases shall be conducted by an administrative law judge assigned by the Office of Administrative Hearings. The hearing shall be conducted pursuant to OAR chapter 471, division 040, and shall be limited to the issues of the authority of the Employment Department to withhold and the accuracy of the amount so withheld, or either one.

(3) A decision of the administrative law judge shall become final on the date of notification or the mailing thereof to the Director and to the individual at the last-known address of record with the Director.

(4) Judicial review of decisions under this rule shall be as provided in ORS 183.480 for review of orders in contested cases.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.780
ED 50-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
1DE 3-1985, f. & ef. 12-16-85
1DE 2-1982, f. & ef. 12-8-82

Or. Admin. R. 471-030-0210 Interstate Reciprocal Overpayment Recovery Arrangement

(1) The following rules shall govern the Oregon Employment Department in its administrative cooperation with other States adopting similar regulations for the recovery of overpayments.

(2) Definitions: As used in these rules unless the context clearly requires otherwise:

(a) "State" includes the District of Columbia, Puerto Rico, and the Virgin Islands.

(b) "Offset" means the withholding of an amount against benefits which would otherwise be payable for a compensable week of unemployment.

(c) "Overpayment" means an improper payment of benefits, from a State or Federal unemployment compensation fund that has been determined recoverable under the Requesting State's law.

(d) "Participating State" means a State which has subscribed to the Interstate Reciprocal Overpayment Recovery Arrangement.

(e) "Paying State" means the State under whose law a claim for unemployment benefits has been established on the basis of combining wages and employment covered in more than one State.

(f) "Recovering State" means the state that has received a request for assistance from a "Requesting State".

(g) "Requesting State" means the State that has issued a final determination of overpayment and is requesting another State to assist it in recovering the outstanding balance from the overpaid individual.

(h) "Transferring State" means a State in which a Combined Wage claimant had covered employment and wages in the base period of a paying State, and which transfers such employment and wages to the paying State for its use in determining the benefit rights of such claimant under its law.

(i) "Liable State" means any state against which an individual files, through another state, a claim for benefits.

(3) Recovery of State or Federal Benefit Overpayments:

(a) Duties of the Requesting State. The requesting State shall:

(A) Send the recovering State a written request or a request using an approved electronic application for overpayment recovery assistance which includes:

(i) Certification that the overpayment is legally collectable under the requesting State's law;

(ii) Certification that the determination is final and that any rights to postponement of recoupment have been exhausted or have expired;

(iii) A statement as to whether the State is participating in cross-program offset by agreement with the U.S. Secretary of Labor; and,

(iv) A copy of the initial overpayment determination and a statement of the outstanding balance.

(B) Send notice of this request to the claimant; and

(C) Send to the recovering State a new outstanding overpayment balance whenever the requesting State receives any amount of repayment from a source other than the recovering State (e.g., interception of tax refund, etc.).

(b) Duties of Recovering State. The Recovering State shall:

(A) Issue an overpayment recovery determination to the claimant which includes at a minimum:

(i) The statutory authority for the offset;

(ii) The name of the State requesting recoupment;

(iii) The date of the original overpayment determination;

(iv) Type of overpayment (fraud or nonfraud);

(v) Program type (UI, UCFE, UCX, TRA, etc.)

(vi) Total amount to be offset;

(vii) The amount to be offset weekly;

(viii) The right to request redetermination and appeal of the determination to recover the overpayment by offset.

(B) Offset benefits payable for each week claimed in the amount determined under State law; and

(D) Prepare and forward, no less than once a month, a payment representing the amount recovered made payable to the requesting State, except as provided in section (c) below.

(E) Retain a record of the overpayment balance in its files no later than the exhaustion of benefits, end of the benefit year, exhaustion or end of an additional or extended benefits period, or other extensions of benefits, whichever is later.

(F) The Recovering State shall not redetermine the original overpayment determination.

(A) Recovery of Outstanding Overpayment in Transferring State. The paying State shall:

(i) Offset any outstanding overpayment in a Transferring State(s) prior to honoring a request from any other "Participating State" under this Arrangement.

(ii) Credit the deductions against the Statement Of Benefits Paid To Combined Wage Claimants, Form IB-6 or forward a check to the Transferring State as described in (b)(D).

(B) Withdrawal of Combined Wage Claim After Benefits Have Been Paid. Withdrawal of a Combined Wage Claim after benefits have been paid shall be honored only if the combined wage claimant has repaid any benefits paid or authorizes the new liable State to offset the overpayment.

(i) The Paying State shall issue an overpayment determination and forward a copy, together with an overpayment recovery request and an authorization to offset, with the initial claim to the new liable State.

(ii) The Recovering State (which is the new liable State) shall:

(I) Offset the total amount of any overpayment, resulting from the withdrawal of a Combined Wage claim, prior to the release of any payments to the claimant;

(II) Offset the total amount of any overpayment, resulting from the withdrawal of a Combined Wage Claim prior to honoring a request from any other Participating State under this arrangement;

(III) Provide the claimant with a notice for the amount offset; and,

(IV) Prepare and forward a check representing the amount recovered to the Requesting State as described in (b)(D).

(d) Cross-Program Offset: The Recovering State shall offset benefits payable under a State unemployment compensation program to recover any benefits overpaid under a Federal unemployment compensation program (as described in the Recovering State's Agreement with the Secretary of Labor) and vice versa, in the same manner as required under subsection (3)(b) and (c) of this Section, as appropriate, if the Recovering State and Requesting State have entered into an agreement with the U.S. Secretary of Labor to implement Section 303(g)(2) of the Social Security Act.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.155 & 657.760
ED 51-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 2-2002, f. 3-29-02, cert. ef. 3-31-02
ED 12-2001(Temp), f. 10-12-01, cert. ef. 10-14-01 thru 4-7-02

Or. Admin. R. 471-030-0215 Union Referral List

As used in ORS 657.176(11)(c), “referral list under the collective bargaining agreement” means a list of unemployed members in good standing maintained by a union/labor organization to which the worker belongs. The union/labor organization maintains the referral list for the sole purpose of selecting, notifying, directing and dispatching eligible members to job openings with employers who have a contract/collective bargaining agreement with that union/labor organization and, based on the agreement, only hire members of that union/labor organization referred by that union/labor organization to perform specific categories of job duties. A referral list does not include any list maintained by a union/labor organization solely for the purpose of rehire or recall to the worker’s former/current position.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657
ED 52-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 10-2008, f. 7-1-08, cert. ef. 8-1-08
ED 5-2008(Temp), f. & cert. ef. 4-24-08 thru 10-21-08

Or. Admin. R. 471-030-0220 Economically Distressed Worker Training

(1) As used in House Bill 3483, Enrolled Oregon 2009 Regular Session, and this rule:

(a) A “high-demand occupation” means one for which there are, or are expected to be reasonable employment opportunities in the area, or opportunities to develop a self-employment enterprise, and which are likely to become full-time endeavors paying at least 110 per cent of the minimum wage established under ORS 653.025.

(b) “High-demand occupations,” as defined in section (1) of this rule, will be determined by the Oregon Employment Department Workforce and Economic Research Section. High-demand occupations for an individual will be based upon the labor market of the individual’s permanent residence.

(c) “Attendance in economically distressed worker training” means attending training that is the equivalent of full-time status as defined by the training provider, and which begins with the starting date of the economically distressed worker training and ends with satisfactory completion of the training program. The period of time defined in this subsection includes customary academic recesses for holidays and between academic terms but does not include the customary academic summer recess.

(d) “Minimum wage” as used to determine gainful employment or self employment in HB 3483, Section 1, Subsection 1, is the minimum wage in effect at the beginning of the first week claimed under this program.

(e) “Minimum wage” as used to calculate an individual’s eligibility for economically distressed worker training in HB 3483, Section 1, Subsection 2 is the highest minimum wage in effect during the individual’s base year.

(f) “Minimum wage” as used to apply HB 3483, Section 2, is the minimum wage in effect at the time the work is offered.

(2) Application of Eligibility Criteria.

(a) The Employment Department will make the determination that an individual meets the definition of economically distressed worker for purposes of paying benefits under HB 3483. To determine whether an individual was employed in work paying less than 110 per cent of the minimum wage during the individual’s entire base year, the individual’s total base year wages will be divided by the number of hours the individual worked during the base year. The result will be compared to 110% of the applicable minimum wage, as defined in Section (1)(e) of this rule, to determine the individual’s eligibility.

(3) To receive benefits for any week while attending economically distressed worker training, an economically distressed worker who is otherwise eligible for unemployment insurance benefits must:

(a) Submit a written application for approval of economically distressed worker training on forms approved for such purpose by the Director to the Employment Department within 90 days prior to the start of training or school; and

(b) Submit to the Employment Department a timely claim for such week in accordance with procedures established in OAR 471-030-0045(4); and

(c) Attend half or more of the scheduled class days during such week unless the days missed will not prevent satisfactory completion of the approved economically distressed worker training.

(4) Decisions of the Director to approve or disapprove an application for training approval or to discontinue such approval for one or more weeks during economically distressed worker training will be issued in accordance with OAR 471-030-0039.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & 2009 HB 3483
ED 53-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 3-2010, f. & cert. ef. 4-14-10
ED 8-2009(Temp), f. 10-30-09, cert. ef. 11-1-09 thru 4-30-10

Or. Admin. R. 471-030-0225 Extended Benefits Look Back

As used in ORS 657.321 to ORS 657.329, when an individual’s benefit year ends before the start of an Extended Benefits period and federal law provides funding greater than 50% of Extended Benefits, the Director shall allow for an eligibility period that begins within the Extended Benefits period.

History

Statutory/Other Authority: ORS 657.610
ED 54-2018, minor correction filed 01/11/2018, effective 01/11/2018
ED 4-2010, f. & cert. ef. 7-16-10
ED 2-2010(Temp), f. & cert. ef. 3-3-10 thru 8-29-10

Or. Admin. R. 471-030-0235 Self-employment Assistance Program

(1) As used in ORS 657.158(1)(b), “entrepreneurial training” means training that will develop skills in organizing, operating, and assuming the risk for a business venture.

(2) As used in ORS 657.158(3)(d), “full-time basis” means 40 hours each week.

(3) Any individual eligible for “regular benefits,” as defined in ORS 657.158(1)(a), can request to participate in self-employment assistance activities in accordance with ORS 657.158.

(4) Any individual submitting an application form to participate in the Self-employment Assistance program agrees to:

(a) Meet the terms and conditions of ORS 657.156 and 657.158, and OAR 471-030-0034;

(b) Obtain any necessary occupational certifications prior to submitting the application form. The Director may waive this requirement when such requirement would be inconsistent with the policy set forth in ORS 657.158; and

(c) As specified under ORS 657.158(1)(b) and (c), provide supporting documentation as required in writing by the Employment Department to demonstrate the completion of any types of “Self-employment assistance activities” within 45 calendar days of the date the individual was approved for the Self-employment Assistance program.

(5) All applications for the Self-employment Assistance program must:

(a) Be for a business that is legal to operate under the provisions of the federal government and the laws of the state in which the individual who owns the business is practicing their business;

(b) Be for a business that the individual is legally able to operate under the provisions of the federal government and the laws of the state in which the individual who owns the business is practicing their business; and

(c) Be for a business that has been reviewed for feasibility by the Employment Department in collaboration with a local Oregon Small Business Development Center network representative.

History

Statutory/Other Authority: ORS chapter 657, ORS 657.610 & 657.158
Statutes/Other Implemented: ORS 657.158
ED 8-2019, amend filed 12/06/2019, effective 12/08/2019
ED 4-2019, renumbered from 471-020-0025, filed 08/02/2019, effective 08/04/2019
ED 5-2005, f. 7-15-05, cert. ef. 7-17-05

Or. Admin. R. 471-030-0320 Recovery by Offset of Overpaid Benefits and Recovery Periods

(1) The effective date of this rule is June 23, 2024.

(2) This rule addresses the percentage of future weekly benefits that may be offset pursuant to Oregon Revised Statute (ORS) 657.215, 657.310, and ORS 657.315.

(3) OED shall offset 100% of the benefits payable for each week claimed when the overpayment is due to misrepresentation under ORS 657.215.

(4) Effective June 23, 2024, OED shall offset 100% of the benefits payable for each week claimed when the overpayment is determined not liable for penalty under ORS 657.310(2)(a) except:

(a) If an individual meets the requirement for a waiver under OAR 471-030-0053 the overpayment is cancelled.

(b) If an individual's request for waiver submitted under OAR 471-030-0053 cannot be canceled under OAR 471-030-0053(3) and has reported wages in the last 4 quarters that are more than 200% of the federal poverty level for a family of four but less than 300% of the federal poverty level for a family of four, the department shall offset 50% of the benefits payable for each week claimed for a period of six (6) months. After six (6) months, the offset will be at 100%.

(c) When the overpayment is the result of back pay as described in OAR 471-030-0017, the department shall offset 50% of the benefits payable for each week claimed.

(5) Effective June 23, 2024, OED shall offset 50% of the benefits payable for each week claimed when the overpayment is determined to have been paid erroneously under ORS 657.315 including when the overpayment is the result of back pay as described in OAR 471-030-0017, except:

(a) If an individual meets the requirement for a waiver under OAR 471-030-0053 the overpayment is cancelled.

(b) If an individual's request for waiver submitted under OAR 471-030-0053 cannot be canceled under OAR 471-030-0053(3) and has reported wages in the last 4 quarters that are more than 300% of the federal poverty level for a family of four but less than 400% of the federal poverty level for a family of four, the department shall offset 0% of the benefits payable for each week claimed for a period of six (6) months. After six (6) months, the offset will be at 50%.

(6) OED will reconsider at any time the offset requirements provided in sections (4) and (5) of this rule if the individual's financial situation changes and the individual:

(a) Submits a new request for waiver; and

(b) Submits a statement explaining the change in their financial situation.

(7) Offsetting overpaid benefits, as described in sections (4) and (5) of this rule, is limited to the five years following the week in which the decision establishing an overpayment became final. When a decision is issued under ORS 657.306 the five years begins immediately following the week the decision establishing an overpayment became final.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.215, 657.267, 657.268, 657.306, 657.310, 657.315, 657.317 & 657.320
ED 4-2024, amend filed 06/21/2024, effective 06/23/2024
ED 1-2023, adopt filed 03/15/2023, effective 03/15/2023

Division 31 UNEMPLOYMENT INSURANCE TAXES

Or. Admin. R. 471-031-0005 Payroll Records

(1) Every employing unit, as defined by ORS 657.020, shall maintain a payroll record of individuals performing services for it. The payroll record shall show the total payroll of the employing unit by calendar quarter and with respect to each individual shall maintain the following:

(a) Name of individual;

(b) Social Security Account number;

(c) Total remuneration for each pay period, and total remuneration for all pay periods in each calendar quarter, showing separately:

(A) All wages not excluded by the Employment Department Law;

(B) All wages excluded by Employment Department Law;

(d) Date of each pay period;

(e) Date individual was hired, rehired, or returned to work after vacation, illness, temporary layoff, or other;

(f) Date individual was terminated;

(g) Number of hours worked in each calendar quarter.

(2) In addition, an employing unit shall maintain records with respect to each calendar quarter, showing:

(a) Date each pay period ends within such calendar quarter;

(b) Total wages, by pay periods, ending within such calendar quarter;

(3) Employing units are required to keep payroll records containing the information herein prescribed for a period of three calendar years, and furnish such information to the Employment Department upon demand.

(4) An employer shall furnish on request a weekly payroll record for the base year of any employee or former employee who has filed a claim for benefits. Such information shall be placed in the mail not later than three days after the receipt of such request.

(5) In the event an employer fails to comply with this rule, the claim for benefits may be determined on the basis of available records in the possession of the Employment Department, and the employer’s account charged accordingly.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.660
ED 1-1998, f. 2-20-98, cert. ef. 2-27-98
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0010 Posting of Notices By Employers

Each subject employer shall post, in a place conspicuous to all employees, a notice provided by the Employment Department stating that the employer is subject to the Employment Department Law.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.679
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0015 Corporate Officer and Shareholder Dividends as Wages

Remuneration means and includes any payments, which includes dividends paid to a corporate officer or shareholder to the extent that they are reasonable compensation for services performed for the corporation.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
ED 6-2002, f. 9-20-02, cert. ef. 9-22-02
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0017 Corporate Officer/Director Election

(1) For the purposes of ORS 657.044, the term "substantial ownership" means each corporate officer owns at least ten percent of the corporation and the total ownership of the corporation among those officers being excluded is at least seventy-five percent. This definition is effective for all corporations who apply for the election after February 1, 2017.

(2) The Employment Department will notify the corporation, in writing, whether the election meets the statutory requirements and the effective date of the election as determined by ORS 657.044(2)(b). The notice approving or denying the election will be mailed to the corporation’s last known address as shown in the Department’s records.

(3) If the statutory requirements are met, the election not to provide coverage will continue until revoked or canceled.

(4) Once the election is approved, the corporation must notify the Employment Department in writing of any changes to ownership within thirty (30) days of the change occurring.

(5) The election not to provide coverage will be revoked if there is a change in ownership which causes the corporate officers to no longer meet the requirements of ORS 657.044(1)(a) or (b). The election will be revoked effective the date of the change regardless of when the Employment Department was notified of the change. If the election is revoked, the Department will mail a notice of revocation to the corporation’s last known address as shown in the Department’s records.

(6) The corporation may cancel the election at any time by notifying the Employment Department in writing, and the cancellation will be effective in the quarter filed unless a later date is specified in the cancellation notice. If the corporation chooses to cancel the election, then the corporation will not be granted another exclusion for a minimum of two completed calendar years from the effective date of the cancellation.

(7) The notice of denial referred to in section 2 and notice of revocation referred to in section 5 shall become final twenty (20) calendar days after the notice is mailed unless within such time the corporation files a request for a hearing. The request for hearing must be filed in accordance with the provisions of OAR 471-040-0005(3). A request for hearing on the denial of a corporation’s election must be in writing and submitted by the employer or the employer's agent. The date of filing any request for hearing under this rule shall be determined in accordance with the provisions of OAR 471-010-0040.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.044
ED 1-2017, f. & cert. ef. 2-1-17
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 6-2002, f. 9-20-02, cert. ef. 9-22-02
ED 1-1998, f. 2-20-98, cert. ef. 2-27-98

Or. Admin. R. 471-031-0020 Incidental Expense of Employees

Moneys allowed to employees to reimburse them for expenses of meals in the event employees are required to perform work after their regular office hours and amounts paid to employees to reimburse them for traveling or other expenses actually incurred by them while performing service for the employer are not wages or payroll within the meaning of the Employment Department Law. No deduction may be made under this section unless an accurate detailed expense account is prepared by or with the knowledge of the employee and submitted to the employer in such form as will meet the requirements of the Internal Revenue Service and unless such account is preserved by the employer for a period of three calendar years.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0025 Pensions

An individual receiving a pension from a former employer shall not be considered an employee of that employer and the amount of the pension is not wages.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0030 Jury Pay

Compensation, reimbursement, fees, lodging, meals, or other remuneration paid or provided to an individual for services performed as juror are not wages.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0035 Bonuses, Fees, and Prizes

Bonuses, fees, and prizes are wages if paid or given by the employer to an employee as compensation, reward, or added remuneration for services covered by the Employment Department Law. Bonuses, fees, and prizes shall be included in the payroll of the employer at the time they are paid. A bonus, fee, or prize paid to or received during a calendar year shall be wages earned during the calendar year paid, and the employer's tax rate for such year shall be applicable to any bonus, fee, or prize.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0040 Accident Compensation

When an employer continues the payment of wages during a disability period, or pays to the employee all or part of the difference between benefits or compensation received from an insurance carrier or State Accident Insurance Fund and the employee’s regular or usual wage, the sums so paid by the employer are wages unless excluded from the term wages by ORS 657.115 and 657.125. Lump sum or other special payments to compensate an employee for an accident sustained in the course of employment are not wages.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.115 & 657.125
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0045 Dismissal and Separation Allowances, Vacation Pay, Holiday Pay, and Guaranteed Wage Payments

(1) Remuneration paid as a dismissal or separation allowance, vacation pay, holiday pay, or guaranteed wage is “wages.”

(2) For purposes of ORS 657.085 and 657.087, employment does not include service performed by certain individuals to the extent the compensation paid to such individuals consists of commissions, a share of the profit or overrides. The amount of a loan which legally and in fact obligates the borrower to repay the principal amount whether or not commission earnings, a share of the profit or overrides are applied to reduce the payable balance is not wages. However, service performed by an individual who receives a guaranteed payment (whether termed an advance, loan, income leveling, commission guarantee or other similar term) against future commissions, a share of the profit or overrides is employment and the amount of the guaranteed payment is wages.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.085, 657.087, 657.095 & 657.105 - 657.140
1DE 1-1981, f. & ef. 1-15-81
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0050 Gifts

Gifts, other than tips or gratuities, received by an employee during the course of employment from persons other than the employer are not wages. The Director, however, reserves the right, based on the facts in each particular case, to determine whether or not the gift is in fact a bonus, fee, or prize given as a reward or added remuneration for services rendered.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.105 - 657.140
1DE 2-1985, f. 11-18-85, ef. 1-1-86
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0055 Remuneration Other than Cash

(1) Subject to the provisions of section (2), the term "wages" includes the cash value of all remuneration paid in any medium other than cash, except for agricultural labor and domestic service and the specific exemptions enumerated in ORS 657.115 to 657.140.

(2) Board, lodging, services, facilities, or privileges furnished by an employer shall be considered remuneration paid for services performed by an employee unless it appears that furnishing of the same was not required by the terms of the contract of hire and that the value thereof was not a material factor in the determination by either party of the amount of any cash remuneration payable for such services.

(3) The cash value of non-cash remuneration shall be either:

(a) The amount of non-cash remuneration which is carried on the employer's payroll, provided such amount is comparable to values prevailing in the community; or

(b) An amount determined by the Director when the value of non-cash remuneration is not carried on the employer's payroll. In such determination, board furnished by an employer as remuneration for services shall have a minimum value of 30% of the standard CONUS meal rate per day. The rate per day will be rounded to the nearest dollar. The rate per month will be 30 times the rounded daily rate. If room is furnished in addition to board, no additional value will ordinarily be placed upon the room. If room and board are furnished at hotels, resorts, or lodges, or if a room only, an apartment, a house, or any other consideration is provided, the value for tax purposes will be the fair market value thereof.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095 & 657.115 - 657.140
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 2-1982, f. & ef. 12-8-82
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0060 Payments by an Employer to Persons in the Military Service

Payments made by an employer voluntarily and without contractual obligation, to or in behalf of a person for periods during which such person performs military services in the Army, Navy, Air Forces, National Guard, or similar units of the United States or any state, do not constitute wages in determining benefit rights or for tax purposes.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.065
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0065 Employer Elections to Cover Multi-State Workers

(1) Employer elections to cover Multi-State workers shall be in accordance with the procedures, terms, and requirements of the Interstate Reciprocal Coverage Agreement.

(2) The Manager of Tax is authorized to approve or disapprove reciprocal coverage elections.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.035, 657.425 & 657.755 - 657.775
1DE 5-1979, f. & ef. 8-27-79
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0067 One Percent Penalty

(1) The Director of the Employment Department shall assess the penalty authorized by ORS 657.457 and mail notice of the assessment of such penalty to the employer's last known address as shown in the Employment Department's records on or before October 20 each year. Such penalty shall become final on the November 10 immediately following the assessment.

(2) On or after the date of the assessment, but prior to the November 10 immediately following the assessment, the employer may request waiver of the penalty based on "good cause" as that term is defined in OAR 471-031-0151.

(3) If an employer makes a request for waiver of the penalty within the time prescribed in Section (2) of this rule, the Director shall make a decision, either granting or denying the waiver, and mail notice thereof to the employer's last known address as shown in the employment Department's records. If, prior to the November 10 immediately following the assessment, the employer establishes "good cause," as defined in OAR 471-031-0151, for failure to file all reports or pay all taxes due by September 1, the Director shall grant the request for waiver and remove the penalty from the employer's account. If the employer fails to establish "good cause," as defined in 471-131-0151, prior to the November 10 immediately following the assessment, the director shall deny the request for waiver. If the request for waiver is denied, the director shall notify the employer that a request for a contested case hearing may be filed within 20 days after mailing of the penalty waiver decision.

(4) The period within which an employer request a waiver of the penalty or a hearing on the denial of a waiver may be extended a reasonable time upon a showing of "good cause" for the late request as defined in OAR 471-040-0010.

(5) Hearings held and referee decisions issued pursuant to section (3) of this rule shall be in accordance with the provisions of chapter 471, division 040.

(6) Judicial review of referee decisions issued pursuant to this rule shall be as provided for review of orders in contested cases in ORS 183.310 through 183.550. The Director of the Employment Department is designated as a party for purposes of hearings under this rule.

(7) Upon motion of the director of the Employment Department or upon application of an interested employer, the Director may reconsider a penalty imposed under ORS 657.457 irrespective of whether it has become final:

(a) Such reconsideration shall be restricted to penalties resulting from clerical errors or errors of computation and may include a new decision upon any grounds or issues not previously ruled upon or new facts nor previously known to the Director;

(b) A new decision made as a result of reconsideration shall be subject to hearing and judicial review in accordance with this rule.

(8) A request for waiver of the penalty for "good cause," must be in writing. The date of any request for waiver under this rule shall be:

(a) The postmarked date on the request, if mailed; or

(b) The machine imprinted date on the request, if transmitted by facsimile device; or

(c) In the absence of a postmark or machine imprinted date, the most probable date of mailing as determined by the Director.

(9) The employees listed in OAR 471-031-0145 and the Supervisor of Tax Recovery may act on behalf of the Director for the purposes of section (1), (2), and (3) of this rule.

(10) The effective date for implementing this rule shall be retroactive to June 23rd, 2002.

History

Statutory/Other Authority: ORS 183, 657.457, 657.610 & OL 1993 & Ch. 778
Statutes/Other Implemented: ORS 657.457
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 4-2002, f. 6-20-02, cert. ef. 6-23-02
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
Reverted to ED 3-1994, f. 8-24-94, cert. ef. 8-28-94
ED 6-1994(Temp), f. & cert. ef. 10-26-94
ED 3-1994, f. 8-24-94, cert. ef. 8-28-94

Or. Admin. R. 471-031-0070 Taxes

(1) All employers shall make and file a quarterly tax report except domestic employers, who may report annually. Reports shall be made upon forms provided by the Director. Quarterly taxes shall be payable for each calendar quarter with respect to wages paid within such calendar quarter. Annual taxes shall be payable for each calendar year with respect to wages paid within that calendar year. Quarterly taxes shall be due and payable on or before the last day of the month following the close of the calendar quarter. Annual taxes shall be due and payable on or before the last day of January of the following year. If the due date specified falls upon a Saturday, Sunday, or a legal holiday, then reports and payment of taxes shall not be due until the next business day.

(2) When any employer goes out of business, any and all taxes required by the Employment Department Law or the regulations of the Director shall be immediately due and payable.

(3) An employer who fails to pay taxes as required by section (1) of this rule is delinquent. If such delinquency continues following the mailing of a notice of delinquency to the employer's last-known address as shown by the records of the Director, such employer may be required to report and pay taxes monthly until all delinquent taxes have been paid in full and the Director approves an application pursuant to procedures adopted by the Director to make quarterly reports and pay taxes as provided in section (1) of this rule.

(4) When an employer has become delinquent in the payment of taxes and is required to pay said taxes monthly, such monthly taxes shall become due and payable on the last day of the month following the close of the month for which such taxes are payable. If the taxes are not so paid, the employer shall be deemed to be delinquent.

(5) Any employer found to be delinquent in the payment of taxes as provided in this rule shall be subject to the penalties as specified in ORS 657.515, and further may be assessed an additional penalty as provided in 657.457.

(6) When taxes or reports have been sent to the Director through the U. S. Mails, postage prepaid for delivery to the Director, the date they are postmarked by the Post Office shall be the date of receipt by the Director. Such date shall be used in the calculation of interest charges, delinquencies, penalties, or other sanctions provided by law. In the absence of a postmarked date, the date of receipt shall be the most probable date of mailing as determined by the Director.

History

Statutory/Other Authority: ORS 183, 657.457, 657.610 & Ch. 778 & OL 1993
Statutes/Other Implemented: ORS 657.457 & 657.504 - 657.575
ED 7-2004, f. 12-17-04, cert. ef. 12-19-04
ED 3-1994, f. 8-24-94, cert. ef. 8-28-94
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0072 Application of Payments

(1) Except as otherwise provided by statute, or directed by a court of competent jurisdiction, payments made to the Employment Department by or on behalf of an employer for taxes; and legal fees, penalties and interest related to taxes; in accordance with the provisions of ORS Chapter 657 shall identified by the Department as either Designated or Undesignated Payments and shall be credited to the employer’s account in the following order of priority:

(a) Undesignated Payments; payments received by the Employment Department that are not designated as a payment for a specific quarter or distraint warrant will be identified as an Undesignated Payment and will be credited to:

(A) To the oldest unwarranted unpaid quarter balance in the following order:

(i) Penalties;

(ii) Interest;

(iii) Tax.

(B) When all amounts due in (A) are paid, payments will be then be credited to the most recent unpaid distraint warrant in the following order:

(i) Legal Fees;

(ii) Penalties;

(iii) Interest;

(iv) Tax.

(b) Designated Payments; payments received by the Employment Department that are designated as a payment for a specific quarter or distraint warrant will be identified as a Designated Payment and will be credited to the specific designated quarter or distraint warrant as follows:

(i) Legal Fees;

(ii) Penalties;

(iii) Interest;

(iv) Tax.

(2) The Director may identify categories of indebtedness for internal accounting procedures and may retire each category separately in the order of priority set forth in section (1) of this rule.

(3) Nothing in this rule shall be construed in any way as abridging or limiting the authority or powers of the Director granted under ORS 657.457, 657.515, 657.517, or 657.610.

(4) The employees listed in OAR 471-031-0145 may act on behalf of the Director for purposes of sections (2) and (3) of this rule.

(5) Notwithstanding any instructions to the contrary by or on behalf of the employer, payments will be applied in the manner specified in this rule.

(6) Credit balances will be treated as payments for purposes of this rule.

(7) Legal Fees are defined as fees attributed to the recording or processing of distraint warrants on behalf of the agency for the purposes of collecting Unemployment Insurance taxes pursuant to ORS 657.396 and search fees attributed to garnishments issued to financial institutions pursuant to Chapter 18.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.457, 657.505, 657.515, 657.557, 657.642, 657.663 & 657.990
ED 14-2008, f. 11-24-08, cert. ef. 12-1-08
ED 5-1996, f. & cert. ef. 8-5-96

Or. Admin. R. 471-031-0075 Appointment of an Agent to Act on Behalf of a Group of Employers

(1) Employers who are engaged in substantially similar operations, and rotationally employ the same group of employees in employment during the course of a year may:

(a) Pool their employment experience with respect to those employees under the Employment Department Law;

(b) Declare their intention of operating with respect to those employees through an agent in the same manner as though the agent were the employer of those employees as provided in ORS 657.475; and

(2) The agent shall maintain, prepare, and file reports and make tax payments required under the Employment Department Law and these rules. In addition, the employer shall submit as a supplement to each regular tax report a supplementary tax report showing by months the amount of the payroll and the total taxes paid on behalf of each member of the group of employers.

(3) Prior to approval or disapproval by the Director of an application, a copy of the agreement between the agent and the appointing group authorizing the agent to represent them shall be submitted for the consideration of the Director.

(4) The tax rate of each employer in the group shall be the rate assigned in accordance with ORS 657.435 unless there has been one year immediately preceding the computation date throughout which the employer’s account has been chargeable with benefits. Any period during which benefits were chargeable against an individual account may be combined with the period of membership in the group during which benefits paid on the basis of wage credits earned with such employer were chargeable to the agent's account, for the purpose of establishing a year of experience.

(5) For the purposes of rate determination pursuant to the Employment Department Law:

(a) The Director shall establish and maintain a separate account in the name of the agent. This account shall be charged with all benefits paid on the basis of wage credits reported by the agent. All wage reports submitted by the agent shall be maintained as if they represented wage reports of employees of such agent;

(b) In addition, the Director shall continue to maintain a separate account for each member of the group and shall transfer to each account the amount of payroll reported on each employer’s behalf by the agent and the taxes paid on each employer’s behalf by the agent;

(c) As of June 30 of each year, the Director shall determine the amount of each employer's share of the total benefit charges which have been made against the agent's account during the year ending on said date; such share shall be in the proportion that the individual employer's payroll in the year, reported by the agent, bears to the total payroll in such year reported by the agent for all of the employer members of the group. When determined, the amount of benefit charges to be allocated to each individual employer shall be transferred to that employer's account.

(6) If any member of the group terminates their relationship with the agent, they shall within ten (10) days thereafter notify the Director. The employer shall continue to be charged their prorated share of benefit charges so long as the base year period against which charges are being made includes any calendar quarter in which the employer was a party to the agency agreement.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.435 & 657.475
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0076 Common Paymaster

(1) As provided in ORS 657.477, a common paymaster established for a group of related corporations is any member thereof that disburses remuneration to employees of two or more of those corporations on their behalf. However, the common paymaster is not required to disburse remuneration to all employees of the two or more related corporations:

(a) A common paymaster making disbursements on behalf of related corporations to employed individuals shall be responsible for taxes, interest and penalties imposed by ORS Chapter 657 on all wages disbursed by it;

(b) For purposes of charging benefits paid and mailing notices to base year employers, the common paymaster shall be considered the employer for all wages disbursed to individuals by the common paymaster whether payment was for services performed for the common paymaster or for a related corporation.

(2) If the common paymaster fails to remit taxes, interest and penalties on all wages disbursed by it as required by ORS Chapter 657, the Director may hold each of the related corporations liable for a proportionate share of the obligation. Such proportionate share may be based on sales, property, corporate payroll or any other reasonable basis that reflects the distribution of services of the pertinent employees between the related corporations. When there is no reasonable basis for allocating the amount owed, it shall be divided equally among the related corporations. If a related corporation fails to pay any amount allocated to it pursuant to this section, the Director may hold any or all of the other related corporations liable for the full amount of the unpaid taxes, interest and penalties.

(3) Two or more corporations shall be considered related corporations for an entire calendar quarter if they satisfy any of the following tests at any time during that calendar quarter:

(a) More than 50 percent of the total combined voting power of all classes of stock entitled to vote or more than 50 percent of the value of shares of all classes of stock of each corporation is owned by one or more of the other corporations, and the common parent corporation owns stock possessing more than 50 percent of the total combined voting power or more than 50 percent of the total value of shares of all classes of stock of at least one of the other corporations;

(b) Five or fewer persons who are individuals, estates or trusts own more than 50 percent of the total combined voting power of all classes of stock entitled to vote or more than 50 percent of the total value of all classes of stock of each corporation, taking into account the stock ownership of each person only to the extent such stock ownership is identical with respect to each such corporation;

(c) A group of two or more corporations is combined with a common parent corporation as described in subsection (a) of this section and also such parent corporation is a member of a group of corporations as described in subsection (b) of this section;

(d) Fifty percent or more of one corporation's officers are concurrently officers of the other corporation;

(e) Thirty percent or more of one corporation's employees are concurrently employees of the other corporation;

(f) When a corporation that does not issue stock is involved, either:

(A) Fifty percent or more of the members of one corporation's board of directors (or other governing body) are members of the other corporation's board of directors (or other governing body); or

(B) The Holders of fifty percent or more of the voting power to select members of one corporation's board of directors (or other governing body) are concurrently the holders of more than fifty percent of that power with respect to the other corporation.

(4) For purposes of section (3) of this rule, concurrent employment means the simultaneous existence of an employment relationship (within the meaning of ORS Chapter 657) between an individual and two or more corporations. Such a relationship contemplates the performance of services by the individual for the benefit of the employing corporation, not merely for the benefit of the group of corporations:

(a) The simultaneous existence of an employment relationship with each corporation is a decisive factor. If it exists, the fact that a particular employee is on leave or otherwise temporarily inactive is immaterial;

(b) Employment is not concurrent with respect to one of the related corporations if the employee's employment relationship with that corporation is completely nonexistent during the periods when the employee is not performing services for that corporation;

(c) An individual who does not perform substantial services for a corporation is presumed not employed by that corporation;

(d) A corporation which has no employees performing services for it in Oregon cannot be the common paymaster for Oregon employees of its related corporations.

(5) Related corporations which compensate their employees through a common paymaster shall file with the Director the details of their plan. The detail shall include the names of the related corporations, the name of the common paymaster corporation and the class or classes of workers involved. The filing shall include documentation to substantiate the corporations are related as defined in section (3) of this rule and that employees are concurrently employed. An amendment to the plan shall be filed whenever there is a change in the related corporations participating in the plan, a change in the common paymaster or a change in the class or classes of workers involved.

(6) Plans submitted pursuant to section (5) of this rule shall be filed within the 30 day period following the end of the calendar quarter in which the plan is in effect. Eligibility of an employee to be compensated through a common paymaster shall be determined on a quarterly basis.

(7) A common paymaster is not a successor corporation pursuant to ORS 657.480 for concurrent employees unless the related corporation ceases operations and is acquired in its entirety by the paymaster corporation.

(8) An employing unit may not report the payroll of any other employing unit, except as provided in this rule. For the purposes of ORS 657.095, wages paid by separate employing units may not be aggregated or combined for purposes of reporting payroll unless there is an actual transfer of entity and experience rating as provided by ORS 657.480.

(9) The term "common agent" as defined by federal law, is not recognized for the purposes of ORS 657.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.030 & 657.477
ED 15-2003, f. 12-12-03 cert. ef. 12-14-03
1DE 1-1981, f. & ef. 1-15-81

Or. Admin. R. 471-031-0077 Coemployment/Payrolling

An employing unit may not report the payroll of any other separate employing unit, unless done so under an authorized Common Paymaster plan as set forth in ORS 657.477.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.610 & 657.405 - 657.575
ED 15-2003, f. 12-12-03 cert. ef. 12-14-03

Or. Admin. R. 471-031-0080 Tax Compromise Policy

(1) It shall be the policy of the Director to compromise tax claims pursuant to the provisions of ORS 657.515(7) where it appears that such action would be in the best interests of all parties involved and the statutory criteria for a settlement has been met.

(2) The effective date for implementing this rule shall be retroactive to June 23rd, 2002.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.515 & 657.517
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 4-2002, f. 6-20-02 cert ef 6-23-02
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0085 Employer Wages and Hours of Work Report

(1) In addition to the quarterly tax report and payment as provided in these rules, each employer shall file an employer's quarterly report of employees' wages and hours of work on forms as required by ORS 657.571 and such other reports as may be required by the Director, duly completed in all respects.

(a) If an employer does not record hours worked as part of the payroll system, the employer may provide a reasonable estimate of hours rounded up to the next hour worked by each employee including estimates based on:

(A) Average hours worked in a day, multiplied by the number of days worked;

(B) Average time to complete a piece or component, multiplied by the number of pieces or components completed; or

(C) Total time worked in an average month multiplied by the number of months worked in the quarter. A month of full time work averages 174 hours.

(b) If the estimation methods in (a) do not adequately reflect hours worked in the employer's business, the employer may use reasonable alternative methods of estimating hours. The employer shall keep a record of the method and data used in providing such estimates as required in OAR 471-031-0005(3).

(2) An employer may, with the Director's approval, substitute Electronic Data Processing (EDP) medium for the report or reports required in section (1) of this rule. The employer's quarterly report of employees' wages and hours of work form furnished by the Director must be attached to or filed with the substitute EDP medium. All reports must be legible and complete as to the information required by this rule and the instructions contained on the report forms. Any report may be returned to the employer if improperly prepared, incomplete, or illegible and such employer shall be deemed to have failed to file reports as required by this rule and ORS 657.660.

(3) The employer's quarterly report of employees' wages and hours of work shall be made on or before the last day of the month following the close of the calendar quarter to which such report relates; provided, however, that when the due date falls upon a Saturday, Sunday, or a legal holiday, the report shall not be due until the next business day.

(4) An employer failing to file a complete and legible employer's quarterly report of employees' wages and hours of work as required in this rule and ORS 657.660 shall be subject to the penalties provided in ORS 657.457 and 657.663.

(5) The effective date for implementing this rule shall be retroactive to June 23rd, 2002.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.457, 657.570, 657.660 & 657.663
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 4-2002, f. 6-20-02 cert ef 6-23-02
ED 4-2001, f. 3-23-01, cert. ef. 3-25-01
ED 1-1998, f. 2-20-98, cert. ef. 2-27-98
1DE 2-1982, f. & ef. 12-8-82
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0095 Approval of Work Experience Programs

(1) The Director may approve a program of instruction which combines academic instruction with work experience if it meets the requirements of ORS 657.030(3)(d).

(2) The Director shall revoke the approval of a program of an institution if it is determined that the institution no longer meets the requirements in ORS 657.030(3)(d). Upon revoking such approval, the services performed in a work experience program shall be employment subject to ORS Chapter 657.

(3) The approval by the Director of a program of an institution shall be applicable only to those individuals participating in the program who are enrolled at the institution as a full-time student pursuant to the rules and policies of such institution. Upon acquiring a status of less than a full-time student, the services performed in a work experience program shall be employment subject to ORS Chapter 657.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.030
ED 2-2003, f. 2-7-03 cert. ef. 2-9-03
ED 2-1987, f. & ef. 11-27-87
1DE 2-1984, f. & ef. 9-28-84
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0105 Student Employment

For purposes of ORS 657.030(3)(a) the term “student” does not include a student enrolled in a college or university if such student is:

(1) An undergraduate student enrolled in courses totaling less than 12 credit hours;

(2) A graduate student enrolled in courses totaling less than nine credit hours.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.030
1DE 2-1984, f. & ef. 9-28-84
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0110 Action at Law, Verification, Liens, Distraint Warrants

The Assistant Director for UI Programs, Manager of Tax, or other person designated by the Director is authorized for and on behalf of the Director to:

(1) Verify all pleadings filed in actions at law, and to perform such acts necessary in the prosecution of such actions at law.

(2) Execute and file lien claims and distraint warrants for taxes, interest, and penalty due and owing the Unemployment Compensation Trust Fund and the Employment Department Special Administrative Fund.

(3) The effective date for implementing this rule shall be retroactive to June 23rd, 2002.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.457 & 657.504 - 657.575
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 4-2002, f. 6-20-02 cert ef 6-23-02
1DE 1-1985, f. & ef. 11-18-85
1DE 5-1979, f. & ef. 8-27-79
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-031-0120 Christmas Tree Farms

Services performed in connection with the planting, cutting, and transporting of Christmas trees from uncultivated land or forest do not constitute agricultural labor.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.045
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0125 In-Home Sales

For the purposes of ORS 657.087(2), “In-person solicitation” means a face-to-face contact at the customer’s residence and does not include mail, telephone or other non-personal contacts.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.087
ED 1-1987, f. & ef. 1-12-87
1DE 1-1981, f. & ef. 1-15-81
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0130 Domestic Service

(1) For purposes of ORS 657.050(1) “domestic service” means general services of a household nature in or about a private home, including, but not limited to: services performed by cooks, waiters/waitresses, butlers, housekeepers, child monitors, general houseworkers, personal attendants, baby-sitters, janitors, launderers, caretakers, gardeners, grooms and chauffeurs of automobiles for family use.

(2) Services not of a household nature, such as services performed as a private secretary, tutor or nurse, even though performed in the employer’s private home, are not domestic service.

(3) A private home is a fixed place of abode of an individual household. A separate and distinct dwelling unit maintained by a household in an apartment house, hotel or other similar establishment may constitute a private home, provided it is a place in which a person resides with the intention of residence, or has so resided with the intention of returning. If a dwelling house of an individual or family is used primarily as a boarding house for the purpose of supplying lodging to the public as a business enterprise, only that portion of the premises occupied by the individual or family may be considered a private home for the purposes of this rule.

(4) If domestic services for an employing unit are determined to be employment under ORS 657.050 at any time during a calendar year, that employing unit shall be an employer liable for taxes on all cash remuneration paid for such services during that entire calendar year.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.050
ED 2-1989, f. & cert. ef. 10-30-89
1DE 5-1979, f. & ef. 8-27-79
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0135 Participants of Federal Training Programs

In accordance with ORS 657.067(2), “employment” includes services performed by an individual as a participant in an on-the-job training (OJT) program of the Work Incentive Program.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.067
1DE 1-1985, f. & ef. 11-18-85
1DE 5-1980, f. 6-5-80, ef. 6-16-80
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0139 Employing Enterprise and Prohibited Activities

(1) As used in Chapter 657, an employing enterprise is a business, including all of the component parts of the business necessary to carry out day-to-day operations. Formation of a distinct legal entity for any component part of the employing enterprise may be disregarded for purposes of determining the experience rating of the employing enterprise.

(2) For the purposes of ORS 657.480(2)(c), any activity or inactivity that would hide or attempt to hide the actual experience of an employing enterprise as referenced in 657.430 is prohibited.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.462, 657.480 & 657.485
ED 3-2006, f. 2-3-06, cert. ef. 2-5-06

Or. Admin. R. 471-031-0140 Transfer of Experience Determination, Tax Rate, Consolidation

(1) For purposes of ORS 657.480, an employing unit is a total successor to the experience of an employing enterprise when all or substantially all of the components parts of the employing enterprise are transferred to or otherwise acquired by the employing unit, including the employees necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer. If at the time of the purchase or transfer the acquired employing entity is inactive, no transfer of experience shall be allowed.

(2) An employer whose tax rate for a calendar year is determined in accordance with either ORS 657.462 or 657.435 and which has become final in accordance with ORS 657.485 shall pay taxes at the determined rate on all wages paid by all employing units of the employer during the calendar year for employment as defined in ORS chapter 657.

(3) In consolidation of existing employing units, the tax rate experience will be consolidated for the next year's rate determination only if:

(a) The effective date of the consolidation is on or before August 31 of the current year; and

(b) The Department is notified of the consolidation in writing prior to November 15 of the same year.

(4) When an employing unit acquires the trade or business of an employer that has received the penalty tax rate under ORS 657.480(3), the penalty tax rate will transfer.

(5) Any transfer or acquisition described in section (1) must be reported to the Employment Department Tax Section within 60 days of the date the transfer or acquisition becomes final.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.435, 657.462, 657.480 & 657.485
ED 6-2010, f. & cert. ef. 12-13-10
ED 3-2006, f. 2-3-06, cert. ef. 2-5-06
ED 15-2003, f. 12-12-03 cert. ef. 12-14-03
ED 2-1989, f. & cert. ef. 10-30-89
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0141 Partial Transfer of Experience

(1) Under ORS 657.480(1) A new or existing employing unit is a partial successor to the experience of an employing enterprise when an identifiable and segregable portion of the employing enterprise is transferred to or otherwise acquired by the employing unit, including the employees of that portion of the employing enterprise necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer.

(2) For the period beginning with the date of the transfer of the employment experience record through the end of the calendar year in which the transfer occurs, the contribution rate of the predecessor shall be the same as if there had been no transfer. Upon determination for partial transfer the Director shall:

(a) Assign a contribution rate for a successor that is a new employing unit, to be effective from the date of the transfer through the end of the calendar year in which the transfer occurs; and

(b) Notify the successor in writing of the tax rate assigned in subsection (2)(a) of this rule.

(3) In a partial consolidation, when both employing units are existing employers, the tax rate experience shall be consolidated for the next year's rate determination only if the date of the transfer is on or before August 31 of the current year.

(4) The percentage of employment experience attributable to the transfer shall be calculated by dividing the number of employees hired by the successor that are attributable to the transfer by the total number of employees of the predecessor prior to the transfer. This percentage, rounded to the nearest percentage number, shall then be applied to the benefit charges and taxable payroll of the predecessor and the resulting amounts shall comprise the employment experience to be transferred to the successor's account. The experience shall be added to the successor's account in the same quarter it is removed from the predecessor's account. The percent transferred plus the percent not transferred shall equal one hundred percent.

(5) The Director may use other reasonable means of determining the percentage in section (4) that is attributable to the transfer.

(6) Benefits charged to the predecessor in the quarter in which the transfer occurs and the next three quarters shall be split between the predecessor and successor in accordance with the percentage established in section (4) of this rule. For each quarter thereafter, none of the benefits charged to the predecessor shall be transferred to the successor.

(7) For the limited purpose of calculating experience rates under this rule, if the transfer occurs after the fifteenth day of the middle month of a calendar quarter, wages paid by the predecessor during such quarter shall be split between the predecessor and successor in accordance with the percentage calculated in section (4) of this rule. If the transfer occurs on or before the fifteenth day of the middle month of a calendar quarter, none of the wages paid by the predecessor during such quarter shall be split.

(8) For each calendar year commencing on or after the date of the transfer, the successor's contribution rate shall be based on its experience with taxable payroll and benefit charges, including the experience of the acquired portion of business as determined in sections (2), (3), (4), (5), (6) and (7).

(9) The successor, if not an employer at the time of the transfer, shall become an employer as of the date of the transfer.

(10) In determining excess wages over the taxable wage amount, a successor may use the wages paid by the predecessor prior to the transfer.

(11) When the Employment Department determines that a partial transfer has occurred, the Employment Department shall give the successor notice of the determination and its effects to the partial successor. The partial successor may request a hearing in accordance with the provisions of ORS 657.683.

(12) Notwithstanding sections (2), (3), (4), (5), (6) and (7), when an employing unit acquires a portion of the trade or business of an employer that has received the penalty tax rate under ORS 657.480(3), a proportionate share of the penalty tax rate will transfer and be added to its calculated rate.

(13) Any transfer or acquisition described in section (1) must be reported to the Employment Department Tax Section within 60 days of the date the transfer or acquisition becomes final.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.480
ED 7-2010, f. & cert. ef. 12-13-10
ED 3-2006, f. 2-3-06, cert. ef. 2-5-06
ED 15-2003, f. 12-12-03 cert. ef. 12-14-03
ED 1-2000, f. 3-31-00, cert. ef. 4-2-00

Or. Admin. R. 471-031-0142 Acquiring an Employing Entity: Active or Inactive

(1) When an employer begins business and has or expects to have payroll for employees, or when the Tax Section makes a determination that a business has or expects to have payroll for employees, the Employment Department Tax Section may open an account for purposes under ORS Chapter 657.

(2) The Employment Department Tax Section may close an account when an employer ceases operations and reports the closure of the business to the Tax Section, or when the Tax Section makes a determination that the business is not likely to have additional payroll.

(3) For the purposes of ORS 657.430 and 657.480, when an employing unit acquires a business that no longer has an open account the tax rate assigned the acquiring employing unit will be based solely on the experience of the acquiring employing unit and any of its predecessors.

(4) For the purposes of ORS 657.430 and 657.480, a business with a closed account may request that the Tax Section reopen the account. The Tax Section may reopen a closed account only in circumstances where the business owner entity is the same and where the business activity is the same or substantially the same as prior to the closing.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.610 & 657.405 - 657.575
ED 3-2006, f. 2-3-06, cert. ef. 2-5-06
ED 15-2003, f. 12-12-03 cert. ef. 12-14-03

Or. Admin. R. 471-031-0145 Continuous Jurisdiction

In accordance with the provisions of subsection (2) of ORS 657.676, the following employees are designated by the Director as having the authority to act for and in the name of the Director in matters of reconsideration and correction of determinations of employer subjectivity, tax rates or tax assessments:

(1) Deputy Director;

(2) Assistant Director for Unemployment Insurance;

(3) Manager of Tax;

(4) Supervisor of Central Operations;

(5) Supervisor of Field Operations.

(6) Supervisor of Special Projects

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.676
ED 6-2002, f. 9-20-02, cert. ef. 9-22-02
1DE 2-1986, f. & ef. 4-14-86
1DE 1-1985, f. & ef. 11-18-85
1DE 5-1979, f. & ef. 8-27-79
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-031-0151 Failure to File Reports or Pay Tax — Good Cause

(1) As used in ORS 657.457, 657.552, and 657.663 "good cause" will be found to exist when the employer establishes by satisfactory evidence that factors or circumstances beyond the employer's reasonable control caused the delay in filing the required document or paying the tax due.

(2) In determining "good cause" under section (1) of this rule, the Director or an authorized representative may consider all circumstances, but shall require at a minimum that the employer:

(a) Prior to the date the document or tax was due, gave notice to the Employment Department, when reasonably possible, of the factors or circumstances which ultimately caused the delay;

(b) Filed the required document or paid the tax due within seven days after the date determined by the Director to be the date the factors or circumstances causing the delay ceased to exist; and

(d) Provide an official police report, or other documentation of the criminal act acceptable to the Director or an authorized representative, that was made within 20 days of the incident, or discovery of the incident, if the delay was due to a criminal act by any party.

(3) In applying sections (1) and (2) of this rule, a lack of funds on the part of the employer shall not constitute good cause for failure to pay all taxes when due.

(4) In applying sections (1) and (2) of this rule, failure to notify the Employment Department of an updated mailing address per ORS 657.660(4) shall not constitute good cause for failure to file reports.

(5) The period within which an employer may request a waiver of the penalty or hearing on the denial of a waiver may be extended a reasonable time upon a showing of “good cause” for the late request as defined in OAR 471-040-0010.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610, 657.457, 657.552 & 657.663
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 15-2008, f. 11-24-08, cert. ef. 12-1-08
1DE 2-1984, f. & ef. 9-28-84

Or. Admin. R. 471-031-0155 Investigatory Subpoenas

(1) Tax auditors or their supervisors may issue and cause to be served subpoenas which compel the attendance of witnesses and/or order the production of any books, papers, contracts, accounts, records, documents or other physical evidence in the possession of any person, company or corporation. Such subpoenas shall relate to a scheduled hearing or pertain to the discovery of information necessary to carry out the Employment Department’s statutory duties, or as an adjunct to tax collection procedures.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.610 & 657.660
1DE 1-1985, f. & ef. 11-18-85

Or. Admin. R. 471-031-0160 Computation of Excess Wages

Excluded remuneration under ORS 657.095 shall be computed for each employing unit exclusively on the basis of its own payroll unless:

(1) ORS 657.480 requires two or more employing units to be treated as if there had been no change in ownership.

(2) Two or more corporations are treated as having a common paymaster under ORS 657.477 and OAR 471-031-0076.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.095, 657.477 & 657.480
ED 2-1989, f. & cert. ef. 10-30-89

Or. Admin. R. 471-031-0175 Agricultural Employment

(1) If agricultural services for an employing unit are determined to be employment under ORS 657.045 at any time during a calendar year, that employing unit shall be an employer liable for taxes on all cash remuneration paid for such services during that entire calendar year.

(2) Except as provided by ORS 657.045(3)(c), processing services which transform an agricultural commodity from its raw or natural state, and services performed with respect to an agricultural product after it has been transformed from its raw or natural state, do not constitute agricultural labor.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.045
ED 2-2005, f. 4-29-05, cert. ef. 5-1-05
ED 2-1989, f. & cert. ef. 10-30-89

Or. Admin. R. 471-031-0181 Independent Contractor

(1) Purpose of Rule. The Landscape Contractors Board, Department of Revenue, Department of Consumer and Business Services, Employment Department, and Construction Contractors Board must adopt rules together to carry out ORS 670.600. 670.600 defines “independent contractor” for purposes of the programs administered by these agencies. This rule is intended to ensure that all five agencies apply and interpret 670.600 in a consistent manner; to clarify the meaning of terms used in 670.600; and, to the extent possible, to enable interested persons to understand how all five agencies will apply 670.600.

(2) Statutory Context.

(a) ORS 670.600 generally establishes three requirements for “independent contractors.” One requirement is that an “independent contractor” must be engaged in an “independently established business.” Another requirement is related to licenses and certificates that are required for an “independent contractor” to provide services. A third requirement is that an “independent contractor” must be “free from direction and control over the means and manner” of providing services to others.

(b) The specific focus of this rule is the “direction and control” requirement. See ORS 670.600 for the requirements of the “independently established business” test and for licensing and certification requirements.

(3) Direction and Control Test.

(a) ORS 670.600 states that an "independent contractor" must be "free from direction and control over the means and manner" of providing services to others. The agencies that have adopted this rule will use the following definitions in their interpretation and application of the “direction and control” test:

(A) “Means” are resources used or needed in performing services. To be free from direction and control over the means of providing services an independent contractor must determine which resources to use in order to perform the work, and how to use those resources. Depending upon the nature of the business, examples of the "means" used in performing services include such things as tools or equipment, labor, devices, plans, materials, licenses, property, work location, and assets, among other things.

(B) “Manner” is the method by which services are performed. To be free from direction and control over the manner of providing services an independent contractor must determine how to perform the work. Depending upon the nature of the business, examples of the "manner" by which services are performed include such things as work schedules, and work processes and procedures, among other things.

(C) “Free from direction and control” means that the independent contractor is free from the right of another person to control the means or manner by which the independent contractor provides services. If the person for whom services are provided has the right to control the means or manner of providing the services, it does not matter whether that person actually exercises the right of control.

(b) Right to specify results to be achieved. Specifying the final desired results of the contractor’s services does not constitute direction and control over the means or manner of providing those services.

(4) Application of “direction and control” test in construction and landscape industries:

(a) The provisions of this section apply to:

(A) Architects licensed under ORS 671.010 to 671.220;

(B) Landscape architects licensed under ORS 671.310 to 671.479;

(D) Engineers licensed under ORS 672.002 to 672.325; and

(E) Construction contractors licensed under ORS Chapter 701.

(b) A licensee described in (6)(a), that is paying for the services of a subcontractor in connection with a construction or landscape project, will not be considered to be exercising direction or control over the means or manner by which the subcontractor is performing work when the following circumstances apply:

(A) The licensee specifies the desired results of the subcontractor’s services by providing plans, drawings, or specifications that are necessary for the project to be completed.

(B) The licensee specifies the desired results of the subcontractor’s services by specifying the materials, appliances or plants by type, size, color, quality, manufacturer, grower, or price, which materials, appliances or plants are necessary for the project to be completed.

(C) When specified by the licensee’s customer or in a general contract, plans, or drawings and in order to specify the desired results of the subcontractor’s services, the licensee provides materials, appliances, or plants, including, but not limited to, roofing materials, framing materials, finishing materials, stoves, ovens, refrigerators, dishwashers, air conditioning units, heating units, sod and seed for lawns, shrubs, vines, trees, or nursery stock, which are to be installed by subcontractors in the performance of their work, and which are necessary for the project to be completed.

(D) The licensee provides, but does not require the use of, equipment (such as scaffolding or fork lifts) at the job site, which equipment is available for use on that job site only, by all or a significant number of subcontractors requiring such equipment.

(E) The licensee has the right to determine, or does determine, in what sequence subcontractors will perform work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

(F) The licensee reserves the right to change, or does change, in what sequence subcontractors will perform work on a project, the total amount of time available for performing the work, or the start or end dates for subcontractors working on a project.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.040, 670.600, 670.605, 671.010 - 657.710, 672.002 - 672.325 & 701
ED 2-2007, f. 1-31-07, cert. ef. 2-1-07

Or. Admin. R. 471-031-0185 Indian Tribes

As used in ORS 657.020, 657.043, 657.044, 657.047, 657.048, 657.050, 657.065, 657.167, 657.221, 657.333, 657.425, 657.505, 657.506 and 657.840, the term "Indian tribe" means any Indian tribe, band, nation, or other organized group or community which is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610 & HB 3596
ED 11-2001, f. 9-28-01, cert. ef. 9-30-01

Or. Admin. R. 471-031-0190 Shopping News

For the purposes of ORS 657.080(1), “shopping news” includes, but is not limited to, publications that consist primarily of classified ads and/or coupons and does not include publications that are primarily phone listings.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 16-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0195 Horticultural Commodity

(1) For purposes of ORS 657.045(3)(a), “horticultural commodity” means a product resulting from the services performed by a farm worker including: the planting, cultivating, propagating, harvesting, handling, and delivering to storage or to market or to a carrier for transportation to market.

(2) “Farms” include: truck farms, plantations, ranches, nurseries, ranges, orchards, and such greenhouses and other similar structures as are used primarily for the raising of commodities for sale. Greenhouses and similar structures used primarily for purposes such as display, storage for rental of horticultural commodities, and fabrication of horticultural arrangements, do not constitute "farms."

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 17-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0205 Cafeteria Plans

Employee benefits paid through a cafeteria plan, as defined in the Internal Revenue Code (IRC) Section 125, are not included in wages if listed as excluded in ORS 657.115, even if paid through a payroll deduction.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 19-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0210 Bond or Deposit

(1) For the purposes of ORS 657.507(1), the director or an authorized representative may demand a bond or deposit to protect the Unemployment Compensation Trust Fund balance when the director or an authorized representative has determined that there is sufficient evidence that a risk exists.

(2) “Risk” is solely determined by the director or an authorized representative and includes circumstances where a principal of an employing entity, who continues to employ workers subject to ORS Chapter 657:

(a) is currently delinquent in filing Unemployment Insurance reports or payment of Unemployment Insurance tax; or

(b) was previously delinquent in filing Unemployment Insurance reports or payment of Unemployment Insurance tax.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 20-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0215 Registered Domestic Partnerships

For the purposes of ORS Chapter 657, “spouse” includes any person in a registered domestic partnership considered valid under the laws of the State of Oregon.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 21-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0220 Franchisee

(1) A “franchisee” means an individual or business entity that has a franchise license from the owner of a trademark, or trade name permitting another to sell a product, or service under that name or mark.

(2) Individuals or business entities who provide primarily services for pay, and are under contract to provide services as franchisees, must meet the requirements of ORS 657.040 and 670.600 or some other exclusionary provisions of Chapter 657 in order to be excluded from the classification of employee under this Chapter.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 22-2008, f. 11-24-08, cert. ef. 12-1-08

Or. Admin. R. 471-031-0235 Volunteer Consideration

For purposes of ORS 657.015:

(1) “Adequate consideration for the services performed” with respect to volunteers is as defined in the Internal Revenue Code Title 26, Subtitle C, Section 3306(c)(10)(A).

(2) Payments to volunteers that are reimbursements for reasonable expenses incurred while volunteering, such as mileage or travel costs, are not remuneration for service if they are paid under an accountable plan. Payments under an accountable plan must meet all three of the following:

(a)The deductible expense was incurred while performing services as a volunteer for a religious, charitable institution or governmental entity. A reimbursement or advance must be for an income tax deductible expense and must not be an amount that would have otherwise been paid to the volunteer.

(b) The payment must be substantiated within a reasonable period of time.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610
ED 11-2010, f. & cert. ef. 12-13-10

Or. Admin. R. 471-031-0301 Election of coverage for services normally excluded from unemployment insurance

Unless otherwise provided, the provisions of this rule apply retroactively, beginning September 22, 2020.

(1) For purposes of ORS 657.425(1), it is considered a written election for an employing unit to have services that are not considered employment subject to ORS Chapter 657, to be covered by ORS Chapter 657, when the employing unit:

(a) Reports on its quarterly payroll reports with the Employment Department information for services that are not considered subject employment under ORS Chapter 657; and

(b) Pays all taxes owed to the Employment Department for that reporting period.

(2) A written election made under section (1) is considered approved unless the Employment Department notifies the employing unit in writing that it is not approved:

(a) For quarterly reports filed on or after the effective date of this rule, within 90 days of when the reports are filed and the associated Employment Department taxes were paid; or

(b) For quarterly reports filed after the effective date of this rule, within 90 days of that effective date.

(3) This rule applies to quarterly reports filed for time periods covering January 1, 2019, or later.

History

Statutory/Other Authority: ORS 657.425
Statutes/Other Implemented: ORS 657.425
ED 8-2020, adopt filed 10/22/2020, effective 10/25/2020

Or. Admin. R. 471-031-0310 Benefits Obtained as a Result of Identity Theft

(1) The provisions of this rule apply retroactively to initial claims effective after January 1, 2020.

(2) For the purposes of applying ORS 657.505, it shall not be considered benefits paid out to a claimant as a result of wages earned in the employ of an employer when, in the determination of the department, the reason such payments were made was due to identity theft or criminal impersonation, as defined in ORS 165.800 and ORS 165.815 .

History

Statutory/Other Authority: ORS 657.610 & 657.100(3)
Statutes/Other Implemented: OAR 471-010-0010
ED 3-2021, adopt filed 07/02/2021, effective 07/04/2021

Or. Admin. R. 471-031-0315 Declaration that Oregon House Bill 3389 was passed to address the COVID-19 Pandemic.

Oregon House Bill 3389 became effective on September 25, 2021, and utilized flexibilities allowed under the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUISSA). As required in guidance issued by the United States Department of Labor, through the Unemployment Insurance Program Letter 13-20 Change 3, this rule clarifies the changes made by Oregon House Bill 3389 were due to economic hardships directly resulting from the COVID-19 pandemic.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657
ED 11-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-031-0320 Implementation of Provisions Related to Unpaid Deferral Balances

(1)(a) If applying the provisions of Section 4 (1)(b) of ORS chapter 657 [2021 c.638 §2] [2021 c.638 §4], an employer receiving a deferral of taxes due for calendar year 2021 must pay the deferred amount by June 30, 2022.

(b) Unpaid balances as of July 1, 2022, will result in interest accrued and applied to the unpaid balance beginning with the month in which the balance was originally due under OAR 471-031-0070(1); and

(2) Two examples are provided in the subsection below for calculating the interest on the unpaid deferral balance:

(a) An employer defers $500 or one-third of the tax due in the third quarter of 2021. Based on the employer’s rate increase of one percentage point, they are eligible for 50% forgiveness of the deferrable amounts. On July 1, 2022, all of the $500 owed for the third quarter of 2021 remains unpaid. The employer is assessed interest at 1.5% per month or fraction of a month on the $500 unpaid deferred amount starting November 1, 2021, and is not eligible for 50% forgiveness because the employer has not paid all tax liabilities imposed that are not deferred or forgiven in a timely manner (Section 4. (1)(a) & (4)(b) of Chapter 638, Oregon Laws 2021.

(b) An employer defers $500 or one-third of the tax due in the third quarter of 2021. Based on the employer’s rate increase of one percentage point, they are eligible for 50% forgiveness of the deferrable amounts. On July 1, 2022, half of the deferred amount or $250 remains unpaid. The employer has the remaining $250 forgiven, and is assessed no interest because the employer has paid all tax liabilities imposed that are not deferred or forgiven in a timely manner (Section 4. (1)(a) & (4)(b) of Chapter 638, Oregon Laws 2021.

History

Statutory/Other Authority: ORS 657.610 & ORS 657.100
Statutes/Other Implemented: ORS 657.100
ED 11-2022, adopt filed 10/06/2022, effective 10/06/2022

Division 40 LOWER APPEALS

Or. Admin. R. 471-040-0005 Request for Hearing

(1) A Request for hearing may be filed on forms provided by the Employment Department or similar offices in other states. Use of the form is not required provided the party specifically requests a hearing or otherwise expresses a present intent to appeal and it can be determined what issue or decision is being appealed.

(2) A request for hearing on an administrative decision related to the payment or amount of unemployment insurance benefits may be filed:

(a) By mail, fax, e-mail, or other means as designated by Employment Department with the appealable document; or

(b) In person at any publicly accessible Employment Department office in Oregon.

(3) A request for hearing on an administrative decision related to unemployment insurance taxes pursuant to ORS 657.683, 657.663, 657.485, and 657.457, must be in writing and may be filed:

(a) By mail or by fax with any Employment Department UI Center or UI Tax Section office in Oregon;

(b) In person at any publicly accessible Employment Department office in Oregon;

(d) Through the use of the Employment Department’s secured website as provided on the appealable document.

(4) The filing date for any request for hearing shall be determined as follows:

(a) When delivered in person to any Employment Department office in the state of Oregon, the date of delivery, as evidenced by the receipt date stamped or written by the agency employee who receives the document, shall be the date of filing.

(b) When filed by mail, the date of filing shall be the postmarked date affixed by the United States Postal Service or, in the absence of a postmarked date, the most probable date of mailing.

(c) When filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, or improbable, in which case the fax receipt date stamped or written by the agency employee, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the most probable date of faxing shall be the date of filing.

(d) When filed by e-mail, the date of filing shall be the date of delivery, as evidenced by the receipt date on the Employment Department’s e-mail system, according to Pacific Time.

(e) When filed through the secured website, the date of filing shall be the date indicated in the confirmation e-mail sent to the requestor by the Employment Department, according to Pacific Time.

(f) When filed by any other means, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the employee of the Employment Department who receives the document.

(5) A request for hearing with respect to a claim for benefits shall not stay the payment of any benefits not placed in issue by the request for hearing, nor shall it stay an order previously entered allowing benefits.

(6) This rule is effective for all hearing requests filed after the effective date of this rule.

History

Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & OL 1993 & Ch. 729
Statutes/Other Implemented: ORS 657.280, 657.610 & 657
ED 58-2018, amend filed 07/13/2018, effective 07/15/2018
ED 5-2011, f. & cert. ef. 7-14-11
ED 1-2011(Temp), f. & cert. ef. 2-9-11 thru 7-31-11
ED 8-2005, f. 12-23-05, cert. ef. 12-25-05
ED 6-2005(Temp), f. 9-16-05, cert. ef. 9-18-05 thru 2-14-06
ED 2-2005, f. 4-29-05, cert. ef. 5-1-05
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 7-2003, f. 4-25-03, cert. ef. 4-27-03
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
ED 4-1994, f. & cert. ef. 9-2-94
1DE 5-1979, f. & ef. 8-27-79
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0007 Contested Case Proceedings Interpretation for Limited English Proficient Persons

(1) This rule applies to the Employment Department's Unemployment Insurance contested case proceedings that require the services of an interpreter for a limited English proficient person who is a party or witness.

(2) For purposes of this rule:

(a) A "limited English proficient person" means a person who, by reason of place of birth, national origin, or culture, speaks a language other than English and does not speak English at all or with adequate ability to communicate effectively in the proceedings;

(b) A "certified interpreter" means an interpreter certified under ORS 45.291; and

(c) A "qualified interpreter" means a person who is not certified under ORS 45.291, but is readily able to communicate with the limited English proficient person and who can orally transfer the meaning of statements to and from English and the language spoken by the limited English proficient person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style and register of the original statement, without additions or omissions. A qualified interpreter does not include any person who is unable to interpret the dialect, slang or specialized vocabulary used by the party or witness.

(3) In conducting contested case proceedings under this rule, the Employment Department will comply with the applicable provisions of ORS 45.272 to 45.292.

(4) If a limited English proficient person is a party or witness in a contested case aproceeding:

(a) The administrative law judge shall appoint a certified interpreter, if available, to interpret the proceedings to a limited English proficient party, to interpret the testimony of a limited English proficient party or witness, or to assist the administrative law judge in performing the duties of the administrative law judge.

(b) If a certified interpreter is unavailable, the administrative law judge shall appoint a qualified interpreter.

(c) Notwithstanding subsection (4)(a) of this rule, upon the request of a party or witness, the administrative law judge may appoint a qualified interpreter rather than a certified interpreter if the administrative law judge deems it appropriate under the circumstances.

(d) No fee shall be charged to any party or witness for the appointment and services of an interpreter in a contested case proceeding except as provided by ORS 45.275(5) and subsection (4)(g) of this rule.

(e) The administrative law judge may not appoint any person as an interpreter if the person has a conflict of interest with any of the parties or witnesses, is unable to understand or cannot be understood by the administrative law judge, party or witness, or is unable to work cooperatively with the administrative law judge, the person in need of an interpreter or the representative for that person. If a party or witness is dissatisfied with the interpreter selected by the administrative law judge, a substitute interpreter may be used as provided in ORS 45.275(5).

(f) If a party or witness is dissatisfied with the interpreter selected by the administrative law judge, the party or witness may use any certified interpreter, except that good cause must be shown for a substitution if the substitution will delay the proceeding. Good cause exists when information in the record establishes that the party or witness would be unable to effectively communicate without the assistance of a substitute interpreter.

(g) Fair compensation for the services of an interpreter shall be paid by the Employment Department except, when a substitute interpreter is used for reasons other than good cause, the party requesting the substitute shall bear any additional costs beyond the amount required to pay the original interpreter.

(5) In determining if a person is a qualified interpreter, the administrative law judge shall consider the following factors to ascertain whether the individual will be able to readily communicate with the limited English proficient person and orally translate the meaning of the statements made from English to the language spoken by the limited English proficient person:

(a) The person's native language;

(b) The number of years of education the person has in the language to be interpreted and the English language;

(c) The number of years of specialized training that has provided the person with the opportunity to learn and use the language to be interpreted and English;

(d) The amount of time the person has spent in countries where the language to be interpreted is the primary language;

(e) The number of years the person has spent acquiring the ability to read or write, or both, the language to be interpreted and the English language;

(f) The person's previous experience as an interpreter;

(g) The person's ability to interpret in a manner that conserves the meaning, tone, level, style, and register of the original statement, without additions or omissions;

(h) The person's ability to interpret the dialect, slang or specialized vocabulary of the original statement; and

(i) The person's knowledge of the Oregon Code of Professional Responsibility for Interpreters in Oregon Courts.

(6) In appointing an interpreter under this rule, the administrative law judge shall use a procedure and ask questions or make statements on the record substantially similar to the following:

(a) "Please state your name for the record."

(b) "Are you currently certified as an interpreter in Oregon in accordance with ORS 45.291 (in the language to be interpreted)?"

(c) "Is there any situation or relationship, including knowing any parties or witnesses in this case, that may be perceived by me, any of the parties, or any witnesses as a bias or conflict of interest in or with the parties or witnesses in this case?" If the prospective interpreter answers affirmatively, the administrative law judge shall inquire further to ascertain whether any disqualifying bias or conflict of interest exists with any of the parties or witnesses.

(d) "Are you able to understand me, the parties, and the witnesses in this proceeding?”

(e) "In your opinion, are the parties and witnesses able to understand you?"

(f) Directed at the parties and witnesses requiring the assistance of an interpreter: "Are you able to understand the interpreter?"

(g) "Are you able to work cooperatively with me and the person in need of an interpreter or counsel for that person?"

(h) If foregoing questions (b), (d), (e), (f), and (g) are answered affirmatively and the administrative law judge is satisfied that the prospective interpreter has no bias or conflict of interest under question (c), then the administrative law judge shall state: "I hereby appoint you as interpreter in this matter."

(i) If the prospective interpreter is not certified under ORS 45.291, then the administrative law judge shall proceed to determine whether the person is a qualified interpreter, using the criteria set forth in Section 5 of this rule. If a written statement of the prospective interpreter's qualifications is available, the administrative law judge shall enter that statement into the record. If a written statement of the prospective interpreter's qualifications is not available, the administrative law judge shall require the prospective interpreter to state his or her qualifications on the record. If the written statement is incomplete, or if the administrative law judge or a party questions the interpreter’s qualifications, the administrative law judge shall require the prospective interpreter to supplement his or her written statement of qualifications by providing additional information regarding the prospective interpreter's qualifications on the record.

(j) If the administrative law judge determines that the person is a qualified interpreter, then the administrative law judge shall state on the record, "Based on your knowledge, skills, training, or education, I find that you are qualified to act as an interpreter in this matter." If the administrative law judge is not satisfied that the person is capable of serving as a qualified interpreter, the administrative law judge shall not appoint the person to serve in such capacity.

(k) The administrative law judge will then administer the oath or affirmation for interpreters who are not certified under ORS 45.291: "Under penalty of perjury, do you (swear) (affirm) that you will make a true and impartial interpretation of the proceedings in an understandable manner, using your best skills and judgment in accordance with the standards and ethics of the interpreter profession?"

(1) After receiving the qualified interpreter's oath or affirmation, the administrative law judge shall state: "I hereby appoint you as interpreter in this matter."

(m) On the record, the administrative law judge will then instruct any limited English proficient party or witnesses as follows: "If, at any time during the hearing, you do not understand something, or believe there are problems with the interpretation, you should indicate by interrupting and calling this to my attention."

(7) If the Employment Department is on notice that a limited English proficient person is in need of an interpreter, the Employment Department shall provide notice of the need for an interpreter to the Office of Administrative Hearings which shall schedule that person's contested case proceeding for which notice has been provided with an interpreter. If the Employment Department is not on notice that an interpreter is needed for a limited English proficient person, the limited English proficient person, or that person's representative, must notify the Office of Administrative Hearings of such need in advance of the contested case proceeding for which the interpreter is requested.

(a) If, at the time of or during the contested case proceeding, it becomes apparent that an interpreter is necessary for a full and fair inquiry, the administrative law judge shall arrange for an interpreter and may postpone the proceeding if necessary.

(b) The request for an interpreter may be made orally or in writing to the Office of Administrative Hearings. At the request of the Office of Administrative Hearings such notice may include:

(A) The name of the person needing an interpreter;

(B) Whether the person needing an interpreter is a party or witness in the proceeding; and

(8) If a party is limited English proficient, English language exhibits are to be handled as follows:

(a) If the limited English proficient party confirms on the record that an interpreter already has interpreted an English language document for the party, the administrative law judge may receive the document into evidence without further interpretation of the document, unless necessary to assist a witness to provide relevant testimony.

(b) If the administrative law judge intends to receive into evidence an English language document that has not been previously interpreted under subsection (8)(a), the administrative law judge shall read the document and allow for contemporaneous interpretation. If the document is lengthy, the administrative law judge need not read into the record clearly irrelevant portions of the document, provided however that the administrative law judge shall summarize the remaining content of the document on the record.

(c) If, at the time of the proceeding, the administrative law judge does not rule on the admissibility of an offered English language document, then the administrative law judge shall read the offered document into the record and allow contemporaneous interpretation, subject to the exception in Section (b). The interpreter shall interpret all such offered documents or portions of such documents read into the record.

(d) If an offer of proof for excluded evidence includes an English language document, the interpreter shall interpret the document, subject to the exception in Section (b), for a limited English proficient party on the record, or off the record if so confirmed on the record by the limited English proficient party.

(e) Offered English language documents that the administrative law judge decides to exclude, in whole or in part, as irrelevant, immaterial, or unduly repetitious do not need to be interpreted. The administrative law judge shall orally summarize the contents of such offered but excluded documents, and the interpreter shall interpret that summary.

(9) A party may offer non-English language documents. If such a document is received into evidence, it shall be translated in writing or read into the record in English by the interpreter. Although the non-English language document will be part of the record, the English version of the document shall be the evidence in the case.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 45.272 - 292
ED 4-2006, f. 3-3-06, cert. ef. 3-5-06

Or. Admin. R. 471-040-0008 Contested Case Proceedings Interpretation for Individuals with a Disability

(1) For purposes of this rule:

(a) An "assistive communication device" means any equipment designed to facilitate communication by an individual with a disability;

(b) An "individual with a disability" means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment;

(c) A "qualified interpreter" for an individual with a disability means a person readily able to communicate with the individual with a disability, interpret the proceedings and accurately repeat and interpret the statements of the individual with a disability.

(2) If an individual with a disability is a party or witness in a contested case proceeding:

(a) The administrative law judge shall appoint a qualified interpreter and make available appropriate assistive communication devices whenever it is necessary to interpret the proceedings to, or to interpret the testimony of, the individual with a disability.

(b) No fee shall be charged to the individual with a disability for the appointment of an interpreter or use of an assistive communication device. No fee shall be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the person is disabled for purposes of this rule.

(4) When an interpreter for an individual with a disability is appointed or an assistive communication device is made available under this rule:

(a) The administrative law judge shall appoint a qualified interpreter who is certified under ORS 45.291 if one is available unless, upon request of a party or witness, the administrative law judge deems it appropriate to appoint a qualified interpreter who is not so certified.

(b) The administrative law judge may not appoint any person as an interpreter if the person has a conflict of interest with any of the parties or witnesses, is unable to understand or cannot be understood by the administrative law judge, party or witness, or is unable to work cooperatively with the administrative law judge, the person in need of an interpreter or the representative for that person. If a party or witness is dissatisfied with the interpreter selected by administrative law judge, a substitute interpreter may be used as provided in ORS 45.275(5).

(c) If a party or witness is dissatisfied with the interpreter selected by the administrative law judge, the party or witness may use any certified interpreter except that good cause must be shown for a substitution if the substitution will delay the proceeding.

(d) Fair compensation for the services of an interpreter or the cost of an assistive communication device shall be paid by the agency except, when a substitute interpreter is used for reasons other than good cause, the party requesting the substitute shall bear any additional costs beyond the amount required to pay the original interpreter.

(5) The administrative law judge shall require any interpreter for a person with a disability to state the interpreter's name on the record and whether he or she is certified under ORS 45.291. If the interpreter is not certified under ORS 45.291, the interpreter must state or submit his or her qualifications on the record and must swear or affirm to make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter's best skills and judgment in accordance with the standards and ethics of the interpreter profession.

(6) A person requesting an interpreter for a person with a disability, or assistive communication device for an individual with a disability, must notify the administrative law judge as soon as possible, but no later than 14 calendar days before the proceeding, including the hearing or pre-hearing conference, for which the interpreter or device is requested.

(a) For good cause, the administrative law judge may waive the 14-day advance notice.

(b) The notice to the administrative law judge must include:

(A) The name of the person needing a qualified interpreter or assistive communication device;

(B) The person's status as a party or a witness in the proceeding; and

(C) If the request is in behalf of an individual with a disability, the nature and extent of the individual's physical hearing or speaking impairment, and the type of aural interpreter, or assistive communication device needed or preferred.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 45.272 - 292
ED 4-2006, f. 3-3-06, cert. ef. 3-5-06

Or. Admin. R. 471-040-0010 Late Request for Hearing

(1)“Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address;

(B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service.

(b) Good cause does not include:

(A) Failure to receive a document due to not notifying the Employment Department or Office of Administrative Hearings of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal;

(B) Not understanding the implications of a decision or notice when it is received.

(2) Notwithstanding section (1) of this rule, good cause for failing to file a timely request for hearing shall exist when the appellant provides satisfactory evidence that the Employment Department failed to follow its own policies with respect to providing service to a limited English proficient person, including the failure to communicate orally or in writing in a language that could be understood by the limited English proficient person upon gaining knowledge that the person needed or was entitled to such assistance.

(3) "A reasonable time," is seven days after the circumstances that prevented a timely filing ceased to exist.

(4) The appellant shall set forth the reason(s) for filing a late request for hearing in a written statement, which the Office of Administrative Hearings (OAH) shall consider in determining whether good cause exists for the late filing, and whether the request was filed within a reasonable time.

(5) Nothing in subsection (4) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required.

(6) This rule is effective for all hearing requests filed on or after August 26, 2011.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.875
ED 1-2012, f. & cert. ef. 2-10-12
ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12
ED 12-2006, f. 12-1-06, cert. ef. 12-3-06
ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0015 Notice of Hearing

(1) To afford all parties a reasonable opportunity for a fair hearing, notice of hearing setting forth the time, date, place, and issue(s) in general shall be personally delivered or mailed at least five days in advance of the hearing to parties or their authorized agents at their last known address as shown by the record of the Director.

(2) The following parties shall be notified of a hearing when a request for hearing has been filed as provided by ORS 657.265 or 657.355:

(a) The Director;

(b) The claimant;

(c) The employing unit entitled to notice of the determination or decision under ORS 657.265; and any employing unit that could be expected to have information relating to the issue(s) of the hearing.

(3) In all other cases for which ORS Chapter 657 provides for hearing, parties who shall be notified of a hearing are:

(a) The Director; and

(b) The employer or employing unit which has filed a request or application for hearing.

(4) To best serve the parties involved, an administrative law judge may set a hearing at a convenient location or convenient locations.

(5) An administrative law judge may consolidate two or more hearings whenever it appears to the administrative law judge that such procedure will not unduly complicate the issues or jeopardize the rights of any of the parties.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.280 & 657.610
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
1DE 2-1980, f. & ef. 2-5-80
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0020 Subpoenas

(1) At the timely request of a party or on the administrative law judge's own initiative, an administrative law judge may issue a subpoena requiring a person to appear at a scheduled hearing for the purpose of giving testimony, or producing books, records, documents, or other physical evidence.

(2) A party that submits a request for subpoena should show:

(a) The name of the witness and the address where the witness can be served the subpoena;

(b) That the testimony of the person is material; and

(3) If the requesting party wishes the witness to produce books, records, documents, or other physical evidence, the party should also show:

(a) The name or a detailed description of the specific books, records, documents, or other physical evidence the witness should bring to the hearing;

(b) That such evidence is material; and

(c) That such evidence is in the possession of the person who will not voluntarily appear and bring such evidence to the hearing.

(4) An administrative law judge may limit the number of subpoenas for witnesses material to the proof of any one issue at the hearing.

(5) Service of the subpoena upon the witness is the responsibility of the party requesting the subpoena.

(6) A witness who attends a hearing pursuant to subpoena issued under this rule is entitled to witness fees and mileage as provided in Rule 55 E. (1), Rules of Civil Procedure, and in ORS 44.415(2) for subpoenaed witnesses. Fees will be paid by check mailed subsequent to the conclusion of the hearing. The witness shall request payment of fees by completion of forms approved by the Employment Department. Payment of fees shall be made promptly upon receipt of the request for payment.

(7) Only witnesses, other than parties, who attend a hearing pursuant to subpoena issued under this rule may be paid or reimbursed by the Employment Department for witness fees and mileage.

(8) For the purposes of ORS 657.295, the amount approved by the Director that counsel or agent representing an individual who is claiming benefits may charge or receive for the services is no more than 25% of an individual’s benefits affected by the administrative decision on a disputed claim and no more than 25% of the maximum benefit amount payable as defined under 657.150(5).

[Publications: Publications referenced are available from the agency.]

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.610, 657.155, 657.260, 657.295 & 657.317
ED 2-2014, f. 1-15-14, cert. ef. 2-23-14
ED 1-2014, f. 1-3-14, cert. ef. 2-23-14
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 1-1991, f. & cert. ef. 4-1-91
1DE 1-1985, f. & ef. 11-18-85
1DE 8-1981, f. & ef. 11-2-81
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0021 Postponement of Hearing

(1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be postponed.

(2) A postponement may be granted by Office of Administrative Hearings staff at the request of a party if:

(a) The request is promptly made after the party becomes aware of the need for postponement; and

(b) The party has good cause, as stated in the request, for not attending the hearing at the time and date set.

(3) For the purpose of subsection (2)(b) of this rule, good cause exists when:

(a) The circumstances causing the request are beyond the reasonable control of the requesting party; and

(b) Failure to grant the postponement would result in undue hardship to the requesting party.

History

Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & Ch. 729 & OL 1993
Statutes/Other Implemented: ORS 657.280 & 657.610
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 8-2003, f. 5-22-03, cert. ef. 5-25-03
ED 4-1994, f. & cert. ef. 9-2-94
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-040-0023 Telephone Hearings

(1) Unless precluded by law, the Employment Department may, in its discretion, hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Department from allowing some parties or witnesses to attend by telephone while others attend in person.

(2) The Department may direct that a hearing be held by telephone upon request or on its own motion.

(3) The Department shall make an audio or stenographic record of any telephone hearing.

(4) Prior to commencement of an evidentiary hearing that is held by telephone, each party and the Department shall provide to all other parties and to the Department copies of documentary evidence that it will seek to introduce into the record.

(5) Nothing in this rule precludes any party or the Department from seeking to introduce documentary evidence in addition to evidence described in section (4) during the telephone hearing and the presiding officer shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the Department and to the other parties, the hearing may be continued upon the request of any party or the Department for sufficient time to allow the party or the Department to obtain and review the evidence.

(6) The Department may delegate to the administrative law judge the discretion to rule on issues raised under this rule.

(7) As used in this rule, "telephone" means any two-way electronic communication device.

History

Statutory/Other Authority: ORS 657.266, 657.270, 657.317, 657.610 & 183.105(7)
Statutes/Other Implemented: ORS 657.280 & 657.610
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 2-1995, f. 8-29-95, cert. ef. 9-3-95
1DE 2-1980, f. & ef. 2-5-80

Or. Admin. R. 471-040-0025 The Hearing

(1) The purpose of the hearing is to inquire fully into the matters at issue and to make a decision on the basis of the evidence adduced at the hearing.

(2) No administrative law judge shall participate in a hearing if the administrative law judge has any private interest in the outcome of the hearing or holds any bias or prejudice which would impair a fair and impartial hearing. All testimony at any hearing before an administrative law judge shall be under oath or affirmation.

(3) The administrative law judge shall conduct and control the hearing. The administrative law judge shall determine the order of the presentation of evidence, administer oaths, examine any witnesses, and may either on the administrative law judge’s own or a party's request exclude witnesses from the hearing room. Parties, or their authorized agents, shall have the right to give testimony and to call and examine witnesses.

(4) Parties may appear on their own behalf or by authorized agent or counsel. The administrative law judge may require agents, other than counsel, when appearing without the party, to provide written authorization to appear for such party. When a party makes a general appearance at a hearing, defects in notice are waived.

(5) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude the administrative law judge from entering a decision unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of serious affairs shall be admissible. If a question of privilege arises, the administrative law judge shall fully and clearly inform the party of any rights as to such privilege and deal with procedural problems created by the existence of such issue in a way which protects the party's right to a fair hearing. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(6) All evidence shall be offered and made a part of the record in the case, and except for matters stipulated to and except for notice taken, no other factual information or evidence shall be considered by the administrative law judge in making the decision. The experience, technical competence, and specialized knowledge of the administrative law judge may be utilized in the evaluation of the evidence presented. The administrative law judge may offer and receive evidence deemed relevant and essential by the administrative law judge to a fair disposition of the issues.

(7) The administrative law judge may take official notice of judicially cognizable facts. The administrative law judge may take notice of general, technical, or scientific facts within the administrative law judge’s specialized knowledge and may take notice of documents, records, and forms retained within the Employment Department's files. The administrative law judge shall notify the parties of any official notice taken during the hearing or in the decision prior to such decision becoming final. Parties shall be afforded an opportunity to contest the material so noticed during the hearing or prior to the administrative law judge’s decision becoming final.

(8) In any hearing, the administrative law judge shall render a decision on the issue and law involved as stated in the notice of hearing. The administrative law judge’s jurisdiction and authority is confined solely to the issue(s) arising under the Employment Department Law. Subject to objection by any party, the administrative law judge may also hear and enter a decision on any issue not previously considered by the authorized representative of the Director and which arose during the hearing. The administrative law judge may continue the hearing or remand the matter to the authorized representative for consideration and action upon such issue(s) under the provisions of ORS 657.265. However, in no event shall the administrative law judge accept jurisdiction of a new issue and proceed with hearing on such issue when an interested party to such new issue has not waived right to notice.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.280, 657.610 & 657
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0026 Continuance of Hearing

(1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be continued.

(2) A administrative law judge may grant a continuance at the request of a party if:

(a) The request is made prior to the issuance of the administrative law judge’s decision; and

(b) The party has good cause, as stated in the request, for continuing the hearing.

(3) For the purpose of subsection (2)(b) of this rule, good cause exists when:

(a) The circumstances causing the request are beyond the reasonable control of the requesting party; and

(b) Failure to grant the continuance would result in undue hardship to the requesting party.

(4) An administrative law judge other than the one who presided at the first hearing may conduct a continued hearing.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.280, 657.610 & 657
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
1DE 153, f. 12-23-77, ef. 1-1-78

Or. Admin. R. 471-040-0030 Administrative Law Judge’s Decision

(1) The administrative law judge shall promptly prepare and serve a written decision after the conclusion of the hearing.

(2) The administrative law judge’s decision shall be based upon the evidence in the hearing record and upon any stipulated or officially noticed facts. Any findings of fact by the administrative law judge shall be based upon reliable, probative, and substantial evidence.

(3) The administrative law judge’s decision shall be in an approved form and shall contain:

(a) A caption clearly identifying the parties;

(b) A statement of jurisdiction;

(d) Findings of fact;

(e) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and

(f) A decision setting forth the action to be taken.

(4) Copies of the administrative law judge’s decision shall be personally delivered or mailed to the parties, or their authorized agents, at their last address of record.

(5) An administrative law judge may issue an amended decision prior to the previous decision becoming final. The amended decision shall be served as required by these rules and shall be subject to review.

(6) In accordance with the provisions of subsection (4) of ORS 657.270, an application for review of a administrative law judge’s decision may be filed by the Director or the Director's designee.

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.280, 657.610 & 657.270(4)
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
ED 5-1992, f. & cert. ef. 12-14-92
ED 1-1991, f. & cert. ef. 4-1-91
ED 1-1987, f. & ef. 1-12-87
1DE 2-1984, f. & ef. 9-28-84
1DE 2-1982, f. & ef. 12-8-82
1DE 5-1979, f. & ef. 8-27-79
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0035 Dismissals of Requests for Hearing

(1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant to withdraw the request for hearing.

(2) An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the Director's authorized representative after either one has:

(a) Issued a new or amended determination or decision that grants the appellant that which was placed in issue by the request for hearing; or

(b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based.

(3) On the administrative law judge’s own initiative, an administrative law judge may order that a request for hearing be dismissed if:

(a) The appellant fails to file the request for hearing within the time allowed by statute or rule;

(b) The appellant employer, under ORS 657.485, fails to set forth with the request for hearing the reason therefor;

(d) The request for hearing has been filed prior to the service of the decision or determination that is the subject of the request;

(e) The request for hearing is made by a person not entitled to a hearing on the merits or is made with respect to a determination or decision of the Director or authorized representative with respect to which there is no lawful authority to request a hearing.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.280, 657.610 & 657.485
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0040 Reopening of a Hearing

(1) After service of an administrative law judge's written decision as set forth in ORS 657.270, an administrative law judge may reopen the hearing if the party:

(a) Requesting the reopening failed to appear at the hearing;

(b) Files in writing, within 20 days of the date of mailing of the hearing decision, a request to reopen; and

(2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address;

(B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service.

(b) Good cause does not include:

(B) Not understanding the implications of a decision or notice when it is received.

(3) The party requesting reopening shall set forth the reason(s) for missing the hearing in a written statement, which the Office of Administrative Hearings (OAH) shall consider in determining whether good cause exists for failing to appear at the hearing.

(4) The administrative law judge's ruling on a request to reopen the hearing shall be in writing and mailed to the parties.

(5) The filing date for a request to reopen shall be determined under OAR 471-010-0040.

(6) The OAH will treat as a request to reopen the hearing any application for review that a party files with the Employment Appeals Board or the Employment Department, where the filing party failed to appear at the hearing that led to the decision on appeal, unless the applicant specifically states in the application that the applicant does not wish to have the case reopened. In the event that the OAH subsequently denies the request to reopen the hearing, it shall return the case to the Employment Appeals Board, which will then proceed to review the merits of the substantive decision. The original application for review shall serve as the basis for the Employment Appeals Board's review of the merits of that decision.

(7) Nothing in subsection (3) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required.

(8) This rule is effective for all requests to reopen filed after the effective date of this rule.

History

Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.280, 657.610 & 657
ED 1-2012, f. & cert. ef. 2-10-12
ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12
ED 12-2006, f. 12-1-06, cert. ef. 12-3-06
ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07
ED 4-2004, f. 7-30-04, cert. ef. 8-1-04
ED 2-2004(Temp), f. 5-3-04, cert. ef. 5-4-04 thru 10-31-04
ED 3-1999, f. 6-29-99, cert. ef. 7-4-99
1DE 153, f. 12-23-77, ef. 1-1-78
1DE 150, f. & ef. 2-9-76

Or. Admin. R. 471-040-0041 Late Request to Reopen

(1) The period within which a party may request reopening may be extended if the party requesting reopening:

(a) Has good cause for failing to request reopening within the time allowed; and

(b) Acts within a reasonable time.

(2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the Employment Department or Office of Administrative hearings mailed it to an incorrect address despite having the correct address;

(B) For telephone hearings, unanticipated, and not reasonably foreseeable, loss of telephone service.

(b) Good cause does not include:

(B) Not understanding the implications of a decision or notice when it is received.

(3) "A reasonable time," is seven days after the circumstances that prevented a timely filing ceased to exist.

(4) The party requesting reopening shall set forth the reason(s) for filing a late request to reopen in a written statement, which the Office of Administrative Hearings (OAH) shall consider in determining whether good cause exists for the late filing, and whether the party acted within a reasonable time.

(5) The filing date for a late request to reopen shall be determined under OAR 471-010-0040.

(6) Nothing in subsection (4) of this rule prevents the OAH from scheduling a hearing if in the sole judgment of the OAH testimony is required.

(7) The administrative law judge's decision on a late request to reopen shall be in writing and mailed to the parties.

(8) This rule is effective for all late requests to reopen filed after the effective date of this rule.

History

Statutory/Other Authority: ORS 657.270 & 657.875
Statutes/Other Implemented: ORS 657.280, 657.610 & 657.875
ED 1-2012, f. & cert. ef. 2-10-12
ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12
ED 12-2006, f. 12-1-06, cert. ef. 12-3-06
ED 10-2006(Temp), f. & cert. ef. 9-27-06 thru 3-21-07

Division 41 HIGHER APPEALS

Or. Admin. R. 471-041-0050 Definitions

(1) "ALJ" means Administrative Law Judge.

(2) "Applicant" means the party on whose behalf the application for review was filed.

(3) "EAB" means the Employment Appeals Board.

(4) “Mail” means United States Postal Service mail or private mail carrier.

(5) “OAH” means the Office of Administrative Hearings.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0010
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0060 Application for Review

(1) An application for review may be filed on forms provided by OAH or the Employment Department and other similar offices in other states. Use of the form is not required, provided the applicant requests review of a specific ALJ Order, or otherwise expresses intent to appeal an ALJ Order.

(2) An application for review may be filed in person, or by mail, fax, or electronic means to EAB, or any office of the Employment Department, including OAH, or any Employment Security Agency in any other state or jurisdiction where the applicant is claiming benefits.

(3) An application for review that does not conform to the requirements of this rule is subject to dismissal.

(4) Except as otherwise stated in this rule, EAB will treat an application for review by a claimant or employer that failed to appear at a hearing as a request to reopen the hearing under ORS 657.270.

(5) An application for review filed by a claimant or employer that failed to appear at the hearing and whose request for hearing was not dismissed for failure to appear will be treated as an application for review if:

(a) The applicant expresses in the application for review that they are not requesting to reopen the hearing, or

(b) The application for review does not include a written statement that sets forth the reason(s) for missing the hearing as required under OAR 471-040-0040(3).

History

Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.685
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 2-2008, f. & cert. ef. 1-8-08
ED 5-2007(Temp), f, & cert. ef. 10-16-07 thru 4-12-08
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 8-2006, f. 7-27-06, cert. ef. 7-30-06
ED 5-2004, f. 7-30-04, cert. ef. 8-1-04
ED 3-2004(Temp), f. 5-3-04, cert. ef. 5-4-04 thru 10-31-04
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 6-1996, f. 10-15-96, cert. ef. 10-21-96
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0005
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0065 Filing Dates

(1) Filing dates shall be determined as follows:

(a) If delivered in person, the filing date is the date of delivery, as evidenced by the receipt date stamped or written by the public employee who received the document.

(b) If mailed, the filing date is the date that the document is deposited in the United States mail in an envelope with first class postage, as evidenced by the postmark affixed to the envelope by the United States Postal Service.

(c) If mailed through a carrier other than the United States Postal Service, the filing date is the date that the document is deposited with that carrier, as evidenced by the date affixed to the envelope by that carrier.

(d) If faxed, the filing date is the encoded date on the faxed document.

(e) If filed by electronic means, the filing date is the encoded date on the electronic document.

(2) Where the information specified in section (1) of this rule is missing, unclear, or improbable the filing date is the date that EAB determines to be the most probable date of filing.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 1-1995, f. & cert. ef. 1-9-95

Or. Admin. R. 471-041-0070 Late Application for Review

(1) An application for review is timely if it is filed within 20 days of the date that OAH mailed the ALJ Order sought to be reviewed. EAB shall dismiss a late application for review unless the filing period is extended in accordance with this rule.

(2) The filing period may be extended a reasonable time upon a showing of good cause as provided by ORS 657.875.

(a) “Good cause” exists when the applicant provides satisfactory evidence that factors or circumstances beyond the applicant’s reasonable control prevented timely filing.

(b) “A reasonable time” is seven days after the circumstances that prevented timely filing ceased to exist.

(3) EAB shall dismiss a late application for review unless the applicant includes with the late application for review a written statement describing the circumstances that prevented a timely filing.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 9-2011(Temp), f. & cert. ef. 8-30-11 thru 2-18-12
ED 8-2011(Temp), f. & cert. ef. 8-26-11 thru 2-18-12
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0007
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0075 Acknowledgement of Application for Review

When EAB receives a valid and timely application for review of an ALJ Order that is adverse to the applicant’s interests, it shall notify all parties promptly by mail or electronic means.

History

Statutory/Other Authority: 657.610, ORS 183 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 1-1995, f. & cert. ef. 1-9-95

Or. Admin. R. 471-041-0080 Presentation of Argument

(1) Parties may submit written argument within 20 days of the date that EAB provides the notice required by OAR 471-041-0075.

(2) A party’s written argument will not be considered unless it:

(a) Includes a statement that a copy was provided to the opposing party or parties. Example: “I declare that on [date] I sent a copy of this document to the opposing party, addressed as follows: ABC Company, [description of sending method].”

(b) Is received within the time allowed.

(3) Written argument may be delivered in person, or sent by mail or other carrier, fax, or electronic means. EAB will make copies of any arguments received available to the Oregon Employment Department by electronic means.

(4) Any party may request that the time period allowed for submitting written argument under section (1) be extended.

(a) EAB may grant an extension of time to submit written argument if:

(A) The request is in writing;

(B) The request is promptly made after the party becomes aware of the need for the extension;

(D) The party has good cause, as stated in the request, for the extension; and

(E) The total period allowed for written argument, including all extensions, will not exceed 35 days from the application for review filing date.

(b) For the purpose of subsection (4)(a) of this rule, good cause exists when:

(A) The circumstances necessitating the extension are beyond the reasonable control of the requesting party; and

(B) Failure to allow the extension would result in undue hardship to the requesting party.

(c) If a party’s extension request is allowed, EAB shall notify all parties of the new written argument deadline orally, in writing, or by electronic means.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6) & 657.690
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0010
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0090 Additional Evidence

(1) Except as stated in this rule, information not received into the hearing record will not be considered on review.

(a) EAB may receive additional evidence into the record if necessary to complete the record.

(b) Any party may request that EAB consider additional evidence, and EAB may allow such a request when the party offering the additional evidence establishes that:

(A) The additional evidence is relevant and material to EAB’s determination, and

(B) Factors or circumstances beyond the party's reasonable control prevented the party from offering the additional evidence into the hearing record.

(c) EAB may take notice of information contained in Employment Department records, generally cognizable facts, and facts within EAB’s specialized knowledge.

(2) If EAB considers additional evidence when reaching a decision, EAB will notify the parties in the decision, include a copy with or citation to the additional evidence in the decision, and give the parties ten (10) days from the date of the decision in which to file a written objection to EAB’s admission of the additional evidence. Unless such objection is received and sustained, the additional evidence will remain in the record.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.275 & 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0015
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0095 Case Consolidation and Voting

Cases involving multiple parties, similar facts or similar issues may be consolidated. Cases are considered in panels of two or three EAB members. A member shall disqualify himself or herself from participation in any case in which the member has a private interest in the outcome, or a bias likely to impair his or her impartial review.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(3) & 657.685(6)
Renumbered from 471-041-0130, ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 1-1995, f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0035
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0098 Request to Withdraw Application for Review

An applicant’s written request to withdraw an application for review will be allowed unless the request is received after notice of EAB’s decision has been issued.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
Renumbered from 471-041-0120, ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 1-1995, f. & cert. ef. 1-9-1995
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0030
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0100 Notice of Decision

(1) Notice of EAB’s decision shall be by United States Postal Service mail or electronic means to each party or its representative at the physical or electronic address of record with EAB.

(2) Notice of EAB’s decision shall include:

(a) A caption identifying the parties and their representatives,

(b) The date the notice was issued,

(d) Findings of fact and conclusions and reasons, or a statement adopting the findings of fact and conclusions and reasons set forth in the ALJ Order.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.275 & 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 1-1995. f. & cert. ef. 1-9-95
ED 4-1993, f. & cert. ef. 11-22-93, Renumbered from 472-010-0020
ED 3-1993, f. & cert. ef. 10-1-93
EAB 1-1984, f. & cert. ef. 3-20-84
EAB 1-1983(Temp), f. & cert. ef. 9-14-83

Or. Admin. R. 471-041-0145 Reconsideration

(1) Any party may request reconsideration to correct an error of material fact or law, or to explain any unexplained inconsistency with Employment Department rule, or officially stated Employment Department position, or prior Employment Department practice.

(2) The request is subject to dismissal unless it:

(a) Includes a statement that a copy was provided to the opposing party or parties. Example: “I declare that on [date] I sent a copy of this document to the opposing party or parties, addressed as follows: ABC Company, [description of sending method]."

(b) Is filed on or before the 20th day after the decision sought to be reconsidered is mailed.

(A) Requests for reconsideration may be filed in person, or by mail or other carrier, fax, or electronic means.

(B) For purposes of this rule the filing date is determined using the same criteria listed in OAR 471-041-0065.

History

Statutory/Other Authority: ORS 183, 657.610 & 657.685
Statutes/Other Implemented: ORS 657.685(6)
ED 2-2019, amend filed 05/13/2019, effective 05/13/2019
ED 11-2006, f. 10-26-06, cert. ef. 10-29-06
ED 5-1999, f. 7-28-99, cert. ef. 8-1-99
ED 1-1995, f. & cert. ef. 1-9-95

Division 60 OFFICE OF ADMINISTRATIVE HEARINGS

Or. Admin. R. 471-060-0005 Request for Change of Administrative Law Judge

(1) The purpose of this rule is to establish uniform procedures for the change of assignment of administrative law judges.

(2) The words and terms used in OAR 471-060-0005 have the following meanings:

(a) An administrative law judge is "assigned to the case" when a written notice is sent to a party or agency naming the administrative law judge to preside over a contested case, or the date a party or agency has actual notice of the assignment, whichever is earlier.

(b) "Good cause" to support a request for a change of administrative law judge is any reason why an administrative law judge’s impartiality might reasonably be questioned. It includes, but is not limited to, personal bias or prejudice, personal knowledge of disputed facts, conflict of interest, or any other interest that could be substantially affected by the outcome of the proceeding.

(3) Every party and agency in a contested case is entitled to request a change of administrative law judge. Except for hearings provided under ORS 813.410 or 813.440 on suspension of driving privileges, the first request of that party or agency shall be automatically granted so long as it is filed within the time limits established by section (4). If that party or agency makes a subsequent request, the party or agency must show good cause why the administrative law judge should not preside over the hearing. A request for change of administrative law judge in hearings provided under ORS 813.410 or 813.440 on suspension of driving privileges may only be granted on a showing of good cause. The Chief Administrative Law Judge may designate in writing a person (or persons) to rule on requests under this rule.

(4) All requests must be in writing and sent or delivered to the Chief Administrative Law Judge or designee by filing the request with the Office of Administrative Hearings by hand delivery, mail, facsimile transmission, or electronic mail. To be entitled to an automatic change of administrative law judge, the party making the request must do so within 10 business days after an administrative law judge is assigned to the case.

(a) For purposes of this rule, business days do not include days of scheduled office closure. Scheduled days of office closure include, but are not limited to, Saturdays and the legal holidays identified in ORS 187.010 and 187.020, including Sundays. A request will be considered filed on the date a party or agency mails, faxes, emails, hand delivers, or electronically transmits the request to the Office of Administrative Hearings.

(b) The time for filing a request for a change of the administrative law judge assigned to the case may be extended if the party or agency making the request can demonstrate that the failure to make a timely request was caused by an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party, agency, or the Office of Administrative Hearings relating to procedural requirements. In such cases, the party or agency may file the request within 10 business days after the circumstances that prevented a timely filing have come to an end.

History

Statutory/Other Authority: ORS 183.645(1)
Statutes/Other Implemented: ORS 183.645
ED 6-2021, amend filed 11/30/2021, effective 12/03/2021
ED 1-2021, temporary amend filed 06/07/2021, effective 06/07/2021 through 12/03/2021
ED 18-2003, f. 12-31-03, cert. ef. 1-4-04
ED 2-2001, f. 1-26-01, cert. ef. 1-28-01
ED 3-2000, f. 6-23-00, cert. ef. 6-25-00
ED 8-1999(Temp), f. 12-29-99, cert. ef. 1-1-00 thru 6-28-00

Division 70 Paid Leave Oregon

Or. Admin. R. 471-070-0001 Purpose

The purpose of the division 70 rules is to provide procedures, standards, responsibilities, and criteria for administration of the Paid Leave Oregon program, defined in OAR 471-070-0010.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.340
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 59-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-0010 Definitions

(1) “Paid Leave Oregon” means the Paid Family and Medical Leave Insurance program as described under ORS chapter 657B.

(2) “Volunteer” as used in ORS 657B.010(14)(b)(E), means an individual who performs services for a public agency or private non-profit organizations for civic, charitable, or humanitarian reasons, without promise, expectations or receipt of compensation for services rendered.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.340 & 657B.010
ED 60-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-0400 Wages: Definitions

(1) “Agricultural labor”

(a) Except as provided in subsection (c) of this section, “agricultural labor” means service on a farm in connection with the production, raising, or harvesting of any agricultural or horticultural commodity, includes farming in all its branches, and, among other things, also includes:

(A) Cultivating and tillage of the soil;

(B) Dairying;

(C) Raising, shearing, feeding, caring for, training, and management of livestock, bees, fur-bearing animals, wildlife, and poultry; and

(D) Practices performed by a farmer or on a farm as an incident to or in conjunction with such farming operations, management, conservation, and improvement or maintenance of such farm and its tools and equipment, including preparation for market, delivery to storage or to market, or to carriers for transportation to market; and

(b) “Agricultural labor” includes all services performed in the employ of the operator or group of operators of a farm or farms (or a cooperative organization of which such operator or operators are members) in handling, planting, drying, packing, packaging, processing, freezing, grading, storing, or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if such operator or group of operators produced more than one-half of the commodity, as measured by volume, weight, or other customary means, with respect to which such service is performed.

(c) “Agricultural labor” does not include, among other things, processing services that transform an agricultural commodity from its raw or natural state and services performed with respect to an agricultural product after it has been transformed from its raw or natural state.

(d) “Farms,” as used in this section, includes stock, dairy, poultry, fruit, fur-bearing animals, Christmas tree and truck farms, plantations, orchards, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.

(2) "Bonuses,” “fees,” and “prizes" means an extra payment given by an employer in consideration of performance, production, or a share of profits.

(3) “Domestic service”

(a) Except as provided in subsection (b) of this section, “domestic service” means general services of a household nature performed by an employee in or about a private home (permanent or temporary) of the person by whom the employee is employed. The term includes, but is not limited to, services performed as cooks, waiters/waitresses, butlers, housekeepers, child monitors, general house workers, personal attendants, baby-sitters, janitors, launderers, caretakers, gardeners, grooms, and chauffeurs of automobiles for family use.

(b) “Domestic service” does not include work performed by:

(A) A parent or spouse of the employer;

(B) A child of the employer who is under 26 years of age;

(D) Children, other than children of the employer, who are under 14 years of age;

(E) Children under 18 years of age who provide babysitting services and persons who provide babysitting on a casual basis;

(F) Persons who perform casual labor in private homes or the maintenance of private homes or their premises, including but not limited to yard work, washing windows, and shoveling snow;

(G) Individuals employed by organizations licensed as required by ORS 443.015 or 443.315;

(H) Individuals performing companionship services exempt from the provisions of the Fair Labor Standards Act of 1938 (29 U.S.C 201 et seq.);

(I) Persons who perform house sitting duties that do not involve domestic service;

(J) Persons who provide domestic service in exchange for an in-kind good or service; and

(K) Services of those not of a household nature, such as services performed as a private secretary, tutor, nurse, or certified nursing assistant, even though performed in the employer’s private home.

(4) “Employing unit” has the same definition as “employer” as provided by ORS 657B.010(15).

(5) “Employment” means any service performed by an employee for an employer for remuneration or under any contract of hire, written or oral, expressed, or implied.

(6) “Holiday” means any of the holidays listed in ORS 187.010(1)(b)–(k) and (2), 187.020 and any holiday designated by the employer, union contract, or otherwise.

(7) "Holiday pay" means any remuneration that an employer pays an employee for a holiday, including, but not limited to, full or partial paid time off or additional pay for work on a holiday.

(8) “Paid time off” means compensated time away from work provided by an employer that the employee can choose to use for any reason, including, but not limited to, vacation, sickness, and personal time.

(9) “Private home,” as used in section (3) of this rule, means a fixed place of abode of an individual household. A separate and distinct dwelling unit maintained by a household in an apartment, house, hotel, or other similar establishment may constitute a private home, provided it is a place in which a person resides with the intention of residence or has so resided with the intention of returning. If a dwelling unit of an individual or family is used primarily as a boarding house for the purpose of supplying lodging to the public as a business enterprise, only that portion of the premises occupied by the individual or family may be considered a private home for the purposes of this rule.

(10) “Sick pay” means remuneration paid by an employer to an employee for time away from work due to sickness, unless excluded as a fringe benefit under ORS 657.115.

(11) “Stand-by pay” means remuneration paid by an employer to an employee who is required to be immediately available for work.

(12) "Vacation pay" means remuneration paid by an employer to an employee for time away from work provided by an employer to an employee to use for any reason the employee chooses but does not include leave for sick pay, compensatory time, holiday, or other special leave.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 61-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-0415 Wages: Incidental Expenses

(1) Wages do not include:

(a) Moneys paid to employees to reimburse them for meal expenses in the event employees are required to perform work after their regular office hours; and

(b) Amounts paid to employees to reimburse them for traveling or other expenses actually incurred by them while performing service for the employer.

(2) No deduction may be made under this section unless an accurate and detailed expense account is prepared by or with the knowledge of the employee and submitted to the employer in such form as will meet the requirements of the Internal Revenue Service and unless such account is preserved by the employer for a period of three calendar years.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0420 Wages: Pensions

An individual receiving a pension from a former employer shall not be considered an employee of that employer solely because of the pension. The amount of the pension is not wages

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0425 Wages: Jury Pay

Compensation, reimbursement, fees, lodging, meals or other remuneration paid or provided to an individual for services performed as a juror are not wages.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0430 Wages: Bonuses, Fees, and Prizes

Bonuses, fees and prizes are wages if paid or given by the employer to an employee as compensation, reward, or added remuneration for services. Bonuses, fees, and prizes shall be included in the payroll of the employer at the time they are paid. A bonus, fee, or prize paid or received during a calendar year shall be wages paid during the calendar year, and the Paid Leave Oregon contribution rate for such year shall be applicable to any bonus, fee, or prize constituting wages.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 62-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0435 Wages: Disability Payments and Accident Compensation

(1) When an employer continues the payment of wages during a disability period, or pays to the employee all or part of the difference between benefits or compensation received from an insurance carrier or State Accident Insurance Fund and the employee’s regular or usual wage, the sums so paid by the employer are wages unless excluded from the term wages by ORS 657.115 and 657.125.

(2) Lump sum or other special payments to compensate an employee for an accident sustained in the course of employment are not wages.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0440 Wages: Gifts

(1) Gifts, other than tips or gratuities, received by an employee during the course of employment from persons other than their employer are not wages.

(2) The director reserves the right, based on the facts in each particular case, to determine whether or not the gift is in fact a bonus, fee, or prize given as a reward or added remuneration for services rendered.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0445 Wages: Remuneration Types

Wages include, but are not limited to:

(1) Commission or a guaranteed wage;

(2) Compensatory pay;

(3) Dismissal or separation allowances;

(4) Holiday pay;

(5) Paid time off;

(6) Sick pay;

(7) Stand-by pay;

(8) Tips or gratuities; and

(9) Vacation pay.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0450 Wages: Remuneration Other than Cash

(1) Subject to the provisions of section (2) of this rule, wages include the cash value of all remuneration paid in any medium other than cash, except for agricultural labor and domestic service, as defined in the wage definition administrative rule, and the specific exemptions enumerated in ORS 657.115 through 657.140.

(2) Board, lodging, services, facilities or privileges furnished by an employer shall be considered remuneration paid for services performed by an employee unless it appears that furnishing of the same was not required by the terms of the contract of hire; written or oral, express or implied; and that the value thereof was not a material factor in the determination by either party of the amount of any cash remuneration payable for such services.

(3) The cash value of noncash remuneration shall be either:

(a) The amount of noncash remuneration which is carried on the employer's payroll, provided such amount is comparable to values prevailing in the community; or

(b) An amount determined by the director when the value of non-cash remuneration is not carried on the employer's payroll. In such determination, board furnished by an employer as remuneration for services shall have a minimum value of 30 percent of the standard meal per diem rates for the 48 continental United States and the District of Columbia established by the U.S General Services Administration (CONUS meal rate) per day. The rate per day will be rounded to the nearest dollar. The rate per month will be 30 times the rounded daily rate. If room is furnished in addition to board, no additional value will ordinarily be placed upon the room. If room and board are furnished at hotels, resorts or lodges, or if a room only, an apartment, a house or any other consideration is provided, the value for tax purposes will be the fair market value thereof.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0455 Wages: Cafeteria Plans

Employee benefits paid through a cafeteria plan, as defined in the Internal Revenue Code Section 125, are not wages if listed as excluded in ORS 657.115, even if paid through a payroll deduction.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0465 Wages: Corporate Officer and Shareholder Dividends

Remuneration means and includes any payments, which includes dividends paid to a corporate officer or shareholder, are wages to the extent that those payments are reasonable compensation for services performed for the corporation.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0470 Wages: Paid Leave Oregon Benefits

Paid Leave Oregon benefits issued by the Employment Department, employer or administrator through an approved equivalent plan, are not wages.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-0550 Continuous Jurisdiction

(1) In accordance with the provisions of ORS 657B.110, the director designates the following employees to have the authority to act for and in the name of the director in matters of reconsideration and correction of any final decision under ORS chapter 657B:

(a) Deputy Director;

(b) Division Director for Paid Leave Oregon;

(d) Any employee authorized and directed by individuals identified in paragraphs (a) through (c) of this section who, in the course of their assigned duties, are tasked with the writing, review, and reconsideration or correction of decisions issued by the Paid Leave Oregon program

(2) If the director finds, as new facts not previously known to the director or the designees specified in section (1) of this rule, that a claimant or an employing unit has suffered or would suffer substantial adverse effect because of:

(a) Misinformation provided to such party by an employee of the Employment Department; or

(b) Improper application of Employment Department Law or administrative rules by an employee of the Employment Department, the director, or one of the designees specified in section (1) of this rule, may take appropriate action to restore to the injured party all rights and benefits which were improperly denied.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010
ED 63-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0800 Outreach Plan

(1) In order to both inform and receive input from Oregon employers and eligible employees about the Paid Leave Oregon program before and after implementation, the department will establish an outreach and community engagement plan with a small employer, rural community, and equity lens that:

(a) Identifies a diverse group of persons, groups and organizations impacted by the program;

(b) Includes analysis of stakeholder expectations, concerns and suggestions relating to program implementation and administration; and

(2) Outreach and community engagement activities include, but are not limited to:

(a) Public awareness campaigns;

(b) Community outreach events throughout Oregon;

(d) Focus groups;

(e) Town halls;

(f) Workshops; and

(g) Stakeholder interviews.

(3) The department will collaborate with community-based, culturally specific, advocacy organizations, healthcare providers and healthcare navigators, serving historically marginalized and immigrant communities to ensure equitable access to information.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.340
ED 1-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2022, adopt filed 01/28/2022, effective 01/31/2022

Or. Admin. R. 471-070-0850 Electronic Filing

(1) Any return, statement, other document or report required to be filed under any provision of the laws administered by the department may be filed in electronic (as defined in ORS chapter 84) form if an authorized electronic method of filing such return, statement, other document or report is made available by the department.

(2) A return, statement, other document or report that is filed in electronic form may not be denied legal effect or enforceability solely because it is in electronic form.

(3) A return, statement, other document or report that is filed in electronic form is deemed to be filed and received on the date actually received by the department or on the date stated in the electronic acknowledgment of receipt issued by the department.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.340 & ORS 84.052
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-0900 Confidentiality: Definitions

(1) “Customer information” means information pertaining to an individual or a business entity contained in the records of the Employment Department related to the Paid Leave Oregon program, and includes:

(a) Aggregations of data about fewer than three businesses or in which any one business accounts for more than 80 percent of the aggregated data; and

(b) Aggregations of data about fewer than three individuals.

(2) “Need to know” means that access to, possession of, or other use of customer information is essential in order to carry out official duties.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023
ED 64-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-0910 Confidentiality: Information Collection

(1) The Paid Leave Oregon program shall collect customer information only for the purpose of administering ORS chapter 657B.

(2) The Paid Leave Oregon program shall collect an individual’s Social Security Number or Individual Taxpayer Identification Number only for the purpose of:

(a) Verifying a claimant’s wages or self-employed income to determine a claimant’s eligibility for Paid Leave Oregon benefits or to determine a self-employed individual’s eligibility for Paid Leave Oregon coverage;

(b) Collecting contributions;

(d) Tax reporting.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023
ED 65-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-0920 Confidentiality: Responsibility of Paid Leave Oregon Staff

(1) Paid Leave Oregon staff must safeguard the confidentiality of customer information collected or obtained and disclose information about the customer only as authorized by law and as necessary to administer ORS chapter 657B.

(2) Paid Leave Oregon staff and all other entities or individuals with access to Paid Leave Oregon information are authorized to access confidential customer information only on a “need to know” basis.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023
ED 66-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-0930 Confidentiality: Permissible Disclosures

In accordance with the disclosure authorized in ORS 657B.400(2), the director may, at the director’s discretion, disclose otherwise confidential information:

(1) Regarding details specific to the claimant’s benefits claim:

(a) To a claimant;

(b) To an authorized claimant designated representative, as described in and subject to the requirements described in OAR 471-070-1250;

(c) To the claimant’s current or prior employer or the employer’s representative. The department will share with the employer only claim information necessary to properly administer the claim (including, but not limited to, the claimant’s leave dates, frequency and duration of leave, and weekly benefit amount) unless the department has the express consent of the claimant or the claimant’s designated representative, or unless otherwise required by law; and

(d) To a third party for whom the claimant provides verbal consent for a one-time authorization.

(2) Regarding details specific to the business entity’s information:

(a) To the business entity; and

(b) To a third party for whom the business entity provides verbal consent for a one-time authorization.

(3) To the Administrative Law Judges of the Office of Administrative Hearings, as necessary, once a request for hearing has been filed and to prepare for a contested case proceeding under ORS 183.482.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.400
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-1000 Benefits: Definitions

(1) “Affinity,” as the term is used in ORS 657B.010, means a relationship that meets the following requirements:

(a) There is a significant personal bond that, when examined under the totality of the circumstances, is like a family relationship; and

(b) The bond under subsection (a) of this section is demonstrated by the following factors, with no single factor being determinative:

(A) Shared personal financial responsibility, including shared leases, common ownership of real or personal property, joint liability for bills, or beneficiary designations;

(B) Emergency contact designation of the claimant by the other individual in the relationship, or vice versa;

(D) Cohabitation and its duration and purpose;

(E) Geographical proximity; and

(F) Other factors that demonstrates the existence of a family-like relationship.

(2) “Application” means the process in which an individual submits the required information and documentation described in OAR 471-070-1100 to request benefits for a period of leave. Approval of an application establishes a claim.

(3) “Average weekly wage” means the amount calculated by the department as the state average weekly covered wage under ORS 657.150(4)(e), as determined not more than once per year. The average weekly wage is:

(a) Effective each year for the calculation of weekly benefit amounts for any benefit year commencing on and after the week that includes July 4; and

(b) Applied for the entire benefit year after a new benefit year is established, even if the average weekly wage amount changes during that benefit year.

(4) “Benefit year” means a period of 52 consecutive weeks beginning on the Sunday immediately preceding the day that family, medical, or safe leave commences for the claimant, except that the benefit year shall be 53 weeks if a 52-week benefit year would result in an overlap of any quarter of the base year of a previously filed valid claim. A claimant may only have one valid benefit year at a time.

(5) “Bias,” as the term is used for a safe leave purpose described in ORS 659A.272, means a bias crime as defined in ORS 147.380.

(6) “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30, or December 31.

(7) “Care,” as the term is used in ORS 657B.010(18)(a)(C) means physical or psychological assistance as used for leave taken to care for a family member with a serious health condition.

(a) “Physical assistance” means assistance attending to a family member’s basic medical, activities of daily living, safety, or nutritional needs when that family member is unable to attend to those needs themselves, or transporting the family member to a health care provider when the family member is unable to transport themselves.

(b) “Psychological assistance” means providing comfort, reassurance or companionship to a family member, or completing administrative tasks for the family member, or arranging for changes in the family member’s care, such as, but not limited to, transfer to a nursing home.

(8) “Child” as the term is used for family leave under ORS 657B.010(18)(a)(A) and (B), or for a safe leave purpose described in ORS 659A.272, means an individual described in ORS 657B.010(6) and who is:

(a) Under the age of 18; or

(b) Age 18 or older as an adult dependent substantially limited by a physical or mental impairment as defined by ORS 659A.104.

(9) “Claim” means a period of Paid Leave Oregon benefits that starts with an approved application for benefits and continues through the duration of the approved leave until the approved leave or benefit amount has been exhausted or the approved timeframe for the leave has been reached. A claimant may have multiple claims in a benefit year but may not be approved for more than the allowable benefit or leave amount as described in OAR 471-070-1030.

(10) “Claimant” means an individual who has submitted an application or established a claim for benefits.

(11) “Claimant Designated Representative” means an individual described in OAR 471-070-1250.

(12) “Consecutive” leave means leave taken for a continuous period of time, without interruption, based upon a claimant’s regular work schedule from all employment for a single qualifying purpose. A claimant who is taking consecutive leave may not perform work for any employer or perform self-employed work during the leave period.

(13) “Domestic violence,” as the term is used for a safe leave purpose described in ORS 659A.272, means abuse or the threat of abuse, as abuse is defined in ORS 107.705.

(14) “Electronic signature” has the meaning given that term in ORS 84.004.

(15) “Eligible employee’s average weekly wage” means an amount calculated by the department by dividing the total wages earned by an eligible employee during the base year by 52 weeks.

(16) “First year” after the child’s birth, foster placement, or adoption means the timeframe beginning the day of the child’s birth, foster placement, or adoption and ending the day before the child’s first birthday or first anniversary of the foster placement or adoption.

(17) “Foster care” means 24-hour care for children in substitution for, and away from, their parents or guardian. Foster care placement is made by or with the agreement of the State as a result of a voluntary agreement between the parent or guardian that the child be removed from the home, or pursuant to a judicial determination of the necessity for foster care and involves agreement between the State and foster family that the foster family will take care of the child. Although foster care may be with relatives of the child, state action must be involved in the removal of the child from parental custody.

(18) “Harassment,” as the term is used for a safe leave purpose described in ORS 659A.272, means the crime of harassment described in ORS 166.065.

(19) “Health care provider” means a person, other than a claimant or a person for whom a claimant is providing care,

who is one of the following:

(a) A person who is primarily responsible for providing health care to the claimant or the family member of the claimant before or during a period of Paid Leave Oregon leave, who is licensed or certified to practice in accordance with the laws of the state or country in which they practice, who is performing within the scope of the person’s professional license or certificate, and who is:

(A) A chiropractic physician, but only to the extent the chiropractic physician provides treatment consisting of manual manipulation of the spine to correct a subluxation demonstrated to exist by X-rays;

(B) A dentist;

(D) A naturopathic physician;

(E) A nurse practitioner;

(F) A nurse practitioner specializing in nurse-midwifery;

(G) An optometrist;

(H) A physician;

(I) A physician associate;

(J) A psychologist;

(K) A registered nurse; or

(L) A regulated social worker.

(b) A person who is primarily responsible for the treatment of the claimant or the family member of the claimant solely through spiritual means before or during a period of Paid Leave Oregon leave, including but not limited to a Christian Science practitioner.

(20) “In loco parentis” means acting in the place of a parent, having financial or day-to-day responsibility for the care of a child. A legal or biological relationship is not required.

(a) Whether a relationship qualifies as in loco parentis will be evaluated based on the totality of the circumstances, considering the following factors, with no single factor being determinative:

(A) The age of the child;

(B) The degree of the child’s dependence on the individual for care or support;

(D) The extent to which the individual performs duties commonly associated with parenthood;

(E) The nature, duration, and consistency of the caregiving relationship; and

(F) Other factors that demonstrate the existence of an in loco parentis relationship.

(b) The factors listed in (a) may be demonstrated by documentation described in OAR 471-070-1110 and OAR 471-070-1130.

(21) “Intermittent” leave means leave taken periodically in separate blocks of time or when leave is taken for two or more leave types simultaneously for an entire work day or work week from all employment. A claimant who is taking intermittent leave can perform work for any employer or perform self-employed work on work days they are not taking leave.

(22) “Offset” means the withholding of an amount from a benefit payment which would otherwise be payable to a claimant.

(23) “Pre-placement leave” means family leave taken under ORS 657B.010(18)(a)(B) before the actual adoption or foster placement of a child, if leave from work is required for the placement or adoption to proceed. Pre-placement leave may be taken by the prospective foster or adoptive parent in order to:

(a) Attend counseling sessions;

(b) Appear in court;

(d) Submit to a physical examination or home study;

(e) Travel to another state or country to complete an adoption; or

(f) Perform other actions that the department has determined are necessary for completing the legal process of an adoption or foster placement.

(24) “Self-employed individual’s average weekly income” means the amount calculated by the department by adding the total of an individual’s taxable income from self-employment, on which contributions have been paid under OAR 471-070-2030, and subject wages, if any, earned during the base year, and dividing by 52 weeks.

(25) “Serious health condition” means an illness, injury, impairment, or physical or mental condition of a claimant or their family member that:

(a) Requires inpatient care in a medical care facility such as, but not limited to, a hospital, hospice, or residential facility such as, but not limited to, a nursing home or inpatient substance abuse treatment center;

(b) In the medical judgment of the treating health care provider poses an imminent danger of death, or that is terminal in prognosis with a reasonable possibility of death in the near future;

(d) Involves a period of incapacity. “Incapacity” is the inability to perform at least one essential job function, or to attend school or perform regular daily activities for more than three consecutive calendar days. A period of incapacity includes any subsequent required treatment or recovery period relating to the same condition. The incapacity must involve one of the following:

(A) Two or more treatments by a health care provider; or

(B) One treatment plus a regimen of continuing care.

(e) Results in a period of incapacity or treatment for a chronic serious health condition that requires periodic visits for treatment by a health care provider, continues over an extended period of time, and may cause episodic rather than a continuing period of incapacity, such as, but not limited to, asthma, diabetes, or epilepsy;

(f) Involves permanent or long-term incapacity due to a condition for which treatment may not be effective, such as, but not limited to, Alzheimer's Disease, a severe stroke, or terminal stages of a disease. The employee or family member must be under the continuing care of a health care provider, but need not be receiving active treatment;

(g) Involves multiple treatments for restorative surgery or for a condition such as, but not limited to, chemotherapy for cancer, physical therapy for arthritis, or dialysis for kidney disease that if not treated would likely result in incapacity of more than three calendar days;

(h) Involves any period of disability due to pregnancy, childbirth, miscarriage or stillbirth, or period of absence for prenatal care; or

(i) Involves any period of absence from work for the donation of a body part, organ, or tissue, including preoperative or diagnostic services, surgery, post-operative treatment, and recovery.

(26) “Sexual Assault,” as the term is used for a safe leave purpose described in ORS 659A.272, means any sexual offense or the threat of a sexual offense as described in ORS 163.305 to 163.467, 163.472 or 163.525.

(27) “Stalking,” as the term is used for a safe leave purpose described in ORS 659A.272, means:

(a) The crime of stalking or the threat of the crime of stalking as described in ORS 163.732; or

(b) A situation that results in a victim obtaining a court’s stalking protective order or a temporary court’s stalking protective order under ORS 30.866.

(28) “Subject Wages” means Paid Leave Oregon wages that are paid and reported for an employee, as defined in ORS 657B.010(14), or an employee of a tribal government who has elected coverage under ORS 657B.130.

(29) “Willful” and “willfully” means a knowing and intentional act or omission.

(30) “Willful false statement” means any occurrence where:

(a) A claimant or employer makes a statement or submits information that is false;

(b) The claimant or employer knew or should have known the statement or information was false when making or submitting it;

(c) The statement or submission concerns a fact that is material to the rights and responsibilities of either the claimant or the employer under ORS chapter 657B; and

(d) The claimant or employer made the statement or submitted the information with the intent that the department would rely on the statement or information when taking action.

(31) “Willful failure to report a material fact” means any occurrence where:

(a) A claimant or employer omits or fails to disclose information;

(b) The claimant or employer knew or should have known that the information should have been provided;

(c) The information concerns a fact that is material to the rights and responsibilities of either the claimant or the employer under ORS chapter 657B; and

(d) The claimant or employer omitted or did not disclose the information with the intent that the department would take action based on other information or a lack of information.

(32) “Work day” means any day on which an employee performs any work for an employer and is an increment of a work week.

(33) “Work week” means a seven day period beginning on a Sunday at 12:01 a.m. and ending on the following Saturday at midnight.

History

Statutory/Other Authority: ORS 657B.090, 657B.340 & 657B.023
Statutes/Other Implemented: ORS 657B.010, ORS 657B.090, 657B.023, 657B.332 & Chapter 73 Oregon Laws 2024
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 67-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary amend filed 08/09/2023, effective 08/09/2023 through 02/04/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 13-2022, amend filed 11/04/2022, effective 11/04/2022
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1010 Benefits: Eligibility and Qualification for Benefits

(1) For an individual to be eligible to receive Paid Leave Oregon benefits, the individual must:

(a) Be one of the following:

(A) An employee;

(B) A self-employed individual who has elected coverage under ORS 657B.130 and in accordance with OAR 471-070-2010 and whose coverage is currently in effect; or

(C) An employee of a tribal government, where the tribal government has elected coverage under ORS 657B.130 and where the tribal government’s coverage is currently in effect.

(b) Earn at least:

(A) $1,000 in subject wages, as defined in OAR 471-070-1000, in either the base year or alternate base year;

(B) $1,000 in taxable income from self-employment, as defined in OAR 471-070-2000, in either the base year or alternate base year; or

(C) $1,000 in a combination of subject wages and taxable income from self-employment in either the base year or alternate base year.

(c) Contribute to the Paid Leave Oregon Fund established under ORS 657B.430 in accordance with ORS 657B.150 and OAR 471-070-2030 during the base year or alternate base year, as applicable;

(d) Experience a qualifying purpose for benefits under ORS 657B.020;

(e) Have current Oregon employment or self-employment from which they are expected to be available to work but are taking leave from work as described in OAR 471-070-1015;

(f) Submit an application for benefits in accordance with all requirements under ORS 657B.090 and OAR 471-070-1100;

(g) Have not exceeded their maximum paid leave and benefit amounts under ORS 657B.020 and OAR 471-070-1030 in the active benefit year; and

(h) Have no current disqualifications from receiving benefits due to:

(A) The individual being eligible to receive workers' compensation time loss benefits under ORS chapter 656, or Unemployment Insurance benefits under ORS chapter 657; or

(B) A director determination under ORS 657B.332 that the individual previously willfully made a false statement or willfully failed to report a material fact in order to obtain benefits.

(2) An individual may not exceed 12 weeks of paid leave per child for the purpose of caring for and bonding with the child during the first year after the birth or initial placement of the child or for the purpose of pre-placement leave, regardless whether a new benefit year starts during the first year following birth or initial placement or during the pre-placement process.

(3) An individual may not take the two additional weeks of leave for limitations related to pregnancy, childbirth, or related medical condition more than once per pregnancy, regardless of whether the individual has started a new benefit year.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.015, 657B.020 & Chapter 20 Oregon Laws 2024
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 68-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1015 Benefits: Leave from Work

(1) For an individual to be considered as taking leave from work, the individual must:

(a) Be otherwise expected to be available to work a work day or work week; and

(b) Be unable to perform their employment duties due to a qualifying purpose under ORS 657B.020.

(2) An individual may not be considered as taking leave from work if they are not performing their employment duties for reasons other than Paid Leave Oregon qualifying purposes described in ORS 657B.020 for a period of a week or longer. This timeframe does not apply to circumstances covered under subsection (b) of this rule, which may be less than a week. Reasons other than Paid Leave Oregon qualifying purposes include but are not limited to, circumstances related to:

(a) An employer’s business operations, such as:

(A) A lapse in seasonal operations;

(B) School break periods; or

(b) A period of incarceration, in which an individual is unable to perform their employment duties as a result of being an adult in custody.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.010 & ORS 657B.015
ED 69-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1020 Benefits: Assignment of Wages and Income

(1) For purposes of Paid Leave Oregon benefits, subject wages shall be assigned to the calendar quarter in which they are paid, in the same manner that Paid Leave Oregon contributions are payable pursuant to ORS 657B.150.

(2) For purposes of Paid Leave Oregon benefits, taxable income from self-employment shall be assigned to the quarters in which the contributions are paid in accordance with OAR 471-070-2030.

(3) Subject wages and taxable income from self-employment in a calendar quarter that are included in the base year or alternate base year of a claim for benefits may not be included in a different base year or alternate base year of any subsequent claim.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.050
ED 70-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1030 Benefits: Maximum Amount of Benefits in a Benefit Year

In any given benefit year, a claimant shall not receive Paid Leave Oregon benefits established under ORS 657B.340 that exceed an amount equal to:

(1) The employee’s weekly benefit amount multiplied by 12 for any combination of family, medical, or safe leave; or

(2) The employee’s weekly benefit amount multiplied by 14 for any combination of family, medical, or safe leave for 12 weeks and two additional weeks of leave for limitations related to pregnancy, childbirth or related medical condition, including but not limited to lactation for a total of 14.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.020 & 657B.050
ED 71-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1040 Benefits: Calculation of Days and Weeks Worked

(1) The number of work days in a work week is based on the average number of work days worked by an employee at all places of employment.

(2) There is a maximum of seven work days in a work week.

(3) There is a maximum of 24 hours in a work day.

(4) When a work day spans two calendar days, such as a shift beginning on day one at 10 p.m. and ending on the next day at 5 a.m., the work day will count on the calendar day in which the shift began. For shifts longer than 24 hours, the first work day will count on the calendar day in which the shift began. The second and subsequent work days within that shift will begin after each 24 hour period thereafter.

(5) If a claimant works a variable or irregular schedule:

(a) The number of work days in a work week is determined by counting the total number of days worked in the preceding 12 work weeks, dividing the total by 12, and rounding up to the nearest whole number.

(b) If the employee has not been employed by the employer for at least 12 weeks, the number of weeks the employee has been employed from the date of hire to the first day of leave shall replace 12 in the calculation in section (a).

History

Statutory/Other Authority: ORS 657B.090 & 657B.340
Statutes/Other Implemented: ORS 657B.090
ED 72-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, adopt filed 07/30/2024, effective 08/01/2024

Or. Admin. R. 471-070-1100 Benefits: Application for Benefits

(1) To request Paid Leave Oregon benefits provided under the state plan established in ORS 657B.340, a claimant must submit an application for benefits. An application must be submitted online or by another method approved by the department. For the application to be approved by the department, the application must be complete and must include, but is not limited to, the following:

(a) Claimant information, including:

(A) First and last name;

(B) Date of birth;

(D) Contact information, including mailing address and telephone number.

(b) Documentation sufficient to establish the claimant’s identity;

(c) Information about the claimant’s current employment or self-employment for which they are requesting leave from work:

(A) Business name(s) and dates of employment or self-employment;

(B) Business address and contact information for all employers or self-employed businesses;

(D) Any current breaks from work or anticipated future breaks from work that are unrelated to Paid Leave Oregon leave.

(d) Information about the notice given to any employers under ORS 657B.040 and OAR 471-070-1310, if applicable, and the date(s) any notice was given;

(e) Information about the claimant’s leave schedule, including:

(A) Employer(s) from which leave is being taken;

(B) Anticipated leave dates; and

(f) The type of leave taken by the claimant, which must be one of the following:

(A) Family leave;

(B) Medical leave; or

(g) Verification of the reason for the leave, including:

(A) For family leave to care for or bond with a child, verification consistent with OAR 471-070-1110;

(B) For family leave for pre-placement leave, verification consistent with OAR 471-070-1115;

(C) For family leave to care for a family member with a serious health condition, verification consistent with OAR 471-070-1120 and an attestation that the claimant has a relationship equal to “family member” under ORS 657B.010 and is caring for a family member with a serious health condition;

(D) For medical leave, verification consistent with OAR 471-070-1120; or

(E) For safe leave, verification consistent with OAR 471-070-1130.

(h) If the claimant is requesting up to two additional weeks of leave for limitations related to pregnancy, childbirth or a related medical condition, documentation that the claimant is currently pregnant or was pregnant within the year prior to the start of the additional two weeks of leave;

(i) Information about the claimant’s eligibility to receive workers’ compensation time loss benefits under ORS chapter 656 or Unemployment Insurance benefits under ORS chapter 657; and

(j) A written or electronically signed statement declaring under oath that the information provided in support of the application for Paid Leave Oregon benefits is true and correct to the best of the individual’s knowledge.

(2) An employee who has Paid Leave Oregon coverage solely through an employer with an equivalent plan approved under ORS 657B.210 must apply for Paid Family and Medical Leave Insurance benefits by following the employer’s equivalent plan application guidelines.

(3) An employee who is simultaneously covered by more than one employer’s equivalent plan approved under ORS 657B.210, or that is simultaneously covered by the state plan and at least one employer with an equivalent plan, must apply separately under all plans they are covered under and from which they are taking leave by following the respective application guidelines for each plan.

(4) A complete application for Paid Leave Oregon may be submitted to the department up to 30 calendar days prior to the start of family, medical, or safe leave and up to 30 calendar days after the start of leave. Applications submitted outside of this timeframe, either early or late, will be denied, except in cases where a claimant can demonstrate an application was submitted late for reasons that constitute good cause under section (5) of this rule.

(5) Good cause exists when a claimant establishes by satisfactory evidence submitted to the department that factors or circumstances beyond the claimant’s control prevented the claimant from submitting a completed application within the required timeframe under section (4) of this rule. Good cause for the late submission of an application is determined at the discretion of the department and includes, but is not limited to, the following:

(a) A serious health condition that results in an unanticipated and prolonged period of incapacity and that prevents an individual from timely filing an application; or

(b) A demonstrated inability to reasonably access a means to file an application in a timely manner, such as an inability to file an application due to a natural disaster or a significant and prolonged department system outage.

(6) If the department determines the claimant demonstrated good cause for late submission of an application, the department may accept the application up to one year after the start of leave.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.090, 657B.100 & 657B.340
Statutes/Other Implemented: ORS 657B.090, 657B.100 & Chapter 20 Oregon Laws 2024
ED 73-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1110 Benefits: Verification of Family Leave to Care for and Bond with a Child

(1) A claimant applying for Paid Leave Oregon benefits to care for and bond with a child during the first year after the child’s birth must provide one of the following forms of verification:

(a) The child's government issued birth certificate;

(b) A Consular Report of Birth Abroad;

(c) Legally recognized documents establishing paternity or guardianship, including but not limited to court-issued documents or administrative orders issued by the Department of Justice Division of Child Support;

(d) A Voluntary Acknowledgement of Paternity (form 45-31) signed and witnessed by a hospital representative and issued within 5 calendar days of the date of birth;

(e) A document issued by a health care provider of the child or pregnant parent. If issued before the date of birth, the document must be dated and signed within 60 calendar days before the expected date of birth;

(f) A hospital admission form associated with delivery;

(g) The Paid Leave Oregon Verification of Birth Form. If issued before the date of birth, the form must be dated and signed within 60 calendar days before the expected date of birth; or

(h) Another document approved by the department for this purpose. If issued before the date of birth, the form must be dated and signed within 60 calendar days before the expected date of birth.

(2) A claimant applying for Paid Leave Oregon benefits to care for and bond with a child during the first year after the placement of the child through foster care or the first year after the placement of the child through adoption must provide one of the following forms of verification that includes the child's first and last name:

(a) A copy of a court order verifying placement;

(b) A letter signed by the attorney representing the foster or adoptive parent that confirms the placement;

(c) A document from the foster care, adoption agency, or social worker involved in the placement that confirms the placement;

(d) A document for the child issued by the United States Citizenship and Immigration Services; or

(e) Another document approved by the department for this purpose.

(3) The verification required in sections (1) and (2) of this rule must show the following:

(a) Claimant’s first and last name as parent or guardian of the child after birth or placement of the child through foster care or adoption;

(b) If applying for Paid Leave Oregon benefits under section (1) of this rule, the date of the child's birth or the expected date of the child's birth;

(d) Unless issued by a government entity, the document must also contain:

(A) The issuer's first and last name;

(B) The issuer's title or specialization;

(D) The issuer's handwritten or electronic signature; and

(E) The date the document was signed or issued.

(4) If any of the documents listed in sections (1) and (2) of this rule do not include the full name of the claimant or, if required by this rule, the full name of the claimant’s child, or do not show the relationship of the child to the claimant, the claimant must submit one or more of the following documents to meet the verification requirements described in this rule:

(a) A legal marriage certificate;

(b) A certified Declaration of Domestic Partnership;

(d) A notarized Voluntary Acknowledgement of Paternity Affidavit (Form 45-21); or

(e) One or more documents issued by an independent and verifiable third party that establishes the parent relationship to the child. The document must be issued within six months before the claimant’s start of leave.

(f) One or more documents showing that the claimant is in an in loco parentis relationship with the child. The department may consider the following documents alone or in combination to determine whether the claimant has assumed an in loco parentis role with respect to the child:

(A) A valid power of attorney granting the claimant authority to care for and make decisions for the child;

(B) A court order establishing the claimant as custodian of the child;

(C) Documentation showing that the claimant has assumed caregiving responsibilities in association with a legal parent’s incarceration;

(D) The claimant’s most recent federal or state tax return listing the child as a dependent;

(E) A letter from a childcare provider, school, or health care provider identifying the claimant as a primary caregiver for the child;

(F) Documentation showing regular financial support to the child;

(G) Health insurance documentation listing the child as a covered dependent under the claimant’s policy; and

(H) Other documentation approved by the department that demonstrates an in loco parentis relationship consistent with the factors listed in OAR 471-070-1000.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 58-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 2-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 09/10/2024
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1115 Benefits: Verification of Pre-placement Leave

(1) A claimant applying for Paid Leave Oregon benefits for pre-placement leave, must provide one of the following forms of verification that confirms the intended adoption or foster care placement:

(a) A copy of a court order;

(b) A letter signed by the attorney representing the foster or adoptive parent;

(d) A document for the child issued by the United States Citizenship and Immigration Services; or

(e) Another document approved by the department.

(2) The verification required in this rule must be dated no earlier than 180 days prior to the start date of the requested leave period and contain:

(a) The first and last name of the claimant documented as the intended foster or adoptive parent;

(b) Information that identifies the child, including the child's first and last name, the child's date of birth, or other information satisfactory to the department; and

(A) The issuer's first and last name;

(B) The issuer's title or specialization;

(D) The issuer's handwritten or electronic signature; and

(E) The date the document was signed or issued.

History

Statutory/Other Authority: ORS 657B.090 & ORS 657B.340
Statutes/Other Implemented: ORS 657B.010 & ORS 657B.090
ED 57-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, adopt filed 12/27/2024, effective 01/01/2025

Or. Admin. R. 471-070-1120 Benefits: Verification of a Serious Health Condition

(1) A claimant applying for Paid Leave Oregon benefits for their own serious health condition or to care for a family member with a serious health condition must provide one of the following forms of verification:

(a) The Paid Leave Oregon Verification of a Serious Health Condition Form;

(b) The Oregon and Federal Family and Medical Leave Health Care Provider Certification issued by the Oregon Bureau of Labor and Industries (BOLI);

(c) The Family and Medical Leave Act (FMLA) certification of health care provider for a serious health condition form issued by the U.S. Department of Labor;

(d) A FMLA certification for a serious health condition form issued by an employer;

(e) A document issued by the patient’s health care provider; or

(f) Another document approved by the department for this purpose.

(2) The forms of verification listed in section (1) of this rule must include:

(a) The following information about the patient’s health care provider:

(A) First and last name;

(B) Type of medical practice/specialization;

(D) Handwritten or electronic signature. If issued before the start of leave, the verification document must be signed by the patient’s health care provider within 60 calendar days before the claimant’s leave start date;

(b) The claimant’s first and last name;

(d) The patient’s first and last name, if different from the claimant identified in section (2)(b) of this rule;

(e) The approximate date on which the serious health condition commenced or when the serious health condition created the need for leave;

(f) A reasonable estimate of the duration of the condition or recovery period for the patient;

(g) A reasonable estimate of the frequency and duration of intermittent leave and estimated treatment schedule, if applicable; and

(h) Other information as requested by the department to determine eligibility for the Paid Leave Oregon benefits, including:

(A) For medical leave, information sufficient to establish that the claimant has a serious health condition, including but not limited to a diagnosis or a description, including symptoms or required treatment of the serious health condition; or

(B) For family leave, information sufficient to establish that the claimant’s family member has a serious health condition, including but not limited to a diagnosis or a description, including symptoms or required treatment of the serious health condition.

(3) If any of the documents listed in section (1) of this rule do not include the full name of the patient or the claimant, if different from the patient identified in section (2)(b) of this rule, or do not show the family relationship of the claimant and the patient, the claimant must submit at least one of the following documents to meet the verification requirements described in this rule:

(a) A legal marriage certificate;

(b) A certified Declaration of Domestic Partnership;

(d) One or more documents issued by an independent and verifiable third party that establishes marriage, domestic partnership, or a significant family relationship between claimant and patient. The document must be issued within six months before the claimant’s start of leave.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 56-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 2-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 09/10/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1130 Benefits: Verification of Safe Leave

(1) A claimant applying for Paid Leave Oregon benefits for safe leave must provide verification certifying the claimant or the claimant’s child as defined in OAR 471-070-1000 is a survivor of domestic violence, harassment, sexual assault, bias, or stalking. Any of the following documents may be provided as verification:

(a) A copy of a federal agency or state, local, or tribal police report, or a formal complaint to a school’s Title IX Coordinator indicating that the claimant or the claimant’s child was a survivor of domestic violence, harassment, sexual assault, bias, or stalking;

(b) A copy of a protective order or other evidence from a federal, state, local, or tribal court, administrative agency, school’s Title IX Coordinator, or attorney that the claimant or the claimant’s child appeared in or was preparing for a civil, criminal, or administrative proceeding related to domestic violence, harassment, sexual assault, bias, or stalking;

(c) Documentation from an attorney, law enforcement officer, health care provider, licensed mental health professional or counselor, member of the clergy, employee of the Department of Justice division providing victim and survivor services, or victim services provider, verifying that the claimant or the claimant’s child was undergoing treatment or counseling, obtaining services, or relocating as a result of domestic violence, harassment, sexual assault, bias, or stalking;

(d) The Paid Leave Oregon Safe Leave Verification Form; or

(e) Another document approved by the department for this purpose.

(2) The documentation listed in section (1) of this rule must include:

(a) The full name of the claimant, or

(b) The full name of the child of the claimant, if the claimant is applying for safe leave because the claimant’s child is a survivor of domestic violence, harassment, sexual assault, bias, or stalking.

(3) The documentation listed in section (1) of this rule must be dated no more than 12 months before the date the claimant applied for leave.

(4) If the documentation is dated earlier than 12 months before the date the claimant applied for leave, the claimant must provide a written statement in addition to documentation listed in section (1) of this rule that describes the current need for leave, along with any additional information requested by the department.

(5) In cases where a claimant can demonstrate good cause for not providing one of the forms of documentation in section (1) of this rule, the claimant may instead provide a written statement attesting that they are taking eligible safe leave, which includes a brief description of the purpose for taking leave. Good cause for not providing the documentation is determined at the discretion of the department and includes, but is not limited to, the following:

(a) Difficulty obtaining verification due to a lack of access to services; or

(b) Concerns for the safety of the claimant or the claimant’s child.

(6) If the claimant is applying for safe leave because the claimant’s child is a survivor of domestic violence, harassment, sexual assault, bias, or stalking, and the verification document provided in section (1) of this rule does not show the family relationship between the claimant and the child, the claimant must submit at least one of the following documents that establishes the relationship between the claimant and child;

(a) The child’s government issued birth certificate;

(b) Court issued documents establishing paternity or guardianship;

(d) The Paid Leave Oregon Verification of Birth Form;

(e) One or more documents issued by an independent and verifiable third party that establishes the relationship between the claimant and child; or

(A) A valid power of attorney granting the claimant authority to care for and make decisions for the child;

(B) A court order establishing the claimant as a guardian or custodian of the child;

(C) Documentation showing that the claimant has assumed caregiving responsibilities in association with a legal parent’s incarceration;

(D) The claimant’s most recent federal or state tax return listing the child as a dependent;

(E) A letter from a childcare provider, school, or health care provider identifying the claimant as a primary caregiver for the child;

(F) Documentation showing regular financial support to the child;

(G) Health insurance documentation listing the child as a covered dependent under the claimant’s policy; and

(H) Other documentation approved by the department that demonstrates the nature of the relationship consistent with the factors listed in OAR 471-070-1000.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 55-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 2-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 09/10/2024
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1200 Benefits: Claim Processing; Additional Information

In addition to the information required from a claimant under OAR 471-070-1100 and OAR 471-070-1205, the department may request that a claimant provide additional information necessary to establish facts relating to eligibility or qualification for benefits. Unless a time frame is otherwise defined under statute or rule or is specified by an authorized department representative, the claimant must respond to all requests for information within the following time frames:

(1) 14 calendar days from the date of the request for information, if the request was sent by mail to the claimant’s last known address as shown in the department’s records.

(2) 10 calendar days from the date of the request for information, if the request was sent by telephone message, email, or other electronic means.

(3) When the response to the request for information is sent to the department by mail, the date of the response shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of the response shall be the most probable date of mailing as determined by the department.

(4) The time frames specified in sections (1) and (2) of this rule may be extended at the department’s discretion when a claimant can demonstrate they failed to provide a timely response for good cause. Good cause exists when the claimant responds to the department as soon as practicable and establishes by satisfactory evidence that circumstances beyond the claimant’s control prevented the claimant from providing a timely response, including, but not limited to, an incapacitating serious health condition or a situation related to safe leave.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1205 Benefits: Weekly Claims

(1) A claimant taking Paid Leave Oregon benefits on an intermittent leave schedule or for more than one qualifying purpose as described in OAR 471-070-1430, must file a weekly claim in order to receive Paid Leave Oregon benefits for that week.

(2) For a weekly claim to be approved, the weekly claim must be complete and include, but is not limited to, the following information:

(a) The dates of the work week being claimed;

(b) The number of work days of leave taken for each leave type specified under 657B.020;

(d) Claimant’s eligibility to receive workers' compensation time loss benefits under ORS chapter 656 or Unemployment Insurance benefits under ORS chapter 657 for the work week;

(e) Any changes to current employment, including any new employment or employment that has ended since the benefit application or last weekly claim; and

(f) A written or electronically signed statement declaring under oath that the information provided in support of the weekly claim is true and correct to the best of the claimant’s knowledge.

(3) The weekly claim must be submitted only after that work week has ended and no later than 30 calendar days following the end of the work week in which the family, medical, or safe leave was taken. Weekly claims submitted after 30 calendar days will be denied, except in cases where a claimant can demonstrate a weekly claim was submitted late for reasons that constitute good cause under section (5) of this rule.

(4) For claimants taking intermittent leave, the number of days of leave eligible in a work week may not exceed the average number of work days worked per week, as provided under OAR 471-070-1100(1)(c)(C) or OAR 471-070-1210(2), minus the number of days actually worked during the work week.

(5) Good cause exists when a claimant establishes by satisfactory evidence submitted to the department that factors or circumstances beyond the claimant’s control prevented the claimant from submitting a weekly claim within the required timeframe under section (3) of this rule. Good cause for the late submission of a weekly claim is determined at the discretion of the department and includes, but is not limited to, the following:

(a) A serious health condition that results in an unanticipated and prolonged period of incapacity and that prevents a claimant from timely filing a weekly claim; or

(b) A demonstrated inability to reasonably access a means to file a weekly claim in a timely manner, such as an inability to file a weekly claim due to a natural disaster or a significant and prolonged department system outage.

(6) If the department determines the claimant demonstrated good cause for late submission of a weekly claim, the department may accept the weekly claim up to one year after the leave was taken.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.020, 657B.090 & Chapter 20 Oregon Laws 2024
ED 54-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1210 Benefits: Updates to a Claim for Leave

(1) After submitting an application for benefits as specified in OAR 471-070-1100, a claimant must notify the department within 10 calendar days of any changes to the information provided on their application and provide additional information as provided in OAR 471-070-1200, if applicable, including, but not limited to, changes to the claimant’s:

(a) First and last name;

(b) Mailing address;

(d) Current employment or self-employment;

(e) Leave schedule;

(f) Type of leave taken; or

(g) Eligibility to receive workers' compensation time loss benefits under ORS chapter 656 or Unemployment Insurance benefits under ORS chapter 657.

(2)(a) A claimant may change their average number of work days worked per work week that they provided on the application for benefits only under the following circumstances in which the claimant:

(A) Added one or more new employer(s) since applying for benefits;

(B) Left one or more employer(s) since applying for benefits; or

(b) Any approved change to the average number of work days worked per work week shall take effect beginning on the Sunday of the first week after the claimant experienced a change in employment or started an additional qualifying purpose for benefits.

(3) Failure to notify the department of any changes to the information provided on an application for benefits as specified in section (1) of this rule may result in a delay, denial, overpayment, or disqualification of weekly benefits.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.090 & 657B.340
Statutes/Other Implemented: ORS 657B.090, 657B.100 & Chapter 20 Oregon Laws 2024
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1220 Benefits: Cancellation of a Claim

A claim may be cancelled at any time provided:

(1) A request to cancel has been submitted online or in another method approved by the department;

(2) No leave was taken under the claim;

(3) Benefits have not been paid for the claim. Benefits are considered paid if a payment has been mailed or electronically sent to the claimant’s bank or other financial institution, or the payment was distributed but intercepted; and

(4) No disqualification has been issued by the department and no appeal of a disqualification or denial has been requested.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1230 Benefits: Administrative Decisions

(1) Administrative decision shall be made on timely submitted applications and claims in accordance with ORS 657B.100 and shall be based on information available from the following sources: the department’s records, information provided or obtained from the claimant, employers, administrators, or other sources as appropriate, including, but not limited to, health care providers and other state agencies.

(2) Written notice of administrative decisions shall be provided to the claimant and delivered to the claimant’s last known address as shown in the department’s records or delivered electronically when permitted, if the claimant has opted for electronic notification.

(3) The administrative decision shall contain, at a minimum:

(a) Identification of the claimant;

(b) Identification of the issues, citing the laws and rules involved;

(d) A statement allowing benefits, including the frequency and duration, or denying benefits;

(e) The date of the decision; and

(f) A statement advising the claimant of their appeal rights and the manner in which an appeal may be submitted.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.090 & 657B.100
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1250 Benefits: Claimant Designated Representative

(1) A claimant may designate as a claimant designated representative an individual, 18 years of age or older, who is authorized by the claimant to represent the claimant by exchanging information with the Paid Leave Oregon program on behalf of the claimant as specified in section (2) of this rule. The Paid Leave Oregon program will recognize only one individual representative for a claimant at a given time.

(2) A claimant designated representative, or an individual specified in section (7) of this rule, is authorized to do the following:

(a) Receive information submitted to the Paid Leave Oregon program by the claimant;

(b) Receive information about Paid Leave Oregon benefits that the claimant has received or will receive;

(d) Provide information to the Paid Leave Oregon program on behalf of the claimant, including information required to complete a Paid Leave Oregon claim for benefits;

(e) File a Paid Leave Oregon claim for benefits on behalf of the claimant; and

(f) Request a hearing to obtain review of a final decision of the director regarding any of the matters listed in ORS 657B.410(1)(b) and appear in a hearing conducted before the Office of Administrative Hearings on behalf of the claimant, as described in OAR 471-070-8050.

(3) Except for individuals specified in section (7) of this rule, to designate a representative, the claimant must complete and submit the department’s Designated Representative Form, electronically or by mail. In order for the representative to be approved by the department to exchange information, the form must be complete. At a minimum, it must include the following:

(a) Claimant information:

(A) First and last name;

(B) Social Security Number or Individual Taxpayer Identification Number;

(D) Contact information, including mailing address and telephone number;

(b) Claimant designated representative information:

(A) First and last name;

(B) Relationship to claimant; and

(d) A dated attestation with a handwritten signature by the claimant declaring that the claimant understands the purpose of the authorization, that the claimant has not been pressured to sign the authorization, and that the designation can be revoked at any time; and

(e) A dated attestation with a handwritten signature by the claimant designated representative declaring that they are acting in the best interest of the claimant.

(4) The claimant may revoke the authorization at any time by providing written notification to the department.

(5)(a) The authorization to represent will automatically end on the last day of the claimant’s current benefit year. In the event that the claimant dies before the end of the benefit year, the designation will end on the date of death.

(b) If no application for benefits is submitted within 30 days of the department approving the designation, the authorization will end . If a claimant’s application for benefits is submitted more than 30 calendar days after the designation has been approved, the claimant must submit a new form to designate a representative.

(6) The claimant designated representative must maintain the confidentiality of any information they receive from the department on behalf of the claimant. The department is not responsible for any disclosure of the claimant’s information by the claimant designated representative.

(7) In addition to the individuals referenced in section (1) of this rule, an individual granted power of attorney by the claimant to act as the claimant’s ‘agent’ or ‘attorney-in-fact’ with respect to the claimant’s Paid Leave Oregon benefits or contributions, is authorized to provide information to and receive information from the department, if the individual with the power of attorney provides documentation satisfactory to the department to demonstrate that the individual has been granted authority to act on behalf of the claimant.

(8) The documentation referenced in section (7) of this rule, at a minimum, must:

(a) Show that the individual has specific authority to act on behalf of the claimant for Paid Leave Oregon purposes;

(b) Provide dates that establish the period the individual has the authority to act on behalf of the claimant; and

(9) Individuals listed in section (7) of this rule must also provide documentation approved by the department for this purpose that is sufficient to establish the identity of the claimant and the individual with the granted power of attorney.

(10) If the claimant designated representative, or the individual granted power of attorney by the claimant do not provide information required in this rule or provide inaccurate information to the department, the claimant is responsible for any resulting delay, denial, overpayment, or disqualification of Paid Leave Oregon benefits.

(11) If the claimant dies, the authority of the individual with a power of attorney with respect to the claimant’s Paid Leave Oregon benefits or contributions will expire automatically on the claimant’s date of death.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 127.002 - 127.045 & ORS 657B.400
Statutes/Other Implemented: ORS 657B.400
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 53-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 2-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 09/10/2024
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-1260 Benefits: Authorized Agent of an Incapacitated or Deceased Claimant

(1) The director may designate an individual as an authorized agent to act on behalf of an incapacitated claimant or on behalf of a deceased claimant as specified in ORS 657B.090(5). The Paid Leave Oregon program will recognize only one individual representative for a claimant at a given time. If multiple individuals request to become an authorized agent of a deceased claimant, and the decedent’s estate does not have a personal representative or executor, or a person otherwise authorized by a probate court to manage the estate, the department will follow the order of individuals in ORS 293.490 when approving the designation.

(2) If a claimant is incapacitated due to a serious health condition, as defined in OAR 471-070-1000, and is physically or mentally unable to designate a representative under OAR 471-070-1250 an individual who is a family member of the claimant, as defined in ORS 657B.010, may request to become an authorized agent of the incapacitated claimant.

(3) An individual family member who is seeking to be designated as an authorized agent of a claimant who is incapacitated due to a serious health condition must submit the form approved by the department for this purpose, electronically or by regular mail. At a minimum, the form must include:

(a) The claimant’s information:

(A) First and last name;

(B) Social Security Number or Individual Taxpayer Identification Number;

(D) Contact information; including mailing address;

(b) The authorized agent information:

(A) First and last name;

(B) Relationship to claimant; and

(d) A dated certification with a handwritten signature from a health care provider, as defined in OAR 471-070-1000, who is treating the claimant due to their incapacitation and attests that the claimant is incapacitated and unable to complete the requirements for filing or providing information on a Paid Leave Oregon claim and unable to independently designate a representative; and

(e) A dated attestation with a handwritten signature from the individual requesting to be designated as the authorized agent of the incapacitated claimant, declaring that they will:

(A) Act in the best interest of the claimant;

(B) Maintain claimant confidentiality; and

(f) One or more of the following documents that show the individual’s family relationship to the claimant:

(A) Certified Declaration of Domestic Partnership;

(B) Legal marriage certificate;

(D) At the discretion of the department, other documents issued by an independent and verifiable third party that establish marriage, domestic partnership, parenthood, or other family relationship between the individual and claimant.

(4)(a)The authorization referenced in section (2) of this rule will automatically end on the earlier of the following dates, as applicable: the date the department is informed that the claimant is no longer incapacitated, the last day of the claimant’s current benefit year, or the claimant’s date of death.

(b) If no application for benefits is submitted for the incapacitated claimant within 30 calendar days of the department approving the individual as the authorized agent for the incapacitated claimant, the authorization ends.

(5) In addition to family members referenced in section (2) of this rule, the following individuals may act on behalf of an incapacitated claimant:

(a) An individual who has been court-appointed as a claimant’s legal guardian or conservator with the authority to make decisions on the claimant’s behalf, if the authorized individual provides a copy of the guardianship or conservatorship documentation to the department; or

(b) An individual granted power of attorney by the claimant to act as the claimant’s ‘agent’ or ‘attorney-in-fact’ with respect to the claimant’s Paid Leave Oregon benefits or contributions, if the authorized individual provides documentation satisfactory to the department.

(6) The documentation referenced in section (5) of this rule, at a minimum, must:

(a) Show that the individual has specific authority to act on behalf of the claimant for Paid Leave Oregon purposes;

(b) Provide dates that establish the period during which the individual has the authority to act on behalf of the claimant;

(c) Include the name of the claimant and the name of the claimant’s legal guardian or conservator or the individual granted power of attorney; and

(d) Include any other information the department specifies as necessary to establish the individual’s authority to act on behalf of the claimant.

(7) If the authorized agent of an incapacitated claimant, a claimant’s court-appointed legal guardian or conservator, or the individual granted power of attorney by a claimant do not provide the information required in this rule or provide inaccurate information to the department, the claimant is responsible for any resulting delay, denial, overpayment, or disqualification for Paid Leave Oregon benefits.

(8) If a claimant dies before submitting a claim for Paid Leave benefits or before a final decision is made regarding the claim, any of the individuals described in ORS 293.490(3) may request to become an authorized agent of a deceased claimant.

(9) An individual seeking approval to be designated as an authorized agent for a deceased claimant must submit:

(a) The form approved by the department for this purpose, electronically or by regular mail. At a minimum, the form must include:

(A) The information listed in section (3)(a) and (b) of this rule;

(B) The claimant’s date of death;

(b) A death certificate or other documentation approved by the department that is sufficient to establish the date of death;

(c) A dated attestation with a handwritten signature from the individual requesting to represent the deceased claimant, declaring that they will:

(A) Act in the best interest of the claimant’s estate;

(B) Maintain claimant confidentiality; and

(d) One or more of the following documents that show the individual’s relationship to the deceased claimant:

(A) Legal marriage certificate;

(B) Legal birth certificate;

(C) At the discretion of the department, other documents issued by an independent and verifiable third party that establish marriage, parenthood, or other relationship between the individual and claimant listed in ORS 293.490.

(10) In addition to individuals referenced in section (8) of this rule, an executor or personal representative of the deceased claimant’s estate or person otherwise authorized by a probate court may be designated as authorized agent of the deceased claimant if the individual provides satisfactory documentation to the department that shows the individual’s authority.

(11) The authority provided to the authorized agent of a deceased claimant automatically ends on the last day of the claimant’s current benefit year. If no application for benefits is submitted for the deceased claimant within 30 calendar days of the department approving the individual as the authorized agent for the deceased claimant, the authorization ends.

(12) The individuals described in sections (2), (5), (8) and (10) of this rule must provide documentation approved by the department that is sufficient to establish the identity of the claimant and the individual seeking to be designated as an authorized agent of the incapacitated or deceased claimant.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 125.025, ORS 293.490 & 657B.400
Statutes/Other Implemented: 657B.400 & Chapter 93, Oregon Laws 2025
ED 75-2025, adopt filed 12/29/2025, effective 01/01/2026

Or. Admin. R. 471-070-1300 Benefits: Written Notice Poster to Employees of Rights and Duties

(1) The director shall make available to employers a model Paid Leave Oregon notice poster that meets the requirements of ORS 657B.440.

(2)(a) Each employer must display the department’s notice poster in each of the employer’s buildings or worksites in an area that is accessible to and regularly frequented by employees; and

(b) An employer with employee(s) assigned to remote work must provide, by hand delivery, regular mail, or through an electronic delivery method, a copy of the department’s notice poster to each employee assigned to remote work. The notice poster must be delivered or sent to each employee assigned to remote work upon the employee’s hire or assignment to remote work.

(3)(a) For employers that have employee(s) working in buildings or worksites, the notice poster displayed under (2)(a) of this rule by the employer must be displayed in the language the employer typically uses to communicate with the employee. If the employer uses more than one language to communicate with employees assigned to a building or worksite, then the employer must display copies of the notice poster in each of the languages that the employer would typically use to communicate with the employees assigned to that building or worksite; and

(b) For employers that have employee(s) assigned to remote work, the notice poster provided under (2)(b) of this rule by the employer must be provided in the language the employer typically uses to communicate with each employee assigned to remote work.

(4) An employer offering an equivalent plan approved under ORS 657B.210 must follow the employer notice poster requirements specified in OAR 471-070-2330.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & 675B.440
Statutes/Other Implemented: 675B.440 & ORS 657B.070
ED 52-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1310 Benefits: Employee Notice to Employers Prior to Commencing Leave

(1) Except as provided in ORS 657B.040(5) for safe leave, an eligible employee must give notice to their employer when commencing a period of family, medical, or safe leave.

(2) If the leave is foreseeable, an eligible employee must give oral notice at least 30 calendar days before commencing leave and an employer may require an eligible employee to give written notice at least 30 calendar days before commencing leave. Examples of foreseeable leave include, but are not limited to, an expected birth, planned placement of a child, or a scheduled medical treatment for a serious health condition of the eligible employee or a family member of the eligible employee.

(3) If the leave is not foreseeable, an eligible employee may commence leave without 30 calendar days advance notice. However, the eligible employee or another person on behalf of the eligible employee taking leave must give oral notice to the employer within 24 hours of the commencement of the leave and must provide written notice within three days after the commencement of leave. Leave circumstances that are not foreseeable include, but are not limited to, an unexpected serious health condition of the eligible employee or a family member of the eligible employee, a premature birth, an unexpected adoption, an unexpected foster placement by or with the eligible employee, or for safe leave.

(4) An employer may require a written notice to include:

(a) Employee’s first and last name;

(b) Type of leave;

(d) Actual or anticipated timing and duration of leave.

(5) Written notice includes, but is not limited to, handwritten or typed notices, and electronic communication such as text messages and email that is consistent with the employer’s known, reasonable, and customary policies.

(6) An employer that requires eligible employees to provide written notice before the eligible employee commences leave, must outline the requirements in the employer’s written policy and procedures. A copy of the written policy and procedure must be provided to all employees at the time of hire and each time the policy and procedure changes and in the language that the employer typically uses to communicate with the employee. If the employer requires the employee to provide written notice, the policy and procedures must include a description of the benefit reduction under section (10) of this rule that may be imposed by the department for not complying with the employer’s notice requirements.

(7) An employee does not need to expressly mention the Paid Leave Oregon program when giving their employer written or oral notice under this rule.

(8) The department will notify the employer pursuant to OAR 471-070-1320(1) when a claimant has applied for paid family, medical, or safe leave benefits. The employer may respond to the notice from the department within 10 calendar days from the date on the department’s notice to report if the claimant did not provide the required notice under this rule. The employer may respond to the department’s notice either online or by another method approved by the department.

(9) If the employer does not respond to the department’s notice as described in section (8) of this rule within 10 calendar days from the date on the department’s notice, the claimant’s application for benefits shall be processed using the information available in the department’s records.

(10) If the department determines that the claimant did not provide the required leave notice to the employer, the department may impose a benefit reduction by issuing a decision and reducing the first weekly benefit amount payable under ORS 657B.090 by 25 percent. The first benefit payment issued will be reduced by the entire amount of the reduction. If the first benefit payment issued is less than the entire amount of the reduction, the subsequent benefit payment(s) will be reduced until the entire reduction has been subtracted.

(11) The claimant may appeal the imposition of the benefit reduction in accordance with ORS 657B.410 and applicable administrative rules.

(12) The employee may request a waiver of the benefit reduction for good cause. Good cause will be found when the employee establishes, by satisfactory evidence, that factors or circumstances beyond the employee’s reasonable control prevented the employee from providing the required notice to the employer. Good cause includes, but is not limited to, an incapacitating serious health condition or a situation related to safe leave, for which the employee provided notice to the employer as soon as was practicable.

(13) The department, in its discretion, may waive the imposition of the benefit reduction without a request for a waiver by the employee if the department determines that the employee had good cause for not providing notice to their employer(s) or applying the benefit reduction is against equity, good conscience, or administrative efficiency.

(14) If an employee receives their first weekly benefit payment, and the department subsequently determines that proper notice to the employer was not made by the employee, an amount equal to the 25 percent benefit reduction will be considered an erroneous overpayment, and that amount of the reduction may be collected from the employee in accordance with ORS 657B.332.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.040
Statutes/Other Implemented: ORS 657B.040
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 51-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1320 Benefits: Communication to Employers and Employee Application for Benefits

(1) After a claimant has filed an application or updated their claim for Paid Leave Oregon benefits, the department shall notify any employers from whom the claimant is requesting paid leave and provide information about the employee’s claim, including but not limited to the potential weekly benefit amount.

(2) Employers or administrators may respond to the notice from the department within 5 calendar days of the date on the department’s notice to report any additional information before the employee’s Paid Leave Oregon claim is processed. Employers or administrators shall respond to the department’s notice online or through another method approved by the department. If the employer or administrator fails to provide information within 5 calendar days, the claimant’s application for benefits shall be processed using the information available in the department’s records. If the employer or administrator later provides additional information, the department may reprocess the claim, taking into account the additional information.

(3) The department may determine whether a claimant has coverage under an equivalent plan approved under ORS 657B.210 and the effective dates of that coverage, along with gathering information about any claim for benefits that the claimant has filed under an equivalent plan. The department may request information from the claimant’s equivalent plan employer and administrator, if applicable, after the claimant files an application with the department. When this information is requested, equivalent plan employers or administrators must respond to the department’s request within 10 calendar days from the date on the request for information.

(4) After a claimant’s application for benefits has been processed by the department and a decision is issued to the claimant, the department shall notify the claimant’s employers and administrators, if applicable, whether the claimant’s application for benefits was approved or denied by the department, and, if approved, the dates and period of leave that the claimant is approved for.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.040
Statutes/Other Implemented: ORS 657B.040
ED 50-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1350 Benefits: Active Benefit year and Benefit Draw Down

(1) If the department determines that a claimant has been covered under at least one equivalent plan in the 12 months prior to their requested Paid Leave Oregon-covered leave start date, the department may request information as described in OAR 471-070-1320.

(2) If a claimant received benefits under an equivalent plan in the 12 months prior to their requested Paid Leave Oregon-covered leave start date, the start of the claimant’s Paid Leave benefit year is the Sunday immediately prior to the claimant’s leave start date under the equivalent plan.

(a) If the claimant received benefits under more than one equivalent plan during the prior 12 months, the start of the claimant’s Paid Leave benefit year is the earliest equivalent plan benefit year start date.

(b) If a claimant received Paid Leave benefits and then took leave under an equivalent plan before the Paid Leave benefit year ended, the claimant’s Paid Leave benefit year start date does not change if the claimant applies for Paid Leave benefits again in the same benefit year.

(3) To ensure that a claimant does not receive more than the maximum leave and benefit amount allowed in a Paid Leave benefit year under ORS 657B.020, the department will reduce the remaining leave weeks and monetary benefits in the claimant’s Paid Leave Oregon benefit year by the amount of leave a claimant took under an equivalent plan in the 12 months prior to their requested Paid Leave start date or, by the amount of leave the claimant took from an equivalent plan employer during the current Paid Leave benefit year, if the claimant only took leave under an equivalent plan, but not under Paid Leave Oregon.

(4)(a) The claimant and each equivalent plan employer or plan administrator must report the leave the claimant took under the equivalent plan in the 12 months prior to the claimant’s requested Paid Leave start date, if requested by the department.

(b) If the claimant took intermittent leave, the claimant and employer or administrator must report the total leave days for each week since the start of the claimant’s equivalent plan benefit year, or since the date the department last requested this information about the claimant’s leave, whichever is later.

(5) If the claimant or the equivalent plan employer or administrator fails to provide the requested information within the timeframe described in OAR 471-070-1320 and OAR 471-070-2230 the department may:

(a) Calculate the number of leave days the claimant took under each equivalent plan using the information available to the department; and

(b) Impose a penalty for employer violation of equivalent plan requirements and terminate the equivalent plan in accordance with ORS 657B.220, ORS 657B.925 and OAR 471-070-2450.

(6) If the claimant, employer or administrator provide additional information after the claimant’s remaining Paid Leave benefits have been reduced that demonstrates the claimant is entitled to a different amount of leave, the department may recalculate the claimant’s remaining leave.

(7) If the information provided by the claimant and the equivalent plan employer or administrator conflicts, the department may request additional information to establish facts relating to the claimant’s leave under the equivalent plan.

(8) If the claimant took intermittent leave under an equivalent plan, any reduction of the remaining weeks of leave in the claimant’s Paid Leave benefit year is calculated by adding the total number of reported leave days the claimant took under an equivalent plan and dividing that by the average number of work days the claimant works in a work week for all employers at the time the claimant applies for Paid Leave benefits. “Work day” and “work week” have the meaning provided in OAR 471-070-1000 and OAR 471-070-1040.

(9) The department will not reduce the amount of leave available to the claimant in a given week by more than the average number of work days the claimant works in a work week for all employers at the time the claimant applies for Paid Leave benefits.

(10) The department shall notify the claimant and each equivalent plan employer if the claimant’s remaining weeks of leave in the Paid Leave benefit year were reduced based on the reported number of leave weeks or days taken under the equivalent plan.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.020
ED 75-2025, adopt filed 12/29/2025, effective 01/01/2026

Or. Admin. R. 471-070-1410 Benefits: Initial and Amended Monetary Determinations

(1)(a) When a claimant files an application for benefits as described in OAR 471-070-1100, which establishes a new benefit year, the department shall examine the application for benefits and, on the basis of information available, shall make an initial determination of:

(A) The total amount of subject wages paid to the claimant during the base year or alternate base year;

(B) The total taxable income from self-employment earned by the claimant during the base year or alternate base year for an individual that has elected coverage under OAR 471-070-2010;

(C) Whether or not the amounts in sections (1)(a)(A) and (1)(a)(B) of this rule are sufficient to meet the eligibility requirement under OAR 471-070-1010(1)(b); and

(D) The claimant’s weekly benefit amount under ORS 657B.050, provided the claimant is eligible for benefits under section (1)(a)(C) of this rule.

(b) The department’s initial determination shall be applicable to all weeks of the benefit year respecting which the claim was filed, except that the department’s determination may be amended with respect to any week or weeks of the benefit year as described under section (2) of this rule.

(2)(a) A claimant who receives an initial determination under section (1) of this rule may request that the determination be amended. Upon receipt of such a request, the department will investigate by examining records of wages and income submitted to the department by the claimant, employers, and state agencies in an attempt to verify subject wages or taxable income from self-employment alleged by the claimant to be missing or reported incorrectly.

(b) If, as the result of an investigation, the subject wages or taxable income from self-employment either make a previously ineligible claimant eligible for benefits, or increase or decrease the weekly benefit amount of a previously approved claim, then the department will issue an amended determination.

(c) The amended determination shall replace the initial determination made under section (1) of this rule and shall be applicable to all weeks of the benefit year respecting which the claim was filed.

(d) If, as the result of an investigation, all or part of the requested wages or taxable income from self-employment is not included in the determination, the department will so notify the claimant by issuing an amended determination or by affirming the initial determination.

(3) Unless the claimant files a request for hearing with the department regarding the initial or amended determination, the determination shall become final once the time for requesting a hearing has passed. The department shall pay or deny benefits in accordance with the determination, unless otherwise provided by law. The request for hearing must be filed not later than 60 calendar days after the delivery of the initial or amended determination unless the department mails the determination, in which case the request for hearing must be filed not later than 60 calendar days after the date the determination is mailed to the last-known address of the claimant.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.100
Statutes/Other Implemented: ORS 657B.100 & 657B.050
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1420 Benefits: Leave Periods and Increments

(1) A claimant may request family, medical, or safe leave provided under ORS chapter 657B in either consecutive or intermittent periods of leave.

(2) Notwithstanding section (1) of this rule, a claimant may take pre-placement leave only on an intermittent basis.

(3) Leave may be taken, and benefits may be claimed in increments that are equivalent to one work day or one work week, as defined in OAR 471-070-1000. When claiming an increment of less than a full work week, the number of work days that can be reported during a week is established by the average number of work days worked per week by the claimant as defined in OAR 471-070-1040.

(4) When benefits are claimed in an increment that is equivalent to one work day or one work week, leave must be taken from all employers and from all self-employed work for the entirety of that period to receive benefits.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.090 & 657B.020
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1430 Benefits: Simultaneous Qualifying Purposes

(1) A claimant may take Paid Leave Oregon for more than one qualifying purpose under ORS 657B.020 during the same week, provided the claimant submits a separate and complete application as described in OAR 471-070-1100 for each qualifying purpose, is for a different qualifying reason, and is approved to take leave for each qualifying purpose in the benefit year.

(2) The multiple qualifying reasons taken within the same week can be for the same type of qualifying purpose; for example, a claimant may take family leave for two different family members, each with their own serious health condition.

(3) A claimant shall not receive a Paid Leave Oregon benefit payment for more than one type of qualifying purpose taken on a single work day.

(4) For any week in which a claimant takes leave for more than one qualifying purpose, that claimant must file a weekly claim, as described in OAR 471-070-1205, to receive Paid Leave Oregon benefits.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.020
ED 48-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1440 Benefits: Weekly Benefit Proration

(1) A claimant who takes leave in work day increments, as described in OAR 471-070-1000, shall be paid a prorated benefit amount based on the number of work days of leave taken in the work week.

(2) The benefit amount paid for a work day is calculated by dividing the claimant’s weekly benefit amount by the average number of work days that the claimant worked per work week.

(3) The total benefit amount paid for leave taken in work day increments is calculated by multiplying the benefit amount paid for a work day, rounded to the nearest whole cent, by the number of work days of leave taken for the work week, not to exceed the weekly benefit amount. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.090
Statutes/Other Implemented: ORS 657B.090
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 9-2022, adopt filed 07/22/2022, effective 07/22/2022

Or. Admin. R. 471-070-1445 Benefits: Self-Employed Benefit Calculation

(1) For any self-employed individual who elects Paid Leave Oregon coverage under OAR 471-070-2010 and pays contributions as provided in OAR 471-070-2030, the weekly benefit amount that an individual may qualify for is determined as follows:

(a) If the self-employed individual’s average weekly income is equal to or less than 65 percent of the average weekly wage, the individual’s weekly benefit amount shall be 100 percent of the self-employed individual’s average weekly income.

(b) If the self-employed individual’s average weekly income is greater than 65 percent of the average weekly wage, the individual’s weekly benefit amount is the sum of:

(A) 65 percent of the average weekly wage; and

(B) 50 percent of the self-employed individual’s average weekly income that is greater than 65 percent of the average weekly wage.

(2) Notwithstanding section (1) of this rule:

(a) The maximum weekly benefit amount is 120 percent of the average weekly wage.

(b) The minimum weekly benefit amount is five percent of the average weekly wage.

(3) If a self-employed individual is taking less than a full week of leave, the department will prorate the weekly benefit amount as specified in OAR 471-070-1440.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.050
ED 47-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1450 Benefits: Benefit Payment Methods

(1) Paid Leave Oregon benefits shall be paid by such method as the director may approve.

(2) The department’s primary payment method to any claimant approved to receive Paid Leave Oregon benefits shall be through direct deposit into a checking or savings account in a financial institution in the United States as an electronic funds transfer. “Electronic funds transfer” has the same meaning as provided in ORS 293.525.

(3) Claimants who do not select direct deposit will be paid by a stored value card.

(4) If the department determines that it is not feasible to issue payment to a claimant through direct deposit or a stored value card, then the department may issue a check to the claimant.

History

Statutory/Other Authority: ORS 293.525 & 657B.340
Statutes/Other Implemented: ORS 293.525 & 657B.050
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 46-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1460 Benefits: Lost, Stolen, Destroyed, or Forged Benefit Checks

(1) When a benefit check has been lost, stolen, destroyed, or forged and for purposes of this rule:

(a) A benefit check is “lost” if the claimant never received an issued check, and the check’s whereabouts is unknown, or it was received but was not cashed and now cannot be found.

(b) A benefit check is “stolen” if the check was taken or cashed by another without the authorization of the payee, whether or not the other person’s identity is known.

(d) “Forgery” of a benefit check has the same meaning as provided in ORS 165.007 and further defined in 165.002.

(2) If a benefit check has been issued but not cashed and the claimant completes a written sworn statement that the benefit check was lost, stolen, or destroyed, the check will be reissued in accordance with ORS 293.475 if at least 10 calendar days from the date the original check was issued has elapsed. If the original check and replacement check are both received and cashed by the claimant, the claimant shall be liable for repayment of the overpayment to the department.

(3) If the benefit check has been issued and cashed and it is alleged that the check was not signed by the claimant or the claimant's authorized agent, a determination will be made on the validity of the endorsement:

(a) If the endorsement is determined to be the claimant or the claimant’s authorized agent’s, the director will notify the claimant by letter and no replacement check will be issued;

(b) In the case of forgery or any unauthorized cashing of a benefit check, a replacement check will be issued if the claimant is due benefits, unless the claimant received any portion of the benefits, or otherwise benefited from the funds.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 293.470 & 293.475
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1465 Benefits: Payment Due to a Deceased Individual and Abandoned Payment

(1) In the event of the death of an individual to whom Paid Leave Oregon benefit payments totaling $10,000 or less are owed and where the decedent’s estate is not subject to probate, the department shall pay the benefits to an individual lawfully eligible to receive the payment per ORS 293.490 who must submit an acceptable affidavit to the department.

(2) The affidavit submitted under section (1) of this rule must be submitted within two years from the decedent’s date of death.

(3) Benefit amounts not claimed within two years of the decedent’s death will be considered abandoned and delivered to the State Treasurer per ORS 98.352.

History

Statutory/Other Authority: ORS 657B.090 & 657B.340
Statutes/Other Implemented: ORS 657B.090, ORS 98.336, 98.352, 293.490 & 293.495
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 45-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1470 Benefits: Benefit Payment Offsets, Withholdings and Reductions

(1) After any benefit reduction under ORS 657B.040, a claimant’s weekly benefit payment may be reduced, as applicable, according to the priority order set out in section (2) of this rule before the department issues the weekly benefit payment to the claimant.

(2) The priority of additional offsets against, withholdings from, or reductions to the weekly benefit payment is:

(a) Paid Leave Oregon benefit overpayments described under ORS 657B.332, ORS 657B.335 and OAR 471-070-1510.

(b) Federal personal income tax withholdings described under OAR 471-070-1480.

(d) Child support and spousal support orders described under ORS 25.080.

(e) Restitution for crime victims. If multiple court orders for restitution exist, garnishments will be applied in the order the court orders were received.

(3) Weekly benefit payments of less than $1.00, after all offsets, garnishments or other reductions will not be issued to the claimant.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.050 & Chapter 20 Oregon Laws 2024
ED 44-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 7-2023, minor correction filed 08/10/2023, effective 08/10/2023
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1480 Benefits: Federal and State Voluntary Tax Withholding

(1) A claimant receiving Paid Leave Oregon benefits can elect to voluntarily have federal or state personal income tax withholding. To elect voluntary withholding, the claimant must notify the department on an approved method.

(2) When the department receives the claimant’s notification requesting withholding, the department will:

(a) Withhold at a rate of 10 percent for federal personal income taxes pursuant to IRC section 3402 (p) and applicable regulations for future benefit payments issued.

(b) Withhold at a rate of eight percent for Oregon personal income taxes for future benefit payments issued.

(3) The amount of voluntary withholding from a claimant benefit payment will be rounded to the nearest whole cent. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down.

(4) The amount of voluntarily withholding from a claimant benefit payment will be held in trust and:

(a) Transferred to the Internal Revenue Service in the time and manner required for withholdings under IRC section 3402.

(b) Transferred to the Department of Revenue in the time and manner provided by the Department of Revenue under ORS chapter 316 and rule.

(5) The election will remain in effect until the claimant submits to the department an authorization for tax withholding form instructing the department to stop withholding. The withholding will stop with the next benefit payment issued, whenever administratively feasible, after the instruction to stop is received by the department.

(6) The Paid Leave Oregon program shall provide information to a claimant about the total federal and state personal income tax withheld for the calendar year from Paid Leave Oregon benefit payments on the Form 1099 no later than January 31st following the calendar year.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.050
ED 43-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-1500 Benefits: Review of Overpaid Benefits

(1) The department may review an overpayment of benefits to determine the cause of the overpayment and whether the claimant is liable for repayment of the benefits and any applicable penalties.

(2) The department’s review of the overpayment shall be used to determine whether:

(a) The overpayment may be waived under ORS 657B.332(5);

(b) Interest may be applied under OAR 471-070-1510(3) to any amount owed;

(d) The claimant shall be disqualified from claiming benefits under ORS 657B.332(3)(a);

(3) The department shall review information provided by the claimant or other parties and from the department’s records in making its determination under this rule.

(4) The claimant may be held liable for repayment of benefits they were not entitled to, even though all relevant information was provided before a decision was issued, when the claimant should reasonably have known the payment was improper.

(5) The claimant will always be liable for repayment of benefits when an overpayment is the result of a claimant willfully making a false statement or willfully failing to report a material fact in order to obtain Paid Leave Oregon benefits.

(6) In deciding if a claimant is liable for repayment of benefits, the department may also consider factors which may affect the claimant's ability to report all relevant information to the department.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.332
Statutes/Other Implemented: ORS 657B.332
ED 42-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1510 Benefits: Repayment of Overpaid Benefits; Interest

(1) The director may issue an assessment to a claimant for an overpayment each time a claimant receives Paid Leave Oregon benefits to which the claimant was not entitled.

(2) If the director determines that a claimant has received benefits to which the claimant was not entitled:

(a) The claimant may be required to repay the amount of benefits that the claimant was overpaid;

(b) The claimant may be required to repay the amount of penalty and interest (if applicable);

(c) The director may secure the repayment of the overpaid benefits through the deduction from future benefits otherwise payable to the claimant under ORS 657B.100; and

(d) The director may secure the repayment of the overpaid benefits through the offset against any state tax refund owed to the claimant.

(3)(a) If the department determines that a claimant is at fault for an overpayment, due to the claimant’s error, false statement, or failure to report a material fact, then the claimant may be liable for interest on the overpayment amount. Interest that the claimant is liable for shall be paid and collected at the same time repayment of benefits is made by the individual, at the rate of one percent per month or fraction of a month. Interest will accrue, beginning on the first day of the month that begins 60 calendar days after the administrative decision establishing the overpayment becomes final.

(b) If the department determines that a claimant is not at fault for an overpayment, then the claimant shall not be liable for interest on the amount to be repaid as a result of the overpayment.

(4) If the director deducts the claimant’s future weekly benefits under section (2)(b) of this rule, the deduction shall be from the claimant’s future weekly benefits up to the amount of the prior overpayment, penalty, and interest (if applicable). The deduction will begin with the first benefit payment issued after the department’s decision regarding the overpayment becomes final.

(5) If there are multiple benefit overpayments, the deduction described in section (4) of this rule will apply to the oldest unwarranted debt first. Once all unwarranted debt is paid, the deduction will apply to the most recent warranted debt.

(6) Deductions from Paid Leave Oregon benefits under section (2)(b) of this rule shall be applied solely to the amount of overpaid benefits for which the claimant is liable.

(7) Deductions for the repayment of benefits paid erroneously may be deducted from benefits due to the claimant with no time limitations.

History

Statutory/Other Authority: ORS 657B.332 & 657B.340
Statutes/Other Implemented: ORS 657B.332, ORS 293.250, 657B.338 & 657B.335
ED 41-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1520 Benefits: Waiver Recovery of Overpayments

(1) A claimant may request a waiver for recovery of overpayments from the department in the manner specified by the department in its instructions.

(2) In accordance with ORS 657B.332(5), the director may waive, in whole or in part, the amount of Paid Leave Oregon benefits if:

(a) The benefits were paid based on an error other than a willful provision of a false statement, nondisclosure of a material fact, or misrepresentation by a claimant, and

(b) Recovery would be against equity, good conscience, or administrative efficiency.

(3) The director may determine that recovery of overpaid benefits is against equity and good conscience if the individual requesting a waiver has limited means to repay the benefits and has total allowable household expenses that equal or exceed 90 percent of the total household income, not including Paid Leave Oregon benefits received. The department will use the current year’s Internal Revenue Service (IRS) Collection Financial Standards to determine total allowable household expenses. The director may allow expenses higher than those provided for in the IRS Collection Financial standards if the claimant requesting a waiver provides documentation showing that using those IRS Collection Financial Standards would leave the claimant unable to provide for basic living expenses.

(4) If the director grants a waiver, the department will stop collection activity of any overpaid benefits subject to the waiver. The department will give written notice of any waiver that is granted, indicating the amount of the overpaid benefits for which the waiver is granted.

(5) Waivers granted are effective the Sunday of the week in which the request for waiver was filed with the department. The date of the post mark from the United States Postal Service, a date stamp from an Employment Department office, an embedded fax date, or the electronic filing date as described in OAR 471-070-0850, whichever is earliest, will be used to determine the date of filing.

(6) If a request for waiver is denied, the department will notify the claimant of its decision. The claimant may submit another request for waiver if their situation changes significantly enough to establish that recovery of the benefits would be against equity and good conscience. No subsequent request for waiver of benefits may be granted, unless the claimant satisfactorily demonstrates in writing the significant change in financial situation and provides supporting documentation.

(7) Overpaid benefits that have been recovered from the claimant prior to the filing of a waiver request will not be waived or refunded.

(8) If a person is paid more than once for the same week(s), recovery of only the amount in excess of the final entitlement is eligible to be waived.

(9) In applying ORS 657B.332(5), a waiver will not be granted if the overpayment is a result of a willful false statement or a willful failure to report a material fact as determined under ORS 657B.332(3).

(10) Overpayments caused by the negotiation of an original and a replacement check that were issued for the same period will not be waived.

(11) The determination whether to waive overpayments under ORS 657B.332(5) and this rule shall be made by employees authorized by the director by delegation and may be made with or without the request for a waiver from the claimant.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.332
Statutes/Other Implemented: ORS 657B.332
ED 40-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1550 Benefits: Penalties for Employer Misrepresentation

(1) In accordance with ORS 657B.332(2), the director may assess a civil penalty of up to $1,000 against an employer each time the employer makes or causes to be made a willful false statement or willful failure to report a material fact regarding the claim of an employee or regarding an employee’s eligibility for Paid Leave Oregon benefits.

(2) The director may consider the following mitigating and aggravating circumstances when determining whether to assess a civil penalty under section (1) of this rule and the amount assessed:

(a) Whether the employer knew or should have known they were making or causing to be made a false statement or failing to report a material fact;

(b) Prior violations, if any, of ORS chapter 657B by the employer;

(d) Whether a violation of ORS chapter 657B by the employer resulted in erroneous or incorrect benefit or assistance grant payments;

(e) The magnitude and seriousness of a violation of ORS 657B.332(1).

(3) It is the responsibility of the employer to provide the director any mitigating evidence concerning liability for or the amount of the civil penalty to be assessed.

(4) The director shall consider all mitigating circumstances presented by the employer for the purpose of determining the amount of the civil penalty to be assessed.

(5) Any amount in penalties due under ORS 657B.332(2) and this rule may be collected by the director in a civil action against the employer brought in the name of the director.

History

Statutory/Other Authority: ORS 657B.332 & 657B.340
Statutes/Other Implemented: ORS 657B.332
ED 39-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-1560 Benefits: Disqualification and Penalties for Claimant Misrepresentation

(1) In accordance with ORS 657B.332(3), it is unlawful for a claimant to willfully make a false statement or willfully fail to report a material fact in order to obtain Paid Leave Oregon benefits.

(2) If the director determines that a claimant has made a willful false statement or a willful failure to report a material fact in order to obtain Paid Leave Oregon benefits, then the claimant shall be:

(a) Disqualified from claiming benefits for a period of 52 consecutive weeks beginning from the date that the claimant made the willful false statement or willful failure to report the material fact;

(b) Assessed for any amount of benefits the claimant received to which the claimant was not entitled;

(d) Liable for interest under ORS 657B.332(8).

(3) When determining the rate of the penalty imposed under ORS 657B.332(3)(b), the department will review the number of occurrences of willful false statement or willful failures to report material facts. An occurrence shall be counted each time a claimant willfully makes a false statement or misrepresentation or willfully fails to report a material fact in order to obtain Paid Leave Oregon benefits. There could be multiple occurrences in a single application for benefits. The department shall use the date the claimant failed to report a material fact or willfully made a false statement or misrepresentation as the date of the occurrence. The penalty shall be imposed as follows:

(a) For the first occurrence, or the second occurrence within five years of any previous disqualification or imposition of a penalty, 15 percent of the total amount of benefits the claimant received to which the claimant was not entitled;

(b) For the third or fourth occurrence within five years of any previous disqualification or imposition of penalty, 20 percent of the total amount of benefits the claimant received to which the claimant was not entitled;

(c) For the fifth or sixth occurrence within five years of any previous disqualification or imposition of penalty, 25 percent of the total amount of benefits the claimant received to which the claimant was not entitled;

(d) For the seventh or greater occurrence within five years of any previous disqualification or imposition of penalty, 30 percent of the total amount of benefits the claimant received to which the claimant was not entitled;

(e) In cases of forgery or identity theft, 30 percent of the amount of benefits the claimant received to which the claimant was not entitled, regardless of the number of occurrences.

(4) Any amount subject to recovery and any penalty due under this rule, OAR 471-070-1510, and ORS 657B.332 may be collected by the director in a civil action against the claimant brought in the name of the director.

History

Statutory/Other Authority: ORS 657B.332 & 657B.340
Statutes/Other Implemented: ORS 657B.332
ED 38-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 13-2022, adopt filed 11/04/2022, effective 11/04/2022

Or. Admin. R. 471-070-2000 Self-employed: Definition

“Taxable income from self-employment” means Oregon net income from self-employment or earned as an independent contractor as reported on the Oregon personal income tax return.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.130 & 657B.150
ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-2005 Self-Employed: Eligibility

A self-employed individual, as defined in ORS 657B.010(23), may elect coverage under the Paid Leave Oregon program if the individual:

(1) Earns at least $1,000 in taxable income from self-employment in the preceding calendar year;

(2) Completes a notice of election and provides the required documentation as described in OAR 471-070-2010; and

(3) Is not terminated from elective coverage within the previous three calendar years, in accordance with OAR 471-070-2170.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.130
ED 37-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-2010 Self-employed: Election Requirements and Effective Date

(1) An eligible self-employed individual may apply to elect coverage under the Paid Leave Oregon program at any time.

(2) A notice to elect must be in writing and submitted online or in another method approved by the department. To be reviewed, the notice must be complete and include:

(a) Information about the individual applying for elective coverage, including:

(A) First and last name;

(B) Social Security Number or Individual Taxpayer Identification Number; and

(b) Information on the individual’s business, when applicable, including:

(A) Business Identification Number;

(B) Business name; and

(c) The individual’s total taxable income from self-employment for a prior tax year, as applicable under section (3) of this rule;

(d) Documentation verifying:

(A) The individual’s identity and

(B) The individual’s taxable income from self-employment, including but not limited to, income reported to Oregon on the personal income tax return from a prior tax year, as applicable under section (3) of this rule.

(e) An agreement to:

(A) Pay contributions for a period of not less than three years;

(B) Provide any information and documentation on the individual’s taxable income from self-employment that the department deems necessary for the administration of the elective coverage, including but not limited to, a copy of the Oregon personal income tax return annually; and

(f) Acknowledgement of the conditions for termination of self-employed elective coverage established in OAR 471-070-2170, including, but not limited to, the condition that coverage cannot be terminated until coverage has been in effect for at least three years.

(3) If the eligible self-employed individual elects coverage:

(a) In the first quarter of the calendar year (January through March), the individual must provide the tax return required to be filed with the Oregon Department of Revenue for the tax year immediately prior to the last tax year.

(b) In quarters two through four of the calendar year (April through December), the individual must provide the tax return required to be filed with the Oregon Department of Revenue for the last tax year.

(4) The department may deny a notice to elect if:

(a) The notice does not include the required information and documentation in accordance with this rule or

(b) The self-employed individual does not meet the eligibility requirements in OAR 471-070-2005 or other applicable law.

(5) Approved elective coverage becomes effective on the date the complete notice to elect was received with the department.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.130
ED 36-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-2030 Self-employed: Income, Contribution Payments, and Reporting Requirements

(1) A self-employed individual who elects coverage under ORS 657B.130 must contribute to the Paid Leave Oregon Trust Fund in an amount that is equal to 60 percent of the total contribution rate described in OAR 471-070-3010 up to an annual taxable income from self-employment that is equal to the calendar year maximum wage amount described in OAR 471-070-3010.

(2) Total contribution payments will be based on the individual’s total taxable income from self-employment from the tax return required to be filed for a prior tax year, per OAR 471-070-2010, and generally shall be divided into four quarterly contribution payments. If a contribution is due for only part of a quarter, the contribution amount and the taxable income from self-employment used to calculate the weekly benefit amount, shall be prorated based on the number of calendar days that the elective coverage is in effect.

(3) Quarterly contributions shall be due and payable in accordance with OAR 471-070-3030.

(4) A self-employed individual who fails to timely pay contributions as required by sections (1) through (3) of this rule is delinquent. Any individual found to be delinquent in the payment of contributions is subject to the penalties as specified in ORS 657B.320 and also may be assessed an additional penalty as provided in ORS 657B.910.

(5) The date of receipt of contributions transmitted through the mail or private express carrier shall be determined as provided in ORS 293.660. The date of receipt shall be used in the calculation of interest charges, delinquencies, penalties, or other sanctions provided by law.

(6) The self-employed individual must annually report information and submit documentation as provided in subsections (a), (b), and (c) of this section that the department deems necessary for the administration of elective coverage.

(a) Except as specified in subsection (b) and (c) of this section, a self-employed individual must annually report to the department the prior year’s taxable income from self-employment required to be filed and must provide their Oregon personal income tax return to the department on or before April 30 of each year.

(b) If a self-employed individual files their Oregon personal income tax return on extension, the department will use the information on the individual’s last tax return filed and provided to calculate quarterly contribution payments. The department will adjust the quarterly contribution payments due when the prior year’s tax return on extension is filed and provided to the department. The self-employed individual must report to the department the prior year’s taxable income from self-employment filed on extension and provide their Oregon personal income tax return on or before October 31 of each year.

(c) If a self-employed individual amends or receives an adjustment for their Oregon personal income tax return within a three-year period following the original due date, notwithstanding extensions, of their Oregon personal income tax return, the self-employed individual must report to the department the amended or adjusted taxable income from self-employment. The self-employed individual must provide their amended or adjusted Oregon personal income tax return to the department within 30 days of the date an amended or adjusted Oregon personal income tax return is final. Once received, the department will adjust the quarterly contribution payments due, benefit amounts due, and previous benefit amounts paid, as appropriate.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 293.660, 657B.130 & 657B.150
ED 35-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 6-2024, amend filed 12/27/2024, effective 01/01/2025
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 8-2023, temporary amend filed 08/23/2023, effective 08/23/2023 through 02/18/2024
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-2100 Tribal Government: Election Requirements and Effective Date

(1) A tribal government may elect coverage at any time under the Paid Leave Oregon program in accordance with ORS 657B.130(4). The tribal government must elect coverage separately for each business owned by the tribal government.

(2) A tribal government election of the Paid Leave Oregon program coverage must be in writing and must be accomplished through an intergovernmental agreement between the State of Oregon acting by and through the Employment Department. The tribal government must agree to pay contributions for a period of not less than three years.

(3) A tribal government that has elected coverage by entering an agreement pursuant to section (2) of this rule shall be considered an “employer” and employees of the tribal government shall be considered “employees” under ORS chapter 657B and related administrative rules. The tribal government and its employees shall be subject to all rights and responsibilities therein, including, but not limited to:

(a) Payment of contributions at the same rate and amount as employers and employees as specified in ORS 657B.150 and applicable administrative rules.

(b) Filing and paying quarterly as required on the Oregon Quarterly Tax Report, including detailing the Paid Leave Oregon portion of all Paid Leave oregon subject wages, the employee count, and the employee and employer Paid Leave Oregon contributions due in accordance with ORS 657B.150 and OAR 471-070-3030.

(c) Receipt of Paid Leave Oregon benefit amounts by eligible employees of tribal governments that have elected coverage in accordance with ORS 657B.050(1) and (2) and related administrative rules.

(d) Collection by the department of erroneous payments of benefits to employees of tribal governments in accordance with provisions for employees in ORS 657B.332 and related administrative rules.

(e) Job protection for eligible employees of tribal governments as specified in ORS 657B.060 and applicable administrative rules.

(f) Collection requirements or methods and applicable penalties on delinquent payments of contributions and recovery of improper benefit payments as described in ORS 657B.280 through 657B.339 and applicable administrative rules.

(4) Approved elective coverage becomes effective on the date the intergovernmental agreement is signed by the department and the tribal government.

(5) To the extent allowed by law, the terms of a Paid Leave Oregon tribal government intergovernmental agreement may supersede this rule and OAR 471-070-2180, if both parties agree.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.130
Statutes/Other Implemented: ORS 657B.150 & ORS 657B.130
ED 34-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-2170 Self-employed: Termination

(1) A self-employed individual may terminate elective coverage by filing a written notice online or in another method approved by the department.

(2) A self-employed individual can terminate elective coverage any time after the coverage has been in effect for three years or longer. The termination shall take effect 30 days after the notice to terminate is received by the department, unless a later date is requested by the self-employed individual on the written notice.

(3) A self-employed individual may terminate elective coverage that has been in effect for less than three years only in the following circumstances:

(a) The individual has filed a voluntary or involuntary bankruptcy petition; or

(b) The individual changed employment status or is otherwise no longer eligible for elective coverage, in accordance with OAR 471-070-2005.

(4) The notice to terminate elective coverage under (3) of this rule must provide the following information:

(a) The reason for the termination; and

(b) Any supporting documentation.

(5) The department may terminate a self-employed individual’s elective coverage if the individual is delinquent on contributions in accordance with OAR 471-070-2030.

(6) When the department determines that a self-employed individual’s election shall be terminated under section (5) of this rule, the department will send the individual a letter to terminate at their last known address or electronically when permitted, if the employer has opted for electronic notification, as shown in the department’s records that provides:

(a) The reason for the termination;

(b) Instructions for how to resolve issues leading to the termination; and

(7) All contributions payable in accordance with OAR 471-070-2030 are due immediately upon termination of coverage.

(8) A self-employed individual whose elective coverage is terminated by the department may not reelect coverage as a self-employed individual for three years following the date of termination.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.130
ED 2-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-2180 Tribal Government: Termination of Elective Coverage

(1) A tribal government may terminate elective coverage by filing a written notice with the department requesting a termination of the intergovernmental agreement.

(2) A tribal government can terminate elective coverage any time after the coverage has been in effect for three years or longer. The termination shall take effect 30 calendar days after the notice to terminate is received by the department, unless a later date is requested by the tribal government in the written notice.

(3) A tribal government may terminate elective coverage that has been in effect for less than three years if a voluntary or involuntary bankruptcy petition has been filed for the covered business. The termination shall take effect on the date the department receives the written notice and supporting documentation of the bankruptcy petition.

(4) All contributions payable are due immediately upon termination of coverage.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.130
Statutes/Other Implemented: ORS 657B.130
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-2200 Equivalent Plans: Definitions

(1) “Administrative Costs” means the costs incurred by an employer directly related to administering an equivalent plan which include, but are not limited to, cost for accounting, recordkeeping, insurance policy premiums, legal expenses, and labor for human resources’ employee interactions related to the equivalent plan. Administrative costs do not include rent, utilities, office supplies or equipment, executive wages, cost of benefits, or other costs not immediately related to the administration of the equivalent plan.

(2) “Administrator” means either an insurance carrier/company, third-party administrator, or payroll company acting on behalf of an employer to provide administration and oversight of an approved equivalent plan.

(3) “Declaration of Intent” means a legally binding, signed agreement from an employer documenting the employer’s intent and commitment to provide an approved equivalent plan with an effective date of September 3, 2023.

(4) “Employer administered equivalent plan” means an equivalent plan in which the employer offers a private plan where the employer assumes all financial risk associated with the benefits and administration of the equivalent plan, whether it is administered by the employer or a third-party administrator.

(5) “Equivalent plan” means a Paid Family and Medical Leave Insurance (PFMLI) plan approved by the department that provides benefits that are equal to or greater than the benefits provided by the Paid Leave Oregon program established under ORS 657B.340.

(6) “Fully insured equivalent plan” means an equivalent plan in which the employer purchases an insurance policy from an insurance company approved to sell PFMLI products by the Oregon Department of Consumer and Business Services (DCBS) Division of Financial Regulation and the benefits related to the plan are administered through the insurance policy.

(7) "Reporting period" means:

(a) For equivalent plans beginning in 2023, the first “reporting period” is the timeframe beginning with the start date of the equivalent plan and ending on the earlier of December 31, 2024 or the last effective date of the terminated or withdrawn equivalent plan. The second “reporting period” (and for periods thereafter) is the timeframe beginning January 1 of the calendar year and ending on the earlier of December 31 of the same calendar year or the last effective date of the terminated or withdrawn equivalent plan.

(b) For equivalent plans beginning in 2024 or later, the timeframe beginning the later of January 1 of the calendar year or the start date of the equivalent plan, and ending on the earlier of December 31 of the same calendar year or the last effective date of the terminated or withdrawn equivalent plan.

(8) “Successor in interest” means an employer who is transferred or otherwise acquires all or substantially all of the component’s parts of a business, including the employees necessary to carry on day to day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer.

(9) “Substantial reduction in personnel,” as used in ORS 657B.260 and applicable administrative rules, means a situation in which the number of employees employed by the predecessor of the organization, trade, or business is reduced by at least 33 percent by the successor in interest.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210 & 657B.260
ED 33-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 10-2022, amend filed 08/22/2022, effective 08/22/2022
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2205 Equivalent Plans: Declaration of Intent to Obtain Approval of Equivalent Plan

(1) Approved equivalent plans become effective on September 3, 2023, at the same time Paid Leave Oregon benefits may first be paid to eligible employees. However, the department is accepting equivalent plan applications beginning September 6, 2022.

(2) No later than May 31, 2023, an employer who wishes to provide an equivalent plan with an effective date of September 3, 2023 must submit to the department an equivalent plan application that meets the requirements of OAR 471-070-2210.

(3) Equivalent plan application:

(a)To be exempt from paying required quarterly contribution payments to the Paid Leave Oregon program in accordance with ORS 657B.150 and OAR 471-070-3030(6), an employer that is going to provide its employees with an equivalent plan as of September 3, 2023, must receive approval of an equivalent plan application. The equivalent plan application must be submitted to the department by the following dates:

(A) By November 30, 2022, to be exempt from paying and remitting the contribution payments beginning with the first quarter that starts January 1, 2023.

(B) By February 28, 2023, to be exempt from paying and remitting contribution payments beginning with the second quarter that starts April 1, 2023.

(C) By May 31, 2023, to be exempt from paying and remitting contribution payments beginning with the third quarter that starts July 1, 2023.

(b) For equivalent plan applications submitted on or after June 1, 2023 and before July 1, 2023, the equivalent plan application, if approved by the department, will be exempt from paying and remitting contribution payments beginning with the fourth quarter that starts October 1, 2023.

(c) For equivalent plan applications submitted on or after July 1, 2023, the equivalent plan application must follow OAR 471-070-2210, and the employer is liable for all contributions required to be paid or remitted in accordance with ORS 657B.150 prior to the effective date of the equivalent plan.

(4) Declaration of Intent:

(a) If an employer is unable to submit an equivalent plan application by the dates described in section (3)(a) of this rule, the department is allowing an interim solution under which the employer may submit a signed and certified Declaration of Intent acknowledging and agreeing to the following conditions:

(A) Beginning January 1, 2023, and continuing until the department has approved the equivalent plan application, notwithstanding OAR 471-070-3040, the employer shall:

(i) Deduct employee contributions from the subject wages of each employee in an amount that is equal to 60 percent of the total contribution rate determined in OAR 471-070-3010; or

(ii) If the employer is making the employee contributions in part or in full on the employee’s behalf, place in trust for the State of Oregon an amount that is equal to 60 percent of the total contribution rate determined in OAR 471-070-3010.

(B) The employer shall hold any moneys collected or to be contributed on behalf of the employee under this section in trust for the State of Oregon but will not be required to pay employer contributions or remit the withheld employee contributions to the department, unless the department does not receive an equivalent plan application as described in section (3) of this rule or the Declaration of Intent is cancelled as described in this subsection and sections (5) and (6) of this rule. If the equivalent plan application as described in section (3) of this rule is approved by the department, the money collected from the employees may either be returned to the employees or be used for administrative costs as defined in OAR 471-070-2200 and benefits under an approved equivalent plan and cannot be considered part of an employer’s assets for any purpose.

(C) The employer must submit the Declaration of Intent to the department no later than November 30, 2022 to be exempt from paying and remitting contribution payments beginning with the first quarter that starts January 1, 2023.

(D) The employer must submit an equivalent plan application no later than the May 31, 2023, deadline as described in section (3) of this rule.

(b) If an equivalent plan application is not received by the department by May 31, 2023, the Declaration of Intent is cancelled and no longer effective. The employer is then liable for paying and remitting an amount equal to the sum of all unpaid employer contributions that were held in trust for the State of Oregon and all unpaid employee contributions due for periods beginning on or after January 1, 2023, and is subject to penalties and interest as described in section (6) of this rule.

(5) An employer that submitted an equivalent plan application or a Declaration of Intent as described in sections (3) and (4) of this rule, may cancel the request for approval or the Declaration of Intent by contacting the department. The employer is then liable for paying and remitting an amount equal to the sum of all unpaid employer and employee contribution payments due for periods beginning on or after January 1, 2023 and is subject to penalties and interest as described in section (7) of this rule.

(6) The department may cancel the approval of an equivalent plan or Declaration of Intent prior to September 3, 2023, for reasons that include, but are not limited to:

(a) Misuse of employee contributions withheld or retained by the employer;

(b) Failure to adhere to applicable Paid Leave Oregon program requirements, including but not limited to OAR 471-070-2220;

(c) Withheld employee contributions that were greater than the employee contributions that would have been charged to the employees under ORS 657B.150;

(d) Failure to respond timely to the department’s reasonable inquires for information about the equivalent plan or Declaration of Intent; or

(e) Failure to submit an equivalent plan application or receive approval of the application by the department as described in section (3) of this rule.

(7)(a) As of the date the equivalent plan approval or the Declaration of Intent is canceled or denied, the employer must pay and remit immediately to the department all unpaid contributions due for periods beginning on or after January 1, 2023, and is subject to penalties and interest in accordance with ORS 657B.320 and related administrative rules.

(b) An employer that is required to pay or remit contributions, penalties, and interests, in accordance with this section or sections (4), (5), or (6) of this rule may remit employee contributions previously withheld, that were held in trust for the payment of employee contributions due, but the employer is prohibited from withholding additional contributions from employees retroactively to pay any other amounts due. Employee contributions may not be used to pay penalties and interest imposed on the employer.

(8) An employer that has received approval of an equivalent plan application by one of the deadlines in section (3) of this rule may withhold employee contributions in accordance with ORS 657B.210 beginning January 1, 2023, but the employer will not be required to pay employer contributions or remit employee contributions in accordance with ORS 657B.150, unless the equivalent plan application approval is subsequently canceled as described in sections (5) and (6) of this rule.

(9) Section (3) of this rule is in effect until September 3, 2023.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210
ED 32-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2210 Equivalent Plans: Application Requirements and Effective Date

(1) An employer must submit a separate application and receive department approval for an employer administered equivalent plan or a fully insured equivalent plan for each Business Identification Number. The application must be submitted to the department online or by another method prescribed by the department. An incomplete application will not be reviewed by the department.

(2) For an equivalent plan to be reviewed by the department, the equivalent plan application must include the following:

(a) Information about the employer applying for the equivalent plan, including:

(A) Business Identification Number and Federal Employer Identification Number;

(B) Business name;

(D) Business contact’s name and contact information;

(b) A copy of the employer administered equivalent plan or in the case of a fully insured equivalent plan, a copy of the insurance policy or the insurance product and the selected variables the employer is choosing;

(d) Other information as required on the department’s equivalent plan application form.

(3) Employers must pay a nonrefundable $250 application fee with every:

(a) Application for approval of a new equivalent plan; or

(b) Application for reapproval or amendment of an equivalent plan that has substantive amendments to the equivalent plan that was originally approved by the department.

(4) Employers must pay a nonrefundable $150 application fee with every application for reapproval of an equivalent plan that has no changes or only non-substantive amendments to the equivalent plan that was originally approved by the department.

(5) There is no fee for either of the following:

(a) Application for amendment of an equivalent plan that has substantive or non-substantive amendments to the equivalent plan that were required by Oregon, local, or federal law changes or changes to the contribution rate and maximum wage amount as described in OAR 471-070-3010;

(b) Application for amendment of an equivalent plan that has non-substantive amendments to the equivalent plan that was originally approved by the department.

(6) “Substantive amendments” to an equivalent plan that was originally approved by the department as used in sections (3), (5), and (11) of this rule include, but are not limited to, any of the following:

(a) Changing from a fully insured equivalent plan to an employer administered equivalent plan;

(b) Changing from an employer administered equivalent plan to a fully insured equivalent plan;

(c) Changing the fully insured equivalent plan insurance policy to reduce benefits or leave types, regardless of whether the new plan is from the same insurance provider or another insurance provider;

(d) Changing the questionnaire answers for the equivalent plan; or

(e) Changing the employer administered equivalent plan to reduce benefits or leave types.

(7) “Non-substantive amendments” as used in section (4), (5), and (11) of this rule include, but are not limited to, any of the following:

(a) Updating solvency documents for employer administered plans;

(b) Updating the application for an equivalent plan that does not amend the equivalent plan, includes, but is not limited to, the following:

(A) Changing business or contact information, or

(B) Correcting typographical error

(c) Increasing benefits or leave types, regardless of whether the new plan is from the same insurance provider or another insurance provider.

(8) Approved equivalent plans become effective:

(a) For new equivalent plans, on the first day of the calendar quarter immediately following the date of approval by the department; and

(b) For amendments to a previously approved equivalent plan, on the first day of the calendar quarter immediately following the date of approval of the amendment by the department. If approval of the amendment is denied, the employer must continue to follow the originally approved equivalent plan.

(9) An application for reapproval must be submitted by an employer annually for a three-year period following the original effective date of the plan. The application for reapproval is due 30 days prior to the anniversary of the original effective date of the approved equivalent plan. For equivalent plans with an effective date of September 3, 2023, the anniversary date will be October 1 for any subsequent calendar years, in accordance with section (8) of this rule.

(10) For the purposes of determining the reapproval requirement, the equivalent plan approval date and effective date are the first day of the calendar quarter immediately following the date of the original approval letter from the department.

(11) After the three-year period following the original effective date of the plan, an application for reapproval must be submitted anytime a substantive amendment occurs as described in section (9) of this rule. For a non-substantive amendment, a copy of the revised equivalent plan must be submitted to the department at the time the change becomes effective.

(12) The department may request any information necessary to establish facts relating to eligibility for an equivalent plan. Unless a timeframe is otherwise specified under statute or administrative rule or is specified by an authorized department representative, the employer must respond to all requests for information within the following time frames:

(a) 14 calendar days from the date of the request for information, if the request was sent by mail to the employer’s last known address as shown in the department’s records.

(b) 10 calendar days from the date of the request for information, if the request was sent by telephone, email, or other electronic means.

(13) When the response to the request for information is sent to the department by mail, the date of the response shall be the date of the postmark affixed by the United States Postal Service. In the absence of a postmarked date, the date of the response shall be the most probable date of mailing as determined by the department.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: 657B.340 & ORS 657B.210
Statutes/Other Implemented: ORS 657B.210 & 657B.230
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 31-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2220 Equivalent Plans: Plan Requirements

In order for an equivalent plan to be approved by the department, the plan must at a minimum:

(1) Cover all Oregon employees who have been continuously employed with the employer for at least 30 calendar days, regardless of hours worked, including full-time, part-time, temporary workers hired by the employer, and replacement employees hired to temporarily replace eligible employees during Paid Leave Oregon leave. Any employees who were eligible for benefits under their previous Oregon employer’s equivalent plan, who begin working for a new employer with an approved equivalent plan, must be automatically covered for benefits under the equivalent plan offered by the new employer as described in ORS 657B.250;

(2) Provide family leave as described in ORS 657B.010(18) and applicable administrative rules;

(3) Provide medical leave as described in ORS 657B.010(20) and applicable administrative rules;

(4) Provide safe leave as described in ORS 657B.010(22) and applicable administrative rules;

(5) Allow eligible employees to take family leave, medical leave, or safe leave in a benefit year for periods of time equal to or longer than the duration of leave provided under ORS 657B.020;

(6) Provide eligible employees weekly benefit amounts equal to or greater than benefits provided under ORS 657B.050;

(7) Allow family leave, medical leave, or safe leave to be taken in increments or nonconsecutive periods as provided under ORS 657B.090;

(8) Impose no additional conditions or restrictions on the use of family leave, medical leave, or safe leave beyond those explicitly authorized by ORS chapter 657B and applicable administrative rules;

(9) Provide that the employee contributions withheld by an equivalent plan shall not be greater than the employee contributions that would be charged to employees under ORS 657B.150 and determined annually under OAR 471-070-3010;

(10) Ensure employee contributions that are received or retained under an equivalent plan are used solely for equivalent plan expenses, are not considered part of an employer’s assets for any purpose, and are held separately from all other employer funds;

(11) Meet all equivalent plan requirements provided in ORS 657B.210 and applicable administrative rules;

(12) Provide for decisions on benefit claims, to be in writing, either in hard copy or electronically if the employee has opted for electronic notification. Decisions on benefit claim approvals must include the amount of leave approved, the weekly benefit amount, and a statement indicating how the employee may contact the department to request the eligible employee’s average weekly wage amount if the employee believes the benefit amount may be incorrect. Denial decisions must include the reason(s) for denial of benefits along with an explanation of an employee’s right to appeal the decision and instructions on how to submit an appeal.

(13) Provide an appeal process to review benefit decisions when requested by an employee that also requires the employer or administrator to issue a written decision. The employee must have at least 60 calendar days from the date of the written denial to request an appeal with the employer or administrator, if applicable, or as soon as practicable if there is good cause for the delay beyond the 60 calendar days as described in OAR 471-070-2400(8). The employee, and the employer, or administrator have 20 calendar days from the date the appeal is received, or as soon as practicable if there is good cause as described in OAR 471-070-2400(8), to resolve the appeal and for the employer or administrator to issue a written appeal determination letter along with an explanation of the department’s dispute resolution process as described in OAR 471-070-2400 if an appeal is denied;

(14) Provide that the equivalent plan employer or administrator must make all reasonable efforts to make a decision on whether to allow the claim and issue the first payment of any benefits to an employee within two weeks after receiving the claim or the start of leave, whichever is later. Subsequent benefit payments must be provided weekly by a fully insured equivalent plan and benefit payments may be paid according to the existing paycheck schedule for employees under an employer administered equivalent plan; and

(15) Ensure a written notice poster for the equivalent plan as described in OAR 471-070-2330, will be given to all employees, at the time of hire and each time the policy or procedure changes, in the language that the employer typically uses to communicate with the employee.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210
ED 30-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 10-2022, amend filed 08/22/2022, effective 08/22/2022
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2230 Equivalent Plans: Reporting Requirements

(1) Employers with an approved equivalent plan are required to file the Oregon Quarterly Tax Report detailing all Paid Leave Oregon subject wages and the employee count as defined in OAR 471-070-3150 and the Oregon Employee Detail report detailing Paid Leave Oregon subject wages for each employee in accordance with OAR 471-070-3030.

(2) Employers with an approved equivalent plan must also file annual aggregate benefit usage reports with the department online or in another format approved by the department. The report is due on or before the last day of the month that follows the close of the calendar year and may be submitted by the employer or plan administrator. The report shall include, but is not limited to, the following:

(a) Number of benefit applications received during the reporting period and the qualifying leave purpose;

(b) Number of benefit applications approved during the reporting period, the qualifying leave purpose, the increments of leave approved and the duration of leave approved;

(c) Number of benefit applications denied during the reporting period and the qualifying purpose and the reason for denying the application;

(d) Number of appeals from denials and the outcome of the appeals, including how many denials were upheld and information relating to the specific reasons claims were denied;

(e) Information relating to benefit payments paid to employees, including but not limited to:

(A) Total benefits paid;

(B) Average benefit payment amount;

(D) Average number of days from the initial application being received until payment;

(E) Average number of days from the start of leave until the first payment; and

(f) Demographic information for each employee with approved leave, including but not limited to:

(A) Employee age; and

(B) Income.

(3) If the employer assumes only part of the costs of the approved equivalent plan and withholds employee contributions as described in ORS 657B.210(5) the employer must additionally report the aggregate financial information with the department online or in another format approved by the department. That report is due on or before the last day of the month that follows the close of the calendar year. The report shall include, but is not limited to, the following:

(a) Total amount of employee contributions withheld during the reporting period;

(b) Total plan expenses paid during the reporting period, including total benefit amounts paid by an employer administered equivalent plan, and total administrative costs, as applicable; and

(4) Employers or administrators must respond within 10 calendar days from the date of any notice from the department requesting information about current or prior employees employed by an equivalent plan employer in the base year. The employer or administrator must respond to the department’s notice either online or by another method approved by the department. The notice may request but is not limited to the following:

(a) If a benefit year was established;

(b) The start and end date of the established benefit year;

(d) The qualifying leave purpose; and

(e) The amount of qualifying leave taken in the benefit year.

(5) Employers must provide the reports required under sections (2) and (3) of this rule to the department following withdrawal or termination of an approved equivalent plan within 30 calendar days after the effective date as described in OAR 471-070-2450 and 471-070-2460.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210 & 657B.250
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 29-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2240 Equivalent Plans: Recordkeeping and Department Review

(1) Employers with an approved equivalent plan must, for a period of six years from the date the equivalent plan became effective, retain in any format in the employer’s records all of the following related to the equivalent plan:

(a) Oregon Quarterly Tax Reports and other reports as required in OAR 471-070-3030(2);

(b) Information and records relating to the equivalent plan, including:

(A) Any amendments to the equivalent plan;

(B) Financial information regarding the employer’s administrative cost, maintenance, and claim documentation for the plan; and

(C) Copy of any written notice(s) provided to employees about the plan as required in ORS 657B.210(11)(c) and applicable administrative rules.

(c) Employee benefit applications with the current status of pending, approved, or denied along with the reason for denial;

(d) Information regarding any disputes and appeals; and

(e) Records regarding each employee’s leave taken and any benefits paid or denied and the reason for denial under the equivalent plan.

(2) The records identified in section (1) of this rule must be provided to the department for review upon request, with reasonable notice to the employer. The department may request to review the records at any time.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.220
Statutes/Other Implemented: ORS 657B.220 & 657B.210
ED 28-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 18-2022, minor correction filed 12/21/2022, effective 12/21/2022
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2250 Equivalent Plans: Employee Coverage Requirements

(1) An employer with an approved equivalent plan is required to cover all employees under the plan as follows:

(a) All employees previously covered under the state plan established under ORS 657B.340, must be covered by the employer’s equivalent plan within 30 calendar days of their start date.

(b) All employees previously covered by an employer that had an equivalent plan approved under ORS 657B.210, must be covered by the new employer’s equivalent plan immediately as of their start date.

(c) All employees who were not previously covered as described under subsections (a) or (b) of this section, such as employees new to the workforce, relocating from another state, or with a gap in coverage exceeding 30 calendar days must be covered by the employer’s equivalent plan within 30 calendar days of their start date.

(2) An employer must specify in their equivalent plan when employees are covered under the plan, which must be in accordance with section (1) of this rule.

(3) An employee described in subsection (1)(a) of this rule, who is not covered under an equivalent plan for any portion of time within the employee’s first 30 calendar days, maintains coverage under the state plan established under ORS 657B.340 for that 30 calendar day period.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.210
Statutes/Other Implemented: ORS 657B.210
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2260 Equivalent Plans: Benefit Amounts and Claims

(1) Employers with an approved equivalent plan are required to provide covered employees with benefits that are equal to or greater than benefits provided under the Paid Leave Oregon program, including, but not limited to:

(a) The duration of leave for qualifying purposes as established in ORS 657B.020 and related administrative rules; and

(b) The amount of benefits established in ORS 657B.050 and related administrative rules.

(2) Benefits under an approved equivalent plan shall be administered using the benefit year defined in OR Laws 2022, Chapter 24, Section 1 and related administrative rules.

(3) When an employee applies for benefits under an equivalent plan, the employer or administrator may request consent from the employee to obtain benefit information from the department in order to ensure benefits are provided in accordance with section (1) of this rule.

(a) If consent is given by the employee, the employer or plan administrator may request from the department the benefit information online or by another method approved by the department. The request shall include:

(A) The employee’s name;

(B) The employee’s Social Security Number or Individual Taxpayer Identification Number;

(C) The employee’s contact information consisting at a minimum, the mailing address, telephone number, and email address;

(b) If consent is not given by the employee, the employee may also request the benefit information from the department online or by another method approved by the department.

(4) If the department receives a request for benefit information in accordance with section (3) of this rule, the department will respond to the request for information within 10 calendar days of the date of the request. If the department is not able to provide information for any reason, the department may contact the employee directly to seek the necessary information. This includes, but is not limited to:

(a) Requesting missing subject wage information;

(b) Correcting subject wage information; or

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.210
Statutes/Other Implemented: ORS 657B.210
ED 27-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2270 Equivalent Plans: Proration of Benefit Amounts for Simultaneous Coverage

(1) An employee is considered to have simultaneous coverage when the employee is covered by more than one employer’s equivalent plan at the same time or is covered by the state plan established in ORS 657B.340 and at least one employer with an equivalent plan, at the same time. An employee does not have simultaneous coverage if they work for multiple employers covered by the state plan.

(2) An employee with simultaneous coverage at the start of a leave event shall apply separately under all plans they are covered under and from which they are taking leave by following the respective application guidelines for each plan. An equivalent plan employer may ask an employee whether the employee has additional Paid Family and Medical Leave Insurance (PFMLI) coverage but may not require that the employee provide details on the other employers or the plans. The employer, employee, or administrator may request information from the department as described in OAR 471-070-2260.

(3) Each equivalent plan is required to pay benefit amounts that are equal to or greater than the benefits offered under the state plan as described in OAR 471-070-2260 and ORS 657B.050 and applicable administrative rules. Upon request, the department may provide information to equivalent plan employers or administrators regarding prorated benefit amounts, if the department is aware of simultaneous coverage. Each respective plan benefit amount shall be prorated by the average number of work days worked per work week by the claimant for each respective plan rounded to the nearest whole cent. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down.

(a) The state plan shall pay benefits based on the prorated weekly benefit amount and shall further prorate the weekly benefit amount as described in OAR 471-070-1440 for leave taken in work day increments.

(b) The equivalent plan shall pay benefits equal to or greater than the prorated weekly benefit amount and may further prorate the weekly benefit amount when leave is taken in work day increments based on the number of work days of leave taken in the work week.

(4) The department shall calculate prorated benefit amounts when:

(a) The department receives an application for an employee that provides current employment information from a state plan employer(s) and one or more equivalent plan employer(s). The department shall verify coverage under the equivalent plan as described in OAR 471-070-2230 to determine a prorated benefit amount for benefits offered under the state plan.

(b) The department receives a request from an equivalent plan employer or administrator for an employee’s benefit information in accordance with OAR 471-070-2260. The department shall verify whether the employee has coverage under more than one equivalent plan and, if covered, include the prorated benefit amounts to the employer. The department will provide prorated benefit amounts to any other equivalent plan employer or administrator that covers the employee also.

(5) Should the department receive information about changes in simultaneous coverage after information is provided to an equivalent plan employer or administrator in accordance with OAR 471-070-2260 and under this rule, the department shall calculate or re-calculate the proration, as applicable, and notify all employers, administrators, or employees of the change. Any overpayments made by the Paid Leave Oregon program shall be recovered in accordance with OAR 471-070-1510.

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.210
Statutes/Other Implemented: ORS 657B.210
ED 26-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2280 Equivalent Plans: Solvency Documentation

(1) For the purposes of ORS 657B.210, if an employer has an employer administered equivalent plan, the employer must furnish to the department with the initial application, reapproval, or substantive amendment, proof of solvency by providing proof of sufficient assets, or a bond or an irrevocable letter of credit with the department named as the payee or beneficiary, issued by an insured institution, as defined in ORS 706.008.

(2) Proof of solvency must be in an amount equal to the contributions due or estimated to be due from the employee and employer for a period of three calendar quarters.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.190 & 657B.210
ED 25-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2330 Equivalent Plans: Written Notice Poster to Employees of Rights and Duties

(1) The director shall make available to all employers offering an approved equivalent plan, a Paid Leave Oregon notice poster template that meets the requirements under this rule.

(2) An employer that offers a plan approved under ORS 657B.210 shall provide a written notice poster to employees that includes:

(a) Information about benefits available under the approved plan, including the duration of leave;

(b) The process for filing a claim to receive benefits under the plan, including any employee notice requirements and penalties established by the employer in accordance with ORS 657B.040, if applicable;

(c) The process for an employee to appeal to the employer or administrator based on a decision made by their employer or administrator as described in OAR 471-070-2220(13);

(d) The process for employee deductions used to finance the cost of the plan, if any;

(e) An employee’s right to dispute a benefit determination after the appeal with the employer or administrator in the manner determined by the director under ORS 657B.420 and OAR 471-070-2400;

(f) A statement that discrimination and retaliatory personnel actions against an employee for inquiring about the Paid Leave Oregon program established under ORS 657B.340, giving notification of leave under the program, taking leave under the program or claiming Paid Leave Oregon benefits are prohibited;

(g) The right to job protection and benefits continuation under ORS 657B.060;

(h) The right of an employee to bring a civil action or to file a complaint for violation of ORS 657B.060 or 657B.070; and

(i) A statement that any health information related to family leave, medical leave or safe leave provided to an employer or plan administrator by an employee is confidential and may not be released without the permission of the employee unless state or federal law or a court order permits or requires disclosure.

(3)(a) Each employer must display the notice poster in each of the employer’s buildings or worksites in an area that is accessible to and regularly frequented by employees; and

(b) An employer with employee(s) assigned to remote work must additionally provide, by hand delivery, regular mail, or through an electronic delivery method, a copy of the notice poster to each employee assigned to remote work. The notice poster must be delivered or sent to each employee assigned to remote work upon the employee’s hire or assignment to remote work.

(4)(a) For employers that have employee(s) working in buildings or worksites, the notice poster displayed under (3)(a) of this rule by the employer must be displayed in the language the employer typically uses to communicate with the employee. If the employer uses more than one language to communicate with employees assigned to a building or worksite, then the employer must display copies of the notice poster in each of the languages that the employer would typically use to communicate with the employees assigned to that building or worksite; and

(b) For employers that have employee(s) assigned to remote work, the notice poster provided under (3)(b) of this rule by the employer must be provided in the language the employer typically uses to communicate with each employee assigned to remote work.

(5) An employer with an equivalent plan that does not provide coverage on the employee’s first day of employment must additionally provide written notice poster to newly hired employees as described in OAR 471-070-1300.

(6) If any of the department requirements pertaining to the notice poster change:

(a) An employer with an approved equivalent plan must update their notice poster to be consistent with the requirements.

(b) The department shall make available a revised model notice poster template and announce the availability of the revised template.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210 & 657B.070
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 24-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 10-2022, adopt filed 08/22/2022, effective 08/22/2022

Or. Admin. R. 471-070-2400 Equivalent Plans: Disputes between an Equivalent Plan Employer and Employee, Request for Hearing

(1) As required by ORS 657B.420, the department will provide a dispute resolution process to assist in resolving disputes between employers or equivalent plan administrators, as applicable, and employees regarding coverage and benefits provided under an employer’s approved equivalent plan if the appeal with the employer or administrator is not otherwise resolved.

(2) Prior to the department providing a dispute resolution process, the employee and employer or administrator must follow the equivalent plan appeal process described in OAR 471-070-2220(13).

(3) In the event that the employee and employer or administrator are unable to resolve an appeal on a coverage or benefit decision through the equivalent plan’s appeal process, the employee may request dispute resolution assistance through the department. The dispute resolution request must:

(a) Be in writing, by phone, online, or in another format approved by the department.

(b) Include a copy of the employer or administrator’s appealable decision and any documents related to the dispute, including documents supporting or referencing the employer’s or administrator’s decision.

(c) Be received within 60 calendar days of the issuance of the appealable decision, or as soon as practicable if there is good cause as described under section (8) of this rule, for the delay beyond 60 calendar days.

(4) The department shall review the dispute resolution request and issue a determination based on the equivalent plan benefit requirements within 20 calendar days of the receipt of the dispute resolution request.

(5) If an employer or employee disagrees with the determination issued by the department, the employer or employee may file an appeal, as outlined in ORS 657B.410 and related administrative rules, requesting a hearing before the Office of Administrative Hearings.

(6) If the employer or administrator does not comply with the department’s determination or does not comply with a final order issued by an Administrative Law Judge or any reviewing authority, the employee may submit a wage claim with the Oregon Bureau of Labor and Industries under ORS chapter 652.

(7) The payment of any benefits not placed in issue by the dispute resolution request shall continue during the dispute and appeal processes.

(8) Good cause for late dispute resolution request includes, but is not limited to, the following:

(a) Difficulty obtaining verification;

(b) Factors or circumstances beyond the employee’s, employer’s, administrator’s, or department’s reasonable control that prevented them from providing information;

(c) A serious health condition that results in an unanticipated and prolonged period of incapacity and that prevents the employee or employer from timely providing information; or

(d) A demonstrable inability to reasonably access a means to respond in a timely manner, such as an inability to file a leave report due to a natural disaster or a significant and prolonged outage.

History

Statutory/Other Authority: ORS 657B.420
Statutes/Other Implemented: ORS 657B.420, ORS 183.635 & Chapter 292, Oregon Laws 2023
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2450 Equivalent Plans: Termination by the Department

(1) The department may terminate an employer’s equivalent plan due to reasons that include, but are not limited to:

(a) Misuse of employee contributions withheld or retained by the employer;

(b) Failure to adhere to the department approved equivalent plan or to report substantive equivalent plan changes to the department;

(c) Failure to adhere to applicable Paid Leave Oregon program requirements, including but not limited to OAR 471-070-2220 and equivalent plan reporting requirements;

(d) Failure to file for reapproval as required in OAR 471-070-2210;

(e) Employer insolvency;

(f) Termination of the insurance policy by the plan administrator;

(g) Closure of a business; or

(h) Failure to respond timely to the department’s reasonable inquiries for information about the equivalent plan.

(2) If the plan administrator plans to terminate an employer’s insurance policy, the administrator must provide notice to the department at least 30 calendar days prior to the termination date. The termination date must be effective on the last day of a calendar quarter. The administrator’s notice to the department should include:

(a) The original effective date of the fully insured equivalent plan policy; and

(b) The effective date of the termination requested by the administrator.

(3) If the department seeks to terminate an equivalent plan, the department will send the employer and administrator, if applicable, a notice of termination to the employer’s last known address, or electronically when permitted, if the employer has opted for electronic notification, as shown in the department’s records. The notice must provide:

(a) The reason(s) for the termination;

(b) Instructions on how to resolve the reason(s) for termination; and

(c) The effective date of termination, which must be the last day of a calendar quarter, absent further specified action by or on behalf of the employer.

(4) An employer may appeal the notice of termination in accordance with ORS 657B.410 and applicable administrative rules within 20 calendar days of the notice of termination.

(5) The employer or administrator must notify all employees of any equivalent plan termination within 10 business days after the date the termination becomes effective.

(6) All applicable equivalent plan requirements, including but not limited to those outlined within OAR 471-070-2220 and equivalent plan reporting requirements as outlined in OAR 471-070-2230, remain in effect until the effective date of any termination.

(7) The employer or administrator must pay or continue to pay benefits under the terms of the equivalent plan to eligible employees who were approved for or receiving benefits under the equivalent plan on the effective date of termination until the total amount of the benefit claim is paid, the duration of leave ends, or the benefit year ends, whichever occurs first. If the employer or administrator does not pay the benefits, the employee may file an appeal with the employer as described in OAR 471-070-2220(13) and then a dispute resolution request with the department as described in OAR 471-070-2400.

(8) Within 30 calendar days after the effective date of the termination of an equivalent plan, the employer must send to the department all reporting requirement information on benefit claims paid, amounts of contributions collected or owing, and administrative expenses incurred as specified in OAR 471-070-2230 from the date of the last report provided to the department under the equivalent plan reporting requirements to the date of termination.

(9) Once the department receives the report specified in section (8) of this rule, the department will provide an invoice of the contribution amounts due, if any. The contribution amount due is calculated based on any contributions withheld from employee’s wages that remain in the possession of the employer upon the effective date of the equivalent plan termination, minus an amount equal to the amount of any benefits due to be paid as required under section (7) of this rule and any anticipated administrative expenses. Once all required benefits are paid under section (7) of this rule, the employer must immediately send to the department the final report on any additional benefit claims paid or administrative expenses incurred after the date of the last report provided under section (8) of this rule. Once the department receives the report, the department will provide an invoice of any additional contribution amounts due. Any remaining contribution amounts due are deposited into the Paid Leave Oregon Trust Fund.

(a) Any contributions become due and payable to the department on the effective date of termination unless the employer timely requests an appeal in accordance with section (4) of this rule.

(b) Interest on the contribution amount due from the employer shall accrue from the date of invoice(s) until paid to the department, in accordance with ORS 657B.320(3).

(10) Upon the effective date of an equivalent plan termination, the employer must begin paying employee and employer contributions, if required, in accordance with ORS 657B.150 and other applicable statutes and rules.

(11) After the department terminates an equivalent plan, the employer may not reapply for an equivalent plan approval within three years following the date of termination.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.210, 657B.220 & 657B.240
ED 23-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2455 Equivalent Plans: Termination and Withdrawal by Successor in Interest

(1) A successor in interest may request to terminate an equivalent plan that was in effect on the date of acquisition within 90 days after becoming a successor in interest resulting from the acquisition in accordance with ORS 657B.260. The request to terminate may be submitted online, by phone, or in another method prescribed by the department. The successor in interest must provide written documentation of the acquisition, and any other relevant information regarding the acquisition required by the department.

(2) A successor in interest may request to withdraw from the equivalent plan in accordance with OAR 471-070-2460.

(3) If a request to terminate or withdraw is approved, the department will notify the successor in interest of the effective date of the termination or withdrawal. A successor in interest whose request to terminate is approved is subject to sections (5) through (10) of OAR 471-070-2450. A successor in interest whose request for withdrawal is approved is subject to sections (3) through (8) of OAR 471-070-2460.

(4) If a request to terminate or withdraw is denied, the department will notify the successor in interest of the reason for the denial. The successor in interest may appeal the decision to deny a request to terminate or withdraw an equivalent plan, in accordance with ORS 657B.410 and applicable administrative rules.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.260
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-2460 Equivalent Plans: Employer Withdrawal

(1) An employer may withdraw from an approved equivalent plan that has been in effect for at least one year by submitting a withdrawal form online, by phone, or in another method prescribed by the department.

(2) The employer must provide notice to the department by submitting a withdrawal form at least 30 calendar days prior to the effective date of withdrawal. The effective date of the withdrawal is the later of one of the following dates:

(a) The date that the equivalent plan has been in effect for one year; or

(b) A date that is at least 30 calendar days after the date the withdrawal form is sent to the department.

(A) If the calendar quarter ends 30 calendar days or more after the employer submits the withdrawal request to the department, the effective date of withdrawal is the last day of the calendar quarter in which the request is submitted.

(B) If the calendar quarter ends less than 30 calendar days after the employer submits the withdrawal request to the department, the effective date of withdrawal is the last day of the calendar quarter immediately following the quarter in which the request is submitted.

(3) The employer or administrator must provide notice of the withdrawal from an equivalent plan to its employees at least 30 calendar days prior to the effective date of withdrawal. The notice, at a minimum, must include the effective date of the equivalent plan withdrawal and information about the state plan in accordance with ORS 657B.440.

(4) All equivalent plan requirements, including but not limited to those included in OAR 471-070-2220 and the equivalent plan reporting requirements, remain in effect until the effective date of the withdrawal, except as specified in section (5) of this rule.

(5) The employer or administrator must pay or continue to pay benefits under the terms of the equivalent plan to eligible employees who were approved or receiving benefits under the equivalent plan on the effective date of the withdrawal until the total amount of the benefit claim is paid, the duration of leave ends, or the benefit year ends, whichever occurs first. If the employer or administrator does not pay the benefits, the employee may file an appeal with the employer as described in OAR 471-070-2220(13) and then a dispute resolution request with the department as described in OAR 471-070-2400.

(6) Within 30 calendar days after the effective date of the withdrawal of an equivalent plan, the employer must send to the department all reporting requirement information on benefit claims paid, amounts of contributions collected or owing, and administrative expenses incurred as specified in OAR 471-070-2230 between the last report provided to the department under the equivalent plan reporting requirements and the date of the withdrawal.

(7) Once the department receives the report specified in section (6) of this rule, the department will provide an invoice of the contribution amounts due, if any. The contribution amount due is calculated based on any contributions withheld from employee’s wages that remain in the possession of the employer upon the effective date of the withdrawal, minus an amount equal to the amount of any benefits due to be paid as required under section (5) of this rule and any anticipated administrative expenses. Once all required benefits are paid under section (5) of this rule, the employer must immediately send to the department the final report on any additional benefit claims paid or administrative expenses incurred after the date of the last report provided under section (6) of this rule. Once the department receives the report, the department will provide an invoice for any additional contribution amounts due. Any remaining contribution amounts due are deposited into the Paid Leave Oregon Trust Fund.

(a) Any contributions become due and payable on the effective date of the withdrawal.

(b) Interest on the amount due from the employer shall accrue from the date of the invoice(s) until paid to the department, in accordance with ORS 657B.320(3).

(8) Upon the effective date of the withdrawal of an equivalent plan, the employer must begin paying employee and employer contributions, if required, in accordance with ORS 657B.150 and other applicable statutes and rules.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340 & ORS 657B.240
Statutes/Other Implemented: ORS 657B.240
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 22-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 3-2023, amend filed 07/31/2023, effective 08/01/2023
ED 8-2022, adopt filed 04/21/2022, effective 04/21/2022

Or. Admin. R. 471-070-3000 Contributions: Definitions

“Maximum wage amount” means the maximum employee wages per employer subject to Paid Leave Oregon contributions per calendar year.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.150
ED 21-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3010 Contributions: Method for Determining Contribution Rate and Maximum Wage Amount

(1) The department shall determine the Paid Leave Oregon contribution rate on an annual basis. Using current and actual data as well as projections, the factors the department considers in determining the rate include, but are not limited to:

(a) Paid Leave Oregon Trust Fund balance on August 31 of each year;

(b) Estimated number of Oregon employees and their estimated Paid Leave Oregon subject wages;

(d) Estimated number of employers that employ on average fewer than 25 employees, as described in OAR 471-070-3160, and the estimated number of those employers that commit to pay the employer contributions in accordance with OAR 471-070-3750;

(e) Estimated number of tribal governments electing coverage under ORS 657B.130(4) and the estimated number of employees employed by tribal governments that have elected coverage;

(f) Estimated number of self-employed individuals electing coverage under ORS 657B.130;

(g) Maximum wage amount;

(h) Average weekly wage as defined in ORS 657B.010(2);

(i) Estimated revenue that will be deposited into the Paid Leave Oregon Trust Fund through the end of the next calendar year, including projections of:

(A) Contributions paid;

(B) Penalties and interest paid;

(D) Interest accrued on the Paid Leave Oregon Trust Fund;

(j) Estimated expenditures from the Paid Leave Oregon Trust Fund through the end of the next calendar year, including projections on:

(A) Benefits paid;

(B) Administrative costs;

(D) Amount reimbursed to the General Fund.

(2) For purposes of determining the contribution rate, estimates will include consideration of Paid Leave Oregon program data and other relevant data sources, including but not limited to, other Oregon state agencies, other states’ agencies, and federal agencies.

(3) The director shall announce the contribution rate and maximum wage amount by November 15 each year, effective for the following calendar year.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.150
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 20-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3020 Contributions: Maximum Wage Amount

(1) Wages are subject to contributions up to the maximum wage amount paid per employer each calendar year.

(2) If an employee works for multiple employers, each employer must:

(a) Withhold and remit employee contributions for wages paid up to the maximum wage amount paid by the employer; and

(b) Pay employer contributions on wages paid up to the maximum wage amount paid by the employer, when applicable.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.150
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3030 Contributions: Wage Reporting and Contribution Payments

(1) Employers must file quarterly on the Oregon Quarterly Tax Report detailing the Paid Leave Oregon portion of all Paid Leave Oregon subject wages, the employee count, and employee and employer Paid Leave Oregon contributions due, except those employers listed in section (3) of this rule and in OAR 471-070-2030. The Oregon Quarterly Tax Report is due on or before the last day of the month following the close of the calendar quarter.

(2) In addition to the Oregon Quarterly Tax Report as provided in section (1) and the contribution payments in section (4) of this rule, each employer shall file an Oregon Employee Detail Report that includes Paid Leave Oregon subject wages and other reports as may be required by the department and ORS 316.168.

(3) Domestic employers may file an Oregon Annual Report detailing the Paid Leave Oregon subject wages and employee Paid Leave Oregon contributions due if they have on average less than 25 employees as calculated under OAR 471-070-3150. The Oregon Annual Report is due on or before the last day of January of the following year.

(4) An employer may, with the director’s approval, substitute Electronic Data Processing (EDP) medium for the reports required in section (1) through (3) of this rule. The employer’s quarterly report of employees’ Paid Leave Oregon wages and other reports as may be required must be attached to or filed with the substitute EDP medium. All reports must be legible and complete as to the information required by this rule and the instructions associated with the report forms. Any report may be returned to the employer if improperly prepared, incomplete, or illegible and such employer shall be deemed to have failed to file reports for Paid Leave Oregon as required by this rule and shall be subject to the penalties in ORS 657B.910 and OAR 471-070-8520.

(5) If an employer fails to file the reports required in sections (1) through (3) of this rule, the director will estimate the Paid Leave Oregon subject wages and contributions due based on all information available to the department, including but not limited to, the wage information reported for Unemployment Insurance.

(6) Contribution payments are due quarterly and payable for each calendar quarter with respect to Paid Leave Oregon wages paid within that calendar quarter unless specified otherwise under section (7) of this rule. Quarterly contributions are due and payable on or before the last day of the month following the close of the calendar quarter.

(7) Contribution payments, from domestic employers who file annually, are payable for each calendar year with respect to wages paid within that calendar year. Annual contributions shall be due and payable on or before the last day of January of the following year.

(8) When the due date falls on a Saturday, Sunday or a legal holiday, the report and payment is due on the next business day following the due date.

(9) If an employer ceases to exist; discontinues operations or business; or sells out, exchanges or otherwise disposes of the business or substantially all of its assets, any contribution payable under this section is immediately due and payable, and the employer shall pay the contributions due within 10 calendar days.

(10) An employer who fails to pay timely contributions as required by sections (6) or (7) of this rule is delinquent. If a delinquency continues following the issuance of a notice of delinquency to the employer’s last known address or electronically when permitted, if the employer has opted for electronic notification, as shown in the department’s records the department may require the employer to report and pay contributions on a monthly basis until all delinquent contributions have been paid in full, along with any currently due contributions, and the employer receives approval to begin making quarterly reports and pay contributions as provided in this rule.

(11) If an employer is required to pay contributions monthly, the monthly contributions are due on or before the last day of the month following the month for which the contributions are payable. If the contributions are not paid by the due date, the employer is delinquent.

(12) Any employer that is delinquent in the payment of contributions as provided in this rule is subject to the penalties as specified in ORS 657B.320, and further may be assessed an additional penalty as provided in ORS 657B.910.

(13) Employers are responsible for the payment of penalties for delinquent contributions. Employers are prohibited from withholding funds from employees for the purposes of paying penalties or applying employee contributions toward the payment of penalties.

(14) The date of receipt of contributions or reports transmitted through the mail or private express carrier shall be determined as provided in ORS 293.660. The date of receipt shall be used in the calculation of interest charges, delinquencies, penalties, or other sanctions provided by law.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.150 & 293.660
ED 19-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3040 Contributions: Withholding of Employee Contributions

(1) An employer may not deduct from the employee’s subject wages more than the maximum allowable amount of 60 percent of the total contribution rate described in OAR 471-070-3010 for a pay period rounded to the nearest cent. When rounding, any number with the last figure five or greater is rounded up, while numbers less than five are rounded down.

(2) When performing the calculation described in section (1) of this rule, the intermediate steps shall not be rounded, only the final step shall be rounded to the nearest cent.

(3) If an employer fails to deduct the maximum allowable employee share of the contribution rate for a pay period, the employer is considered to have elected to pay that portion of the employee’s contribution that the employer failed to deduct. The employer is liable to pay that portion of the employee share under ORS 657B.150(5) or ORS 657B.210(5) for that pay period, if the failure to deduct the contribution is not corrected within the quarter. The employer may deduct from the employee’s subject wages the amount they failed to deduct within the quarter.

(4) Notwithstanding section (3) of this rule, when there are insufficient employee wages to collect the employee’s share of the contribution for a pay period, the employer may deduct the employee’s share of the uncollected contribution from future wages or have the employee pay the contribution amount due to the employer before the end of the next quarter. The employer may collect the employee’s share of uncollected contributions until the end of the next quarter following the quarter in which the employee had insufficient wages for the contribution. The total amount deducted from any paycheck may not exceed 10 percent of the employee’s gross wages earned in the pay period covered by the paycheck.

(5) An employer may elect to pay the employee’s contribution, in whole or in part, and must provide a written notice, policy, or procedure to the employee or enter into a collective bargaining agreement with the employee specifying that the employer is electing to pay the employee contribution, making the employer liable for that portion of the employee contribution. The employer must give written notice of an update to its notice, policy, or procedure or amendment to its collective bargaining agreement to the employee at least one pay period prior to any reduction by the employer of the employee contribution amount that the employer previously elected to pay.

(6) If an employer has elected to pay, in whole or in part, the employee portion of contributions as stated in section (5) of this rule, the employer may not deduct the amount the employer elected to pay from a future paycheck of the employee.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.150 & 657B.210
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-3100 Contributions: Place of Performance

(1) The following definitions apply when determining where an employee’s service is performed under ORS 657B.175:

(a) “Incidental” service means service that is temporary or transitory in nature or consists of isolated transactions. Factors that the department may consider in determining whether an employee’s service is incidental include:

(A) The length of service with the employer within Oregon compared to outside Oregon;

(B) Whether the service is an isolated situation or a regular part of the employee’s work;

(C) Whether the employee intends to return to performing services in Oregon upon completion of the services performed outside of Oregon; and

(D) Whether the service performed outside of Oregon is of the same nature as that performed in Oregon.

(b) “Base of operations” means the place, or fixed center of more or less permanent nature, from which the employee starts work and to which the employee customarily returns to receive instructions from the employer, communicate with customers or others, replenish stocks and materials, repair equipment, or perform any other functions necessary to the employee’s trade or profession. The base of operations may be the employee's business office, which may be located at their residence, or the contract of employment may specify a particular place where the employee is to receive direction and instructions.

(c) “Place from which the service is directed or controlled” means the location where the basic authority exists and from which the general direction and control originates. This is distinct from the location where a manager or foreman directly supervises the performance of services under general instructions.

(2) In determining whether an employee’s wages shall be used to make determinations under ORS chapter 657B, the localization factors described in ORS 657B.175 shall be applied in the following sequence:

(a) First, determine whether the employee’s service is localized in Oregon or in another state.

(b) Second, if the service is not localized within any state, determine whether some of the service is performed in Oregon and whether the employee’s base of operations is in Oregon.

(c) Third, if the service is not localized within any state and the employee has no base of operations or the base of operations is not in any state in which some part of the service is performed, but some of the service is performed in Oregon, determine whether the place from which the service is directed or controlled is in Oregon.

(d) Fourth, if the service is not localized within any state and the place from which the service is directed or controlled is not in Oregon or any other state in which some part of the service is performed, but some of the service is performed in Oregon, then determine whether the employee’s residence is in Oregon.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.175
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 18-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-3130 Contributions: Successor in Interest Unpaid Contribution Liability

(1) If an employer fails to pay the Paid Leave Oregon payroll contribution due within 10 calendar days of ending operations, as described in ORS 657B.150(14)(a), any person who becomes a successor in interest to the business is liable for the full amount of the unpaid Paid Leave Oregon payroll contribution.

(2) For purposes of ORS 657B.150 and this rule, an employer is a total successor in interest when all or substantially all of the components parts of the business are transferred to or otherwise acquired by the successor in interest, including the employees necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer.

(3) For purposes of ORS 657B.150 and this rule, an employer is a partial successor in interest when a distinct and severable portion of the business is transferred to or otherwise acquired by the successor in interest, including the employees of that portion of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer.

(4) Liability for unpaid contributions under this section shall be assessed as follows:

(a) When an employer acquires the trade or business as a total successor in interest that has an unpaid contribution balance due, the successor in interest is liable for the full amount of the unpaid Paid Leave Oregon payroll contribution.

(b) When an employer acquires the trade or business as a partial successor in interest that has an unpaid contribution balance due, the predecessor is liable for the total unpaid Paid Leave Oregon payroll contribution.

(5) Unpaid contributions assessed to the successor in interest shall be due immediately upon assessment.

History

Statutory/Other Authority: ORS 657B.150
Statutes/Other Implemented: ORS 657B.150
ED 17-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-3150 Employer Size: Definitions

(1) “Employee count” means a headcount of all of an employer’s employees, including employees in Oregon and all out-of-state employees, excluding the number of replacement employees hired to temporarily replace eligible employees during Paid Leave Oregon leave.

(2) “Employer size” means an employer’s average number of employees for the preceding 12 month period and is based on the number of employees on the employer’s payroll for the pay period that includes the 12th of each month.

(3) “Large employer” means an employer whose employer size is 25 or more employees.

(4) “New employer” means an employer that has not previously operated or had employees in or outside of Oregon.

(5) “Small employer” means an employer whose employer size is less than 25 employees.

History

Statutory/Other Authority: ORS 657B.360
Statutes/Other Implemented: ORS 657B.360
ED 16-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 2-2023, amend filed 03/16/2023, effective 03/16/2023
ED 14-2022, temporary amend filed 11/22/2022, effective 11/22/2022 through 05/20/2023
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3160 Employer Size: Method to Determine Number of Employees Employed by an Employer

(1) Employer size is based on the average of the employer’s monthly employee counts as defined in OAR 471-070-3150(2).

(a) An employer’s employee count is the number of employees on the employer’s payroll for the pay period that includes the 12th of the month, and is the sum of:

(A) The number of employees in Oregon; and

(B) The number of out-of-state employees.

(b) The employee count may not include any replacement employees hired to temporarily replace eligible employees during periods of Paid Leave Oregon leave.

(2) Employer size is not rounded.

(3) Employer size shall be determined annually for each calendar year based on the average of the monthly employee counts from January to December in the previous calendar year.

(4) For new employers, employer size shall be determined quarterly until the employer has operated for an entire calendar year. At the end of each quarter, the average monthly employee counts from the preceding 12 months shall be used to determine the employer size for the quarter.

(5) An employer that determines there is a need to correct their employer size after submitting their Oregon Quarterly Tax Report(s) or Oregon Annual Report shall amend the reports and update the employer contributions.

(a) If the employer changes from a small employer to a large employer, then the employer shall pay employer contributions with the amended reports. Penalties and interests may be assessed in accordance with ORS 657B.320, 657B.910, and associated administrative rules.

(b) If the employer changes from a large employer to a small employer, then the employer shall be credited the previous employer contributions paid. The department may require verification of the employee count before a credit is applied.

(6) The department may verify employee count at any time by requesting employee count information or records or through employer audits or other requests for information and documentation from employers. The department may reassess employer size based on the verification received or other information gathered by the department.

(a) If the department determines that an employer designation should be changed from a small employer to a large employer, then the employer shall be assessed any employer contributions due. Penalties and interests may be assessed in accordance with ORS 657B.320, 657B.910, and associated administrative rules.

(b) If the department determines that an employer designation should be changed from a large employer to a small employer, then the employer may be credited the previous employer contributions paid in error.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.360
Statutes/Other Implemented: ORS 657B.360
ED 15-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 2-2023, amend filed 03/16/2023, effective 03/16/2023
ED 14-2022, temporary amend filed 11/22/2022, effective 11/22/2022 through 05/20/2023
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3320 Contributions: Deposit, Bond, or Letter of Credit

(1) For the purposes of ORS 657B.190, the director or an authorized representative may require a deposit, bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, when the director or an authorized representative finds it necessary for the protection of the Paid Leave Oregon Fund established under ORS 657B.430.

(2) The determination that a deposit, bond or irrevocable letter of credit is necessary is in the director or an authorized representative’s sole discretion. Circumstances that will require a deposit, bond or irrevocable letter of credit include, but are not limited to, circumstances where an employer who currently employs employees subject to ORS chapter 657B:

(a) Is currently delinquent in filing Paid Leave Oregon reports or payment of Paid Leave Oregon contributions; or

(b) Was previously delinquent in filing Paid Leave Oregon reports or payment of Paid Leave Oregon contributions.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.190 & 657B.430
ED 14-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3340 Contributions: Overpayment Refunds

(1) Contributions, interest, fines, or penalties received in excess of the amount legally due and payable, shall be refunded by the department without interest.

(2) The department shall not refund for sums of $10 or less unless requested in writing by the person who made the payment, or their legal representative, within three years of the date that the money was paid to the department, as provided under ORS 293.445.

History

Statutory/Other Authority: ORS 657B.340 & ORS 293.445
Statutes/Other Implemented: ORS 293.445
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022

Or. Admin. R. 471-070-3700 Assistance Grants: Definitions

“Significant additional wage-related costs” means added expenses incurred by the employer due to an eligible employee's use of family leave, medical leave, or safe leave and include:

(1) Paying additional wages to an existing employee;

(2) Outsourcing costs;

(3) Certification;

(4) Equipment purchases;

(5) Training costs; or

(6) Other costs that the department, in its discretion, determines are appropriate.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.200
ED 13-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3705 Assistance Grant: Eligibility

(1) An employer is eligible for an assistance grant if:

(a) At the time an employee starts a period of family leave, medical leave, or safe leave approved by the department, the employer is a small employer as defined in OAR 471-070-3150;

(b) The employer completes an employer assistance grant application and provides the required documentation to the department within the established timeframe as described in OAR 471-070-3710;

(c) The employer commits to pay the employer contribution for a period of at least eight calendar quarters as described in OAR 471-070-3750; and

(d) The employer does not have any delinquent reports, delinquent contributions, and has no unpaid penalties or interest under ORS chapter 657B.

(2) An employer may apply for an assistance grant under ORS 657B.200 only if an eligible employee has taken family leave, medical leave or safe leave for a period of seven or more working days.

History

Statutory/Other Authority: ORS 657B.340 & 657B.200
Statutes/Other Implemented: 657B.200
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3710 Assistance Grants: Application Requirements

(1) An employer may apply for an assistance grant only:

(a) After an eligible employee has been approved by the department for family leave, medical leave or safe leave; and

(b) Prior to the end of the fourth month following the last day of the eligible employee’s period of leave.

(2) An application for a grant must be submitted online or by another method approved by the department. The grant application must be complete and include the following:

(a) Information about the employer applying for the grant, including:

(A) Business Identification Number or Federal Employer Identification Number;

(B) Business name;

(D) Business contact person’s name and contact information;

(b) Information about the eligible employee taking leave for which the employer is requesting the grant, including but not limited to:

(A) First and last name;

(B) Social Security Number (SSN) or Individual Taxpayer Identification Number (ITIN);

(D) End date or expected leave end date;

(A) Type of grant requested; and

(B) Grant amount requested, when applicable;

(d) Written documentation demonstrating that the employer:

(A) Hired a temporary worker to replace an eligible employee on family leave, medical leave, or safe leave, including the temporary worker’s name, start date, SSN or ITIN, and documentation demonstrating that the worker qualifies as a temporary worker for an assistance grant under section (7) of this rule; or

(B) Incurred significant additional wage-related costs due to an eligible employee’s use of leave and the amount, including, but not limited to, receipts, personnel or payroll records, or sworn statements; and

(e) Acknowledgement that:

(A) The employer is required to pay the employer contribution for a period of eight calendar quarters in accordance with OAR 471-070-3750; and

(B) The employer could be required to repay an assistance grant if the employer is later deemed to be ineligible in accordance with OAR 471-070-3850.

(3) An employer that receives a grant under ORS 657B.200(1)(b) may submit another grant application requesting an additional grant under ORS 657B.200(2).

(a) The new grant application must contain:

(A) A new leave end date or new expected leave end date showing an extension of the initial period of leave requested; and

(B) Written documentation demonstrating that a temporary worker was hired to replace an eligible employee on family leave, medical leave or safe leave including the temporary worker’s name, start date, SSN or ITIN, and documentation demonstrating that the worker qualifies as a temporary worker for an assistance grant under section (7) of this rule.

(b) The additional grant application submitted under this section will not count against an employer’s application limit under ORS 657B.200(3).

(4) An incomplete application will not be considered by the department until and unless it is completed and will not count against an employer’s application limit under ORS 657B.200(3).

(5) The department may deny an application for a grant for reasons that include, but are not limited to, the employer's failure to demonstrate that:

(a) The employer hired a temporary worker or incurred significant additional wage-related costs; or

(b) The temporary worker hired or significant additional wage-related costs incurred was due to an employee's use of family leave, medical leave or safe leave.

(6) A denied grant application will count against an employer’s application limit under ORS 657B.200(3).

(7) A worker hired to replace an eligible employee during the eligible employee’s family leave, medical leave or safe leave qualifies as a temporary worker for an assistance grant under ORS 657B.200(1)(a) or (2) if all of the following are true:

(a) The worker was hired on or after the date an eligible employee provided notice of expected qualifying leave;

(b) The worker was hired to perform the same or substantially similar duties and responsibilities as the eligible employee on leave, entailing equivalent skill, effort, responsibility, and authority; and

(c) The worker was not initially hired for a period extending more than 30 calendar days beyond the expected end of the eligible employee’s qualifying leave.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.200 & 657B.340
Statutes/Other Implemented: ORS 657B.200
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 2-2024, temporary amend filed 03/13/2024, effective 03/15/2024 through 09/10/2024
ED 5-2023, amend filed 07/31/2023, effective 08/01/2023
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3730 Assistance Grants: Grant Amounts

The amount paid for an approved assistance grant is as follows:

(1) An employer that hired a temporary worker to replace an eligible employee on family leave, medical leave or safe leave receives a grant of $3,000.

(2) An employer that incurred significant additional wage-related costs due to an eligible employee’s use of family leave, medical leave or safe leave receives a grant equal to the actual costs incurred and provided with the application approved by the department, up to $1,000.

(3) An employer that received a grant in accordance with section (2) of this rule may receive the difference between the amount received in section (2) of this rule and $3,000, if the employee taking leave extended the period of leave beyond the initial expected period of the leave and the employer hires a replacement worker.

History

Statutory/Other Authority: ORS 657B.200 & 657B.340
Statutes/Other Implemented: ORS 657B.200
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3750 Assistance Grants: Employer Contributions

(1) An employer that is approved for an assistance grant must also continue to pay employer contributions for a period of at least eight consecutive calendar quarters starting with the first calendar quarter that begins after the date the most recent grant is approved.

(2) The employer is liable for payment of the employer contribution and subject to penalties and interests in accordance with OAR 471-070-3030.

History

Statutory/Other Authority: ORS 657B.200 & ORS 657B.340
Statutes/Other Implemented: ORS 657B.200
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-3790 Assistance Grants: Successor in Interest Rights and Responsibilities

(1) For the purposes of ORS 657B.200 and this rule, an employer is a total successor in interest when all or substantially all of the components or parts of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer are transferred to or otherwise acquired by the successor in interest.

(2) For the purposes of ORS 657B.200 and this rule, an employer is a partial successor in interest when a distinct and severable portion of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer is transferred to or otherwise acquired by the successor in interest.

(3) Rights and responsibilities for assistance grants shall be assessed as follows:

(a) When an employer becomes a total successor in interest by acquiring a trade or business that has obtained an assistance grant, the total successor in interest:

(A) Is liable for any remaining employer contributions required under OAR 471-070-3750; and

(B) Maintains the grant history of the acquired business. Any grants received or applied for before the ownership transfer occurred count toward the successor in interest’s annual limit under ORS 657B.200.

(b) When an employer becomes a partial successor in interest by acquiring a trade or business that has obtained an assistance grant, the predecessor:

(A) Maintains liability for any remaining employer contributions required under OAR 471-070-3750; and

(B) Maintains their respective grant history of the partial acquired business.

History

Statutory/Other Authority: ORS 657B.200
Statutes/Other Implemented: ORS 657B.200 & 657B.320
ED 1-2024, adopt filed 01/04/2024, effective 01/12/2024
ED 6-2023, temporary adopt filed 08/09/2023, effective 08/09/2023 through 02/04/2024

Or. Admin. R. 471-070-3850 Assistance Grants: Repayment of Grants

Grants shall be repaid to the department if, within three years of receiving a grant:

(1) Amendments to a previous wage report resulted in a reassessment of the employer size that determines the employer was a large employer at the time the eligible employee started the period of family leave, medical leave or safe leave used for the grant application; or

(2) The department determines that the information or documentation included in the grant application was inaccurate, misleading or false and the employer was ineligible for the grant or did not meet the grant application requirements.

History

Statutory/Other Authority: ORS 657B.200 & ORS 657B.340
Statutes/Other Implemented: ORS 657B.200
ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-5200 Due Dates for Balances Owed to the Department

(1) Unless otherwise specified in statute or administrative rule, balances owed to the department under ORS chapter 657B are considered due and payable as of the date the decision causing the balance due becomes final.

(2) “Final” means a decision made under this chapter for which the timeframe to request a hearing as described in OAR 471-070-8005 has expired, unless a timely request for a hearing with the department regarding the decision has been filed in which case “final” means when the decision issued following the hearing, or any appeal of the hearing, has been issued and the time period to further appeal that decision has passed without a timely appeal being filed.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.340
ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-5210 Application of Payments

(1) As used in this administrative rule:

(a) “Designated payments” are payments received by the department specifying a specific debt, distraint warrant, or quarter(s) in the case of contributions.

(b) “Legal fees” means fees attributed to the recording or processing of a distraint warrant on behalf of the department for the purpose of collecting amounts owed under ORS chapter 657B pursuant to ORS 657B.300, search fees attributed to garnishments issued to financial institutions pursuant to ORS 18.790, and fees charged by the Department of Revenue pursuant to ORS 293.250.

(d) “Undesignated payments” are payments received by the department that are not specified for a debt, distraint warrant, or quarter(s) in the case of contributions.

(2) Except as otherwise provided by statute, or as directed by a court of competent jurisdiction, payments made to the department by or on behalf of an individual or employer for amounts owed under ORS chapter 657B; legal fees, and related penalties; in accordance with the provisions of ORS chapter 657B shall be identified by the department as either “Designated payments” or “Undesignated payments” and will be credited to the individual’s or employer’s account in the following order of priority:

(a) Undesignated payments:

(A) To the oldest unwarranted unpaid balance in the following order:

(i) Penalties;

(ii) Interest; and then

(iii) Principal.

(B) After the payment amounts under subsection (a)(A) of this section have been applied, any remaining amounts shall then be credited to the most recent unpaid warranted balance in the following order:

(i) Legal Fees;

(ii) Penalties;

(iii) Interest; and then

(iv) Principal.

(b) Designated payments:

(A) Legal Fees;

(B) Penalties;

(D) Principal.

(3) The department may identify categories of indebtedness for internal accounting procedures and may retire each category separately in the order of priority set forth in section (2) of this rule.

(4) Nothing in this rule shall be construed in any way as abridging or limiting the authority or powers of the director granted under ORS chapter 657B.

(5) The employees listed in OAR 471-070-0550 may act on behalf of the director for purposes of section (3) and (4) of this rule.

(6) Notwithstanding any instructions to the contrary by or on behalf of the individual or employer, payments will be applied in the manner specified in this rule.

(7) Credit balances will be treated as payments for the purposes of this rule.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.040, 657B.332, 657B.150, 657B.240, 657B.300, 657B.320, 657B.330, 657B.370, 657B.430, 657B.910, 657B.920 & 293.250
ED 12-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023

Or. Admin. R. 471-070-5240 Compromise of Amount Due

It shall be the policy of the director to compromise the amount due from an employer or former employer with a delinquent account pursuant to the provisions of ORS 657B.320(9) where it appears that such action would be in the best interests of all parties involved and the statutory criteria for a settlement have been met.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.320
ED 11-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-8000 Appeals: Department Representation in Hearing

In accordance with ORS 657B.410, an officer or employee of the Oregon Employment Department is authorized to appear on behalf of the department in the following types of hearings conducted before the Office of Administrative Hearings:

(1) Administrative decisions related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS 657B.040, 657B.100, 657B.332 and 657B.335 and applicable rules.

(2) Administrative decisions related to PFMLI elective coverage and contributions under ORS 657B.130 to 657B.175 or 657B.370 and applicable rules.

(3) Administrative decisions related to Paid Leave Oregon penalties imposed under ORS 657B.910 or 657B.920 and applicable rules.

(4) Administrative decisions related to Paid Leave Oregon employer assistance grants under ORS 657B.200 and applicable rules.

(5) Administrative decisions related to PFMLI equivalent plans under ORS 657B.210 and applicable rules.

History

Statutory/Other Authority: ORS 657B.340 & 657B.410
Statutes/Other Implemented: 657B.410
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 74-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026
ED 10-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 2-2023, adopt filed 03/16/2023, effective 03/16/2023
ED 16-2022, temporary adopt filed 12/06/2022, effective 12/06/2022 through 06/03/2023

Or. Admin. R. 471-070-8005 Appeals: Request for Hearing

(1) A request for hearing may be filed on forms provided by the department. Use of the form is not required provided the party specifically requests a hearing or otherwise expresses a present intent to appeal and it can be determined what issue or decision is being appealed.

(2) A claimant’s request for hearing on an administrative decision related to Paid Leave Oregon benefits under ORS chapter 657B and applicable administrative rules must be in writing and filed within 60 calendar days after the administrative decision is issued and may be filed:

(a) By mail, email, or other means, as designated by the department in the notice of administrative decision that is being appealed;

(b) In person at any publicly accessible Employment Department office in Oregon; or

(c) By a method approved by the department, including use of the department’s secured website, as provided on the notice of administrative decision that is being appealed.

(3) An employer, self-employed individual, or tribal government’s request for hearing on an administrative decision related to Paid Leave Oregon contributions, employer assistance grants, equivalent plans, or penalties under ORS chapter 657B and applicable administrative rules, must be in writing and filed within 20 calendar days after the administrative decision is issued. The request for hearing may be filed:

(a) By mail, email, or other means, as designated by the department in the notice of administrative decision that is being appealed;

(b) In person at any publicly accessible Employment Department office in Oregon; or

(c) By a method otherwise approved by the department, including through the use of the department’s secured website, as provided on the notice of administrative decision that is being appealed.

(4) The filing date for any request for hearing shall be determined as follows:

(a) When delivered in person to any Employment Department office in Oregon, the filing date is the date of delivery to the department, as evidenced by the receipt date stamped or written by the department employee who receives the document.

(b) When filed by mail, the date of filing is the postmarked date affixed by the United States Postal Service. In the absence of a postmark date, the date of the response shall be the most probable date of mailing as determined by the department.

(c) When filed by email, the date of filing is the date of delivery, as evidenced by the receipt date on the department’s email system.

(d) When filed through the department’s secured website, the date of filing is the date indicated in OAR 471-070-0850(3).

(e) When filed by any other means, the date of filing is the date of delivery, as evidenced by the receipt date stamped or written by the employee of the department who receives the document.

(5) In computing the period of time by which a party must submit an appeal, the day the administrative decision is issued shall not be counted. The last day of the time period shall be included, unless it is a scheduled day of office closure, in which case the time period extends to the next day the office is open. Scheduled days of office closure include, but are not limited to, Saturdays, Sundays, and legal holidays identified in ORS 187.010 and 187.020.

(6) A request for hearing with respect to a claim for benefits shall not stay the payment of any benefits not placed in issue by the request for hearing, nor shall it stay an order previously entered allowing benefits.

[Publications: Contact the Oregon Employment Department for information about how to obtain a copy of the publication referred to or incorporated by reference in this rule.]

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410, ORS 187.010 & 187.020
ED 9-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8010 Appeals: Assignment to Office of Administrative Hearings

(1) Except as outlined in OAR 471-070-8070(5), when a request for hearing has been timely filed as provided in OAR 471-070-8005 or a late request for a hearing has been filed as provided in OAR 471-070-8025, the department shall refer the request to the Office of Administrative Hearings established under ORS 183.605, for assignment to an administrative law judge.

(2) The administrative law judge shall review the determination and, if requested by the employer, self-employed individual, tribal government, or claimant, shall grant a hearing unless a hearing has previously been afforded the requestor on the same grounds that are set forth in the determination.

(3) The Director of the Employment Department shall notify the parties of their right, upon request, to receive copies of all documents and records in the possession of the department relevant to the administrative decision, including any statements of the claimant, employer or others.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410 & Chapter 292, Oregon Laws 2023
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8015 Appeals: Contested Case Proceedings Interpretation for Non-English-speaking Persons

(1) This rule applies to the department’s Paid Leave Oregon contested case proceedings that require the services of an interpreter for a non-English-speaking person who is a party or witness.

(2) For purposes of this rule:

(a) A “non-English-speaking person” means a person who, by reason of place of birth, national origin, or culture, speaks a language other than English and does not speak English at all or with adequate ability to communicate effectively in the proceedings.

(b) A “qualified interpreter” means a person who is readily able to communicate with the non-English-speaking person and who can orally transfer the meaning of statements to and from English and the language spoken by the non-English-speaking person. A qualified interpreter must be able to interpret in a manner that conserves the meaning, tone, level, style, and register of the original statement, without additions or omissions. A qualified interpreter does not include any person who is unable to interpret the dialect, slang, or specialized vocabulary used by the party or witness.

(3) In conducting contested case proceedings under this rule, the department will comply with the applicable provisions of ORS 45.272 to 45.292.

(4) If a non-English-speaking person is a party or witness in a contested case proceeding:

(a) The administrative law judge shall appoint a qualified interpreter who is certified under ORS 45.291, if available, to interpret the proceedings to a non-English-speaking party or witness, to interpret the testimony of a non-English-speaking party or witness, or to assist the administrative law judge in performing the duties of the administrative law judge.

(b) If a qualified interpreter certified who is under ORS 45.291 is unavailable, the administrative law judge shall appoint a qualified interpreter that is not certified.

(c) A fee may not be charged to any party or witness for the appointment and services of an interpreter in a contested case proceeding to interpret testimony of a non-English-speaking party or witness, to interpret the proceedings to a non-English-speaking party or witness, or to assist the administrative law judge in performing the duties of the administrative law judge, except as provided by ORS 45.275(4) and subsection (4)(f) of this rule.

(d) The administrative law judge may not appoint any person as an interpreter if the person has a conflict of interest with any of the parties or witnesses, is unable to understand or cannot be understood by the administrative law judge, party or witness, or is unable to work cooperatively with the administrative law judge, the person in need of an interpreter or the representative for that person. If a party or witness is dissatisfied with the interpreter selected by the administrative law judge, a substitute interpreter may be appointed as provided in ORS 45.275(5).

(e) If a party or witness is dissatisfied with the interpreter appointed by the administrative law judge, the party or witness may request a different interpreter as provided in ORS 45.275(4), except that good cause must be shown for a substitution if the substitution will delay the proceeding. Good cause exists when information in the record establishes that the party or witness would be unable to effectively communicate without the assistance of a substitute interpreter. Any party may object to use of any interpreter for good cause.

(f) Fair compensation for the services of an interpreter shall be paid by the department except, when a substitute interpreter is used for reasons other than good cause, the party requesting the substitute shall bear any additional costs beyond the amount that was or would have been paid to the original interpreter.

(5) In determining if a person is a qualified interpreter, the administrative law judge shall consider the following factors to ascertain whether the individual will be able to readily communicate with the non-English-speaking person and orally translate the meaning of the statements made from the English language to the language spoken by the non-English-speaking person:

(a) The person’s native language;

(b) The number of years of education the person has in the language to be interpreted and the English language;

(c) The number of years of specialized training that has provided the person with the opportunity to learn and use the language to be interpreted and the English language;

(d) The amount of time the person has spent in countries where the language to be interpreted is the primary language;

(e) The number of years the person has spent acquiring the ability to read or write, or both, the language to be interpreted and the English language;

(f) The person’s previous experience as an interpreter;

(g) The person’s ability to interpret in a manner that conserves the meaning, tone, level, style, and register of the original statement, without additions or omissions;

(h) The person’s ability to interpret the dialect, slang, or specialized vocabulary of the original statement; and

(i) The person’s knowledge of the Oregon Code of Professional Responsibility for Interpreters in Oregon Courts.

(6) In appointing an interpreter under this rule, the administrative law judge shall use a procedure and ask questions or make statements on the record substantially similar to the following:

(a) “Please state your name for the record.”

(b) "Are you currently a certified interpreter in Oregon in accordance with ORS 45.291 in the language to be interpreted?" If the prospective interpreter answers no, the interpreter must state or submit their qualifications on the record and must swear or affirm to make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter’s best skills and judgment in accordance with the standards and ethics of the interpreter profession.

(c) “Is there any situation or relationship, including knowing any parties or witnesses in this case, that may be perceived by me, any of the parties, or any witnesses as a bias or conflict of interest in or with the parties or witnesses in this case?” If the prospective interpreter answers affirmatively, the administrative law judge shall inquire further to ascertain whether any disqualifying bias or conflict of interest exists with any of the parties or witnesses.

(d) "Are you able to understand me, the parties, and the witnesses in this proceeding?”

(e) “In your opinion, are the parties and witnesses able to understand you?”

(f) Directed at the parties and witnesses requiring the assistance of an interpreter: “Are you able to understand the interpreter?”

(g) “Are you able to work cooperatively with me and the person in need of an interpreter or counsel for that person?”

(h) If the foregoing questions in subsections (b), (d), (e), (f), and (g) are answered affirmatively and the administrative law judge is satisfied that the prospective interpreter has no bias or conflict of interest under question (c), then the administrative law judge shall state: “I hereby appoint you as interpreter in this matter.”

(i) If the administrative law judge determines that the person is a qualified interpreter, then the administrative law judge shall state on the record, “Based on your knowledge, skills, training, or education, I find that you are qualified to act as an interpreter in this matter.” If the administrative law judge is not satisfied that the person is capable of serving as a qualified interpreter, the administrative law judge shall not appoint the person to serve in such capacity.

(j) The administrative law judge must then administer the oath or affirmation for the interpreter: “Do you (swear) (affirm) that you will make a true and impartial interpretation of the proceedings in an understandable manner, using your best skills and judgment in accordance with the standards and ethics of the interpreter profession?” An oath or affirmation is not required for a certified interpreter in accordance with ORS 45.291.

(k) After receiving the qualified interpreter’s oath or affirmation, the administrative law judge shall state: “I hereby appoint you as interpreter in this matter.”

(l) On the record, the administrative law judge will then instruct any non-English-speaking party or witness as follows: “If, at any time during the hearing, you do not understand something, or believe there are problems with the interpretation, you should indicate by interrupting and calling this to my attention.”

(7) If the department has knowledge that a non-English-speaking person is in need of an interpreter, the department shall provide notice of the need for an interpreter to the Office of Administrative Hearings (OAH), which shall schedule an interpreter for that person’s contested case proceeding. If the department does not have knowledge that an interpreter is needed for a non-English-speaking person, the non-English-speaking person, or that person’s representative, must notify the OAH of such need in advance of the contested case proceeding for which the interpreter is requested.

(b) The request for an interpreter may be made orally or in writing to the administrative law judge and must be made as soon as possible, but no later than 14 calendar days before the proceeding, including the hearing or pre-hearing conference, for which the interpreter is requested.

(d) The notice to the administrative law judge must include:

(A) The name of the person needing a qualified interpreter;

(B) The person’s status as a party or a witness in the proceeding; and

(8) If a party is non-English-speaking, English language exhibits are to be handled as follows:

(a) If the non-English-speaking party confirms on the record that an interpreter already has interpreted an English language document for the party, the administrative law judge may receive the document into evidence without further interpretation of the document, unless necessary to assist a witness to provide relevant testimony.

(b) If the administrative law judge intends to receive into evidence an English language document that has not been previously interpreted under subsection (8)(a) of this rule, the administrative law judge shall read the document and allow for contemporaneous interpretation. If the document is lengthy, the administrative law judge need not read into the record clearly irrelevant portions of the document, provided however that the administrative law judge shall summarize the remaining content of the document on the record.

(c) If, at the time of the proceeding, the administrative law judge does not rule on the admissibility of an offered English language document, then the administrative law judge shall read the offered document into the record and allow contemporaneous interpretation, subject to the exception in subsection (8)(b) of this rule. The interpreter shall interpret all such offered documents or portions of such documents read into the record.

(d) If an offer of proof for excluded evidence includes an English language document, the interpreter shall interpret the document, subject to the exception in subsection (8)(b) of this rule, for a non-English-speaking party on the record, or off the record if so confirmed on the record by the non-English-speaking party.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 8-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8020 Appeals: Contested Case Proceedings Interpretation for Individuals with a Disability

(1) For purposes of this rule:

(a) An “assistive communication device” means any equipment designed to facilitate communication by an individual with a disability;

(b) An “individual with a disability” means a person who cannot readily understand the proceedings because of deafness or a physical hearing impairment, or cannot communicate in the proceedings because of a physical speaking impairment;

(c) A “qualified interpreter” for an individual with a disability means a person readily able to communicate with the individual with a disability, interpret the proceedings and accurately repeat and interpret the statements of the individual with a disability.

(2) If an individual with a disability is a party or witness in a contested case proceeding:

(b) A fee may not be charged to the individual with a disability for the appointment of an interpreter or use of an assistive communication device. A fee may not be charged to any person for the appointment of an interpreter or the use of an assistive communication device if appointment or use is made to determine whether the individual is an individual with a disability for purposes of this rule.

(3) When an interpreter for an individual with a disability is appointed or an assistive communication device is made available under this rule:

(c) If a party or witness is dissatisfied with the interpreter selected by the administrative law judge, the party or witness may use any qualified interpreter except that good cause must be shown for a substitution if the substitution will delay the proceeding. Good cause exists when information in the record establishes that the party or witness would be unable to effectively communicate without the assistance of a substitute interpreter. Any party may object to use of any interpreter for good cause.

(d) Fair compensation for the services of an interpreter or the cost of an assistive communication device shall be paid by the department except, when a substitute interpreter is used for reasons other than good cause, the party requesting the substitute shall bear any additional costs beyond the amount that was or would have been paid to the original interpreter.

(4) The administrative law judge shall require any interpreter for an individual with a disability to state the interpreter’s name on the record and whether they are certified under ORS 45.291. If the interpreter is not certified under ORS 45.291, the interpreter must state or submit their qualifications on the record and must affirm that they will make a true and impartial interpretation of the proceedings in an understandable manner using the interpreter’s best skills and judgment in accordance with the standards and ethics of the interpreter profession.

(5) A person requesting an interpreter or assistive communication device for an individual with a disability must notify the administrative law judge as soon as possible, but no later than 14 calendar days before the proceeding, including the hearing or pre-hearing conference, for which the interpreter or device is requested.

(a) For good cause, the administrative law judge may waive the 14 calendar days advance notice.

(b) The notice to the administrative law judge must include:

(A) The name of the person needing a qualified interpreter or assistive communication device;

(B) The person’s status as a party or a witness in the proceeding; and

(C) If the request is on behalf of an individual with a disability, the nature and extent of the individual’s physical hearing or speaking impairment, and the type of aural interpreter, or assistive communication device needed or preferred.

(6) If the department has knowledge that an individual with a disability that is a party or witness in a contested case proceeding is in need of an interpreter or assistive communication device, the department shall provide notice of the need to the Office of Administrative Hearings (OAH). If the department does not have knowledge that an interpreter or assistive communication device is needed for a person with a disability, the person, or that person’s representative, must notify the OAH of such need in advance of the contested case proceeding for which the interpreter or assistive communication device is requested.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 7-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8025 Appeals: Late Request for Hearing

(1) A person who files a late hearing request for hearing shall set forth the reasons for filing a late request for hearing in a written statement to the department. The Office of Administrative Hearings (OAH) shall consider the statement in determining whether good cause exists for late filing, and whether the request was filed within seven calendar days after the circumstances that prevented a timely filing ceased to exist.

(2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the department or Office of Administrative Hearings (OAH) mailed it to an incorrect address despite having the correct address; or

(B) Incapacity.

(b) Good cause does not include:

(A) Failure to receive a document due to not notifying the department or OAH of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal; or

(B) Not understanding the implications of a decision or notice when it is received.

(3) Notwithstanding section (2) of this rule, good cause for failing to file a timely request for hearing shall exist when a party provides satisfactory evidence that the department failed to follow its own policies with respect to providing service to:

(a) A non-English-speaking person, including the failure to communicate orally or in writing in a language that could be understood by the non-English-speaking person upon gaining knowledge that the person needed or was entitled to such assistance; or

(b) An individual with a disability who cannot readily understand because of deafness or a physical hearing impairment, cannot communicate because of a physical speaking impairment, or cannot read because of a vision impairment, including the failure to communicate orally or in writing in a manner that could be understood by the individual with a disability upon gaining knowledge that the person needed or was entitled to such assistance.

(4) The administrative law judge may dismiss a request for hearing as described in OAR 471-070-8070 if the party did not sufficiently demonstrate good cause for a late hearing request.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8030 Appeals: Notice of Hearing

(1) To afford all parties a reasonable opportunity for a fair hearing, a notice of hearing that includes the time, date, and place of the hearing, a statement of the authority and jurisdiction under which the hearing is held, a statement generally identifying the issue(s) to be considered, and all other information required under ORS 183.413(2), shall be mailed at least 14 calendar days in advance of the hearing to the parties or their authorized representatives at their last known address, as shown in the department’s records, or shall be sent electronically to the parties, at the location or address shown in the department’s records, when permitted and where the party has opted for electronic notification. The parties entitled to notice may waive the requirement for at least 14 calendar days’ notice to expedite the process.

(2) The following parties shall be notified of a hearing when a request for a hearing related to benefits under the state plan established under ORS 657B.340 has been filed:

(a) The Director; and

(b) The claimant.

(3) In all other cases for which ORS chapter 657B provides for hearing, parties who shall be notified of a hearing are:

(a) The Director; and

(b) The employer or employee that has filed a request or application for hearing.

(4) To best serve the parties involved, an administrative law judge shall set the date, time, and location of the hearing.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8035 Appeals: Subpoenas

(1) Subpoenas for the attendance of witnesses or the production of books, records, documents, or other physical evidence may be issued by:

(a) The administrative law judge upon request of a party to the contested case upon showing of general relevance and reasonable scope of the evidence sought, or on the administrative law judge's own initiative;

(b) The department on its own motion; or

(2) A party that submits a request for subpoena must show:

(a) The name of the witness and the address where the witness can be served the subpoena;

(b) That the testimony of the person is material; and

(3) If the requesting party wishes the witness to produce books, records, documents, or other physical evidence, the party must also show:

(a) The name or a detailed description of the specific books, records, documents, or other physical evidence the witness should bring to the hearing;

(b) That such evidence is generally relevant and the request is reasonable in scope; and

(c) That such evidence is in the possession of the person who will not voluntarily appear and bring such evidence to the hearing.

(4) An administrative law judge may limit the number of subpoenas for witness material to the proof of any one issue at the hearing.

(5) Service of the subpoena upon the witness is the responsibility of the party requesting the subpoena.

(6) A witness who attends a hearing pursuant to subpoena issued under this rule is entitled to witness fees and mileage as provided in ORS 44.415(2) for subpoenaed witnesses.

(7) Only witnesses, who are not a party to the proceeding, who attend a hearing pursuant to subpoena issued by or on behalf of the department under this rule may be paid or reimbursed by the department for witness fees and mileage.

(8) If any person fails to comply with any subpoena so issued or any party or witness refuses to testify on any matters on which the party or witness may be lawfully interrogated, the judge of the circuit court of any county, on the application of the Administrative Law Judge, the department or the party requesting the issuance of or issuing the subpoena, shall compel obedience by proceedings for contempt as in the case of disobedience of the requirements of a subpoena issued from such court or a refusal to testify therein.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410 & 183.440
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8037 Appeals: Individually Identifiable Health Information

(1) This rule is intended to comply with federal requirements of the Health Insurance Portability and Accountability Act of 1996 (HIPAA) and the HIPAA Privacy Rules in 45 CFR Parts 160 and 164 to protect the privacy of Protected Health Information. This rule should be construed to implement and not to alter the requirements of 45 CFR § 164.512(e).

(2) For purposes of this rule, and consistent with the terms in the HIPAA Privacy Rules in 45 CFR Parts 160 and 164:

(a) An "administrative tribunal" is an administrative law judge who conducts a contested case hearing on behalf of the department.

(b) A "covered entity" includes the following entities, as further defined in the HIPAA Privacy Rules:

(A) A Health Insurer or the Medicaid program;

(B) A Health Care Clearinghouse; or

(C) A Health Care Provider that transmits any Individually Identifiable Health Information using Electronic Transactions covered by HIPAA.

(A) Except as provided in paragraphs (B) of this subsection, that is:

(i) Transmitted by electronic media;

(ii) Maintained in electronic media; or

(iii) Transmitted or maintained in any other form or medium.

(B) Protected health information excludes individually identifiable health information:

(i) In education records covered by the Family Educational Rights and Privacy Act, as amended, 20 U.S.C. 1232g;

(ii) In records described at 20 U.S.C. 1232g(a)(4)(B)(iv);

(iii) In employment records held by a covered entity in its role as employer; and

(iv) Regarding a person who has been deceased for more than 50 years.

(d) A “qualified protective order (QPO)” is an order of the administrative tribunal that:

(A) Prohibits the use or disclosure of protected health information by the administrative law judge, the department or a party for any purpose other than the contested case proceeding or judicial review of the contested case proceeding;

(B) Requires that all copies of the protected health information be returned to the covered entity or destroyed at the conclusion of the contested case proceeding, or judicial review of the contested case proceeding, whichever is later; and

(C) Includes such additional terms and conditions as may be appropriate to comply with federal or state confidentiality requirements that apply to the protected health information.

(3) An administrative tribunal may issue a QPO at the request of a party, a covered entity, an individual, or the department.

(a) A request for a QPO may be accompanied by a copy of a subpoena, discovery request, or other lawful process that requests protected health information from a covered entity.

(b) If the individual has signed an authorization permitting disclosure of the protected health information for purposes of the contested case proceeding, the administrative tribunal need not issue a QPO.

(4) The provisions of this rule do not supersede any other applicable provisions of the HIPAA Privacy Rules that otherwise permit or restrict uses or disclosure of protected health information without the use of a QPO.

History

Statutory/Other Authority: ORS 657B.340 & 183.341
Statutes/Other Implemented: ORS 657B.410 & 183.341
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8040 Appeals: Postponement of Hearing

(1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be postponed.

(2) A postponement may be granted by Office of Administrative Hearings staff at the request of a party if:

(a) The request is promptly made after the party becomes aware of the need for postponement; and

(b) The party has good cause, as stated in the request, for not attending the hearing at the time and date set.

(3) For the purpose of subsection (2)(b) of this rule, good cause exists when:

(a) The circumstances causing the request are beyond the reasonable control of the requesting party; and

(b) Failure to grant the postponement would result in undue hardship to the requesting party.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8045 Appeals: Telephone and Video Conference Hearings

(1) Unless precluded by law, the Office of Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion of a hearing by telephone or video conference. Nothing in this rule precludes the OAH from allowing some parties or witnesses to attend by telephone or video conference while others attend in person.

(2) The OAH may direct that a hearing be held by telephone or video conference upon request or on its own motion.

(3) The OAH shall make an audio, video or stenographic record of any telephone or video conference hearing.

(4) At least seven calendar days prior to commencement of an evidentiary hearing that is held by telephone or video conference, each party shall provide to all other parties and to the OAH copies of documentary evidence that it will seek to introduce into the record. The department shall provide to all parties and to the OAH copies of all documents and records in the possession of the department that will be introduced at the hearing as exhibits, including any statements of the claimant, employee, employer or employer’s agent(s), and all jurisdictional documents.

(5) Nothing in this rule precludes any party from seeking to introduce documentary evidence in addition to evidence described in section (4) of this rule, during the hearing and the administrative law judge shall receive such evidence, subject to the applicable rules of evidence, if inclusion of the evidence in the record is necessary to conduct a full and fair hearing. If any evidence introduced during the hearing has not previously been provided to the OAH and to the other parties, the hearing may be continued upon the request of any party for sufficient time to allow the party to obtain and review the evidence.

(6) As used in this rule, “telephone” means any two-way electronic communication device.

(7) As used in this rule, “video conference” means a virtual, online meeting over the internet that simulates a face-to-face meeting.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8050 Appeals: The Hearing

(1) The purpose of the hearing is to inquire fully into the matters at issue and to make a decision on the basis of the evidence shown at the hearing.

(2) No administrative law judge shall conduct a hearing if the administrative law judge has any private interest in the outcome of the hearing or holds any bias or prejudice which would impair a fair and impartial hearing. All testimony at any hearing before an administrative law judge shall be under oath or affirmation.

(3) The Office of Administrative Hearings shall make an audio, video or stenographic record of the hearing.

(4) The administrative law judge shall conduct and control the hearing. The administrative law judge shall determine the order of the presentation of evidence, administer oaths, examine any witnesses, and may, either on the administrative law judge’s own motion or a party’s or the department’s request, exclude witnesses from the hearing room. Participants, or their authorized representatives, shall have the right to call and examine witnesses. For purposes of this rule, “participant” includes any party and the department.

(5) Hearings are not open to the public and are closed to non-participants in the hearing. The administrative law judge may exclude witnesses from the hearing, except for a party, a party’s authorized representative, expert witnesses, the agency representative, one agency officer or employee, and any persons authorized below to attend.

(a) An officer or employee of the department may represent the department in a hearing requested under OAR 471-070-8005, in accordance with ORS 657B.410 and OAR 471-070-8000.

(b) In accordance with ORS 657B.410, a party may appear on their own behalf or may be represented by legal counsel or by any other representative that the person authorizes to represent the person, including a claimant designated representative as described under OAR 471-070-1250. The administrative law judge may require representatives other than legal counsel, when appearing without the person, to provide written authorization to appear for such person. When a person makes a general appearance at a hearing, defects in notice are waived.

(c) A representative authorized to represent a participant in a contested case is expected to follow the following code of conduct:

(A) The representative is expected to act professionally, with integrity, and in an ethical manner, in accordance with the statute and rules of the department. The representative is expected to treat all persons in a proceeding and administrative law judges and their staff courteously and fairly. The representative may not offer compensation or anything of value to the administrative law judge or agency decisionmaker in an attempt to influence the decision in a case. These standards of conduct apply at every stage of a contested case.

(B) The representative may not suppress any evidence that the representative has a legal obligation to reveal or produce. The representative may present evidence; question witnesses, address legal issues to the extent permitted by law, and perform other functions that foster development of a full and fair record in the proceeding so that the agency can take the correct action.

(C) The representative must observe the limits placed by statutes and rules on his or her authority and conduct. If the representative is not an attorney authorized to practice in Oregon, they may not give legal advice to a party or other person in the proceeding. The representative must communicate proposed offers of settlement to the person.

(D) The representative should be competent to represent the person in the proceeding, and knowledgeable of the facts of the case and statutes and rules that apply to the case. The representative should know the agency rules of procedure applicable to the case. The representative should be adequately prepared for the hearing and attend to matters in a timely manner, including submission of evidence and providing discovery to other participants.

(E) The representative may not communicate directly on the subject of the representation with a person that the representative knows to be represented by a lawyer on that subject unless the representative has the prior consent of the lawyer or is authorized by law to do so. A representative who is not an attorney must not give legal advice to a person who is not represented, other than the advice to secure representation. The representative may not discourage a person from seeking legal advice or representation, or from exercising the right to a hearing. The representative communicating with another participant or representative in the hearing must disclose who the representative is representing.

(F) If a representative communicates in writing with an administrative law judge before whom a contested case proceeding is pending about the proceeding, the representative must immediately send a copy of the written communication to all participants in the proceeding or their representatives. A representative must give advance notice to all participants or their representatives of any oral communications with an administrative law judge regarding a contested case proceeding. The other participants in the proceeding must be given the opportunity to participate in the communication. This does not include requests for hearing postponements.

(d) Notwithstanding any other law, legal counsel shall not charge or receive more than a reasonable fee for legal services they provide for a party in the proceeding as described in Oregon Professional Rules of Conduct 1.5.

(e) Authorized representatives, who are not legal counsel shall not charge or receive an amount in excess of $150 per hour, not exceeding $1500 in total, for the services they provide for a party in the proceeding.

(f) When a party is not represented at the hearing by an attorney, paralegal worker, legal assistant, union representative, or person otherwise qualified by experience or training, the administrative law judge shall explain the issues involved in the hearing and the matters that the unrepresented party must either prove or disprove. The administrative law judge shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the administrative law judge in the hearing.

(6) Irrelevant, immaterial, or unduly repetitious evidence shall be excluded but erroneous rulings on evidence shall not preclude the administrative law judge from entering a decision unless shown to have substantially prejudiced the rights of a party. All other evidence of a type commonly relied upon by reasonably prudent persons in conduct of serious affairs shall be admissible. If a question of privilege arises, the administrative law judge shall fully and clearly inform the party of any rights as to such privilege and deal with procedural problems created by the existence of such issue in a way which protects the party’s person’s right to a fair hearing. Objections to evidentiary offers may be made and shall be noted in the record. Any part of the evidence may be received in written form. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference.

(7) All evidence shall be offered and made a part of the record in the case and, except for matters stipulated to and for notice taken, no other factual information or evidence shall be considered by the administrative law judge in making the decision. The experience, technical competence, and specialized knowledge of the administrative law judge may be utilized in the evaluation of the evidence presented. The administrative law judge may receive evidence deemed relevant and essential by the administrative law judge to a fair disposition of the issues.

(8) The administrative law judge may take official notice of judicially cognizable facts. The administrative law judge may take notice of general, technical, or scientific facts within the administrative law judge’s specialized knowledge and may take notice of documents, records, and forms retained within the department’s files. The administrative law judge shall notify the participants of any official notice taken during the hearing or in the decision prior to such decision becoming final. Participants shall be afforded an opportunity to contest the material so noticed during the hearing or prior to the administrative law judge’s decision becoming final.

(9) The administrative law judge shall render a decision on the issue and law involved as stated in the notice of hearing. The administrative law judge’s jurisdiction and authority is confined solely to the issue(s) arising under the Paid Leave Oregon laws in ORS chapter 657B.

History

Statutory/Other Authority: ORS 657B.340, ORS 657B.410 & 183.630
Statutes/Other Implemented: ORS 657B.410
ED 75-2025, amend filed 12/29/2025, effective 01/01/2026
ED 74-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026
ED 6-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8055 Appeals: Continuance of Hearing

(1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be continued.

(2) An administrative law judge may grant a continuance at the request of a party if:

(a) The request is made prior to the issuance of the administrative law judge’s decision; and

(b) The party has good cause, as stated in the request, for continuing the hearing.

(3) For the purpose of subsection (2)(b) of this rule, good cause exists when:

(a) The circumstances causing the request are beyond the reasonable control of the requesting party; and

(b) Failure to grant the continuance would result in undue hardship to the requesting party.

(4) An administrative law judge other than the one who presided at the first hearing may conduct a continued hearing.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8060 Appeals: Office of Administrative Hearings Transmittal of Questions

(1) Questions from the administrative law judge regarding the following issues related to the Paid Leave Oregon program may be transmitted to the department:

(a) The department's interpretation of its rules and applicable statutes; or

(b) Which rules or statutes apply to a proceeding.

(2) At the request of a party, the department, or their representatives, or on the administrative law judge's own motion, the administrative law judge may transmit a question to the department.

(3) The administrative law judge shall submit any transmitted question in writing to the department. The submission shall include a summary of the matter in which the question arises and shall be served on the department representative and parties in the manner required by OAR 471-070-8030.

(4) The department may request additional submissions by a party or the administrative law judge in order to respond to the transmitted question.

(5) Unless prohibited by statute or administrative rules governing the timing of hearings, the administrative law judge may stay the proceeding and shall not issue the proposed order or the final order, if the administrative law judge has authority to issue the final order, until the department responds to the transmitted question.

(6) The department shall respond in writing to the transmitted question within a reasonable time. The department’s response must be delivered by a person with authority to speak on the question transmitted.

(7) The department’s response shall be made a part of the record of the hearing. The department may decline to answer the transmitted question. The department shall provide its response to the administrative law judge and to each party. The parties may reply to the department's response within a reasonable time.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 5-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8065 Appeals: Administrative Law Judge’s Decision

(1) After the administrative law judge has given all parties reasonable opportunity for a fair hearing, the administrative law judge shall promptly affirm, modify, or set aside the decision of the department. The administrative law judge shall promptly prepare and serve a written decision to all parties entitled to notice of the administrative law judge’s decision, including any dismissal of the request for hearing as provided in OAR 471-070-8070, and the reasons for the decision. In the case of an assessment, the administrative law judge may increase or decrease the amount of the assessment.

(3) The administrative law judge may address issues raised by evidence in the record, including but not limited to the claims filed subsequent to issuance of a decision to allow or deny a benefit claim or employer’s application for approval of an equivalent plan under ORS 657B.210, notwithstanding the scope of the issues raised by the parties or the arguments in a party’s request for hearing.

(4) The administrative law judge’s decision shall be in an approved form and shall contain:

(a) A caption clearly identifying the parties;

(b) A statement of jurisdiction;

(d) Evidentiary rulings to include or exclude evidence;

(e) Findings of fact;

(f) Conclusions based upon the findings of fact; or a statement adopting conclusions set forth in the appealed administrative decision; and

(g) A decision setting forth the action to be taken.

(5) Copies of the administrative law judge’s decision shall be sent to the parties, or their authorized representatives, at their last known address or electronically when permitted and the parties have opted for electronic notification, as shown on record.

(6) A decision of the administrative law judge becomes final 60 calendar days after the date of electronic notification or the mailing of the decision to the parties, or their authorized representatives, at the last-known address of record with the Director unless:

(a) The administrative law judge on the administrative law judge’s own motion, reviews the decision and issues an amended decision in which case the amended decision becomes the new decision and becomes final 60 calendar days after; or

(b) A petition is filed in the Court of Appeals in accordance with ORS 183.482.

(7) An administrative law judge may issue an amended decision prior to the previous decision becoming final. The amended decision shall be served as required by these rules and shall be subject to review.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8070 Appeals: Dismissal of Requests for Hearing

(1) An administrative law judge may dismiss a request for hearing upon request of the party to withdraw the request for hearing.

(2) An administrative law judge may order that a request for hearing be dismissed upon request of the Director or the authorized representative of the Director after the Director has:

(a) Issued a new or amended determination or decision granting the relief or resolution sought by the party who requested the hearing; or

(b) Withdrawn or cancelled the determination or decision upon which the request for hearing was based.

(3) On the administrative law judge’s own initiative, an administrative law judge may order that a request for hearing be dismissed if:

(a) The party fails to file the request for hearing within the time allowed by statute or rule without a sufficient showing of good cause, as required for a late request for hearing in OAR 471-070-8025(3);

(b) The party fails to provide information requested by the administrative law judge or their designee;

(d) The request for hearing was filed prior to the date of the decision or determination that is the subject of the request;

(e) The request for hearing is made by a person not entitled to a hearing on the merits, is made by a person who is not authorized to represent the party, or is made regarding a determination or decision for which there is no lawful authority to request a hearing.

(4) A dismissal by the administrative law judge is final unless the party whose request for hearing has been dismissed files a request under OAR 471-070-8075 to reopen the hearing, within 20 calendar days after the dismissal notice was sent electronically or mailed to the party’s last-known address.

(5) The Director of the Employment Department may dismiss a request for hearing if the conditions described in sections (1), (2), (3)(d) or (3)(e) of this rule exist.

(6)(a) A dismissal by the Director under section (5) of this rule is final unless the party whose request for hearing has been dismissed, files a request for hearing regarding the dismissal, within 20 calendar days after the dismissal notice was sent electronically or mailed to the party’s last-known address.

(b) If the party files a timely request under subsection (6)(a) of this rule, the hearing regarding the dismissal shall be assigned to an administrative law judge from the Office of Administrative Hearings under OAR 471-070-8010.

(c) The administrative law judge assigned under subsection (6)(b) of this rule shall determine whether the dismissal was appropriately entered. If the dismissal was not appropriately entered, the administrative law judge shall decide the underlying issue upon which the hearing was requested.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410 & Chapter 292, Oregon Laws 2023
ED 1-2024, amend filed 01/04/2024, effective 01/12/2024
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8075 Appeals: Reopening of a Hearing

(1) After issuance of an administrative law judge’s written decision as set forth in OAR 471-070-8065, any party may file a request to reopen the hearing. An administrative law judge may reopen the hearing if the party:

(a) Requesting the reopening failed to appear at the hearing;

(b) Files in writing, within 20 calendar days of the date of mailing or electronic notification of the hearing decision, a request with Office of Administrative Hearings (OAH) and simultaneously provide a copy of the request to the department to reopen; and

(2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the department or OAH mailed it to an incorrect address despite having the correct address;

(B) For telephone or video conference hearings, unanticipated, and not reasonably foreseeable, loss of telephone or video conference service; or

(b) Good cause does not include:

(B) Not understanding the implications of a decision or notice when it is received.

(3) The party requesting reopening shall set forth the reason(s) for missing the hearing in a written statement which the OAH shall consider in determining whether good cause exists for failing to appear at the hearing.

(4) The administrative law judge’s ruling on a request to reopen the hearing shall be in writing and mailed to the parties.

(5) The date that a request to reopen is considered filed shall be determined under OAR 471-070-8005.

(6) Nothing in section (3) of this rule prevents the OAH from scheduling a hearing if, in the sole judgment of the OAH, testimony is required.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8080 Appeals: Late Request to Reopen Hearing

(1) The period within which a party may request reopening of a hearing may be extended if the party requesting reopening:

(a) Has good cause for failing to request reopening within the time allowed; and

(b) Acts within a reasonable time.

(2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control.

(a) Good cause includes but is not limited to:

(A) Failure to receive a document because the department or Office of Administrative Hearings (OAH) mailed it to an incorrect address despite having the correct address;

(B) For telephone or video conference hearings, unanticipated, and not reasonably foreseeable, loss of telephone or video conference service; or

(b) Good cause does not include:

(B) Not understanding the implications of a decision or notice when it is received.

(3) The party requesting reopening shall set forth the reason(s) for filing a late request to reopen in a written statement, which the OAH shall consider in determining whether good cause exists for the late filing, and whether the party acted within seven calendar days after the circumstances that prevented a timely filing ceased to exist.

(4) The date that a late request to reopen is considered filed shall be determined under OAR 471-070-8005.

(5) Nothing in section (3) of this rule prevents the OAH from scheduling a hearing if, in the sole judgment of the OAH, testimony is required.

(6) The administrative law judge’s decision on a late request to reopen shall be in writing and mailed to the parties.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.410
ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022

Or. Admin. R. 471-070-8520 One-Percent Penalty

(1) If an employer has failed to file or complete all required reports or pay all required contributions for the calendar year as described in 471-070-3030, the department shall assess the penalty authorized by ORS 657B.910 on the Paid Leave Oregon subject wages. The department shall send notice of the assessment of such penalty to the employer's last known address or electronically when permitted, if the employer has opted for electronic notification, as shown in the department’s records on or before October 20 of the year. The penalty shall become due on November 10 immediately following the assessment.

(2) On or after the date of the assessment, but prior to November 10 immediately following the assessment, the employer may request waiver of the penalty based on good cause as defined in OAR 471-070-8530.

(3) If an employer makes a request for waiver of the penalty within the time prescribed in section (2) of this rule, the department shall make a decision, either granting or denying the waiver, and mail notice of the decision to the employer's last known address or electronically when permitted, if the employer has opted for electronic notification, as shown in the department’s records. If, prior to November 10 immediately following the assessment, the department determines that the employer had good cause for the failure to file all reports or pay all contributions due by September 1, the department shall grant the request for waiver and remove the penalty from the employer's account. If the employer fails to establish good cause prior to November 10 immediately following the assessment, the department shall deny the request for waiver. If the request for waiver is denied, the department shall notify the employer that a request for a contested case hearing may be filed within 20 calendar days after the date that the penalty waiver decision is sent to the employer.

(4) Hearings held and administrative law judge decisions issued pursuant to section (3) of this rule shall be in accordance with the provisions in the Oregon Administrative Rules (OAR) located in chapter 471, division 70.

(5) Judicial review of administrative law judge decisions issued pursuant to this rule shall be as provided for review of orders in contested cases under ORS chapter 183 and under any applicable appeals provisions in the Oregon Administrative Rules (OAR) located in chapter 471, division 70. The director is designated as a party for the purposes of hearings under this rule.

(6) Upon motion of the director or upon application of an interested employer, the director may reconsider a penalty imposed under ORS 657B.910 irrespective of whether it has become final:

(b) A new decision issued after reconsideration shall be subject to hearing and judicial review in accordance with this rule.

(7) A request for waiver of the penalty for good cause must be in writing. The date of any request for waiver under this rule shall be:

(a) The postmarked date on the request, if mailed;

(b) The date specified in OAR 471-070-0850, if electronically filed; or

(c) In the absence of a postmark, submittal date or machine imprinted date, the most probable date of mailing as determined by the director.

(8) The employees listed in OAR 471-070-0550 may act on behalf of the director for the purposes of sections (1), (2) and (3) of this rule.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.910
ED 4-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 5-2024, amend filed 07/30/2024, effective 08/01/2024
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-8530 Good Cause for Failure to File Reports or Pay Contributions

(1) As used in ORS 657B.910 and 657B.920 and OAR 471-070-8520, good cause for failure to file all required reports or to pay all contributions due will be found when the employer establishes, by satisfactory evidence, that factors or circumstances beyond the employer’s reasonable control caused the delay in filing the required report or paying the contribution due.

(2) In determining good cause under section (1) of this rule, the director may consider all circumstances, but shall require at a minimum, that the employer:

(a) Prior to the date the report or contributions were due, gave notice to the department, when reasonably possible, of the factors or circumstances which ultimately caused the delay;

(b) Filed the required report or paid the contributions due no later than seven calendar days after the date determined by the director to be the date the factors or circumstances causing the delay ceased to exist;

(d) Provided an official police report, or other documentation acceptable to the director or an authorized representative, that was made within 20 calendar days of a criminal act, or discovery of the act, if the delay was due to a criminal act by any party; and

(e) Provided copies of timely filed reports and proof of all related payments to another jurisdiction, if the delay was due to making contributions to the incorrect jurisdiction. Good cause will be considered if, within 30 calendar days of the date the department or employer determines the contributions are due to the Paid Leave Oregon Trust Fund instead of another jurisdiction, the employer filed the required report and paid the contributions due.

(3) In applying sections (1) and (2) of this rule, a lack of funds on the part of the employer shall not constitute good cause.

(4) In applying sections (1) and (2) of this rule, failure to notify the department of an updated mailing address shall not constitute good cause.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.910 & ORS 657B.920
ED 3-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022

Or. Admin. R. 471-070-8540 Penalty Amount When Employer Fails to File Report

(1) If an employer fails to file all required reports within the time period described in ORS 657B.920(2), the department may assess a late filing penalty in addition to any other amounts due.

(2) The penalty shall be 0.02 percent of the employer’s employees total Paid Leave Oregon subject wages for the late report rounded to the nearest $100. If the penalty is calculated to be less than $100, the amount will be the minimum of $100.

(3) The penalty assessment becomes final 20 calendar days from the date on which the department assessed the late filing penalty, unless the employer files a timely request for hearing as described in OAR 471-070-8005.

History

Statutory/Other Authority: ORS 657B.340
Statutes/Other Implemented: ORS 657B.920
ED 2-2025, minor correction filed 03/28/2025, effective 03/28/2025
ED 4-2023, amend filed 07/31/2023, effective 08/01/2023
ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022