justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.734 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.156 & 657.159 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.155, 657.156 & 657.159 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.155, 657.156 & 657.159 History: ED 1-2006, f. 1-5-06, cert. ef. 1-8-06 ED 4-1999, f. 6-29-99, cert. ef. 7-4-99
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; (c) Pay at least minimum wage, unless exempted by state or federal law; and (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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.705 - 657.725 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.010(10) History: 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
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). Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.150(2) & 657.150(4) History: ED 3-2018, minor correction filed 01/11/2018, effective 01/11/2018 1DE 1-1984, f. & ef. 3-21-84
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657 History: 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
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). Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.205 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.150(3) History: ED 8-2018, minor correction filed 01/11/2018, effective 01/11/2018 1DE 151, f. 9-28-77, ef. 10-4-77
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.100 History: ED 9-2018, minor correction filed 01/11/2018, effective 01/11/2018 1DE 151, f. 9-28-77, ef. 10-4-77
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.170 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657 History: 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
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; (c) The individual’s reemployment rights (recall status) with his/her regular employer; (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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.156 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.155 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.176(2)(d), 657.176(2)(e) & 657.195(1)(b) History: 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
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; (c) Facts, reasoning and conclusions necessary for clarity and understanding; (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. 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 History: 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