justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 657.610 & 657.100(3) Statutes/Other Implemented: 657.100(3), ORS 657.221 & 657.167 History: 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
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; (c) An individual in training to become a regular 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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.186 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.184 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.471(7) History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.471(10) History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: 657.610, 657.155, 657.260 & 657.471 History: 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
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. 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) History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.200 History: 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
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). Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.176(4) History: ED 45-2018, minor correction filed 01/11/2018, effective 01/11/2018 1DE 8-1981, f. & ef. 11-2-81
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.155(1)(c) History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.176 History: 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
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. Statutory/Other Authority: ORS 657.176 & 657.610 Statutes/Other Implemented: ORS 657.176 & HB 2767 (OL 2001) History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.780 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657 History: 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
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. Statutory/Other Authority: ORS 657.610 History: 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
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. Statutory/Other Authority: ORS chapter 657, ORS 657.610 & 657.158 Statutes/Other Implemented: ORS 657.158 History: 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
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. 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 History: ED 4-2024, amend filed 06/21/2024, effective 06/23/2024 ED 1-2023, adopt filed 03/15/2023, effective 03/15/2023