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. Statutory/Other Authority: ORS 183, 657.457, 657.610 & OL 1993 & Ch. 778 Statutes/Other Implemented: ORS 657.457 History: 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