justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: 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
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. Statutory/Other Authority: 657.610, ORS 183 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: 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
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; (C) The request is made prior to issuance of the EAB decision; (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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) & 657.690 History: 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
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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.275 & 657.685(6) History: 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
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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(3) & 657.685(6) History: 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
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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: 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
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, (c) A statement of appeal rights, and (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. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.275 & 657.685(6) History: 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
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. (C) EAB will make copies of any requests received available to the Oregon Employment Department by electronic means. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statutes/Other Implemented: ORS 657.685(6) History: 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
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.340 History: 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
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.340 & 657B.010 History: 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
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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 Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: 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
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023
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; (c) Deputy Division Director for Paid Leave Oregon; and (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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: 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
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 (c) Develops strategies for engaging with stakeholders. (2) Outreach and community engagement activities include, but are not limited to: (a) Public awareness campaigns; (b) Community outreach events throughout Oregon; (c) Surveys; (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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.340 History: 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
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.340 & ORS 84.052 History: ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
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. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023 History: 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
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; (c) Repayment of debts; and (d) Tax reporting. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.400 & Chapter 292, Oregon Laws 2023 History: 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