justicedao/ipfs_state_laws huggingface dataset:
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.325(8) History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.325(8) History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.325 History: 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
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). Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.150(6) History: ED 22-2018, minor correction filed 01/11/2018, effective 01/11/2018 1DE 151, f. 9-28-77, ef. 10-4-77
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.266 History: 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
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. (c) A benefit check is “destroyed” if an issued check has not been cashed and has been rendered nonnegotiable. (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. (c) The agency will so advise the State Treasurer of the forged check. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.255 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.255 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.310, 657.315 & 657.320 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.176 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.290 History: 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
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). Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.660 & 657.990 History: 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
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. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.255 History: 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
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; (c) The debtor is not in bankruptcy; and (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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610, 657.155, 657.260 & SB 259 2013 History: 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
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; (c) Has earnings less than their weekly benefit amount; and (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. Statutory/Other Authority: ORS 657 & 657.610 Statutes/Other Implemented: ORS 657.255 & 657 History: 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
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; (c) Plant, factory, firm, or business closure; (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; (c) Frequency of and anticipated duration of periods of unemployment; (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; (c) Manager of Benefits. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.255 History: 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
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. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657 History: ED 7-2020, adopt filed 10/22/2020, effective 10/25/2020