justicedao/ipfs_state_laws huggingface dataset:
471-010-0005 Director As used in these rules and unless the context requires otherwise, the title “Administrator” or “Assistant Director” means the Director of the Employment Department of the State of Oregon. Where appropriate, “Administrator” or “Director” shall also mean any duly authorized representative of the Director. Statutory/Other Authority: ORS 657.176, 657.260, 657.265 & 657.610 Statutes/Other Implemented: ORS 657.010(5) History: ED 4-1993, f. & cert. ef. 11-22-93 1DE 151, f. 9-28-77, ef. 10-4-77
471-010-0010 Rules Procedure Prior to the adoption, amendment, or repeal of any permanent rule, the Employment Department shall give notice of the proposed adoption, amendment, or repeal: (1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date. (2) By providing a copy of the notice to persons on the Employment Department’s mailing list established pursuant to ORS 183.335(7) at least twenty-eight (28) days prior to the effective date. (3) By providing a copy of the notice to the legislators specified in ORS 183.335(15) of this section at least 49 days before the effective date. (4) By providing a copy of the notice to news agencies, to a newspaper of statewide circulation, and other members of the media who have requested notification. Statutory/Other Authority: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & Ch. 729 & OL 1993 Statutes/Other Implemented: ORS 183.335 & 183.360 History: ED 57-2018, amend filed 07/05/2018, effective 07/09/2018 ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 4-1994, f. & cert. ef. 9-2-94 1DE 1-1984, f. & ef. 3-21-84 1DE 149, f. & ef. 12-29-75
471-010-0015 Effective Date of Administrative Rule Adoptions (1) Unless otherwise provided in this Chapter, the rules in effect at the time an individual files a claim for benefits shall be applied to issues associated with that claim for benefits. (2) For purposes of this rule, a “claim for benefits” includes an initial, additional or continued claim. Statutory/Other Authority: ORS 657.167, 657.260, 657.265 & 657.610 Statutes/Other Implemented: ORS 657.610 & 657 History: ED 4-1993, f. & cert. ef. 11-22-93
471-010-0020 Attorney General’s Model Rules Division 1 of the Attorney General's Model Rules of Procedure effective January 1, 2008, shall be applicable to rulemaking functions of the Employment Department. [ED. NOTE: The full text of the Attorney General’s Model Rules of Procedure is available from the office of the Attorney General or Employment Department.] Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 183.341 History: ED 6-2008, f. & cert. ef. 4-29-08 ED 4-2004, f. 7-30-04, cert. ef. 8-1-04 ED 2-1997, f. 10-24-97, cert. ef. 11-3-97 ED 1-1996, f. 4-24-96, cert. ef. 4-29-96 ED 1-1992, f. & cert. ef. 2-3-92 ED 1-1991, f. & cert. ef. 4-1-91 ED 1-1988, f. & cert. ef. 4-1-88 1DE 1-1986, f. & ef. 2-7-86 1DE 1-1984, f. & ef. 3-21-84 1DE 9-1981, f. & ef. 12-14-81 1DE 1-1980, f. & ef. 1-11-80 1DE 1-1978, f. & ef. 3-6-78 1DE 150, f. & ef. 2-9-76
471-010-0025 Exemption from Summary Determination Pursuant to OAR 137-003-0580 (4), the Oregon Employment Department is exempt from Motion for Summary Determination process under the Administrative Procedures Act. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 History: ED 12-2008, f. 11-24-08, cert. ef. 12-1-08
471-010-0030 Repealing Existing Rules All existing Employment Department rules, save and except OAR 471-010-0010 adopted December 29, 1975, heretofore adopted are repealed. Such repeal, however, does not affect nor impair any act done, right acquired, or duty imposed prior to the effective date of these rules. Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.610 History: 1DE 150, f. & ef. 2-9-76
471-010-0040 Filing Timely Notices (1) Except as specifically provided or prohibited in OAR 471-040-0005 and in this rule, when an individual or employing unit is required by ORS Chapter 657, or the rules adopted pursuant thereto, to file a notice, request, appeal, application, payment, report, tax election, claim, or any other document within a specified time, such individual or employing unit may file such document by personal delivery or by mail to any office of the Employment Department in Oregon or similar employment office in any other state. Except for payments and tax reports, all notices, requests, appeals, applications, tax elections, or any other document may be filed by fax. (2) When the document is filed by mail, the date of filing shall be the postmarked date affixed by the U.S. Postal Service, or in the absence of a postmarked date, the most probable date of mailing as determined by the Director, unless otherwise provided in ORS Chapter 657 or OAR chapter 471. (3) When the document is filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, improbable or challenged, in which case the fax receipt date, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the most probable date of faxing as determined by the Employment Department, shall be the date of filing. (4) When the document is filed by any other means, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the employee of the Employment Department, Office of Administrative Hearings or Employment Appeals Board who receives the document. (5) When an individual or employing unit is entitled to notice of an action or decision by the director or authorized representative, the notice may be delivered in person or by first class mail. Unless otherwise provided in ORS Chapter 657 or OAR chapter 471, if the notice is mailed, the notice is considered served on the date it is deposited with the U.S. Postal Service, addressed to such individual or employing unit at the last address known to the Director. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657 History: ED 8-2005, f. 12-23-05, cert. ef. 12-25-05 ED 6-2005(Temp), f. 9-16-05, cert. ef. 9-18-05 thru 2-14-06 ED 1-2003, f. 2-7-03 cert. ef. 2-9-03 ED 7-1996, f. 11-20-96, cert. ef. 12-2-96 ED 2-1996(Temp), f. & cert. ef. 6-26-96 ED 1-1991, f. & cert. ef. 4-1-91 1DE 2-1978, f. & ef. 7-21-78
471-010-0045 Witness Qualification For the purposes of ORS Chapter 657 any witness appearing for the Employment Department, who is an employee of the department: (1) Is considered to be a duly authorized agent of the director; and (2) Is considered, by virtue of their employment, to be qualified to testify in an administrative hearing as to the actions taken by the department that resulted in the proceeding in which they are testifying. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 History: ED 13-2008, f. 11-24-08, cert. ef. 12-1-08
471-010-0060 Customer Information and Disclosure: Reimbursable Expenses The current Oregon Administrative Rules adopted by the Department of Administrative Services of the State of Oregon with respect to official travel and other reimbursable expenses and filed with the Secretary of State are adopted as the rules and regulations applicable to the Employment Department, except that in all cases in which there may be a conflict between these rules and the current rules and regulations promulgated by the United States Secretary of Labor as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) governing official travel and reimbursable expenses, the rules and regulations as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) shall prevail. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657 History: ED 1-1996, f. 4-24-96, cert. ef. 4-29-96 1DE 150, f. & ef. 2-9-76
471-010-0085 Customer Information and Disclosure: Responsibility of Employment Department Staff (1) Department staff must safeguard the confidentiality of information collected or obtained and disclose only information about the customer that is authorized by law or that is necessary to administer ORS Chapter 657 and Chapter 657A. (2) Department staff and any other entities or individuals with access to Employment Department information are authorized to access confidential information only on a "need to know" basis, as needed to perform official duties. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-010-0090 Customer Information and Disclosure: Disclosure Charges The department may charge a reasonable fee to reimburse it for the cost of providing records, including the cost of preparing the information and costs associated with implementing and maintaining written disclosure agreements. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-010-0100 Customer Information and Disclosure: Information Collection (1) The department shall only collect and maintain customer information that is relevant and necessary to administer ORS Chapter 657 and Chapter 657A. (2) In addition to the mandatory disclosure of social security numbers required under OAR 471-030-0025, the department may request that customers voluntarily provide their social security number to facilitate program administration, including research and statistical data or for such other purposes as are disclosed to the customer. The department shall not refuse to provide a benefit or service to any customer that refuses a voluntary request to provide his or her social security number. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-010-0110 Customer Information and Disclosure: Unemployment Insurance Disclosures (1) The department is authorized to disclose confidential information or records necessary to prepare for a pending hearing to the extent necessary for the proper presentation of an Oregon Unemployment Insurance benefit claim at a hearing before an Administrative Law Judge, once a request for hearing has been filed. (2) The department is authorized to disclose confidential information or records necessary to prepare for a review arising under a state or federal program administered by the department to a party or agent of a party. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-010-0111 Customer Information and Disclosure: Unemployment Insurance Tax Disclosure The department may disclose confidential Tax information pertaining to an employing unit to employees of the employing unit or agents thereof if both of the following conditions are met: (1) The employing unit provides informed consent authorizing the disclosure, or the employee or agent provides the department with reasonable assurance that they are acting with the informed consent of the employing unit, and. (2) The identity of the person receiving the information has been established with reasonable assurance. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 5-2010, f. & cert. ef. 12-13-10
471-010-0115 Customer Information and Disclosure: Business and Employment Services Disclosures (1) The Department is authorized to disclose confidential customer information or records to one-stop delivery system partners if: (a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the customer information; (b) The request is based on the one-stop delivery system partner’s "need to know" to perform official duties of their program; (c) The customer whose information or records are being disclosed has provided informed consent authorizing that the information may be shared or disclosed; and (d) Notice is provided that a consent, or authorization, is on file or secured electronically within the workforce system. (2) The department is authorized to share business information with one-stop delivery system partners if: (a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the employer information; (b) The request is based on the one-stop delivery system partner's "need to know" to perform official duties of their program; (c) The information does not include employer wage records or employer tax data; and (d) The information is necessary for providing services to businesses. The information to be shared may include details such as who to contact, planned contact schedules, employer training needs, and results of contacts and telephone calls for coordinated service delivery to the business community. (3) The department is authorized to disclose job listing information to customers, under the following circumstances: (a) For "self-refer" job listings, the job will be listed with all needed information displayed directly for all interested job seekers, who may then contact the employer directly; or (b) For "suppressed" job listings, the needed information is only provided to job seekers who are determined to be qualified for the job listing, and who are then given contact information by the Employment Department, authorized Hosted Workers, or one-stop delivery system partners with approved access to the information. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-010-0125 Customer Information and Disclosure: Audit Authority and Written Agreements With Entities Having Access to Employment Department Information (1) All written agreements with entities other than the Internal Revenue Service and "Hosted Workers" that have access to Employment Department information shall stipulate that, no less than once a year, the entity shall conduct an audit of the processes by which the entity implements the agreement(s). The audits shall include, but are not limited to: (a) How access to Employment Department information is granted; (b) How access to Employment Department information is controlled; (c) Why access to Employment Department information is granted, based on OAR 471-010-0105 & ORS 657.665; (d) Who is authorized to grant & revoke access to Employment Department information; (e) What specific programs within the entity need access to Employment Department information; (f) Which specific positions within the programs referenced in OAR 471-010-0125(1)(e) need access to Employment Department information; (g) What specific information within the Employment Department information is needed; (h) Whether access to Employment Department information is granted to contractors, who the contractor is, and why the contractor is being given access; and (i) What "informed consent" if any, the entity uses when gathering information from its customers. (2) These audits shall subsequently be submitted to the Employment Department, who shall have final authority to decide compliance with the procedures in OAR 471-010-0125(1). Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.665 History: ED 1-2019, amend filed 05/03/2019, effective 05/03/2019 ED 7-2008, f. 5-20-08, cert. ef. 7-1-08 ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08
471-012-0005 Interagency Shared Information System Purpose The Interagency Shared Information System was established for the purpose of collecting, analyzing and sharing statistical and demographic data to facilitate strategies for improving the education, training and employment programs related to enhancing Oregon’s workforce system. The Interagency Shared Information System shares aggregate information with participants to allow each participant to develop and evaluate policy and measure performance. The information in the Interagency Shared Information System is exclusively for program and workforce system analysis purposes. The information in the Interagency Shared Information System is not a public record for purposes of ORS 192.410 to 192.505. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & OL 2001 Ch. 524 (SB 400) History: ED 14-2001, f. 12-19-01, cert. ef. 12-23-01 ED 6-2000, f. 12-1-00, cert. ef. 12-3-00
471-012-0010 Definitions (1) "Participant" means a participating state agency, as listed in ORS 657.732; and other state agencies, governmental entities or private organizations that have applied to be a participating state agency or organization and have been approved to participate in and provide information to the Interagency Shared Information System. (2) "System administrator" means the Employment Department Director or staff designated by the Employment Department Director to administer the Interagency Shared Information System. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.732 History: ED 13-2003, f. 12-12-03, cert ef. 12-14-03 ED 14-2001, f. 12-19-01, cert. ef. 12-23-01 ED 6-2000, f. 12-1-00, cert. ef. 12-3-00
471-012-0015 Data Collection for the Interagency Shared Information System Participants shall provide data to the Interagency Shared Information System in a format that encodes identifying data, including the client's Social Security number, using a formula unique to the participant, according to protocols established by the system administrator, and based on the objectives articulated in ORS 657.732. Each participant must also ensure that any customer whose information is being submitted has been provided with full disclosure of: (1) How the information will be used; (2) The authority which authorizes the solicitation of the information and whether disclosure of such information by the customer is mandatory or voluntary; and (3) The effects on the customer, if any, of not providing all or any part of the requested information. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.732 History: ED 13-2003, f. 12-12-03 cert ef. 12-14-03 ED 14-2001, f. 12-19-01, cert. ef. 12-23-01 ED 6-2000, f. 12-1-00, cert. ef. 12-3-00
471-012-0020 Disclosure of Interagency Shared Information System Data (1) Interagency Shared Information System data shall only be disclosed in the aggregate consisting of no fewer than six unit records. All disclosures must comply with applicable federal and state law, including any written agreement between the participants and the system administrator. (2) Participants may view the individual records input by the participant for their own customers, even if fewer than six unit records, provided that such viewing complies with applicable federal and state law. (3) For purposes of ORS 192.410 to 192.505, the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the participant that submits or receives the information. All requests for reports from the system will be referred to the participant that is the custodian of the records for the purposes of 192.410 to 192.505. If the participating state agency or organization receiving the information is not a public body, as defined in 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of 192.410 to 192.505. (4) Requests for Interagency Shared Information System data, including reports that are not agency specific, will be reviewed by the system administrator who will accept or reject the requests based on the objectives articulated in ORS 657.732. (5) All participating agencies 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 provisions established by agreement with Interagency Shared Information System participants. Any individual who, without proper authority, discloses confidential information under ORS 657.732 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 & 657.732 History: ED 13-2003, f. 12-12-03 cert ef. 12-14-03 ED 14-2001, f. 12-19-01, cert. ef. 12-23-01 ED 6-2000, f. 12-1-00, cert. ef. 12-3-00
471-015-0005 Performance Reporting Information System Purpose The Performance Reporting Information System was established exclusively for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of the workforce system performance measures. The Performance Reporting Information System is intended to share the data, by agreement, with system participants, as defined in OAR 471-015-0010. For the purposes of ORS 192.410 to 192.505, the custodian of information is the system participant that submits or receives the information. If the system participant receiving the information is not a public body, as defined in 192.410, the Employment Department shall keep a copy of the system information sent to that entity and shall be the custodian of that copy for purposes of 192.410 to 192.505. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.734 History: ED 13-2003, f. 12-12-03 cert ef. 12-14-03 ED 15-2001, f. 12-19-01, cert. ef. 12-23-01
471-015-0010 Definitions (1) "System participants" means: (a) Mandatory partners under the federal Workforce Investment Act of 1998 (enacted as P.L. 105-220 and codified as 29 U.S.C. 2801 et seq.) and other one-stop system partners, which may include public bodies and private organizations; and (b) Public bodies and private organizations that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Performance Reporting Information System. (2) “System administrator" means the Employment Department staff designated by the Employment Department Director to administer the Performance Reporting Information System. (3) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 (Public Law 105-220). Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.734 History: ED 13-2003, f. 12-12-03 cert ef. 12-14-03 ED 15-2001, f. 12-19-01, cert. ef. 12-23-01
471-015-0015 Data Collection for the Performance Reporting Information System System participants shall provide data to the Performance Reporting Information System in a format that encodes identifying data, including the client's Social Security number, using a formula unique to the system participant, and according to protocols established by agreement with the system administrator, based on the objectives articulated in ORS 657.734. Each system participant must also ensure that any customer whose information is being submitted has been provided with full disclosure of: (1) How the information will be used; (2) The authority which authorizes the solicitation of the information and whether disclosure of such information by the customer is mandatory or voluntary; and (3) The effects on the customer, if any, of not providing all or any part of the requested information. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.610 & 657.734 History: ED 9-2005, f. 12-29-05, cert. ef. 1-1-06 ED 13-2003, f. 12-12-03 cert ef. 12-14-03 ED 15-2001, f. 12-19-01, cert. ef. 12-23-01