justicedao/ipfs_state_laws huggingface dataset:
471-070-3130 Contributions: Successor in Interest Unpaid Contribution Liability (1) If an employer fails to pay the Paid Leave Oregon payroll contribution due within 10 calendar days of ending operations, as described in ORS 657B.150(14)(a), any person who becomes a successor in interest to the business is liable for the full amount of the unpaid Paid Leave Oregon payroll contribution. (2) For purposes of ORS 657B.150 and this rule, an employer is a total successor in interest when all or substantially all of the components parts of the business are transferred to or otherwise acquired by the successor in interest, including the employees necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer. (3) For purposes of ORS 657B.150 and this rule, an employer is a partial successor in interest when a distinct and severable portion of the business is transferred to or otherwise acquired by the successor in interest, including the employees of that portion of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer. (4) Liability for unpaid contributions under this section shall be assessed as follows: (a) When an employer acquires the trade or business as a total successor in interest that has an unpaid contribution balance due, the successor in interest is liable for the full amount of the unpaid Paid Leave Oregon payroll contribution. (b) When an employer acquires the trade or business as a partial successor in interest that has an unpaid contribution balance due, the predecessor is liable for the total unpaid Paid Leave Oregon payroll contribution. (5) Unpaid contributions assessed to the successor in interest shall be due immediately upon assessment. Statutory/Other Authority: ORS 657B.150 Statutes/Other Implemented: ORS 657B.150 History: ED 17-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022
471-070-3150 Employer Size: Definitions (1) “Employee count” means a headcount of all of an employer’s employees, including employees in Oregon and all out-of-state employees, excluding the number of replacement employees hired to temporarily replace eligible employees during Paid Leave Oregon leave. (2) “Employer size” means an employer’s average number of employees for the preceding 12 month period and is based on the number of employees on the employer’s payroll for the pay period that includes the 12th of each month. (3) “Large employer” means an employer whose employer size is 25 or more employees. (4) “New employer” means an employer that has not previously operated or had employees in or outside of Oregon. (5) “Small employer” means an employer whose employer size is less than 25 employees. Statutory/Other Authority: ORS 657B.360 Statutes/Other Implemented: ORS 657B.360 History: ED 16-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 2-2023, amend filed 03/16/2023, effective 03/16/2023 ED 14-2022, temporary amend filed 11/22/2022, effective 11/22/2022 through 05/20/2023 ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3320 Contributions: Deposit, Bond, or Letter of Credit (1) For the purposes of ORS 657B.190, the director or an authorized representative may require a deposit, bond or an irrevocable letter of credit issued by an insured institution, as defined in ORS 706.008, when the director or an authorized representative finds it necessary for the protection of the Paid Leave Oregon Fund established under ORS 657B.430. (2) The determination that a deposit, bond or irrevocable letter of credit is necessary is in the director or an authorized representative’s sole discretion. Circumstances that will require a deposit, bond or irrevocable letter of credit include, but are not limited to, circumstances where an employer who currently employs employees subject to ORS chapter 657B: (a) Is currently delinquent in filing Paid Leave Oregon reports or payment of Paid Leave Oregon contributions; or (b) Was previously delinquent in filing Paid Leave Oregon reports or payment of Paid Leave Oregon contributions. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.190 & 657B.430 History: ED 14-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3340 Contributions: Overpayment Refunds (1) Contributions, interest, fines, or penalties received in excess of the amount legally due and payable, shall be refunded by the department without interest. (2) The department shall not refund for sums of $10 or less unless requested in writing by the person who made the payment, or their legal representative, within three years of the date that the money was paid to the department, as provided under ORS 293.445. Statutory/Other Authority: ORS 657B.340 & ORS 293.445 Statutes/Other Implemented: ORS 293.445 History: ED 12-2022, adopt filed 10/06/2022, effective 10/06/2022
471-070-3700 Assistance Grants: Definitions “Significant additional wage-related costs” means added expenses incurred by the employer due to an eligible employee's use of family leave, medical leave, or safe leave and include: (1) Paying additional wages to an existing employee; (2) Outsourcing costs; (3) Certification; (4) Equipment purchases; (5) Training costs; or (6) Other costs that the department, in its discretion, determines are appropriate. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.200 History: ED 13-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3705 Assistance Grant: Eligibility (1) An employer is eligible for an assistance grant if: (a) At the time an employee starts a period of family leave, medical leave, or safe leave approved by the department, the employer is a small employer as defined in OAR 471-070-3150; (b) The employer completes an employer assistance grant application and provides the required documentation to the department within the established timeframe as described in OAR 471-070-3710; (c) The employer commits to pay the employer contribution for a period of at least eight calendar quarters as described in OAR 471-070-3750; and (d) The employer does not have any delinquent reports, delinquent contributions, and has no unpaid penalties or interest under ORS chapter 657B. (2) An employer may apply for an assistance grant under ORS 657B.200 only if an eligible employee has taken family leave, medical leave or safe leave for a period of seven or more working days. Statutory/Other Authority: ORS 657B.340 & 657B.200 Statutes/Other Implemented: 657B.200 History: ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3730 Assistance Grants: Grant Amounts The amount paid for an approved assistance grant is as follows: (1) An employer that hired a temporary worker to replace an eligible employee on family leave, medical leave or safe leave receives a grant of $3,000. (2) An employer that incurred significant additional wage-related costs due to an eligible employee’s use of family leave, medical leave or safe leave receives a grant equal to the actual costs incurred and provided with the application approved by the department, up to $1,000. (3) An employer that received a grant in accordance with section (2) of this rule may receive the difference between the amount received in section (2) of this rule and $3,000, if the employee taking leave extended the period of leave beyond the initial expected period of the leave and the employer hires a replacement worker. Statutory/Other Authority: ORS 657B.200 & 657B.340 Statutes/Other Implemented: ORS 657B.200 History: ED 5-2024, amend filed 07/30/2024, effective 08/01/2024 ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3750 Assistance Grants: Employer Contributions (1) An employer that is approved for an assistance grant must also continue to pay employer contributions for a period of at least eight consecutive calendar quarters starting with the first calendar quarter that begins after the date the most recent grant is approved. (2) The employer is liable for payment of the employer contribution and subject to penalties and interests in accordance with OAR 471-070-3030. Statutory/Other Authority: ORS 657B.200 & ORS 657B.340 Statutes/Other Implemented: ORS 657B.200 History: ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-3790 Assistance Grants: Successor in Interest Rights and Responsibilities (1) For the purposes of ORS 657B.200 and this rule, an employer is a total successor in interest when all or substantially all of the components or parts of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer are transferred to or otherwise acquired by the successor in interest. (2) For the purposes of ORS 657B.200 and this rule, an employer is a partial successor in interest when a distinct and severable portion of the business necessary to carry on day-to-day operations and essential business functions in the same manner and for the same purposes as carried on prior to the acquisition or transfer is transferred to or otherwise acquired by the successor in interest. (3) Rights and responsibilities for assistance grants shall be assessed as follows: (a) When an employer becomes a total successor in interest by acquiring a trade or business that has obtained an assistance grant, the total successor in interest: (A) Is liable for any remaining employer contributions required under OAR 471-070-3750; and (B) Maintains the grant history of the acquired business. Any grants received or applied for before the ownership transfer occurred count toward the successor in interest’s annual limit under ORS 657B.200. (b) When an employer becomes a partial successor in interest by acquiring a trade or business that has obtained an assistance grant, the predecessor: (A) Maintains liability for any remaining employer contributions required under OAR 471-070-3750; and (B) Maintains their respective grant history of the partial acquired business. Statutory/Other Authority: ORS 657B.200 Statutes/Other Implemented: ORS 657B.200 & 657B.320 History: 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
471-070-3850 Assistance Grants: Repayment of Grants Grants shall be repaid to the department if, within three years of receiving a grant: (1) Amendments to a previous wage report resulted in a reassessment of the employer size that determines the employer was a large employer at the time the eligible employee started the period of family leave, medical leave or safe leave used for the grant application; or (2) The department determines that the information or documentation included in the grant application was inaccurate, misleading or false and the employer was ineligible for the grant or did not meet the grant application requirements. Statutory/Other Authority: ORS 657B.200 & ORS 657B.340 Statutes/Other Implemented: ORS 657B.200 History: ED 3-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-5200 Due Dates for Balances Owed to the Department (1) Unless otherwise specified in statute or administrative rule, balances owed to the department under ORS chapter 657B are considered due and payable as of the date the decision causing the balance due becomes final. (2) “Final” means a decision made under this chapter for which the timeframe to request a hearing as described in OAR 471-070-8005 has expired, unless a timely request for a hearing with the department regarding the decision has been filed in which case “final” means when the decision issued following the hearing, or any appeal of the hearing, has been issued and the time period to further appeal that decision has passed without a timely appeal being filed. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.340 History: ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-5210 Application of Payments (1) As used in this administrative rule: (a) “Designated payments” are payments received by the department specifying a specific debt, distraint warrant, or quarter(s) in the case of contributions. (b) “Legal fees” means fees attributed to the recording or processing of a distraint warrant on behalf of the department for the purpose of collecting amounts owed under ORS chapter 657B pursuant to ORS 657B.300, search fees attributed to garnishments issued to financial institutions pursuant to ORS 18.790, and fees charged by the Department of Revenue pursuant to ORS 293.250. (c) “Principal” means any balance owing under ORS chapter 657B, excluding legal fees, penalties, and interest. (d) “Undesignated payments” are payments received by the department that are not specified for a debt, distraint warrant, or quarter(s) in the case of contributions. (2) Except as otherwise provided by statute, or as directed by a court of competent jurisdiction, payments made to the department by or on behalf of an individual or employer for amounts owed under ORS chapter 657B; legal fees, and related penalties; in accordance with the provisions of ORS chapter 657B shall be identified by the department as either “Designated payments” or “Undesignated payments” and will be credited to the individual’s or employer’s account in the following order of priority: (a) Undesignated payments: (A) To the oldest unwarranted unpaid balance in the following order: (i) Penalties; (ii) Interest; and then (iii) Principal. (B) After the payment amounts under subsection (a)(A) of this section have been applied, any remaining amounts shall then be credited to the most recent unpaid warranted balance in the following order: (i) Legal Fees; (ii) Penalties; (iii) Interest; and then (iv) Principal. (b) Designated payments: (A) Legal Fees; (B) Penalties; (C) Interest; and then (D) Principal. (3) The department may identify categories of indebtedness for internal accounting procedures and may retire each category separately in the order of priority set forth in section (2) of this rule. (4) Nothing in this rule shall be construed in any way as abridging or limiting the authority or powers of the director granted under ORS chapter 657B. (5) The employees listed in OAR 471-070-0550 may act on behalf of the director for purposes of section (3) and (4) of this rule. (6) Notwithstanding any instructions to the contrary by or on behalf of the individual or employer, payments will be applied in the manner specified in this rule. (7) Credit balances will be treated as payments for the purposes of this rule. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.040, 657B.332, 657B.150, 657B.240, 657B.300, 657B.320, 657B.330, 657B.370, 657B.430, 657B.910, 657B.920 & 293.250 History: ED 12-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 4-2023, adopt filed 07/31/2023, effective 08/01/2023
471-070-5240 Compromise of Amount Due It shall be the policy of the director to compromise the amount due from an employer or former employer with a delinquent account pursuant to the provisions of ORS 657B.320(9) where it appears that such action would be in the best interests of all parties involved and the statutory criteria for a settlement have been met. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.320 History: ED 11-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 4-2022, adopt filed 01/31/2022, effective 01/31/2022
471-070-8000 Appeals: Department Representation in Hearing In accordance with ORS 657B.410, an officer or employee of the Oregon Employment Department is authorized to appear on behalf of the department in the following types of hearings conducted before the Office of Administrative Hearings: (1) Administrative decisions related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS 657B.040, 657B.100, 657B.332 and 657B.335 and applicable rules. (2) Administrative decisions related to PFMLI elective coverage and contributions under ORS 657B.130 to 657B.175 or 657B.370 and applicable rules. (3) Administrative decisions related to Paid Leave Oregon penalties imposed under ORS 657B.910 or 657B.920 and applicable rules. (4) Administrative decisions related to Paid Leave Oregon employer assistance grants under ORS 657B.200 and applicable rules. (5) Administrative decisions related to PFMLI equivalent plans under ORS 657B.210 and applicable rules. Statutory/Other Authority: ORS 657B.340 & 657B.410 Statutes/Other Implemented: 657B.410 History: ED 75-2025, amend filed 12/29/2025, effective 01/01/2026 ED 74-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 ED 10-2025, minor correction filed 03/28/2025, effective 03/28/2025 ED 2-2023, adopt filed 03/16/2023, effective 03/16/2023 ED 16-2022, temporary adopt filed 12/06/2022, effective 12/06/2022 through 06/03/2023
471-070-8010 Appeals: Assignment to Office of Administrative Hearings (1) Except as outlined in OAR 471-070-8070(5), when a request for hearing has been timely filed as provided in OAR 471-070-8005 or a late request for a hearing has been filed as provided in OAR 471-070-8025, the department shall refer the request to the Office of Administrative Hearings established under ORS 183.605, for assignment to an administrative law judge. (2) The administrative law judge shall review the determination and, if requested by the employer, self-employed individual, tribal government, or claimant, shall grant a hearing unless a hearing has previously been afforded the requestor on the same grounds that are set forth in the determination. (3) The Director of the Employment Department shall notify the parties of their right, upon request, to receive copies of all documents and records in the possession of the department relevant to the administrative decision, including any statements of the claimant, employer or others. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 & Chapter 292, Oregon Laws 2023 History: ED 1-2024, amend filed 01/04/2024, effective 01/12/2024 ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8025 Appeals: Late Request for Hearing (1) A person who files a late hearing request for hearing shall set forth the reasons for filing a late request for hearing in a written statement to the department. The Office of Administrative Hearings (OAH) shall consider the statement in determining whether good cause exists for late filing, and whether the request was filed within seven calendar days after the circumstances that prevented a timely filing ceased to exist. (2) “Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an interested party’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document because the department or Office of Administrative Hearings (OAH) mailed it to an incorrect address despite having the correct address; or (B) Incapacity. (b) Good cause does not include: (A) Failure to receive a document due to not notifying the department or OAH of an updated address while the person is claiming benefits or if the person knows, or reasonably should know, of a pending appeal; or (B) Not understanding the implications of a decision or notice when it is received. (3) Notwithstanding section (2) of this rule, good cause for failing to file a timely request for hearing shall exist when a party provides satisfactory evidence that the department failed to follow its own policies with respect to providing service to: (a) A non-English-speaking person, including the failure to communicate orally or in writing in a language that could be understood by the non-English-speaking person upon gaining knowledge that the person needed or was entitled to such assistance; or (b) An individual with a disability who cannot readily understand because of deafness or a physical hearing impairment, cannot communicate because of a physical speaking impairment, or cannot read because of a vision impairment, including the failure to communicate orally or in writing in a manner that could be understood by the individual with a disability upon gaining knowledge that the person needed or was entitled to such assistance. (4) The administrative law judge may dismiss a request for hearing as described in OAR 471-070-8070 if the party did not sufficiently demonstrate good cause for a late hearing request. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 75-2025, amend filed 12/29/2025, effective 01/01/2026 ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022
471-070-8030 Appeals: Notice of Hearing (1) To afford all parties a reasonable opportunity for a fair hearing, a notice of hearing that includes the time, date, and place of the hearing, a statement of the authority and jurisdiction under which the hearing is held, a statement generally identifying the issue(s) to be considered, and all other information required under ORS 183.413(2), shall be mailed at least 14 calendar days in advance of the hearing to the parties or their authorized representatives at their last known address, as shown in the department’s records, or shall be sent electronically to the parties, at the location or address shown in the department’s records, when permitted and where the party has opted for electronic notification. The parties entitled to notice may waive the requirement for at least 14 calendar days’ notice to expedite the process. (2) The following parties shall be notified of a hearing when a request for a hearing related to benefits under the state plan established under ORS 657B.340 has been filed: (a) The Director; and (b) The claimant. (3) In all other cases for which ORS chapter 657B provides for hearing, parties who shall be notified of a hearing are: (a) The Director; and (b) The employer or employee that has filed a request or application for hearing. (4) To best serve the parties involved, an administrative law judge shall set the date, time, and location of the hearing. (5) An administrative law judge may consolidate two or more hearings whenever it appears to the administrative law judge that such procedure will not unduly complicate the issues or jeopardize the rights of any of the parties. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.410 History: ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022