justicedao/ipfs_state_laws huggingface dataset:
839-001-0550 Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund (1) When it has been determined that an employer has ceased doing business in Oregon, the Division shall approve or deny payment from the Fund within 30 days of the date the completed wage claim has been filed or the employer has ceased doing business, whichever is later. At the Division’s discretion, the 30 day time period may be extended to 45 days. (2) When the Commissioner obtains a judgment or issues a final order allowing the claimant to be paid from the Fund and the amount due is not paid upon demand by the Commissioner, the Division shall approve payment from the Fund within 30 days of the date after all appeals of the judgment or final order have been exhausted or the wage claimant has provided all necessary documents to proceed, whichever is later. At the Division's discretion, the 30 day time period may be extended to 45 days. (3) Payments from the Fund for wage claims shall be made not less than once in any month. (4) It is the responsibility of the employee to provide and keep the Division advised of the employee’s current mailing address and telephone number and the name, mailing address, and telephone number of another individual who will generally always be able to advise the Division of the employee’s whereabouts and current address and phone number. (5) The Division will mail payments from the Fund to the last known address of the employee as reflected in the Division’s records. If the mail is returned, the Division will make one attempt to locate the employee by contacting the individual reflected in the Bureau’s records as the person who will generally always know the employee’s whereabouts. (6) If the employee cannot be located within 45 days after the payment was first mailed to the employee’s last known current address as reflected in the Division’s records, the wage claim shall be disallowed as eligible for payment from the Fund and the amount of the payment shall revert and be irrevocably added back into the Fund. (7) Notwithstanding the provisions of section (5) of this rule, an employee whose claim has been disallowed because the employee could not be located within the time provided for in section (5) of this rule may refile the wage claim with the Division; provided, however, that such refiled wage claim shall be deemed and treated for all purposes as a newly filed wage claim. Statutory/Other Authority: ORS 652.414(6) Statutes/Other Implemented: ORS 652.414 & House Bill 2818, 2021 History: BLI 6-2022, minor correction filed 04/13/2022, effective 04/13/2022 BLI 1-2022, amend filed 03/21/2022, effective 04/01/2022 BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022 BL 9-1996, f. & cert. ef. 10-8-96 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0560 Recovery from Employers When Sums Paid from the Wage Security Fund (1) The Commissioner may perfect a security interest in the personal property of the employer in the amount of the sums paid from the Fund on a wage claim and in an additional amount of the penalty provided for in ORS 652.414(3). (2) The penalty provided in ORS 652.414(3) of 25 percent of the amount of wages paid from the Wage Security Fund or $200, whichever amount is greater, shall be calculated based on the amount paid to each employee from the Wage Security Fund. (3) Action to perfect a security interest shall be taken in accordance with ORS 652.414(3) and (4). Statutory/Other Authority: ORS 652.414(6) Statutes/Other Implemented: ORS 652.414 History: BLI 12-2011, f. 12-30-11, cert. ef. 1-1-12 BL 9-1996, f. & cert. ef. 10-8-96 BL 8-1989, f. & cert. ef. 10-12-89 BL 5-1986, f. 6-20-86, ef. 7-1-86
839-001-0700 Definitions for Regulations Pertaining to Moneys Collected from Employees for Group Health Insurance Coverage and Notification of Various Parties on Termination of Group Health Insurance Coverage As used in ORS 652.710 and in OAR 839-001-0700 to 839-001-0800, unless the context requires otherwise: (1) "Bureau" means the Bureau of Labor and Industries of the State of Oregon. (2) "Commissioner" means the Commissioner of the Bureau of Labor and Industries. (3) "Contract" includes a group health insurance policy. (4) "Contractor" includes any person who enters into an agreement with an employer to provide health care services to employees. "Contractor" also includes any person who enters into an agreement with an employer to provide insurance coverage pursuant to the terms of a group health insurance policy. (5) "Employ" includes to suffer or permit to work. (6) "Employee" means any individual employed by an employer. (7) "Employer" includes any person acting directly or indirectly in the interest of an employer in relation to an employee. (8) "Group health insurance policy" as used in ORS 652.710(3) has the same meaning as that defined in 743.522. (9) "Health care services" includes services that provide medical and surgical attention, hospital care, x-rays, ambulance, nursing or other related service or care for sickness or injury. Health care services also include services that are provided under the terms of a group health insurance policy. (10) "Home address" means the last known mailing address as recorded in the employer's records. (11) "Insurer" as used in ORS 652.710(3) has the same meaning as that defined in ORS 731.106 and includes a contractor as defined in section (4) of this rule. (12) "Promptly be paid" or "Promptly pay" means that trust funds are paid no later than the date agreed to by the employer and the contractor. (13) "Termination" or "Terminated", as used in ORS 652.710(3), means the cessation of coverage on the last day of the period through which coverage is paid up; provided, however, that a group health insurance policy that provides for a grace period for paying premium on the policy terminates on the final day of the grace period. Termination of coverage under a group health insurance policy also includes the amendment or reissuance of a policy to delete one or more classes of certificate holders from coverage. (14) "Trust funds" means all moneys collected by an employer from employees of the employer or moneys retained from the employee's wages for the purposes of providing or furnishing to the employee’s health care services pursuant to a contract. (15) "Violation" means a transgression of any statute or rule or any part thereof and includes both acts and omissions. (16) "Working day" means any day the business of the employer is open for business to its customers or day the employees of the employer are actually working on the employer's business. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 652.710 History: BLI 26-2009, f. 12-1-09, cert. ef. 1-1-10 BL 10-1992, f. & cert. ef. 7-1-92
839-001-0710 Effective Dates for Civil Penalty Provisions (1) The civil penalty provisions become effective on the following dates: (a) The civil penalty provisions of ORS 652.710 for violations of 652.710(1) are effective September 29, 1991; (b) The civil penalty provisions of ORS 652.710 for violations of 652.710(3) are effective July 1, 1992. (2) The notification requirements of ORS 652.710(3) are effective July 1, 1992. (3) The provisions of ORS 652.710(1) have been effective since June 14, 1941. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 652.710 History: BL 10-1992, f. & cert. ef. 7-1-92
839-001-0720 Notification of Termination of Group Health Insurance Policy (1) When an employer receives notice from a contractor or insurer who is providing or has provided the employer with a group health insurance policy that the policy is terminated by the insurer and when the employer does not replace the group health insurance coverage with another group health insurance policy, the employer shall notify all employees who were covered under the terminated policy. (2) The employer shall notify the employees in writing no later than ten working days from the date the employer has received notice from the contractor or insurer that the group health insurance policy is terminated. (3) The employer shall deliver the notice to each employee who was covered by the terminated group health insurance policy as follows: (a) The employer shall deliver the notice to each employee affected in person; or (b) The employer shall deliver the notice to each employee affected by mailing the notice to the employee’s home address as recorded in the employer’s records. (4) If the employer mails the notice, the employer shall complete a certificate of mailing for each notice mailed. (5) If the employer delivers the notice in person, the employer shall request the employee to acknowledge in writing that the employee received the notice. (6) The notice to employees shall contain the following information: (a) A statement to the effect that the group health insurance policy covering the employees has been terminated; (b) A statement to the effect that the employer will no longer provide group health insurance coverage for its employees; (c) The date the termination of the group health insurance policy takes effect; (d) An exact and clearly legible copy of the information supplied to the employer by the contractor or insurer pursuant to ORS 743.560. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 652.710 History: BL 10-1992, f. & cert. ef. 7-1-92
839-001-0730 Records to Be Kept/Availability of Records (1) The employer shall keep and make available for inspection by the Commissioner of the Bureau of Labor and Industries or representatives of the commissioner the following documents: (a) A true copy of the notice delivered to employees pursuant to these rules; (b) If the notice was mailed, the certificate of mailing for each employee to whom a notice was mailed; (c) If the notice was distributed in person, a written acknowledgement, signed by the employee, that the employee received the notice. (2) The documents required to be kept in section (1) of this rule shall be maintained for a period of two years from the date the notice was delivered. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 652.710 History: BL 10-1992, f. & cert. ef. 7-1-92
839-001-0740 Employee Notification Form for Termination of Group Health Insurance Coverage (1) For purposes of complying with ORS 652.710(3) and OAR 839-001-0720, there is no specific form required. The document used by the employer to notify its employees must contain all the information provided for in OAR 839-001-0720(6). (2) When the form supplied to the employer by the contractor or insurer contains the required information and when an exact and clearly legible copy of the form is delivered to employees within the time required in ORS 652.710(3) and OAR 839-001-0720(3), the notification requirements are satisfied. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 652.710 History: BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08 BL 10-1992, f. & cert. ef. 7-1-92
839-001-0760 Violations Separate and Distinct Each violation of ORS 652.710(1) and (3) is a separate and distinct offense. In the case of continuing violations, each day's continuance is a separate and distinct violation. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 183.090 & 652.710 History: BLI 37-2007, f. 12-28-07, cert. ef. 1-1-08 BL 10-1992, f. & cert. ef. 7-1-92
839-001-0770 Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed Pursuant to ORS 652.710(4), the Commissioner may assess a civil penalty for violations of 652.710(1) and (3) as follows: (1) Violations of ORS 652.710(1): (a) Failure of the employer to keep trust funds in accounts separate of other accounts maintained by the employer; (b) Failure of the employer to promptly pay the trust funds over to the contractor pursuant to a contract for health care services; (c) Allowing trust funds to become part of the employer’s assets. (2) Violations of ORS 652.710(3): (a) Failure to deliver the notification required in ORS 652.710(3) to each employee covered by the terminated group health insurance policy in person or by delivering the notice by mail to the employee’s home address; (b) Failure to deliver the notice no later than ten (10) working days to each employee after the employer has received notice from the contractor or insurer pursuant to ORS 743.560; (c) Failure to provide in the notice to each employee the information required in OAR 839-001-0720(6). Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 183.090 & 652.710 History: BL 10-1992, f. & cert. ef. 7-1-92
839-001-0780 Criteria for Determining a Civil Penalty (1) The Commissioner may consider the following mitigating and aggravating circumstances when determining the amount of any civil penalty to be assessed and cite those the Commissioner finds to be appropriate: (a) The history of the employer in taking all necessary measures to prevent or correct violations of statutes or rules; (b) Prior violations, if any, of statutes or rules; (c) The magnitude and seriousness of the violation; (d) Whether the employer knew or should have known of the violation; (e) Whether the employer’s action or inaction has resulted in the loss of a substantive right of an employee. (2) It will be the responsibility of the employer to provide the commissioner any mitigating evidence concerning the amount of the civil penalty to be assessed. (3) Notwithstanding any other section of this rule, the commissioner will consider evidence of all mitigating circumstances presented by the employer for the purpose of reducing the amount of the civil penalty to be assessed. Statutory/Other Authority: ORS 652.710(7), 652.710(11) & 673 Statutes/Other Implemented: ORS 183.090 & 652.710 History: BLI 1-2002, f. & cert. ef. 1-9-02 BL 10-1992, f. & cert. ef. 7-1-92
839-001-0790 Schedule of Civil Penalties for Violation of ORS 652.710(1) (1) The civil penalty for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710(1), the minimum civil penalty to be assessed shall be $50 for each employee affected; provided, however, that if the violation(s) of 652.710(1) result(s) in a lapse of health care insurance coverage or otherwise in the unavailability of health care services through the employer’s contract, the minimum civil penalty to be assessed shall be $500 for each employee affected. (3) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780. (4) When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710(1) by an employer who has previously been assessed a civil penalty for violation of 652.710(1), the minimum civil penalty shall be as follows: (a) For a second offense, double the amounts specified in sections (2) and (3) of this rule; (b) For third and subsequent offenses, $1,000 for each violation. (5) The civil penalties set out in this rule shall be in addition to any other penalty imposed by law or rule. Statutory/Other Authority: ORS 652.710(7) & 652.710(11) Statutes/Other Implemented: ORS 183.090 & 652.710 History: BL 10-1992, f. & cert. ef. 7-1-92
839-001-0800 Schedule of Civil Penalties for Violation of ORS 652.710(3) (1) The civil penalties for any one violation shall not exceed $1,000. The actual amount of the civil penalty will depend on all the facts and on any mitigating and aggravating circumstances. (2) When the Commissioner determines to assess a civil penalty for violation(s) of ORS 652.710(3), if delivery of notice satisfying the requirements of 652.710(3) occurred no later than three working days prior to the date upon which employee rights to conversion coverage terminate, a minimum civil penalty of $50 per employee shall be assessed. However, if delivery of notice as required by 652.710(3) is not made at least three days prior to the expiration of conversion rights, a minimum civil penalty of $500 per employee shall be assessed. (3) When the Commissioner determines to assess a civil penalty for the failure to provide all required information in the notice, a minimum civil penalty of $25 per employee for each notice not containing the required information. (4) The civil penalty for all other violations shall be set in accordance with the determinations and considerations referred to in OAR 839-001-0780. (5) When the Commissioner determines to assess a civil penalty for any violation of ORS 652.710(3) by an employer who has previously been assessed a civil penalty for violation of ORS 652.710(3), the minimum civil penalty shall be as follows: (a) For a second offense, double the amounts specified in sections (2), (3), and (4) of this rule; (b) For third and subsequent offenses, $1,000 for each violation. (6) The civil penalties set out in this rule shall be in addition to any other penalty assessed or imposed by law or rule. Statutory/Other Authority: ORS 652.710(11) History: BL 10-1992, f. & cert. ef. 7-1-92
839-002-0001 Rulemaking: Purpose of Rules The Bureau of Labor and Industries is authorized to develop administrative rules necessary for enforcement of statutes for which it is responsible. The purpose of these rules is to guide the bureau in the rule-making process. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.335 History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 1-2000, f. & cert. ef. 1-11-00
839-002-0002 Rulemaking: Proposed Rule Notice Prior to the permanent adoption, amendment or repeal of any rule of the Bureau of Labor and Industries, the bureau will give notice of intended action: (1) In the Secretary of State's Bulletin, referred to in ORS 183.360, at least 21 days prior to the rule's effective date. (2) To persons on the bureau's mailing list and email list established pursuant to ORS 183.335(8). (3) To the legislature, by mailing a copy of the notice to the legislators specified in ORS 183.335(15) at least 49 days before the effective date of the rule. (4) To the general public, by posting the notice on the bureau's Website. Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.335 History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 7-2006, f. 3-16-06 cert. ef. 3-20-06 BLI 8-2004, f. 7-26-04, cert. ef. 7-27-04 BLI 1-2000, f. & cert. ef. 1-11-00
839-002-0005 Model Rules of Procedure (1) The Attorney General's Model Rules of Procedure under the Administrative Procedures Act, are hereby adopted to govern the operations of the Bureau of Labor and Industries. (2) The Model Rules of Procedure will govern operations of the Hearings Unit of the Bureau of Labor and Industries except to the extent they conflict with or are modified by rules in any division of chapter 839 of the Oregon Administrative Rules. The rules for contested case proceedings are set forth in OAR chapter 839, division 50. [ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or the Bureau of Labor and Industries.] Statutory/Other Authority: ORS 183 Statutes/Other Implemented: ORS 183.341 History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 7-2006, f. 3-16-06 cert. ef. 3-20-06 BLI 1-2000, f. & cert. ef. 1-11-00 BL 4-1996, f. & cert. ef. 3-12-96 BL 3-1982, f. & ef. 2-9-82 BL 2-1981, f. & ef. 1-8-81 BL 5-1980, f. & ef. 8-4-80
839-002-0015 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Authority (1) ORS 651.060(1) authorizes the commissioner to conduct investigations in all matters relating to the duties required under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, and Chapters 652, 653, 658, and 659A. (2) ORS 651.060(1) gives the commissioner the authority to issue subpoenas ad testificandum and subpoenas duces tecum, administer oaths, obtain evidence and take testimony. (3) These rules govern the commissioner’s gathering of information through subpoenas or testimony and establish procedures through which a subpoenaed party may object to answering questions or producing any document or other thing subpoenaed. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0020 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Definitions (1) “Division” means the Civil Rights Division and Wage and Hour Division in the Bureau of Labor and Industries. (2) “Document” means any existing written, printed, typed, or recorded matter of any kind or nature, however produced or reproduced, including but not limited to all mechanical, electronic, sound or video recordings or their transcripts, photographs, electronic files and computer stored data. (3) “Other thing” means any existing tangible object that is not a “document.” (4) “Party” means any person who has been served by a subpoena under these rules. (5) “Person” means any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character. (6) “Subpoena ad testificandum” is a subpoena that requires an individual to appear and give testimony under oath. (7) “Subpoena duces tecum” is a subpoena that requires the production of documents or other things. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08
839-002-0025 Investigative Subpoenas for Civil Rights Division and Wage and Hour Division: Who and What May Be Subpoenaed The commissioner may issue subpoenas to persons to compel testimony and the production of documents or other things that are relevant to the commissioner’s lawful investigative purpose and reasonable in scope under matters relating to the duties required under ORS 279C.800 to 279C.870, 651.030, 651.050, 651.120 and 651.170, and chapters 652, 653, 658, and 659A. Statutory/Other Authority: ORS 651.060, 658.220 & 659A.800 Statutes/Other Implemented: ORS 279C, 651, 652, 653, 658 & 659A History: BLI 13-2011, f. 12-30-11, cert. ef. 1-1-12 BLI 33-2008, f. 10-22-08, cert. ef. 10-25-08 BLI 38-2007, f. 12-28-07, cert. ef. 1-1-08