reglab/statecodes huggingface dataset:
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.320 - Cancellation of unrecoverable benefits.

(1)(a) If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to repay or to have deducted from benefits payable, has neither been repaid nor deducted within a period of five years following the date the decision establishing the overpayment became final, and is equal to or is less than the state maximum weekly benefit amount or determined by the Director of the Employment Department to be uncollectible, the overpayment together with the record of the overpayment and the resulting shortage, may be canceled, and the overpayment, excluding any amount chargeable to reimbursable employers, shall be permanently charged to the fund.
(b) Notwithstanding paragraph (a) of this subsection, the overpayment may not be canceled if the debt is being recovered by payments or deductions that were received within the last three months or if repayment of the overpayment is required under ORS 657.213.
(2) If an amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.315 (1) to have deducted from benefits payable, has not been waived under ORS 657.317, paid or deducted from benefits otherwise payable to the individual for any week or weeks within five years following the week in which the decision establishing the overpayment became final, the overpayment together with the record of the overpayment and the resulting shortage, shall be canceled and the overpayment, excluding any amount chargeable to reimbursable employers, shall be permanently charged to the fund.
(3) When in the judgment of the director the best interests of the Employment Department are served in an effort to settle accounts, the director may waive, reduce or compromise any part or all of the interest or penalty charged pursuant to ORS 657.310. The director may determine that the amount of interest or penalty due and unpaid is uncollectible, and write the amount off. In making the determination that interest or a penalty is uncollectible, the director shall consider, among other factors:
(a) The administrative costs of continued collection efforts in relation to the amount due;
(b) The accessibility of the debtor for effective collection actions; and
(c) The debtor’s financial condition and ability to pay the amount due, both current and projected. [Amended by 1977 c.294 §5; 1983 c.146 §1; 1997 c.372 §3; 2007 c.87 §3; 2011 c.514 §2; 2013 c.703 §3; 2015 c.530 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.323 - ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter.

The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 to 657.329. [1971 c.2 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.326 - Adjustment of extended benefits to be received when benefit year ends within extended benefit period.

Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual’s weekly benefit amount. [1982 s.s.1 c.30 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.327 - Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.

(1) Whenever an extended benefit period is to become effective in this state as a result of a state "on" indicator, or an extended benefit period is to be terminated in this state as a result of a state "off" indicator, the Director of the Employment Department shall make an appropriate public announcement.
(2) No employer’s account shall be charged for extended benefits paid to an unemployed individual pursuant to the provisions of ORS 657.321 to 657.329. [1971 c.2 §5; 1982 s.s.1 c.30 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.328 - Eligibility period adopted by rule.

For purposes of ORS 657.321 to 657.329, the Employment Department may adopt rules providing for an eligibility period that begins in an extended benefit period after an individual’s benefit year has ended if federal law provides for funding that is greater than 50 percent of extended benefits. [2010 c.6 §6]
Note:
657.328 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.329 - Applicability of ORS 657.321 to 657.329.

ORS 657.321 to 657.329 shall apply to individuals meeting the requirements thereof for the week ending January 16, 1971, and any week thereafter. [1971 c.2 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.331 - "Additional benefits" and "additional benefit period" defined.

(1) As used in ORS 657.331 to 657.334:
(a) "Additional benefits" means benefits totally financed by the state and payable under this chapter to exhaustees by reason of conditions of high unemployment.
(b) "Additional benefit period" means a period not within an extended benefit period that:
(A) Begins with the third week after a week for which there is a state additional benefits "on" indicator; and
(B)(i) Ends with the second week after the first week for which there is a state "on" indicator as defined in ORS 657.321 (3)(c); or
(ii) If there is no "on" indicator, ends with the third week after the first week for which there is a state additional benefits "off" indicator or the seventh consecutive week of such period, whichever occurs later.
(2) Notwithstanding the provisions of subsection (1)(b) of this section, no additional benefit period may begin by reason of a state additional benefit "on" indicator before the eighth week following the end of a prior additional benefit period which was in effect with respect to this state.
(3) There is a state additional benefit "on" indicator for any week for which the Director of the Employment Department determines that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) equaled or exceeded 4.5 percent.
(4) There is a state additional benefits "off" indicator for any week for which the director determines that, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) was less than 4.5 percent.
(5) For purposes of this section, "rate of insured unemployment" has the same meaning as provided in ORS 657.321 (6). [1983 c.818 §§4,5; 1985 c.194 §2; 2003 c.14 §402; 2007 c.71 §211]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.332 - Eligibility for benefits; maximum amount.

During an additional benefit period an individual who has exhausted regular benefits pursuant to this chapter with respect to a week which begins subsequent to August 9, 1983, and who continues to otherwise meet the eligibility requirements for regular benefits under the provisions of this chapter, and who is not eligible for any other unemployment benefits, including benefits provided for by any federal law extending benefits beyond those provided for as regular benefits or extended benefits, may receive additional benefits for weeks subsequent to August 9, 1983, in an amount equal to the weekly benefit amount of the individual’s most recent regular unemployment benefit claim subject to the provisions of this chapter. The maximum additional benefits an individual may receive under ORS 657.331 to 657.334 is 25 percent of the most recent regular unemployment benefit claim. [1983 c.818 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.333 - Charging employer’s account for benefits; reimbursing employer payments.

An employer’s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the Unemployment Compensation Trust Fund an amount equal to the additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. [1983 c.818 §7; 2001 c.572 §10; 2003 c.14 §403]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.334 - Limitation on period for which benefits paid.

Additional benefits may be paid under the provisions of ORS 657.331 to 657.334 only with respect to weeks not within an extended benefit period, and not within a period covered by any federal law allowing the filing of new claims extending benefits beyond those provided for as regular or extended benefits. [1983 c.818 §8; 1985 c.194 §1; 1987 c.126 §1; 1989 c.818 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.335 - Definitions for ORS 657.335 to 657.360.

As used in ORS 657.335 to 657.360:
(1) "Career and technical training" means training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-employed. "Career and technical training" does not include programs of instruction for an individual, including transfer credit programs of instruction given at community colleges, that are primarily intended to lead toward a baccalaureate or higher degree or training that has for its purpose the preparation of individuals for employment in occupations that require a baccalaureate or higher degree from institutions of higher education unless approved by the Director of the Employment Department.
(2) "Eligible dislocated workers" means individuals who are not disqualified from benefits under ORS 657.176 and who:
(a) Have been terminated or laid off or who have received a notice of termination or layoff, are eligible for or have exhausted their entitlement to unemployment compensation and are unlikely to return to their previous industry or occupation;
(b) Have been terminated or have received a notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise;
(c) Are long term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age;
(d) Were self-employed, including farmers and ranchers, and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters;
(e) Returned to service in the Oregon National Guard or the military reserve forces of the United States following active duty service;
(f) Have separated from a declining industry; or
(g) Have been involuntarily and indefinitely separated from employment as a result of a permanent reduction of operations at their place of employment. [1969 c.156 §3; 1971 c.82 §2; 1991 c.685 §4; 1993 c.129 §1; 2005 c.174 §3; 2009 c.94 §23; 2009 c.115 §8; 2013 c.1 §85]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.340 - Eligibility for benefits.

(1) Dislocated workers approved for career and technical training may not be denied unemployment insurance benefits solely because they are attending career and technical training, nor shall such individual be denied benefits by reason of leaving work to enter such training if the work left was part-time or temporary or paid less than 80 percent of the individual’s average weekly wage during the base year.
(2) Notwithstanding provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, dislocated workers approved for career and technical training and otherwise eligible for benefits are not ineligible for such benefits or waiting week credit because of attendance in career and technical training.
(3)(a) Eligible dislocated workers who file valid unemployment compensation claims, upon exhaustion of regular benefits, are eligible for supplemental benefits from 1 to 26 times the individual’s most recent weekly benefit amount based upon the amount needed to continue or complete approved career and technical training.
(b) Supplemental benefits shall be paid under the same terms and conditions as regular benefits under this chapter, except that the Director of the Employment Department may extend the benefit year of an individual attending an approved career and technical training program a sufficient number of weeks to allow the individual to complete the training program.
(c) Supplemental benefits may be paid only when the eligible dislocated worker is not eligible to receive extended benefits as provided in ORS 657.321 to 657.329 or additional benefits as provided in ORS 657.331 to 657.334.
(4) The receipt of supplemental benefits is conditioned upon the individual’s demonstrating satisfactory progress and attendance in career and technical training. [1969 c.156 §§5,6; 1971 c.82 §3; 1991 c.685 §6; 1993 c.624 §1; 1995 c.495 §2; 1997 c.56 §1; 2001 c.866 §2; 2005 c.174 §2; 2009 c.94 §25; 2009 c.115 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.345 - Approval of programs by director.

(1) Individuals who are identified as dislocated workers under the federal Workforce Innovation and Opportunity Act, and implementing regulations, and who attend training programs identified under the Act shall be considered to be in approved career and technical training. The training shall be for occupations or skills for which there are or are expected to be reasonable employment opportunities in the area or in another area to which the individual is willing to relocate or which relate to the development of a self-employment enterprise for which there is reasonable opportunity for success.
(2) In approving career and technical training for eligible dislocated workers who do not attend training programs identified in subsection (1) of this section, the Director of the Employment Department shall require:
(a) That the career and technical training relates to an occupation or skill for which there are, or are expected to be, reasonable employment opportunities in this state or relates to the development of a self-employment enterprise for which there is a reasonable opportunity for success.
(b) That the individual has the qualifications and aptitudes to successfully complete such career and technical training. [1969 c.156 §7; 1971 c.82 §4; 1983 c.9 §1; 1991 c.685 §7; 2001 c.684 §30; 2009 c.94 §26; 2017 c.185 §15; 2017 c.297 §33]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.350 - Rules for administering training program.

The Higher Education Coordinating Commission shall promulgate rules as necessary for the administration of ORS 657.335 to 657.360, including but not limited to procedures for approval, undertaking periodic reviews for continued approval, or for disapproval of career and technical training for an individual. [1969 c.156 §8; 1971 c.82 §5; 1991 c.685 §8; 1997 c.61 §11; 2001 c.684 §31; 2009 c.94 §27; 2015 c.366 §96; 2019 c.384 §6]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.355 - Denial of benefits to trainees subject to review.

Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual’s participation under ORS 657.335 to 657.360 shall be subject to the provisions of ORS 657.265, 657.266 to 657.269 and 657.270 to 657.282. [1969 c.156 §9; 1975 c.257 §8; 1993 c.778 §15]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.357 - Apprenticeship program participants eligible for benefits; conditions.

Notwithstanding ORS 657.335 to 657.360 or the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an unemployed individual participating in an apprenticeship program who is otherwise eligible for unemployment insurance benefits:
(1) Is not ineligible for the benefits or waiting week credit solely by reason of attending a program of related instruction established in accordance with ORS 660.157 if the individual’s attendance:
(a) Does not exceed 10 weeks during the benefit year of the individual; and
(b) Is required as a condition of the individual’s continued employment; and
(2) Shall be considered to be in a program of instruction with the approval of the Director of the Employment Department if the individual:
(a) Provides the director with a copy of the individual’s effective apprenticeship agreement approved in accordance with the requirements of ORS 660.002 to 660.210; and
(b) Establishes to the satisfaction of the director that the training is scheduled by a work-related entity and not by the individual claiming the benefits. [1989 c.818 §3; 1999 c.124 §1; 2016 c.18 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.360 - When employer charged for benefits.

Except for benefits paid pursuant to ORS 657.357, no employer’s account shall be charged for benefits paid to an unemployed individual during the period such individual is enrolled in and attending such program of instruction. [1969 c.156 §4; 1971 c.82 §6; 1989 c.818 §4]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.370 - Definitions for ORS 657.370 to 657.390.

As used in ORS 657.370 to 657.390, unless the context requires otherwise:
(1) "Affected employee" means an individual who is employed as a member of an affected group by the shared work employer, other than on a seasonal, temporary or intermittent basis, immediately preceding the submission by the employer of the shared work plan.
(2) "Affected group" means three or more employees designated by the employer to participate in a shared work plan.
(3) "Approved shared work plan" or "approved plan" means an employer’s shared work plan that meets the requirements of ORS 657.375.
(4) "Normal weekly hours of work" means the number of hours in a week that the employee normally would work for the shared work employer or 40 hours, whichever is less.
(5) "Shared work employer" means an employer with a shared work plan in effect.
(6) "Shared work plan" or "plan" means an employer’s voluntary, written plan for reducing unemployment, under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced. [1982 s.s.1 c.2 §8; 2007 c.71 §212; 2013 c.704 §2; 2023 c.58 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.375 - Plan applications; approval by director.

(1) An employer wishing to participate in the shared work unemployment benefit program must submit a signed, written shared work plan to the Director of the Employment Department for approval.
(2) The director may give written approval of a shared work plan only if it:
(a) Provides a description of how the requirements of the shared work unemployment benefit program will be implemented.
(b) Is consistent with employer obligations under federal law.
(c) Specifies the employees in the affected group.
(d) Applies to only one affected group.
(e) Includes a certified statement by the employer that each individual specified in the affected group is an affected employee.
(f) Includes the employer’s estimate of the number of layoffs that would have occurred if not for the shared work unemployment benefit program.
(g) Includes a certified statement by the employer that for the duration of the plan the reduction in the normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.
(h) Specifies an expiration date that is no more than one year from the date the employer submits the plan for approval.
(i) Certifies that existing health and retirement benefits under a defined benefit plan or contributions to a defined contribution plan, as defined in section 414 of the Internal Revenue Code, for the benefit of any participating employee with a reduced workweek will be provided to the employee as if the workweek had not been reduced.
(j) Is approved in writing by the collective bargaining agent for each collective bargaining agreement that covers any employee in the affected group.
(3) The director shall establish the beginning and ending dates of an approved shared work plan.
(4)(a) The director shall approve or disapprove the plan within 15 days of receipt of the plan.
(b) The director shall notify the employer of the reasons for disapproval of a shared work plan within 10 days of making the determination.
(c) Determinations of the director are final and are not subject to review by any court or other administrative body.
(5) Disapproval of a shared work plan may be reconsidered upon application of the employer or at the discretion of the director.
(6) Approval of a shared work plan may be revoked by the director when it is established that approval was based, in whole or in part, upon information contained in the plan that is either false or substantially misleading. [1982 s.s.1 c.2 §9; 1993 c.778 §21; 2013 c.704 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.380 - Eligibility of employees; benefit limitation.

(1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 to 657.390, an individual is unemployed and eligible to receive shared work benefits with respect to any week if, in addition to meeting all other eligibility requirements of this chapter, the Director of the Employment Department finds that:
(a) During the week the individual is employed as a member of an affected group in an approved plan that was approved prior to the week and is in effect for the week.
(b) During the week the individual’s normal weekly hours of work were reduced, in accordance with an approved plan, at least 10 percent but not more than 50 percent, with a corresponding reduction in wages.
(2) Shared work benefits may not be paid to an eligible individual in an amount greater than 26 times the individual’s weekly benefit amount of regular benefits.
(3) The total amount of regular benefits and shared work benefits paid to an individual in a benefit year may not exceed the total for the benefit year as provided in ORS 657.150 (5).
(4) An otherwise eligible individual may not be denied benefits under this section:
(a) Because of the application of any provision of this chapter relating to availability for work, active search for work or refusal to apply for or accept work from other than the individual’s shared work employer.
(b) For participating in training to enhance the job skills of the individual, if the training is sponsored by the employer or funded under the federal Workforce Innovation and Opportunity Act, and approved by the director. [1982 s.s.1 c.2 §10; 2009 c.377 §1; 2013 c.704 §4; 2017 c.185 §16; 2017 c.297 §37; 2023 c.58 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.385 - Method of paying benefits; amount; applicability of law to shared work plans; rules.

(1) An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual’s regular weekly benefit amount multiplied by the nearest full percentage of reduction of the individual’s regular weekly hours of work, as set forth in the employer’s plan. The benefit payment under ORS 657.370 to 657.390, if not a multiple of one dollar, shall be rounded to the nearest dollar, and an even one-half dollar shall be rounded to the next higher multiple of one dollar.
(2) The provisions of ORS 657.150 (6) shall not apply to earnings from the shared work employer of an individual eligible for payments under ORS 657.370 to 657.390 unless the resulting payment would be less than the regular benefit payment for which the individual would otherwise be eligible under ORS 657.150 (6) without regard to shared work unemployment insurance benefits.
(3) Except as otherwise provided by ORS 657.370 to 657.390, all provisions of this chapter and rules adopted by the Director of the Employment Department apply to ORS 657.370 to 657.390. The director may adopt such rules as the director considers necessary to carry out the purposes of ORS 657.370 to 657.390. [1982 s.s.1 c.2 §11; 1983 c.51 §2; 2003 c.14 §404; 2015 c.529 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.390 - Employer charged for benefits in same manner as for regular or extended benefits; limitations.

(1) A shared work employer shall be charged for shared work benefits in the manner provided in this chapter for charging employers for regular benefits or extended benefits.
(2) Notwithstanding subsection (1) of this section or any other provision of law to the contrary, a shared work employer may not be charged for any portion of shared work benefits paid with respect to which federal law:
(a) Permits the noncharging of benefits paid; and
(b) Provides for the funding of shared work benefits. [1982 s.s.1 c.2 §12; 1993 c.778 §2; 2013 c.704 §5; 2015 c.529 §3]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.392 - Benefits subject to recovery as lien on real or personal property.

(1) If an individual is liable to repay benefits under ORS 657.310, the amount liable to be repaid, interest and penalties due shall be a lien in favor of the Director of the Employment Department upon all property, whether real or personal, belonging to such individual.
(2) The lien shall be perfected and attach:
(a) To real and personal property located within the county, upon the recording of a warrant, as provided in ORS 657.396, with the clerk of the county in which the property is located.
(b) To personal property wherever located within the state, upon:
(A) The recording of a warrant, as provided in ORS 657.396, with the clerk of any county; and
(B) The filing of a copy of the warrant with the Secretary of State as provided in ORS 657.394.
(3) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [1997 c.372 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.394 - Filing of lien statement or warrant.

(1) Any warrant attaching the lien under ORS 657.392 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State shall have no effect until a copy of the statement of lien or the warrant has been recorded with the county clerk.
(2) When a copy of the statement of lien or the warrant is filed with the Secretary of State in compliance with subsection (1) of this section, such filing shall have the same effect with respect to personal property as if the copy of the statement of lien or the warrant had been duly recorded with the county clerk in each county of this state.
(3) A copy of the statement of lien or the warrant so filed with the Secretary of State shall be filed and indexed by the Secretary of State in the same manner as is provided in ORS 79.0501 for the filing and indexing of financing statements. [1997 c.372 §6; 2001 c.445 §178]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.396 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

(1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657.310, interest on those amounts or penalties, the Employment Department may instead:
(a) Assess a collection charge of $5 if the amount liable to be repaid, the interest then due or the penalty exceeds $10.
(b) Issue a warrant for the amount liable to be repaid with the added interest, penalty, collection charge and the sheriff’s cost of executing the warrant. A copy of the warrant shall be mailed or delivered to the debtor by the department at the debtor’s last-known address.
(2) At any time after issuing a warrant under this section, the department may record the warrant in the County Clerk Lien Record of any county of this state. Recording of the warrant has the effect described in ORS 205.125. After recording a warrant, the department may direct the sheriff for the county in which the warrant is recorded to levy upon and sell the real and personal property of the debtor found within that county, and to levy upon any currency of the debtor found within that county, for the application of the proceeds or currency against the amount reflected in the warrant and the sheriff’s cost of executing the warrant. The sheriff shall proceed on the warrant in the same manner prescribed by law for executions issued against property pursuant to a judgment, and is entitled to the same fees as provided for executions issued against property pursuant to a judgment. The fees of the sheriff shall be added to and collected as a part of the warrant liability.
(3) In the discretion of the department a warrant under this section may be directed to any agent authorized by the department to collect amounts under this section, and in the execution of the warrant the agent has all of the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of such duty.
(4) Interest upon the amounts liable to be repaid and the penalty as set forth in the warrant shall be paid and collected at the rate prescribed in ORS 657.310. [1997 c.372 §7; 2003 c.576 §216; 2007 c.87 §4; 2011 c.661 §10]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.398 - Release, compromise or satisfaction of lien.

Any lien provided for in ORS 657.392 and 657.394 may be released, compromised or satisfied by the Director of the Employment Department, and the property against which a lien is claimed shall be released therefrom by filing a notice of such release or satisfaction with the county clerk of the county in which the notice of lien claim was filed. [1997 c.372 §8]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.400 - Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments.

(1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Fraud Control Fund. The Employment Department Special Fraud Control Fund shall consist of moneys collected or received by the Employment Department as follows:
(a) Interest and penalties described under ORS 657.310 (7)(b).
(b) All gifts to, interest on or profits earned by the Employment Department Special Fraud Control Fund.
(2) The moneys in the Employment Department Special Fraud Control Fund are continuously appropriated to the Employment Department and may not be appropriated, transferred or otherwise made available to any other state agency.
(3) All amounts in the Employment Department Special Fraud Control Fund shall be used for the following purposes, as included in the biennial budget of the Employment Department and approved by the Legislative Assembly:
(a) Administrative costs associated with the prevention, discovery and collection of unemployment benefit overpayments;
(b) Costs associated with the Lost Wages Assistance program administered by the department pursuant to a grant agreement with the Federal Emergency Management Agency under authority established by the presidential memorandum issued on August 8, 2020, on the subject of Authorizing the Other Needs Assistance Program for Major Disaster Declarations Related to Coronavirus Disease 2019; and
(c) Administrative costs associated with other benefit programs administered by the department.
(4) If, under subsection (3)(b) of this section, the Employment Department uses any amounts for the purpose of reimbursing the Federal Emergency Management Agency for overpayments of benefits under the Lost Wages Assistance program:
(a) Any amounts of overpayments collected from the debtor by the department shall be deposited in the Employment Department Special Fraud Control Fund.
(b)(A) The department may collect such overpayments under the provisions of this chapter as if the amounts were overpayments of regular benefits; or
(B) The Director of the Employment Department may waive collection of such overpayments if the director determines that it is administratively impracticable to pursue collection. [1997 c.372 §9; 2007 c.87 §5; 2013 c.703 §4; 2021 c.259 §1]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.405 - "Computation date" defined for ORS 657.430 to 657.463 and 657.471 to 657.485.

As used in ORS 657.430 to 657.463 and 657.471 to 657.485, "computation date" means the June 30 preceding the calendar year for which tax rates are to be effective. [Amended by 1955 c.655 §17; 1957 c.699 §5; 1961 c.252 §2; 1973 c.300 §9; 1975 c.257 §9]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.410 - Minimum wage for employee without fixed wage.

For the purpose of determining the contribution of an employer, if a worker is not employed at a fixed wage, after a fair hearing, the Director of the Employment Department may establish a minimum wage at which such worker shall be carried on the payroll of the employer.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.415 - When employer ceases to be subject to this chapter.

(1) No employer subject to this chapter shall cease to be subject except upon a written application and after a finding by the Director of the Employment Department that the employer did not, during and since the preceding calendar year, have sufficient employment or payroll to qualify as an employer as defined in this chapter.
(2) The employer shall cease to be subject effective with the first day of the calendar quarter in which the written application was filed. Such exemption shall continue until the employer again qualifies as an employer as defined in this chapter. [Amended by 1955 c.655 §18; 1981 c.77 §13]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.425 - Election of coverage for services that do not constitute employment as defined in this chapter.

(1) Any employing unit, for which individuals perform services that are not employment subject to this chapter, may file with the Director of the Employment Department a written election that all such excluded services are employment for all the purposes of this chapter.
(2) Notwithstanding subsection (1) of this section:
(a) A nonprofit employing unit, a state agency, a political subdivision or an Indian tribe may file a written election that all otherwise excluded services performed by individuals within the same grade, class or occupation or at a specific establishment or geographic area are employment subject to this chapter.
(b) An employing unit for which services are performed that are subject to the Federal Unemployment Tax Act may file a written election with the director that such services are employment for all purposes of this chapter.
(3) Elections filed pursuant to subsections (1) and (2) of this section are not effective unless approved by the director. Upon approval of the election by the director, the services are employment subject to this chapter effective the first day of the calendar quarter in which the election was filed, or a later date when so specified in the election. Such election shall continue in effect until canceled but shall be for not less than two completed calendar years.
(4) An employing unit may cancel its election as of January 1 of any calendar year that is subsequent to two calendar years, only if such employing unit has filed, at least 30 days prior to such January 1, a written notice with the director of its intention to cancel such election. Upon timely notice of intention to cancel the election, such services shall cease to be employment subject to this chapter.
(5) The director may cancel the election of any employing unit and such elected services shall cease to be employment subject to this chapter at any time while such employing unit is in default in payment of taxes or other amounts due under this chapter. [Amended by 1971 c.463 §14; 1973 c.715 §3; 1981 c.5 §4; 2001 c.572 §11; 2005 c.218 §14]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.430 - Tax rates based on experience.

Subject to ORS 657.480 and the conditions and exceptions contained in this chapter, the Director of the Employment Department shall, for each calendar year, determine the tax rates applicable to each employer on the basis of the actual experience of the employing enterprises of the employer with respect to benefits paid to unemployed individuals on account of wages for services performed in the employ of the employer during the base years of the unemployed individuals. [Amended by 1973 c.300 §10; 2005 c.35 §1]
Note:
Sections 2, 3 and 5, chapter 638, Oregon Laws 2021, provide:
Sec. 2.
Sections 3 and 4 of this 2021 Act are added to and made a part of ORS chapter 657. [2021 c.638 §2]
Sec. 3.
(1) Notwithstanding ORS 657.430, the actual experience of the employing enterprises of an employer used to determine the tax rates applicable to the employer for calendar year 2020 shall be used to determine the tax rates applicable to the employer for calendar years 2022, 2023 and 2024.
(2) Notwithstanding ORS 657.435, if an employer’s tax rate was assigned under ORS 657.435 for calendar year 2020, the tax rate so assigned shall be the employer’s tax rate for calendar years 2022, 2023 and 2024. [2021 c.638 §3]
Sec. 5.
Sections 3 and 4 of this 2021 Act are repealed on January 2, 2032. [2021 c.638 §5]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.435 - Base rate for first year.

For each calendar year, an employer’s tax rate shall be that rate assigned in this section to the applicable schedule I through VIII of Table A, ORS 657.462 in effect for such calendar year unless and until there have been 12 consecutive months immediately preceding the computation date, except as otherwise provided, throughout which the employer’s account has been chargeable with benefits.
______________________________________________________________________________
Schedule of Table A, Tax Rate
ORS 657.462 Assigned
I 2.0%
II 2.1%
III 2.4%
IV 2.6%
V 2.9%
VI 3.1%
VII 3.2%
VIII 3.3%
______________________________________________________________________________ [Amended by 1955 c.655 §5; 1973 c.300 §11; 1977 c.538 §1a; 1989 c.609 §2; 2005 c.183 §5]
Note:
See note under 657.430.
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.457 - Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.

(1) For each year after December 31, 1993, an employer shall pay a penalty equal to one percent of the employer’s taxable payroll in the preceding calendar year if the employer has failed prior to September 1 to:
(a) File all tax reports as required by the Director of the Employment Department; or
(b) Pay all taxes due.
(2)(a) On or before June 30, the director shall send a written notice to each employer that has failed to file all required tax reports or pay all taxes due, warning the employer about the penalty provided in subsection (1) of this section.
(b) On or before October 20, the director shall assess the penalty provided in subsection (1) of this section and send written notification thereof to the employer’s last known address.
(c) An employer that is assessed a penalty under this section may submit a written request that the penalty be waived. Such request must be filed with the director on or before November 10 following the penalty assessment and contain the specific reasons for the failure to file the required reports or payments prior to September 1.
(d) The director may waive the penalty for good cause if the employer has filed the required reports and payments.
(3)(a) If the request for waiver of the penalty is denied, the director shall so notify the employer in writing. The decision denying the request shall become final, unless within 20 days from the date the decision is sent to the employer’s last known address, the employer files a request for a hearing. The request for a hearing must be in writing and state the reasons therefor.
(b) Hearings, decisions and reconsiderations under this section shall be conducted in accordance with rules adopted by the director.
(c) Judicial review of an order assessing a penalty under this section shall be as provided for review of orders in contested cases under ORS chapter 183, except that the petition shall be filed within 20 days after the issuance of the order of the director or a designated representative.
(4) The penalty provided in subsection (1) of this section shall be collected in accordance with the provisions of ORS 657.515, and any amounts collected pursuant to this subsection shall be paid to the Employment Department Special Administrative Fund in accordance with the provisions of ORS 657.830 (3). [1957 c.699 §8(1),(2); 1967 c.435 §4; 1977 c.538 §2; 1993 c.778 §19; 1995 c.173 §2]
2023 Oregon Revised Statutes › Volume : 16 - Trade Practices, Labor and Employment › Chapter 657 - Unemployment Insurance › Section 657.458 - Definitions for employer tax rate computations; exclusion of calendar years 2020 and 2021.

As used in this chapter unless the context requires otherwise:
(1) "Adjusted average weekly check amount" means the average weekly check amount in a calendar year plus one-half of the increase in the maximum weekly benefit amount plus one-half of the increase in the minimum weekly benefit amount from the week including July 4 immediately preceding such calendar year to the week including July 4 immediately following such calendar year.
(2) "Average monthly employment" means the total number of persons employed in each month for 12 consecutive months, as reported by employers subject to the tax under this chapter, divided by 12.
(3) "Average weekly check amount" means the gross amount of benefit payments, excluding extended benefits, made during a 12 consecutive month period, divided by the number of such weekly payments made to all individuals receiving benefits under this chapter during that period. The number and amount of payments made under section 11, chapter 2, Oregon Laws 1982 (first special session), shall be excluded from the computation under this subsection.
(4) "High benefit cost period" means the 12 consecutive month period in the last 20 completed calendar years in which the benefit cost rate was the highest. The benefit cost rate is determined by dividing the amount of benefits paid attributable to employers subject to the tax, during any 12 consecutive months within the 20-year period by total wages, as defined in ORS 657.105, reported by all employers subject to the tax for the four consecutive calendar quarters that include the quarter in which the 12 consecutive month period ended. All benefits paid from the Unemployment Compensation Trust Fund attributable to employers subject to the tax, including but not limited to the Oregon share of extended benefits and any special state additional benefits, shall be included in the amount of benefits under this subsection. For purposes of making determinations under this subsection, calendar years 2020 and 2021 shall not be included, and shall not count toward the total number of years, in any 20-year period. [1969 c.157 §2 (657.458 and 657.459 enacted in lieu of 657.461); 1971 c.463 §15; 1977 c.538 §3; 1983 c.508 §9; 2007 c.71 §213; 2021 c.638 §1]