reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3340 - Contributions: Overpayment Refunds

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3700 - Assistance Grants: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
"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  & 657B.340
Statutes/Other Implemented: ORS
				  657B.200
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3705 - Assistance Grant: Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3710 - Assistance Grants: Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may apply for an assistance
			 grant only:
(a) After an eligible employee has
			 been approved by the department for family leave, medical leave or safe leave;
			 and
(b) Prior to the end of the
			 fourth month following the last day of the eligible employee's period of
			 leave.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3710 - Assistance Grants: Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An employer may apply for an assistance
			 grant only:
(a) After an eligible employee
			 has been approved by the department for family leave, medical leave or safe
			 leave; and
(b) Prior to the end of
			 the fourth month following the last day of the eligible employee's period of
			 leave.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3730 - Assistance Grants: Grant Amounts

Current through Register Vol. 63, No. 7, July 1, 2024
The amount paid for an approved assistance grant is as
				follows:
(1) An employer that hired a
			 replacement 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.340  & ORS
				  657B.200
Statutes/Other Implemented: ORS
				  657B.200
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3750 - Assistance Grants: Employer Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3790 - Assistance Grants: Successor in Interest Rights and Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-3850 - Assistance Grants: Repayment of Grants

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-5200 - Due Dates for Balances Owed to the Department

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-5210 - Application of Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-5240 - Compromise of Amount Due

Current through Register Vol. 63, No. 7, July 1, 2024
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(8)
				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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8000 - Appeals: Department Representation in Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to the
			 approval of the Attorney General, 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:
(a) Administrative decisions
			 related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS
			 657B.100 and
			 657B.120 and applicable
			 rules.
(b) Administrative decisions
			 related to PFMLI contributions under ORS
			 657B.130 to
			 657B.175 or
			 657B.370 and applicable
			 rules.
(c) Administrative decisions
			 related to PFMLI penalties imposed under ORS
			 657B.910 or
			 657B.920 and applicable
			 rules.
(d) Administrative decisions
			 related to PFMLI employer assistance grants under ORS
			 657B.200 and applicable
			 rules.
(e) Administrative decisions
			 related to PFMLI equivalent plans under ORS
			 657B.210 and applicable
			 rules.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8005 - Appeals: Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A request for hearing may be filed on forms provided by the department. Use of
			 the form is not required provided the party specifically requests a hearing or
			 otherwise expresses a present intent to appeal and it can be determined what
			 issue or decision is being appealed.
(2) A claimant's request for hearing on an
			 administrative decision related to Paid Family and Medical Leave Insurance
			 (PFMLI) benefits under ORS chapter 657B and applicable administrative rules
			 must be in writing and filed within 60 calendar days after the administrative
			 decision is issued and may be filed:
(a) By
			 mail, email, or other means, as designated by the department in the notice of
			 administrative decision that is being appealed;
(b) In person at any publicly accessible
			 Employment Department office in Oregon; or
(c) By a method approved by the department,
			 including use of the department's secured website, as provided on the notice of
			 administrative decision that is being appealed.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8010 - Appeals: Assignment to Office of Administrative Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8015 - Appeals: Contested Case Proceedings Interpretation for Non-English-speaking Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to the department's Paid Family and Medical Leave Insurance
			 contested case proceedings that require the services of an interpreter for a
			 non-English-speaking person who is a party or witness.
(2) For purposes of this rule:
(a) A "non-English-speaking person" means a
			 person who, by reason of place of birth, national origin, or culture, speaks a
			 language other than English and does not speak English at all or with adequate
			 ability to communicate effectively in the proceedings.
(b) A "qualified interpreter" means a person
			 who is readily able to communicate with the non-English-speaking person and who
			 can orally transfer the meaning of statements to and from English and the
			 language spoken by the non-English-speaking person. A qualified interpreter
			 must be able to interpret in a manner that conserves the meaning, tone, level,
			 style, and register of the original statement, without additions or omissions.
			 A qualified interpreter does not include any person who is unable to interpret
			 the dialect, slang, or specialized vocabulary used by the party or
			 witness.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8020 - Appeals: Contested Case Proceedings Interpretation for Individuals with a Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule:
(a) An "assistive
			 communication device" means any equipment designed to facilitate communication
			 by an individual with a disability;
(b) An "individual with a disability" means a
			 person who cannot readily understand the proceedings because of deafness or a
			 physical hearing impairment, or cannot communicate in the proceedings because
			 of a physical speaking impairment;
(c) A "qualified interpreter" for an
			 individual with a disability means a person readily able to communicate with
			 the individual with a disability, interpret the proceedings and accurately
			 repeat and interpret the statements of the individual with a
			 disability.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8025 - Appeals: Late Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department shall accept a request for
			 hearing filed after the deadline only if there is good cause shown and the
			 request is 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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8030 - Appeals: Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8035 - Appeals: Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subpoenas for the attendance of witnesses or the production of books, records,
			 documents, or other physical evidence may be issued by:
(a) The administrative law judge upon request
			 of a party to the contested case upon showing of general relevance and
			 reasonable scope of the evidence sought, or on the administrative law judge's
			 own initiative;
(b) The department
			 on its own motion; or
(c) An
			 attorney representing a party to the contested case on behalf of that
			 party.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8037 - Appeals: Individually Identifiable Health Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule is intended to comply with
			 federal requirements of the Health Insurance Portability and Accountability Act
			 of 1996 (HIPAA) and the HIPAA Privacy Rules in 45 CFR Parts 160 and 164 to
			 protect the privacy of Protected Health Information. This rule should be
			 construed to implement and not to alter the requirements of
			 45 CFR §
									164.512(e).
(2) For purposes of this rule, and consistent
			 with the terms in the HIPAA Privacy Rules in 45 CFR Parts 160 and 164:
(a) An "administrative tribunal" is an
			 administrative law judge who conducts a contested case hearing on behalf of the
			 department.
(b) A "covered entity"
			 includes the following entities, as further defined in the HIPAA Privacy Rules:
(A) A Health Insurer or the Medicaid
			 program;
(B) A Health Care
			 Clearinghouse; or
(C) A Health Care
			 Provider that transmits any Individually Identifiable Health Information using
			 Electronic Transactions covered by HIPAA.
(c)
"
Protected health
			 information
"
means individually identifiable health
			 information:
(A) Except as provided in
			 paragraphs (B) of this subsection, that is:
(i) Transmitted by electronic
			 media;
(ii) Maintained in
			 electronic media; or
(iii)
			 Transmitted or maintained in any other form or medium.
(B) Protected health information excludes
			 individually identifiable health information:
(i) In education records covered by the
			 Family Educational Rights and Privacy Act, as amended,
			 20 U.S.C.
			 1232g;
(ii) In records described at
			 20 U.S.C.
			 1232g(a)(4)(B)(iv);
(iii) In employment records held by a covered
			 entity in its role as employer; and
(iv) Regarding a person who has been deceased
			 for more than 50 years.
(d) A "qualified protective order (QPO)" is
			 an order of the administrative tribunal that:
(A) Prohibits the use or disclosure of
			 protected health information by the administrative law judge, the department or
			 a party for any purpose other than the contested case proceeding or judicial
			 review of the contested case proceeding;
(B) Requires that all copies of the protected
			 health information be returned to the covered entity or destroyed at the
			 conclusion of the contested case proceeding, or judicial review of the
			 contested case proceeding, whichever is later; and
(C) Includes such additional terms and
			 conditions as may be appropriate to comply with federal or state
			 confidentiality requirements that apply to the protected health
			 information.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8040 - Appeals: Postponement of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the request of a party or on the
			 administrative law judge's own initiative, an administrative law judge may
			 order, orally or in writing, that a hearing be postponed.
(2) A postponement may be granted by Office
			 of Administrative Hearings staff at the request of a party if:
(a) The request is promptly made after the
			 party becomes aware of the need for postponement; and
(b) The party has good cause, as stated in
			 the request, for not attending the hearing at the time and date set.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8045 - Appeals: Telephone and Video Conference Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless precluded by law, the Office of
			 Administrative Hearings (OAH) may, in its discretion, hold a hearing or portion
			 of a hearing by telephone or video conference. Nothing in this rule precludes
			 the OAH from allowing some parties or witnesses to attend by telephone or video
			 conference while others attend in person.
(2) The OAH may direct that a hearing be held
			 by telephone or video conference upon request or on its own motion.
(3) The OAH shall make an audio, video or
			 stenographic record of any telephone or video conference hearing.
(4) At least seven calendar days prior to
			 commencement of an evidentiary hearing that is held by telephone or video
			 conference, each party shall provide to all other parties and to the OAH copies
			 of documentary evidence that it will seek to introduce into the record. The
			 department shall provide to all parties and to the OAH copies of all documents
			 and records in the possession of the department that will be introduced at the
			 hearing as exhibits, including any statements of the claimant, employee,
			 employer or employer's agent(s), and all jurisdictional documents.
(5) Nothing in this rule precludes any party
			 from seeking to introduce documentary evidence in addition to evidence
			 described in section (4) of this rule, during the hearing and the
			 administrative law judge shall receive such evidence, subject to the applicable
			 rules of evidence, if inclusion of the evidence in the record is necessary to
			 conduct a full and fair hearing. If any evidence introduced during the hearing
			 has not previously been provided to the OAH and to the other parties, the
			 hearing may be continued upon the request of any party for sufficient time to
			 allow the party to obtain and review the evidence.
(6) As used in this rule, "telephone" means
			 any two-way electronic communication device.
(7) As used in this rule, "video conference"
			 means a virtual, online meeting over the internet that simulates a face-to-face
			 meeting.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.410
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8050 - Appeals: The Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose
			 of the hearing is to inquire fully into the matters at issue and to make a
			 decision on the basis of the evidence shown at the hearing.
(2) No administrative law judge shall
			 participate in a hearing if the administrative law judge has any private
			 interest in the outcome of the hearing or holds any bias or prejudice which
			 would impair a fair and impartial hearing. All testimony at any hearing before
			 an administrative law judge shall be under oath or affirmation.
(3) The Office of Administrative Hearings
			 shall make an audio, video or stenographic record of the hearing.
(4) The administrative law judge shall
			 conduct and control the hearing. The administrative law judge shall determine
			 the order of the presentation of evidence, administer oaths, examine any
			 witnesses, and may, either on the administrative law judge's own motion or a
			 party's request, exclude witnesses from the hearing room. Parties, or their
			 authorized representatives, shall have the right to give testimony and to call
			 and examine witnesses.
(5) Hearings
			 are not open to the public and are closed to non-participants in the hearing.
			 The administrative law judge may exclude witnesses from the hearing, except for
			 a party, a party's authorized representative, expert witnesses, the agency
			 representative, one agency officer or employee, and any persons authorized
			 below to attend.
(a) An officer or employee of
			 the department may represent the department in a hearing requested under OAR
			 471-070-8005, when authorized by the Attorney General in accordance with ORS
			 183.452 and applicable
			 administrative rules.
(b)
			 Individuals may appear on their own behalf or by an attorney, paralegal worker,
			 legal assistant, union representative, or person otherwise qualified by
			 experience or training. When a party makes a general appearance at a hearing,
			 defects in notice are waived.
(c)
			 Parties that are corporations, partnerships, limited liability companies,
			 unincorporated associations, trusts, or government entities may be represented
			 by an authorized officer, authorized employee, or an attorney.
(d) When a party is not represented at the
			 hearing by an attorney, paralegal worker, legal assistant, union
			 representative, or person otherwise qualified by experience or training, the
			 administrative law judge shall explain the issues involved in the hearing and
			 the matters that the unrepresented party must either prove or disprove. The
			 administrative law judge shall ensure that the record developed at the hearing
			 shows a full and fair inquiry into the facts necessary for consideration of all
			 issues properly before the administrative law judge in the hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8055 - Appeals: Continuance of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the request of a party or on the
			 administrative law judge's own initiative, an administrative law judge may
			 order, orally or in writing, that a hearing be continued.
(2) An administrative law judge may grant a
			 continuance at the request of a party if:
(a)
			 The request is made prior to the issuance of the administrative law judge's
			 decision; and
(b) The party has
			 good cause, as stated in the request, for continuing the hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8060 - Appeals: Office of Administrative Hearings Transmittal of Questions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Questions from
			 the administrative law judge regarding the following issues related to the Paid
			 Family and Medical Leave Insurance program may be transmitted to the
			 department:
(a) The department's
			 interpretation of its rules and applicable statutes; or
(b) Which rules or statutes apply to a
			 proceeding.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8065 - Appeals: Administrative Law Judge's Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After the administrative law judge has
			 given all parties reasonable opportunity for a fair hearing, the administrative
			 law judge shall promptly affirm, modify, or set aside the decision of the
			 department. The administrative law judge shall promptly prepare and serve a
			 written decision to all parties entitled to notice of the administrative law
			 judge's decision, including any dismissal of the request for hearing as
			 provided in OAR 471-070-8070, and the reasons for the decision. In the case of
			 an assessment, the administrative law judge may increase or decrease the amount
			 of the assessment.
(2) The
			 administrative law judge's decision shall be based upon the evidence in the
			 hearing record and upon any stipulated or officially noticed facts. Any
			 findings of fact by the administrative law judge shall be based upon reliable,
			 probative, and substantial evidence.
(3) The administrative law judge may address
			 issues raised by evidence in the record, including but not limited to the
			 claims filed subsequent to issuance of a decision to allow or deny a benefit
			 claim or employer's application for approval of an equivalent plan under ORS
			 657B.210, notwithstanding the
			 scope of the issues raised by the parties or the arguments in a party's request
			 for hearing.
(4) The administrative
			 law judge's decision shall be in an approved form and shall contain:
(a) A caption clearly identifying the
			 parties;
(b) A statement of
			 jurisdiction;
(c) A statement of
			 the issues and law involved;
(d)
			 Evidentiary rulings to include or exclude evidence;
(e) Findings of fact;
(f) Conclusions based upon the findings of
			 fact; or a statement adopting conclusions set forth in the appealed
			 administrative decision; and
(g) A
			 decision setting forth the action to be taken.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8070 - Appeals: Dismissal of Requests for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An administrative law judge may dismiss a
			 request for hearing upon request of the party to withdraw the request for
			 hearing.
(2) An administrative law
			 judge may order that a request for hearing be dismissed upon request of the
			 Director or the authorized representative of the Director after the Director
			 has:
(a) Issued a new or amended
			 determination or decision granting the relief or resolution sought by the party
			 who requested the hearing; or
(b)
			 Withdrawn or cancelled the determination or decision upon which the request for
			 hearing was based.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8075 - Appeals: Reopening of a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After issuance of an administrative law
			 judge's written decision as set forth in OAR 471-070-8065, any party may file a
			 request to reopen the hearing. An administrative law judge may reopen the
			 hearing if the party:
(a) Requesting the
			 reopening failed to appear at the hearing;
(b) Files in writing, within 20 calendar days
			 of the date of mailing or electronic notification of the hearing decision, a
			 request with Office of Administrative Hearings (OAH) and simultaneously provide
			 a copy of the request to the department to reopen; and
(c) Has good cause for failing to appear at
			 the hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8080 - Appeals: Late Request to Reopen Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The period within which a party may
			 request reopening of a hearing may be extended if the party requesting
			 reopening:
(a) Has good cause for failing to
			 request reopening within the time allowed; and
(b) Acts within a reasonable time.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8530 - Good Cause for Failure to File Reports or Pay Contributions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 657B.910 and
			 657B.920 and OAR 471-070-8520,
			 good cause for failure to file all required reports or to pay all contributions
			 due will be found when the employer establishes, by satisfactory evidence, that
			 factors or circumstances beyond the employer's reasonable control caused the
			 delay in filing the required report or paying the contribution due.
(2) In determining good cause under section
			 (1) of this rule, the director may consider all circumstances, but shall
			 require at a minimum, that the employer:
(a)
			 Prior to the date the report or contributions were due, gave notice to the
			 department, when reasonably possible, of the factors or circumstances which
			 ultimately caused the delay;
(b)
			 Filed the required report or paid the contributions due no later than seven
			 calendar days after the date determined by the director to be the date the
			 factors or circumstances causing the delay ceased to exist;
(c) Made a diligent effort to remove the
			 cause of the delay and to prevent its recurrence;
(d) Provided an official police report, or
			 other documentation acceptable to the director or an authorized representative,
			 that was made within 20 calendar days of a criminal act, or discovery of the
			 act, if the delay was due to a criminal act by any party; and
(e) Provided copies of timely filed reports
			 and proof of all related payments to another jurisdiction, if the delay was due
			 to making contributions to the incorrect jurisdiction. Good cause will be
			 considered if, within 30 calendar days of the date the department or employer
			 determines the contributions are due to the Paid Family and Medical Leave
			 Insurance Trust Fund instead of another jurisdiction, the employer filed the
			 required report and paid the contributions due.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-8540 - Penalty Amount When Employer Fails to File Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If an employer fails to file all required
			 reports within the time period described in ORS
			 657B.920(2),
			 the department may assess a late filing penalty in addition to any other
			 amounts due.
(2) The penalty shall
			 be 0.02 percent of the employer's employees total Paid Family and Medical Leave
			 Insurance (PFMLI) subject wages for the late report rounded to the nearest
			 $100. If the penalty is calculated to be less than $100, the amount will be the
			 minimum of $100.
Example: Athena's Yoga and Piyo Studio has 20 employees with
				total PFMLI subject wages for first quarter of 2024 of $120,000. Athena does
				not file the 2024 Oregon Quarterly Tax Report for the first quarter. The
				department sends a written notice warning on May 10, 2024, to Athena's Yoga and
				Piyo Studio, but they do not correct the deficiency by filing the needed
				report. A penalty of $24 (0.0002 x $120,000 PFMLI subject wages) is calculated
				by the department. But since the minimum penalty is $100, the penalty imposed
				by the department is $100.
(3) The penalty assessment becomes final 20
			 calendar days from the date on which the department assessed the late filing
			 penalty, unless the employer files a timely request for hearing as described in
			 OAR 471-070-8005.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.920
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 1 - PROCEDURAL RULES › Section 543-001-0000 - Reasonable Notice

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any rules, the
				State Librarian, Secretary to the Board, shall give notice of the proposed
				adoption, amendment, or repeal:
(1) In
			 the Secretary of State's Bulletin referred to in ORS
			 183.360 at least twenty-one (21)
			 days prior to the effective date.
(2) By mailing a copy of the notice to
			 persons on the State Librarian's mailing list established pursuant to ORS
			 183.335(7) at
			 least 28 days before the effective date of the rule.
(3) By mailing a copy of the notice to the
			 following persons, organizations and publications:
(a) Associated Press;
(b) Association of Oregon Counties;
(c) League of Oregon Cities;
(d) Department of Administrative
			 Services;
(e) Oregon Library
			 Association;
(f) Capitol Press
			 Room.
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 1 - PROCEDURAL RULES › Section 543-001-0005 - Model Rules of Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to provisions of ORS
				183.341,
				the State Library adopts the Attorney General's Model Rules of Procedure as
				amended effective July 2019.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or State
				  Library.
Statutory/Other Authority: ORS
				  183.341  & ORS
				  357.026(1)
Statutes/Other Implemented: ORS
				  183.341
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 1 - PROCEDURAL RULES › Section 543-001-0010 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential;
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation; or
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0003 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following words, when used in Administrative Rules adopted
				by the Oregon State Library Board, shall mean the following:
(1) "Board" means the Oregon State Library
			 Board.
(2) "Chair" means the
			 presiding officer of the Board.
(3)
			 "State Library Resources" are library materials and services to support the
			 informational needs of state government employees, Oregonians with print
			 disabilities and local libraries.
Statutory/Other Authority: ORS 357
Statutes/Other Implemented: ORS
				  357.010(1)(3)
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0016 - Meetings and Notice

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 State Librarian shall follow the procedures established by the Attorney
			 General's Public Meetings and Records Manual, as amended from time to time, for
			 providing notices of Board meetings. Unless the meeting is called exclusively
			 for the purpose of holding an executive session as set forth in ORS
			 192.660, copies of the meeting
			 notices shall be sent to organizations and individuals designated by the
			 Board.
(2) A copy of the notice
			 shall be sent to any organization or individual previously notifying the Chair
			 or the State Librarian of interest in the subject matter to be considered at
			 the meeting.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS 357
Stats. Implemented: ORS
				  357.050
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0017 - Appearances Before the Board

Current through Register Vol. 63, No. 7, July 1, 2024
The policy of the Board is to hold public meetings and to
				permit all persons, groups and organizations having relevant business or
				opinions to appear before them and be heard.
Stat. Auth.: ORS
				  357.015(2)
Stats. Implemented: ORS
				  192.630
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0021 - Eligible Borrowers

Current through Register Vol. 63, No. 7, July 1, 2024
The State Library will lend library materials to:
(1) Legally established public
			 libraries.
(2) Educational
			 institution libraries.
(3) State
			 agencies and their employees.
(4)
			 Print-disabled individuals who are eligible to borrow library materials from
			 the Talking Book and Braille Library.
(5) Individuals with current Oregon addresses
			 who request materials in person at the State Library.
(6) Special libraries (as listed in
			 directories as maintained by Oregon State Library or other standard library
			 directories).
Stat. Auth.: ORS 357.021
Stats. Implemented: ORS 357.026 &
				  357.028
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0022 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  357.015(2)
Stats. Implemented: ORS
				  357.005(2)(c),
				  ORS 357.005(2)(f)
				  & ORS 357.003(2)
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0025 - Loan Periods

Current through Register Vol. 63, No. 7, July 1, 2024
The State Library Board authorizes the State Librarian to set
				loan periods for State Library materials. Loan periods will be available to the
				public in a State Library policy.
Stat. Auth.: ORS
				  357.015(2)
Stats. Implemented: ORS
				  357.015(2)
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0026 - Copying Charges

Current through Register Vol. 63, No. 7, July 1, 2024
The State Library Board authorizes the State Library to charge
				current rates for the following types of copying. The fee schedule will be
				available to the public in a State Library policy.
(1) Photocopies from print publications.
(2) Photocopies from microfilm.
(3) Copies of photographs using a library
			 approved vendor.
(4) Print-outs
			 from electronic resources. Copying charges for state employees and officials on
			 state business are covered by its agency assessments. Fees based on current
			 rates may be charged for copying beyond reasonable levels.
Stat. Auth.: ORS 357.026(1)
Stats. Implemented: ORS
				  357.026(1)
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0030 - Overdue and Lost Materials

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Borrowers will:
(a) Return library materials
			 no later than the due date;
(b)
			 Make full payment for lost materials within 30 days of the date of the bill
			 notice.
(c) Materials borrowed
			 through Interlibrary Loan will be billed in amounts to be determined by the
			 lending library.
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0034 - Hours of Service

Current through Register Vol. 63, No. 7, July 1, 2024
The Oregon State Library Building will be open from 8:00 a.m.
				to 5:00 p.m., Monday through Friday, excepting legal holidays, and may be open
				at other times by special arrangement with the State Librarian. The State
				Library Board authorizes the State Librarian to set times for public access to
				materials and services. Schedules will be available to the public in a State
				Library policy.
Stat. Auth.: ORS
				  357.015(2)
Stats. Implemented: ORS
				  357.012(2)
Oregon Administrative Rules › Chapter 543 - OREGON STATE LIBRARY › Division 10 - ADMINISTRATION › Section 543-010-0035 - Annual Reports

Current through Register Vol. 63, No. 7, July 1, 2024
Not later than October 1 of each year, public libraries shall
				submit statistical and financial information, in conformance with ORS
				357.520, to the
				State Library on the Statistical Report form furnished by the State
				Library.
Statutory/Other Authority: ORS 357
Statutes/Other Implemented: ORS
				  357.520