reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0005 - Week Defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "week" as
			 defined in subsection (10) of ORS 657.010 shall end on Saturday except that
			 where an individual is attached to a regular employer a week may consist of any
			 seven consecutive days approved by the Director. The provisions of this section
			 shall not be construed to allow benefits for a period of less than seven days
			 or for the same period more than once.
(2) Except for purposes of computing total
			 base year wages under ORS 657.150(2) and benefit entitlement under ORS
			 657.150(4), a week is within that calendar quarter which includes the greater
			 part of the week.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.010(10)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0010 - Assignment of Wages

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS 657.150(2) and (4) wages shall be assigned
				to the calendar quarter in which they are paid, in the same manner that taxes
				are payable pursuant to OAR 471-031-0070(1).
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.150(2) &
				  657.150(4)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0012 - Standard Base Year Defined

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS 657.173(1)(b), "standard base year" means a
				regular base year or period that is not expanded in any way.
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0015 - Social Security Account Number

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Each employee in employment subject to
			 the Employment Department Law shall procure a Federal Social Security Account
			 Number and report this number to every employer for whom the employee is
			 engaged in employment.
(2)
			 Employers shall furnish appropriate Social Security Application forms to each
			 employee who does not have an account number.
(3) It shall be the responsibility of the
			 employer that such applications are filed by each such employee within 30 days
			 after the date on which employment begins.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0017 - Defining and Allocating Remuneration, Holidays, and Vacations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The effective
			 date of this rule is June 23, 2021.
(2) Definitions. For purposes of applying ORS
			 657.100 and
			 657.150, and as used in this
			 rule:
(a) "Employment" means:
(A) Being in an employer-employee
			 relationship during a period of time for which remuneration was paid or
			 payable; or
(B) Providing a service
			 or product for cash or cash value.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0020 - Retirement Pay, Allocation of Periodic and Lump Sum Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of ORS 657.205(1) and (2), the Director shall apportion lump sum
			 payments on the basis of the individual's regular rate of pay for full-time
			 employment. For the purposes of this section, full-time employment shall be
			 considered 40 hours of work per week except in those industries, trades or
			 professions where due to practice, custom or agreement the usual work week is
			 other than 40 hours.
(2) Periodic
			 payments paid in other than weekly installments shall be converted in such a
			 way as to achieve the same results as if they were paid in weekly installments.
			 Monthly payments shall be converted to equivalent weekly amounts by multiplying
			 the monthly payments amount by the fraction 12/52 and rounding the result to
			 the nearest multiple of $1.
(3)
			 Except as provided in ORS 657.205(3), an individual who elects to receive
			 retirement benefits in a lump sum payment when the option exists to receive
			 periodic payments during the individual's benefit year shall be considered
			 eligible for periodic payments under 657.205(1). Such lump sum payment shall be
			 apportioned as provided in 657.205(2) and section (1) of this rule and
			 allocated beginning with the first week with respect to which the individual
			 would have been eligible for a periodic payment.
(4) As used in ORS 657.205(3)(b), the term
			 "dislocated worker" has the meaning given in 657.335(1).
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS
				  657.205
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0021 - Allocation of Wages

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 an individual is paid at irregular intervals as described in ORS 657.150(3),
			 the individual shall be considered to have been paid on the first of the month
			 for the time worked the previous month, except that where an agreement provides
			 that the employer shall pay wages at some future date, the date specified by
			 the agreement shall be used for base year wage allocation purposes.
(2) An individual who is paid at least once
			 every 35 days is deemed to have been paid at regular intervals.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.150(3)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0022 - "Full-Time Work" Defined

Current through Register Vol. 63, No. 7, July 1, 2024
"Full-time work," for the purposes of ORS 657.100, is 40 hours
				of work in a week except in those industries, trades or professions in which
				most employers due to custom, practice, or agreement utilize a normal work week
				of more or less than 40 hours in a week.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.100
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0023 - Incapable of Work for the Purpose of Extending the Base Year

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 657.170, "incapable of work" means inability to engage in any gainful
			 occupation solely because of physical or mental defect, disease or injury as
			 verified in writing by a licensed medical or therapeutic practitioner, or other
			 evidence satisfactory to the Director.
(2) For purposes of applying ORS 657.170(2),
			 where the date of the injury and the date on which claimant became temporarily
			 totally disabled are not the same, the three-year time period for seeking a
			 base year extension shall begin at the start of the claimant's period of
			 temporary total disability, not on the date of the injury.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.170
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0025 - Claimant's Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 With all claims, an individual shall furnish the Director with their social
			 security number and other information required for processing their claim. Such
			 information may include, but is not limited to, information pertaining to prior
			 work history, separations from work, current work activity and earnings,
			 licenses or permits held, self-employment, entitlement to pay and allowances of
			 various kinds, work seeking activity, working restrictions, and working
			 ability. With respect to work activity or self-employment during any week
			 claimed, the information required may include the type of work activity, the
			 amount of time devoted to such activity, the gross and net amount of
			 compensation, remuneration, wages, commission, salary, or income, if any,
			 received or expected to be received, and any other factors material to a
			 determination of eligibility for benefits.
(2) The claimant is required to furnish such
			 information required for processing their claim within the time frame provided
			 by the Director or an authorized representative of the Employment Department.
			 Unless the time frame is otherwise defined under Employment Department statute
			 or rule, or is specifically directed otherwise by an authorized representative
			 of the Employment Department, the claimant is required to respond to all
			 requests for information within the following time frames:
(a) For requests for information by letter
			 mailed to the address of record, the claimant shall have five (5) calendar days
			 to respond from the date the letter was mailed. When responding by mail, the
			 date of the response shall be the date of the postmark affixed by the United
			 States Postal Service. In the absence of a postmarked date, the date of the
			 response shall be the most probable date of mailing as determined by the
			 Employment Department.
(b) For
			 requests for information by telephone message, fax, email, or other electronic
			 means, the claimant shall have 48 hours to respond.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0034 - Reemployment Service Assistance and Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In determining under ORS 657.156 whether
			 an individual is likely to exhaust benefits and will need reemployment service
			 assistance to make a successful transition to new employment the Employment
			 Department may consider, but is not limited to, the following criteria:
(a) The individual's job tenure in his/her
			 primary occupation and industry;
(b) The individual's education
			 level;
(c) The individual's
			 reemployment rights (recall status) with his/her regular employer;
(d) Employment conditions in the individual's
			 primary occupation and industry;
(e) The insured unemployment rate in the
			 locality where the individual resides or seeks work.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0035 - Work Registration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 claimant may fulfill the "registered for work" requirements of ORS
			 657.155(1)(a) by completion of such processes as directed by the Director in
			 order to create a full registration for work.
(2) "Full registration for work" as used in
			 this rule, means providing information regarding the individual's job
			 qualifications, skills, training and experience as the Director or an
			 authorized representative of the Director deems necessary to carry out job
			 placement services for the individual.
(3) The provisions of this rule shall not
			 apply to an individual claiming benefits as a "partially unemployed individual"
			 as defined in OAR 471-030-0060.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.155
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0036 - Eligibility Factors

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 considering suitable work factors under ORS
			 657.190 and for purposes of determining eligibility under
			 657.155(1)(c),
			 the Director may require an individual to actively seek the type of work the
			 individual is most capable of performing due to prior job experience and
			 training except that:
(a) If an individual is
			 unable to secure the individual's customary type of work after contacting the
			 potential employers in their labor market or if the individual is unable to
			 meet the requirements of section (3) of this rule, the Director may require the
			 individual to seek less desirable but similar work or work of another type
			 which the individual is capable of performing by virtue of experience and
			 training.
(b) If the type of work
			 an individual is most capable of performing does not exist in the labor market
			 where the individual is claiming benefits, the Director may require the
			 individual to seek any work that exists in the labor market for which the
			 individual is suited by virtue of experience and training.
(c) After the individual has contacted the
			 potential employers in the labor market where benefits are being claimed and is
			 still unable to obtain work as described in (1)(a) and (b) of this section, the
			 Director may require the individual to further expand work-seeking
			 activities.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0037 - Prevailing Rate of Pay

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 the purposes of ORS 657.176(2)(d), and for the purposes of ORS 657.195(1)(b),
			 work is not suitable if the rate of pay is substantially less favorable than
			 the rate prevailing in the locality. A rate of pay is substantially less
			 favorable than the rate prevailing in the locality when the rate of pay is at
			 least ten percent lower than the median rate of pay for similar work in the
			 locality. The median rate of pay prevailing in the locality shall be determined
			 by employees of the Employment Department adjudicating office using available
			 research data compiled by the department.
(2) In applying the provisions of ORS
			 657.176(2)(e), and for the purposes of 657.195(1)(b), if inadequate rate of pay
			 was one of the reasons for refusing to accept new work, the work is not
			 suitable if the rate of pay is substantially less favorable than the rate of
			 pay prevailing in the locality. A rate of pay is substantially less favorable
			 than the rate prevailing in the locality when the rate of pay is at least ten
			 percent lower than the median rate of pay for similar work in the locality. The
			 median rate of pay prevailing in the locality shall be determined by employees
			 of the Employment Department adjudicating office using available research data
			 compiled by the department.
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS 657.176(2)(d), 657.176(2)(e)
				  & 657.195(1)(b)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0039 - Administrative Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Administrative decisions made in compliance with the requirements of ORS
			 657.267 and 657.268 shall be based upon reliable information, gathered as
			 necessary by the authorized representative from the claimant, employers and
			 other sources as appropriate.
(2)
			 Written notice of administrative decisions shall be provided as required in ORS
			 657.267 and 657.268 and shall be personally delivered or mailed to the parties
			 or their authorized agents at their last address of record.
(3) Each administrative decision for which
			 notice is required shall contain, as a minimum:
(a) Identification of the parties;
(b) Identification of the issues, laws and
			 rules involved;
(c) Facts,
			 reasoning and conclusions necessary for clarity and understanding;
(d) A statement allowing or denying
			 benefits;
(e) The date of the
			 decision;
(f) The date the decision
			 becomes final; and
(g) A statement
			 of appeal rights and procedures.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0040 - Initial, Additional, and Reopened Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in these rules, unless the
			 context requires otherwise:
(a) "Claimant" is
			 an individual who has filed an initial, additional, or reopened claim for
			 unemployment insurance purposes within a benefit year or other eligibility
			 period;
(b) An "initial claim" is a
			 new claim that is a certification by a claimant completed as required by OAR
			 471-030-0025  to establish a benefit year or other eligibility period;
(c) "Additional claim" is a claim
			 certification by a claimant completed as required by OAR 471-030-0025  that
			 restarts a claim during an existing benefit year or other eligibility period
			 and certifies to the end of a period of employment;
(d) "Reopened claim" is a certification by a
			 claimant completed as required by OAR 471-030-0025  that restarts a claim during
			 an existing benefit year or other eligibility period and certifies that there
			 was no employment in any week since last reporting on this claim;
(e) "Backdating" occurs when an authorized
			 representative of the Employment Department corrects, adjusts, resets or
			 otherwise changes the effective date of an initial, additional or reopened
			 claim to reflect filing in a prior week. Backdating may occur based upon
			 evidence of the individual's documented contact on the prior date with the
			 Employment Department or with any other state Workforce agency, or as otherwise
			 provided in this rule.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0042 - Good Prospects

Current through Register Vol. 63, No. 7, July 1, 2024
In applying the provisions of ORS 657.325(8), an individual has
				good prospects for obtaining work if the Director finds that the individual
				could be reasonably expected to obtain work in the individual's customary
				occupation within four weeks from the week-ending date of the week in which the
				job referral or job offer was made.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.325(8)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0043 - Customary Occupation

Current through Register Vol. 63, No. 7, July 1, 2024
In applying the provisions of ORS 657.325(8), customary
				occupation means any work that the individual is capable of performing based on
				experience and training with respect to the individual's work history during
				the most recent three-year period prior to the failure to accept an offer of or
				referral to a job.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.325(8)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0044 - Systematic and Sustained Search for Work

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For purposes of ORS 657.325(10), the term
			 "systematic and sustained effort to obtain work" means:
(a) "Systematic effort" is a thorough search
			 for work conducted in accordance with a written plan that is calculated to
			 produce positive results and that has been approved by the Director or the
			 authorized representative.
(b)
			 "Sustained effort" is ongoing work-seeking activity personally performed by the
			 individual within each week for which the individual claims benefits and which
			 is reasonably calculated to obtain work at the earliest possible time. Passive
			 availability alone, including registration with a union or unions, a
			 temporary/leasing agency or agencies or a state workforce agency or agencies,
			 does not meet this standard.
(c) To
			 satisfy the requirements of (a) and (b), above, an individual must perform a
			 more diligent and intense effort to obtain work than that required to satisfy
			 eligibility requirements for regular benefits.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0045 - Continued Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 these rules, unless the context requires otherwise:
(a) "Continued Claim" means an application
			 that certifies to the claimant's completion of one or more weeks of
			 unemployment and to the claimant's status during these weeks. The certification
			 may request benefits, waiting week credit, or non-compensable credit for such
			 week or weeks. A continued claim must follow the first effective week of an
			 initial, additional or reopen claim, or the claimant's continued claim for the
			 preceding week;
(b) A
			 "non-compensable credit week" is a week of unemployment for which benefits
			 [shall] will not be allowed but which may qualify as a week allowed toward
			 satisfying a disqualification as provided in ORS 657.215.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0046 - Non-Cash Remuneration Applicable to Benefit Claims

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the purposes of ORS 657.150(6), room
			 and board and other non-cash remuneration provided to an individual in partial
			 or full satisfaction for services performed, except in agricultural labor or
			 domestic service, shall be considered as remuneration payable. The cash value
			 of such remuneration shall be determined under the provisions of OAR
			 471-031-0055.
(2) "Agricultural
			 labor," as used in this section, means agricultural labor as defined in ORS
			 657.045(3), (4), (5), and (6).
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.150(6)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0048 - Amended Monetary Determinations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual who receives a monetary
			 claim determination under ORS 657.266(2) may request that the determination be
			 amended. The Director upon receipt of such a request will examine wage records
			 submitted to the Department by employers in an attempt to locate wages and/or
			 hours of work alleged by the claimant to be missing. If the discrepancy
			 involves only hours of work and the claimant has provided documentary evidence
			 of hours sufficient to make the claim valid, the Director may issue a
			 redetermination.
(2) If as the
			 result of an investigation additional subject wages or hours of work are made
			 available which either allow a non-valid claim to become valid, or increase the
			 weekly benefit amount of a valid claim, a redetermination will be
			 issued.
(3) If as the result of an
			 investigation all or part of the requested wages or hours of work are not
			 included in the claim determination, the Director will so notify the claimant.
			 If the claimant requested an amended monetary determination as provided in
			 section (1) of this rule within the period specified by ORS 657.266(5), such
			 notice will be given by a determination amending or affirming the initial
			 determination. Such notice shall be subject to appeal as provided in
			 657.266(5).
(4) An employer is
			 affected by an amended determination issued under ORS 657.266(3) if it is found
			 to have paid wages to a claimant, and is potentially affected if a claimant
			 alleges wages were paid to him or her by that employer.
(5) If, during a hearing on an initial or
			 amended determination issued under ORS 657.266(2) or (3), an issue arises as to
			 whether wages at issue were actually paid to claimant by an employer that was
			 not given notice of the initial or amended determination, that employer will
			 become a party to that hearing. If the hearing has already commenced, it will
			 be continued to allow reasonable time for the employer to be notified of the
			 hearing.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.266
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0049 - Lost, Stolen or Destroyed Benefit Checks

Current through Register Vol. 63, No. 7, July 1, 2024
The Director will proceed in the following manner when a
				benefit check has been lost, stolen or destroyed:
(1) For purposes of this rule:
(a) A benefit check is "lost" if the claimant
			 never received an issued check, and the check's whereabouts is unknown or it
			 was received and cannot be found.
(b) A benefit check is "stolen" if the
			 claimant never received an issued check, or it was received and the check was
			 taken or cashed by another without the authorization of the payee, whether or
			 not the other person's identity is known.
(c) A benefit check is "destroyed" if an
			 issued check has not been cashed and has been rendered nonnegotiable.
(d) "Forgery" of a benefit check has the same
			 meaning as provided in ORS 165.007 and further defined in 165.002.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0050 - Benefit Payments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Benefits shall be paid by such method as the Director may approve.
(2) The Employment Department's primary
			 payment method to any individual approved to receive unemployment insurance
			 benefits is electronic funds transfer. "Electronic funds transfer" has the same
			 meaning as provided in ORS 293.525.
(3) Individuals who do not apply for direct
			 deposit will be paid by a stored value card, including but not limited to
			 ReliaCard Visa.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.255
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0051 - Cancellation of Overpayments, Tolerance Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When any amount due to be repaid to the
			 Director under the provisions of ORS 657.310, 657.315 or under any federal
			 benefit or assistance program administered by the Employment Department is less
			 than one dollar, such amount may be determined by the Director to be
			 uncollectible and shall be canceled in accordance with the procedures in
			 657.320.
(2) For the purposes of
			 ORS 657.320(1), "the state maximum weekly benefit amount then in effect" means
			 the state maximum weekly benefit amount in effect on the date three years after
			 the date the decision establishing the improper payment became final.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.310, 657.315 &
				  657.320
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0052 - Misrepresentation Disqualification

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 authorized representative of the Employment Department shall determine the
			 number of weeks of disqualification under ORS 657.215 according to the
			 following criteria:
(a) When the
			 disqualification is imposed because the individual failed to accurately report
			 work and/or earnings, the number of weeks of disqualification shall be
			 determined by dividing the total amount of benefits overpaid to the individual
			 for the disqualifying act(s), by the maximum Oregon weekly benefit amount in
			 effect during the first effective week of the initial claim in effect at the
			 time of the individual's disqualifying act(s), rounding off to the nearest two
			 decimal places, multiplying the result by four rounding it up to the nearest
			 whole number.
(b) When the
			 disqualification is imposed because the disqualifying act(s) under ORS
			 657.215relates to the provisions of 657.176, the number of weeks of
			 disqualification shall be the number of weeks calculated in the same manner as
			 under subsection (a) above, or four weeks, whichever is greater.
(c) When the disqualification is imposed
			 because the disqualifying act(s) relates to the provisions of ORS 657.155(other
			 than work and/or earnings), the number of weeks of disqualification shall be
			 the number of weeks calculated in the same manner as under subsection (a)
			 above, or the number of weeks in which a disqualifying act(s) occurred,
			 whichever is greater.
(d) When the
			 disqualification is imposed because the disqualifying act(s) under ORS
			 657.215relates to the provisions of 657.176 and a failure to accurately report
			 work and/or earnings, the number of weeks of disqualification shall be the
			 number of weeks calculated in the manner set forth in subsection (a) plus four
			 weeks.
(e) When the
			 disqualification is imposed because the disqualifying act(s) relates to the
			 provisions of ORS 657.155 (other than work and/or earnings) and a failure to
			 accurately report work and/or earnings, the number of weeks of disqualification
			 shall be the number of weeks calculated in the manner set forth in subsection
			 (a) plus the number of weeks in which a disqualifying act(s) occurred relating
			 to the provisions of 657.155 (other than work and earnings).
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0053 - Waiving Recovery of Overpayments

Current through Register Vol. 63, No. 7, July 1, 2024
(1)  The effective date of this rule is June 23, 2024.
(2)  This rule addresses waiving recovery of overpayments
				pursuant to ORS 657.317.
(3)  Overpayments will be waived if recovery of benefits is
				against equity and good conscience based on the following criteria
(a)  Automatic waiver criteria, the individual has claimant
				non-fault overpayment and
(A)  Has reported wages in the last four quarters that are less
				than or equal to 300% of the federal poverty level for a family of four,
				OR
(B)  Is a recipient of Temporary Assistance for Needy Families
				(TANF) within the 60 days prior to establishing the overpayment.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0054 - Theft Cases

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of satisfying ORS 657.176(3)(b), any person, party
				or entity may present the Employment Department with the written
				admission.
Statutory/Other Authority: ORS 657.610
Statutes/Other Implemented: ORS
				  657.176
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0055 - Continuous Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In
			 accordance with the provisions of subsection (2) of ORS 657.290, the following
			 employees are designated by the Director as having the authority to act for and
			 in the name of the Director in matters of reconsideration and correction of
			 decisions and claims, to the full extent provided in subsections (1) and (2) of
			 ORS 657.290:
(a) Assistant Director for
			 Unemployment Insurance;
(b) Manager
			 of Benefits.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0056 - Investigatory Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Investigators or their supervisors may issue and cause to be served subpoenas
			 which compel the attendance of witnesses, order the production of any books,
			 papers, contracts, accounts, records, documents or other physical evidence, or
			 both, as described in but not limited to information in ORS 657.660, in the
			 possession of any person, company or corporation. Such subpoenas shall relate
			 to a scheduled hearing or pertain to the discovery of information necessary to
			 carry out the Employment Department's statutory duties.
(2) In connection with subpoenas issued
			 pursuant to this rule, no witness fees or mileage shall be paid other than for
			 attendance at a scheduled hearing. When witness fees and mileage are payable
			 pursuant to this rule, payment shall be made in the same manner and subject to
			 the same conditions as provided for in OAR 471-040-0020(6) and (7).
(3) An employer, employing unit, company or
			 corporation that fails to comply with a subpoena in accordance with ORS 657.660 and this rule, shall be subject to the penalty provided in
			 657.990(4).
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS 657.660 &
				  657.990
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0057 - Payment of Benefits Due a Deceased Person

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any individual who requests receipt of
			 benefits due a deceased person in accordance with ORS 657.255(2) will be
			 required by the Director to complete a notarized affidavit attesting to the
			 death of the claimant and to the individual's relationship to the
			 claimant.
(2) If there is no
			 surviving spouse and benefits are requested by one or more surviving children,
			 the child requesting the benefits must furnish the Director, in addition to the
			 affidavit required in section (1) of this rule, with statements signed by each
			 of the other surviving children authorizing payment to the petitioning child.
			 The statement(s) may be waived if the petitioner can demonstrate to the
			 satisfaction of the Director that there are no other surviving children or that
			 any other surviving child or children cannot be located.
(3) If there is no surviving spouse and no
			 surviving children and benefits are requested by either the claimant's mother
			 or father, the petitioner must furnish the Director, in addition to the
			 affidavit required in section (1) of this rule, a signed statement by the other
			 parent authorizing payment to the petitioning parent. The statement may be
			 waived if the petitioner can demonstrate to the satisfaction of the Director
			 that the other parent is deceased or cannot be located.
(4) No benefit checks will be reissued to
			 survivors other than those listed in sections (1), (2), or (3) of this rule. In
			 the absence of a valid petition, the benefit check(s) will be canceled and the
			 monies permanently returned to the benefit fund.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.255
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0058 - Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Oregon Employment Department may submit liquidated unemployment insurance
			 overpayments and delinquent taxes for offset against federal tax refunds and
			 federal non-tax payments through the "Treasury Offset Program" under
			 26 USC
			 6402(f) and
			 31 CFR
			 285.8. For purposes of this rule, "liquidated" means legally enforceable
			 because:
(a) The liability is assessed by the
			 department;
(b) The department has
			 made written demand for payment of the liability;
(c) The debtor is not in bankruptcy;
			 and
(d) All relevant appeal periods
			 for contesting the liability have expired.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0060 - Procedure for Payment of Benefits for Partial Unemployment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 these rules, a partially unemployed individual is one who:
(a) Has been working full time and remains
			 attached to their usual and regular employer; and
(b) Now works some but less than their
			 customary full time hours for such employer because of lack of full time
			 work;
(c) Has earnings less than
			 their weekly benefit amount; and
(d) Expects to return to full time work for
			 such employer.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0065 - Discretionary Filing Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Pursuant to the provisions of ORS 657.155(1)(a) and to support the policy of
			 prompt payment of benefits when due, the Director may discretionally authorize
			 the use of special or alternative forms and procedures for filing unemployment
			 insurance claims under any of the following conditions:
(a) Mass layoffs from employment;
(b) Irregular working schedules;
(c) Plant, factory, firm, or business
			 closure;
(d) Extraordinary weather
			 conditions;
(e) Damage or
			 impairment to Employment Department facilities;
(f) Disaster;
(g) Petroleum fuel shortages; or
(h) Other unusual conditions.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0071 - Benefit eligibility during a declared emergency

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided, the provisions of this rule apply
				retroactively, beginning September 13, 2020.
(1) During a state of emergency declared by
			 the Governor under ORS
			 401.165,
			 or a public health emergency declared under ORS
			 433.441,
			 the Director of the Employment Department may waive, otherwise limit, or modify
			 the requirements of OAR 471-030-0036, 471-030-0038, and 471-030-0053.
(2) To the extent reasonably possible the
			 Department shall give public notice of the new requirements. The public notice
			 shall include the effective dates for the new requirements.
(3) The new requirements may not extend
			 beyond 90 days from the end of the state of emergency or public health
			 emergency.
Statutory/Other Authority: ORS
				  657.610
Statutes/Other Implemented: ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0074 - School Employees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 effective date of this rule shall apply retroactively to September 1,
			 2021.
(2) An "academic year" is the
			 time frame within 12 months and separated by break periods in which an
			 educational institution, program(s) within an educational institution, or
			 location(s) of an educational institution ordinarily operates to provide
			 courses of study.
(3) The
			 provisions of 657.221 (5) shall apply when the individual performs the majority
			 of their job duties in the occupation while working in the industry classified
			 as educational services.
(4) ORS
			 657.167 and
			 657.221 apply when the individual claiming benefits was not unemployed, as defined by
			 ORS
			 657.100,
			 during the relevant period in the preceding academic year or term. The relevant
			 period is:
(a) The week prior to the holiday
			 or vacation period when the week(s) claimed commenced during a holiday or
			 vacation period.
(b) The prior
			 academic year or term when the week(s) claimed commenced during a customary
			 recess period between academic terms or years, unless there is a specific
			 agreement providing for services between regular, but not successive
			 terms.
(c) The last academic year
			 or term when the week(s) claimed commenced during a recess between
			 non-consecutive academic terms or years when there is a specific agreement
			 providing for services between regular, but not successive terms.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0075 - Contract or reasonable assurance defined

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The following must be present before
			 determining whether an individual has a contract or reasonable assurance:
(a) There must be an offer of employment,
			 which can be written, oral, or implied. The offer must be made by an individual
			 with authority to offer employment.
(b) The offer of employment during the
			 ensuing academic year or term must be in the same or similar capacity as the
			 service performed during the prior academic year or term. The term 'same or
			 similar capacity' refers to the type of services provided: i.e., a
			 'professional' capacity as provided by ORS
			 657.167 or a 'nonprofessional'
			 capacity as provided by ORS
			 657.221.
(c) The economic conditions of the offer may
			 not be considerably less in the following academic year, term or remainder of a
			 term than the employment in the first year or term. The term 'considerably
			 less' means the employee will not earn at least 90% of the amount, excluding
			 employer paid benefits, than the employee earned in the first academic year or
			 term, or in a corresponding term if the employee does not regularly work
			 successive terms (i.e. the employee works spring term each year).
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0076 - Benefits for Athletes

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As
			 used in ORS 657.186, "any services, substantially all of which consist of
			 participating in sports or athletic events" means all services performed by an
			 individual in any subject employment during their base year if such individual
			 was engaged in remunerative sports or athletic events for 90 percent or more of
			 the total time spent in subject employment during such base year.
(2) As used in this section, "participating
			 in sports or athletic events" means any services performed in an athletic
			 activity by an individual as:
(a) A regular
			 player or team member;
(b) An
			 alternate player or team member;
(c) An individual in training to become a
			 regular player or team member;
(d)
			 An individual who, although performing no active services, is retained as a
			 player or team member while recuperating from illness or injury.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0077 - Benefits for Aliens

Current through Register Vol. 63, No. 7, July 1, 2024
(1) With
			 respect to the application of the provisions of ORS 657.184, any data or
			 information required of an applicant to obtain verification as to the
			 individual's status as an alien or a citizen shall, on the initial claim
			 application, be uniformly applied to all individuals applying for benefits or
			 for a determination of benefit rights, regardless of ethnic, racial, or
			 linguistic characteristics of the applicant.
(2) When the determination that benefits are
			 not to be paid is based upon a finding that an individual does not meet the
			 requirements of ORS 657.184, such findings must be supported by a preponderance
			 of the evidence.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.184
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0079 - Shared Work Plans and Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The beginning
			 date for a shared work plan shall be no earlier than the week after the plan is
			 approved.
(2) An initial claim for
			 shared work benefits is effective the week filed. An initial claim for shared
			 work benefits submitted prior to the start week of the employer's shared work
			 plan will be filed effective the week the employer's shared work plan becomes
			 effective.
(3) When an incomplete
			 form is submitted by the employer, the Employment Department shall send a
			 request for information to the employer. If the requested information is
			 supplied by the employer within seven calendar days of the date of the request,
			 the date on the original form will be honored.
(4) If an employee's work schedule is reduced
			 by more than 50% in a week covered by a shared work plan, the employee may use
			 hours from other paid time, such as vacation time, to bring the work hour
			 reduction within the 10% to 50% range required to receive shared work
			 benefits.
(5) As determined by the
			 Department, paid time used for the purposes of serving jury duty, bereavement
			 leave, the employee being sick, caring for a member of the employee's immediate
			 family who is sick, or in response to a declared emergency as defined in OAR
			 471-030-0071  shall count as hours worked during the week. However, this does
			 not apply when the employee misses an opportunity to work for other reasons.
(a) Example 1: An employer's shared work plan
			 reduces the regular working hours from 40 hours to 20 hours per week (a
			 reduction of 50%). The employer has 20 hours of work available but the employee
			 misses a day of work to provide care for an immediate family member who is
			 sick. The employee may use paid time for the day to bring them within the 10%
			 to 50% range required to receive shared work benefits.
(b) Example 2: An employer's shared work plan
			 reduces regular working hours from 40 hours to 20 hours per week (a reduction
			 of 50%). The employer has 20 hours of work available but the employee does not
			 work some of the available hours because they traveled out of state for
			 vacation purposes. The employee missed an opportunity to work and cannot use
			 other paid time to bring their work hour reduction within the 10% to 50%
			 required to receive shared work benefits.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0080 - Career and Technical Training

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Career and technical training, as defined
			 in ORS 657.335, shall not be approved by the Director unless the public or
			 private institution, school, or agency offering such program is certified or
			 licensed by the Oregon State Board of Education, the Superintendent of Public
			 Instruction, the Oregon Workforce Investment Board, or another Oregon State
			 agency authorized to grant such certification or license or an equivalent state
			 agency in the state where the training is to be provided.
(2) Career and technical training shall not
			 be approved by the Director if the Director finds that the planned curriculum
			 of classes and course activity is less than the equivalent of full-time student
			 status as defined by the training provider. The Director may waive this
			 requirement if:
(a) Classes needed to
			 complete the training are not available to the individual; or
(b) The number of classes needed to complete
			 the training is less than the equivalent of a full-time
			 schedule.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 30 - UNEMPLOYMENT INSURANCE BENEFITS AND CLAIMS › Section 471-030-0081 - Relief of Charges to Employers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For the purposes of ORS 657.471(7)(a)(B), the "most recent separation from the
			 employer" means the latest separation from such employer at the time notice of
			 an initial valid determination of a claim filed by an individual is mailed to
			 the employer's last known address as shown by the records of the Employment
			 Department.
(2) The effective date
			 for implementing this rule shall apply retroactively, beginning October 7,
			 2013.
Statutory/Other Authority: ORS 657
Statutes/Other Implemented: ORS
				  657.471(7)