reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 220 - MULTI-JURISDICTIONAL SIMULCASTING AND INTERACTIVE WAGERING TOTALIZATOR HUB › Section 462-220-0080 - Distribution of Receipts from Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hubs

Current through Register Vol. 63, No. 7, July 1, 2024
From the payments made to the Oregon Racing Commission by
				Multi-Jurisdictional Simulcasting and Interactive Wagering Totalizator Hubs per
				ORS 462.725(4)(b), the commission shall:
(1)  Transfer to the State General Fund 25% of the
				receipts;
(2)  Retain 75% in the agency's cash account. Of the retained
				money, the commission may distribute it for the benefit of the Oregon
				pari-mutuel racing industry as follows:
(a)  First, to race meets licensed under ORS 462.057 in the
				amounts necessary, in the commission's judgment, to allow an appropriate race
				meet with an appropriate purse level;
(b)  Second, if there are funds remaining, to any entity in the
				Oregon pari-mutuel racing industry, after the receipt of a petition submitted
				to the commission, for purposes that benefit members of the pari-mutuel
				industry.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 220 - MULTI-JURISDICTIONAL SIMULCASTING AND INTERACTIVE WAGERING TOTALIZATOR HUB › Section 462-220-0090 - Enforcement

Current through Register Vol. 63, No. 7, July 1, 2024
All proceedings against an applicant or licensed hub shall be
				before the Commission.
Stat. Auth.: ORS
				  462.270(3)
				  & 462.725
Stats. Implemented: ORS
				  462.405
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 230 - TOTALIZATORS › Section 462-230-0010 - Totalizator Licensing Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Totalizator company transacting any
			 business within the State of Oregon shall first obtain a license from the
			 Oregon Racing Commission. As a condition of licensing, or annual license
			 renewal, the license application shall include the following:
(a) The applicant's legal name;
(b) A list of personnel assigned to work in
			 this jurisdiction and their current license numbers issued by the Oregon Racing
			 Commission;
(c) Disclosure of all
			 officers, directors, partners, and shareholders with at least a five percent
			 share of ownership or beneficial interest;
(d) A completed Oregon Racing Commission
			 Personal History Record application for any individual requiring disclosure
			 under subsection (1)(c);
(e)
			 Documentation that the applicant and/or parent company is registered to do
			 business in the State of Oregon. If the applicant and/or parent company is not
			 required to be registered to do business in the state of Oregon an explanation
			 is to be included;
(f) A chart
			 illustrating the organizational structure, including reporting lines;
(g) A list of all jurisdictions in which the
			 company is operating.
(h) A
			 disaster recovery plan that will ensure that the Totalizator may continue to
			 conduct pari-mutuel wagering within a reasonable peroid of time. "Reasonable"
			 shall be determined by the Commission taking into consideration the type of
			 natural or man-made disaster that results in the disaster recovery plan being
			 invoked.
Oregon Administrative Rules › Chapter 462 - OREGON RACING COMMISSION › Division 230 - TOTALIZATORS › Section 462-230-0020 - General Totalizator Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Totalizator companies providing service
			 within the state of Oregon shall meet the following requirements:
(a) Agreement to facility inspections and
			 verification by the commission;
(b)
			 Agreement to testing of hardware and software as may be directed by the Oregon
			 Racing Commission;
(c) Agreement to
			 provide information upon request by the commission.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0200 - Statement of Purpose and Statutory Authority

Current through Register Vol. 63, No. 7, July 1, 2024
Purpose. These rules control the Department's acquisition of
				information about a subject individual's criminal history through criminal
				records checks or other means and its use of that information to determine
				whether the subject individual (SI) is fit to provide services to the
				Department as an employee, contractor, subcontractor, vendor or volunteer in a
				position or assignment covered by ORS
				181A.200.
Stat. Auth.: ORS
				  181A.195,
				  181A.200
Stats. Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authorized
			 Designee" means a Department employee authorized to obtain and/or review
			 criminal offender information and other records about a subject individual
			 through criminal records checks and other means, and to conduct a fitness
			 determination in accordance with these rules.
(2) "Department" means the Oregon Employment
			 Department (OED) or any subdivision thereof.
(3) "Family Member" means a spouse, domestic
			 partner, natural parent, foster parent, adoptive parent, stepparent, child,
			 foster child, adopted child, stepchild, sibling, stepbrother, stepsister,
			 father-in-law, mother-in-law, son-in-law, daughter-in-law, brother-in-law,
			 sister-in-law, grandparent, grandchild, aunt, uncle, niece, nephew or first
			 cousin.
(4) "Subject Individual"
			 means an individual identified in ORS
			 181A.200 as someone from whom
			 the Department may require fingerprints for the purpose of conducting a
			 criminal records check.
(5) See OAR
			 125-007-0210  for additional definitions.
Stat. Auth.: ORS
				  181A.195,
				  181A.200184.340 & 184.365
Stats. Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0280

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  181.534,
				  181.537 &
				  657.610
Stats. Implemented: ORS
				  181.534(9)
				  & 181.534
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0285 - Agency Representation

Current through Register Vol. 63, No. 7, July 1, 2024
The Director shall designate an authorized representative of
				the department to participate in hearings conducted pursuant to OAR
				125-007-0270.
Stat. Auth.: ORS
				  181A.195,
				  657.610
Stats. Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0300 - Authorized Designees

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Appointment.
(a) The Department Director or
			 the Director's designee shall designate positions within the Department as
			 including the responsibilities of an authorized designee.
(b) Appointment to one of the designated
			 positions shall be contingent upon an individual being approved under the
			 Department's criminal records check and fitness determination
			 process.
(c) Appointments shall be
			 made by the Department Director or the Director's designee at his or her sole
			 discretion.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 7 - CRIMINAL RECORDS CHECK AND FITNESS DETERMINATION RULES › Section 471-007-0310 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 may charge a fee for acquiring criminal offender information for use in making
			 a fitness determination. In any particular instance, the fee shall not exceed
			 the fee(s) charged the Department by the Oregon Department of State Police and
			 the Federal Bureau of Investigation to obtain criminal offender information on
			 the subject individual.
(2) The
			 Department may charge the fee to the subject individual on whom criminal
			 offender information is sought, or, if the subject individual is an employee of
			 a Department contractor or vendor and is undergoing a fitness determination in
			 that capacity, the Department may charge the fee to the subject individual's
			 employer.
(3) The Department shall
			 not charge a fee if the subject individual is a Department employee or an
			 applicant for employment with the Department.
Stat. Auth.: ORS
				  181A.195,
				  181A.200
Stats. Implemented: ORS
				  181A.195
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 8 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 471-008-0000 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The 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 ORS 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; or
(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.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0005 - Director

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these rules and unless the context requires
				otherwise, the title "Administrator" or "Assistant Director" means the Director
				of the Employment Department of the State of Oregon. Where appropriate,
				"Administrator" or "Director" shall also mean any duly authorized
				representative of the Director.
Stat. Auth.: ORS
				  657.176, ORS
				  657.260, ORS
				  657.265 & ORS
				  657.610
Stats. Implemented: ORS
				  657.010(5)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0010 - Rules Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
Prior to the adoption, amendment, or repeal of any permanent
				rule, the Employment Department 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 providing a copy of the notice to
			 persons on the Employment Department's mailing list established pursuant to ORS
			 183.335(7)
			 at least twenty-eight (28) days prior to the effective date.
(3) By providing a copy of the notice to the
			 legislators specified in ORS
			 183.335(15)
			 of this section at least 49 days before the effective date.
(4) By providing a copy of the notice to news
			 agencies, to a newspaper of statewide circulation, and other members of the
			 media who have requested notification.
Statutory/Other Authority: ORS
				  183.335,
				  657.260,
				  657.265  - 657.270, 657.335, 657.610 & Ch. 729 & OL 1993
Statutes/Other Implemented: ORS
				  183.335  & 183.360
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0015 - Effective Date of Administrative Rule Adoptions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless otherwise provided in this
			 Chapter, the rules in effect at the time an individual files a claim for
			 benefits shall be applied to issues associated with that claim for
			 benefits.
(2) For purposes of this
			 rule, a "claim for benefits" includes an initial, additional or continued
			 claim.
Stat. Auth.: ORS
				  657.167, ORS
				  657.260, ORS
				  657.265 & ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0020 - Attorney General's Model Rules

Current through Register Vol. 63, No. 7, July 1, 2024
Division 1 of the Attorney General's Model Rules of Procedure
				effective January 1, 2008, shall be applicable to rulemaking functions of the
				Employment Department.
The full text of the Attorney General's Model Rules of
				  Procedure is available from the office of the Attorney General or Employment
				  Department.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 &
				  183.341
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0025 - Exemption from Summary Determination

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to OAR 137-003-0580(4), the Oregon Employment
				Department is exempt from Motion for Summary Determination process under the
				Administrative Procedures Act.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0030 - Repealing Existing Rules

Current through Register Vol. 63, No. 7, July 1, 2024
All existing Employment Department rules, save and except OAR
				471-010-0010  adopted December 29, 1975, heretofore adopted are repealed. Such
				repeal, however, does not affect nor impair any act done, right acquired, or
				duty imposed prior to the effective date of these rules.
Previous OAR 471-010-0005  through 471-042-0015, repealed by
				  Administrative Order 1DE 150, consisted of 1DE 145, 1DE 146, 1DE 147, and 1DE
				  148.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0040 - Filing Timely Notices

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Except as specifically provided or prohibited in OAR 471-040-0005  and in this
			 rule, when an individual or employing unit is required by ORS Chapter 657, or
			 the rules adopted pursuant thereto, to file a notice, request, appeal,
			 application, payment, report, tax election, claim, or any other document within
			 a specified time, such individual or employing unit may file such document by
			 personal delivery or by mail to any office of the Employment Department in
			 Oregon or similar employment office in any other state. Except for payments and
			 tax reports, all notices, requests, appeals, applications, tax elections, or
			 any other document may be filed by fax.
(2) When the document is filed by mail, the
			 date of filing shall be the postmarked date affixed by the U.S. Postal Service,
			 or in the absence of a postmarked date, the most probable date of mailing as
			 determined by the Director, unless otherwise provided in ORS chapter 657 or OAR
			 chapter 471.
(3) When the document
			 is filed by fax, the date of filing shall be the encoded date on the fax
			 document unless such date is absent, illegible, improbable or challenged, in
			 which case the fax receipt date, if available, shall be the date of filing. If
			 a filing date cannot otherwise be determined, the most probable date of faxing
			 as determined by the Employment Department, shall be the date of
			 filing.
(4) When the document is
			 filed by any other means, the date of filing shall be the date of delivery, as
			 evidenced by the receipt date stamped or written by the employee of the
			 Employment Department, Office of Administrative Hearings or Employment Appeals
			 Board who receives the document.
(5) When an individual or employing unit is
			 entitled to notice of an action or decision by the director or authorized
			 representative, the notice may be delivered in person or by first class mail.
			 Unless otherwise provided in ORS chapter 657 or OAR chapter 471, if the notice
			 is mailed, the notice is considered served on the date it is deposited with the
			 U.S. Postal Service, addressed to such individual or employing unit at the last
			 address known to the Director.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0045 - Witness Qualification

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS Chapter 657 any witness appearing for
				the Employment Department, who is an employee of the department:
(1) Is considered to be a duly authorized
			 agent of the director; and
(2) Is
			 considered, by virtue of their employment, to be qualified to testify in an
			 administrative hearing as to the actions taken by the department that resulted
			 in the proceeding in which they are testifying.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0060 - Reimbursable Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
The current Oregon Administrative Rules adopted by the
				Department of Administrative Services of the State of Oregon with respect to
				official travel and other reimbursable expenses and filed with the Secretary of
				State are adopted as the rules and regulations applicable to the Employment
				Department, except that in all cases in which there may be a conflict between
				these rules and the current rules and regulations promulgated by the United
				States Secretary of Labor as set forth in the
Bureau of Employment
				Security Manual
(Employment and Training Administration) governing
				official travel and reimbursable expenses, the rules and regulations as set
				forth in the
Bureau of Employment Security Manual
(Employment and
				Training Administration) shall prevail.
Publications: Publications referenced are available from the
				  agency.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0070 - Workforce Investment Act Methods of Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Employment Department will comply
			 with the equal opportunity and nondiscrimination provisions of Section 188 of
			 the federal Workforce Investment Act and  29 CFR part 37  with respect to all
			 programs and activities conducted as part of the Oregon One-Stop delivery
			 system. This includes staff and employment practices of the staff responsible
			 for implementing and administering the Workforce Investment Act's programs and
			 activities.
(2) Definitions: As
			 used in OAR 471-010-0070, unless the context requires otherwise:
(a) "Investigative activities" means those
			 activities outlined in the Methods of Administration necessary to process a
			 Methods of Administration complaint;
(b) "Methods of Administration" means the
			 documentation filed with the Federal Department of Labor to provide a
			 reasonable guarantee of Oregon's compliance with the Americans with Disability
			 Act, Section 504 of the Rehabilitation Act of 1973 (amended), Section 188 of
			 the Workforce Investment Act, and  29 CFR Part 37 ;
(c) "Monitoring requirements" means those
			 activities outlined in the Methods of Administration necessary to ensure
			 compliance with the Methods of Administration;
(d) "One-Stop delivery site" means a
			 Workforce Investment Act center designated by a local board, and other
			 certified centers recognized in the Memoranda of Understanding;
(e) "Workforce Investment Act" means the
			 federal Workforce Investment Act of 1998 as codified in
			 Public Law
			 105-220.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0085 - Responsibility of Employment Department Staff

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department staff must safeguard the
			 confidentiality of information collected or obtained and disclose only
			 information about the customer that is authorized by law or that is necessary
			 to administer ORS Chapter 657 and Chapter 657A.
(2) Department staff and any other entities
			 or individuals with access to Employment Department information are authorized
			 to access confidential information only on a "need to know" basis, as needed to
			 perform official duties.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.665
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0090 - Disclosure Charges

Current through Register Vol. 63, No. 7, July 1, 2024
The department may charge a reasonable fee to reimburse it for
				the cost of providing records, including the cost of preparing the information
				and costs associated with implementing and maintaining written disclosure
				agreements.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.665
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0100 - Information Collection

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department shall only collect and maintain customer information that is
			 relevant and necessary to administer ORS Chapter 657 and Chapter
			 657A.
(2) In addition to the
			 mandatory disclosure of social security numbers required under OAR
			 471-030-0025, the department may request that customers voluntarily provide
			 their social security number to facilitate program administration, including
			 research and statistical data or for such other purposes as are disclosed to
			 the customer. The department shall not refuse to provide a benefit or service
			 to any customer that refuses a voluntary request to provide his or her social
			 security number.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.665
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0105 - General Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 department is authorized to disclose confidential information or records to
			 non-governmental entities if the non-governmental entity enters into a written
			 disclosure agreement with the department that:
(a) Requires the non-governmental entity to
			 obtain a written release from the individual or business to whom the
			 information pertains, containing the following:
(A) A statement specifically identifying the
			 information that is to be disclosed;
(B) Notice that state government files will
			 be accessed to obtain the information;
(C) A statement identifying the specific
			 purposes for which the information is sought, which must be limited to
			 providing a service or benefit to the individual or business signing the
			 release or carrying out administration or evaluation of a public
			 program;
(D) A statement that
			 information obtained under the release will only be used for that purpose or
			 purposes; and
(E) A statement
			 identifying all the parties who may receive the information;
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0110 - Unemployment Insurance Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department is authorized to disclose
			 confidential information or records necessary to prepare for a pending hearing
			 to the extent necessary for the proper presentation of an Oregon Unemployment
			 Insurance benefit claim at a hearing before an Administrative Law Judge, once a
			 request for hearing has been filed.
(2) The department is authorized to disclose
			 confidential information or records necessary to prepare for a review arising
			 under a state or federal program administered by the department to a party or
			 agent of a party.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.665
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0111 - Unemployment Insurance Tax Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
The department may disclose confidential Tax information
				pertaining to an employing unit to employees of the employing unit or agents
				thereof if both of the following conditions are met:
(1) The employing unit provides informed
			 consent authorizing the disclosure, or the employee or agent provides the
			 department with reasonable assurance that they are acting with the informed
			 consent of the employing unit, and.
(2) The identity of the person receiving the
			 information has been established with reasonable assurance.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.665
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0115 - Business and Employment Services Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department is authorized to disclose
			 confidential customer information or records to one-stop delivery system
			 partners if:
(a) A written disclosure
			 agreement exists between the Employment Department and one-stop delivery system
			 partner addressing confidentiality and authorized uses of the customer
			 information;
(b) The request is
			 based on the one-stop delivery system partner's "need to know" to perform
			 official duties of their program;
(c) The customer whose information or records
			 are being disclosed has provided informed consent authorizing that the
			 information may be shared or disclosed; and
(d) Notice is provided that a consent, or
			 authorization, is on file or secured electronically within the workforce
			 system.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0120 - Workforce and Economic Research Disclosures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Department staff may share confidential
			 information with public agencies for purposes of governmental planning,
			 performance measurement, program analysis, socio-economic analysis, and policy
			 analysis, if a written disclosure agreement is in place and if the requesting
			 entity agrees to pay the costs of providing such information.
(2) Department staff may share confidential
			 information with consultants and contractors working on specific projects for
			 public agencies if those projects are for the purposes of governmental
			 planning, performance measurement, program analysis, socio-economic analysis,
			 and policy analysis; if a written disclosure agreement is in place between the
			 Employment Department, the public agency, and the consultant or contracting
			 firm; and if the requesting entity agrees to pay the costs of providing such
			 information.
(3) Unless
			 specifically noted elsewhere in ORS
			 657.665 or in this Rule,
			 "governmental planning, performance measurement, program analysis,
			 socioeconomic analysis and policy analysis functions" do not authorize the
			 disclosure of confidential information:
(a)
			 For purposes of mass mailings or marketing;
(b) That was collected by way of surveys
			 conducted for statistical purposes, including those conducted in collaboration
			 with the U.S. Bureau of Labor Statistics;
(c) For program eligibility or enforcement
			 purposes; or
(d) Regarding
			 individual persons, unless those persons have given their informed consent for
			 such disclosure.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 10 - ADMINISTRATIVE SERVICES GENERAL AND INTERNAL RULES › Section 471-010-0125 - Customer Information and Disclosure: Audit Authority and Written Agreements With Entities Having Access to Employment Department Information

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All written
			 agreements with entities other than the Internal Revenue Service and "Hosted
			 Workers" that have access to Employment Department information shall stipulate
			 that, no less than once a year, the entity shall conduct an audit of the
			 processes by which the entity implements the agreement(s). The audits shall
			 include, but are not limited to:
(a) How
			 access to Employment Department information is granted;
(b) How access to Employment Department
			 information is controlled;
(c) Why
			 access to Employment Department information is granted, based on OAR
			 471-010-0105  & ORS
			 657.665;
(d) Who is authorized to grant & revoke
			 access to Employment Department information;
(e) What specific programs within the entity
			 need access to Employment Department information;
(f) Which specific positions within the
			 programs referenced in OAR 471-010-0125(1)(e)  need access to Employment
			 Department information;
(g) What
			 specific information within the Employment Department information is
			 needed;
(h) Whether access to
			 Employment Department information is granted to contractors, who the contractor
			 is, and why the contractor is being given access; and
(i) What "informed consent" if any, the
			 entity uses when gathering information from its customers.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 12 - INTERAGENCY SHARED INFORMATION SYSTEM › Section 471-012-0005 - Interagency Shared Information System Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Interagency Shared Information System was established for
				the purpose of collecting, analyzing and sharing statistical and demographic
				data to facilitate strategies for improving the education, training and
				employment programs related to enhancing Oregon's workforce system. The
				Interagency Shared Information System shares aggregate information with
				participants to allow each participant to develop and evaluate policy and
				measure performance. The information in the Interagency Shared Information
				System is exclusively for program and workforce system analysis purposes. The
				information in the Interagency Shared Information System is not a public record
				for purposes of ORS 192.410 to
				192.505.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & OL 2001 ch. 524
				  (SB 400)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 12 - INTERAGENCY SHARED INFORMATION SYSTEM › Section 471-012-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Participant"
			 means a participating state agency, as listed in ORS
			 657.732; and other state
			 agencies, governmental entities or private organizations that have applied to
			 be a participating state agency or organization and have been approved to
			 participate in and provide information to the Interagency Shared Information
			 System.
(2) "System administrator"
			 means the Employment Department Director or staff designated by the Employment
			 Department Director to administer the Interagency Shared Information
			 System.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & ORS
				  657.732
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 12 - INTERAGENCY SHARED INFORMATION SYSTEM › Section 471-012-0015 - Data Collection for the Interagency Shared Information System

Current through Register Vol. 63, No. 7, July 1, 2024
Participants shall provide data to the Interagency Shared
				Information System in a format that encodes identifying data, including the
				client's Social Security number, using a formula unique to the participant,
				according to protocols established by the system administrator, and based on
				the objectives articulated in ORS
				657.732. Each participant must
				also ensure that any customer whose information is being submitted has been
				provided with full disclosure of:
(1)
			 How the information will be used;
(2) The authority which authorizes the
			 solicitation of the information and whether disclosure of such information by
			 the customer is mandatory or voluntary; and
(3) The effects on the customer, if any, of
			 not providing all or any part of the requested information.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & ORS
				  657.732
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 12 - INTERAGENCY SHARED INFORMATION SYSTEM › Section 471-012-0020 - Disclosure of Interagency Shared Information System Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Interagency Shared Information System
			 data shall only be disclosed in the aggregate consisting of no fewer than six
			 unit records. All disclosures must comply with applicable federal and state
			 law, including any written agreement between the participants and the system
			 administrator.
(2) Participants may
			 view the individual records input by the participant for their own customers,
			 even if fewer than six unit records, provided that such viewing complies with
			 applicable federal and state law.
(3) For purposes of ORS
			 192.410 to
			 192.505, the information
			 submitted to the system and the information received from the system is a
			 public record, and the custodian of such information is the participant that
			 submits or receives the information. All requests for reports from the system
			 will be referred to the participant that is the custodian of the records for
			 the purposes of 192.410 to
			 192.505. If the participating
			 state agency or organization receiving the information is not a public body, as
			 defined in 192.410, the Employment
			 Department shall keep a copy of the system information sent to that entity and
			 shall be the custodian of that copy for purposes of
			 192.410 to
			 192.505.
(4) Requests for Interagency Shared
			 Information System data, including reports that are not agency specific, will
			 be reviewed by the system administrator who will accept or reject the requests
			 based on the objectives articulated in ORS
			 657.732.
(5) All participating agencies and the system
			 administrator shall take appropriate, necessary and prudent steps to prevent
			 unauthorized disclosure or identification of an individual's data, including
			 use of the provisions established by agreement with Interagency Shared
			 Information System participants. Any individual who, without proper authority,
			 discloses confidential information under ORS
			 657.732 may be disqualified from
			 holding any appointment or employment with the State of Oregon.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & ORS
				  657.732
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 15 - PERFORMANCE REPORTING INFORMATION SYSTEM (PRISM) › Section 471-015-0005 - Performance Reporting Information System Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The Performance Reporting Information System was established
				exclusively for the purpose of collecting, analyzing and sharing statistical
				and demographic data for the development and reporting of the workforce system
				performance measures. The Performance Reporting Information System is intended
				to share the data, by agreement, with system participants, as defined in OAR
				471-015-0010. For the purposes of ORS
				192.410 to
				192.505, the custodian of
				information is the system participant that submits or receives the information.
				If the system participant receiving the information is not a public body, as
				defined in 192.410, the Employment
				Department shall keep a copy of the system information sent to that entity and
				shall be the custodian of that copy for purposes of
				192.410 to
				192.505.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & ORS
				  657.734
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 15 - PERFORMANCE REPORTING INFORMATION SYSTEM (PRISM) › Section 471-015-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "System
			 participants" means:
(a) Mandatory partners
			 under the federal Workforce Investment Act of 1998 (enacted as
			 P.L.
			 105-220 and codified as
			 29
			 U.S.C. 2801 et seq.) and other one-stop
			 system partners, which may include public bodies and private organizations;
			 and
(b) Public bodies and private
			 organizations that have been approved by the Director of the Employment
			 Department, in consultation with the Education and Workforce Policy Advisor, to
			 participate in the Performance Reporting Information System.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 15 - PERFORMANCE REPORTING INFORMATION SYSTEM (PRISM) › Section 471-015-0015 - Data Collection for the Performance Reporting Information System

Current through Register Vol. 63, No. 7, July 1, 2024
System participants shall provide data to the Performance
				Reporting Information System in a format that encodes identifying data,
				including the client's Social Security number, using a formula unique to the
				system participant, and according to protocols established by agreement with
				the system administrator, based on the objectives articulated in ORS
				657.734. Each system participant
				must also ensure that any customer whose information is being submitted has
				been provided with full disclosure of:
(1) How the information will be
			 used;
(2) The authority which
			 authorizes the solicitation of the information and whether disclosure of such
			 information by the customer is mandatory or voluntary; and
(3) The effects on the customer, if any, of
			 not providing all or any part of the requested information.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 &
				  657.734
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 15 - PERFORMANCE REPORTING INFORMATION SYSTEM (PRISM) › Section 471-015-0020 - Disclosure of Performance Reporting Information System Data

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Data from the
			 Performance Reporting Information System shall only be disclosed in the
			 aggregate consisting of no fewer than three unit records, and according to the
			 protocols established by agreement with the system administrator, based on the
			 objectives articulated in ORS
			 657.734. All disclosures must
			 comply with applicable federal and state law, including any written agreement
			 between the system participants and the system administrator.
(2) The system administrator shall make
			 available that aggregate data necessary for the comprehensive workforce
			 system-wide performance indicators. This data will be made available to all
			 system participants, customers such as employers and job seekers, workforce
			 investment boards and the general public.
(3) System participants may view the
			 individual records input by the system participant for their own customers,
			 provided that such viewing complies with applicable federal and state
			 law.
(4) System participants and
			 the system administrator shall take appropriate, necessary and prudent steps to
			 prevent unauthorized disclosure or identification of an individual's data,
			 including use of the protocols established by agreement. Any individual who,
			 without proper authority, discloses confidential information under ORS
			 657.734 may be disqualified from
			 holding any appointment or employment with the State of Oregon.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 &
				  657.734
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 471-020-0010  to 471-020-0035, unless the context
				requires otherwise:
(1) "Accepted"
			 means a job listing is reviewed and managed by authorized Employment Department
			 or partner staff.
(2) "Active
			 Status" means a period beginning when an individual is eligible to receive and
			 is being paid unemployment insurance benefits pursuant to OAR 471-030-0036, and
			 ending at Saturday midnight of the third week following the week in which the
			 most recent benefit payment was issued to the individual.
(3) "Enrollment" means entry of information
			 provided under ORS 657.159,
			 657.715,
			 657.720 or OAR 471-020-0020  into
			 the Business & Employment Services online job match system.
(4) "Job attached" means:
(a) An individual with a definite
			 return-to-work date; or
(b) An
			 individual who obtains all work assignments through a closed union hiring
			 hall.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0020 - Claimant Reemployment Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 Except for individuals identified in OAR 471-020-0021, all unemployment
			 insurance claimants shall submit such information as may be required by the
			 Oregon Employment Department to carry out job placement services for the
			 individual including, but not limited to, the individual's job qualifications,
			 training and experience. Such information shall be entered into the Business
			 & Employment Services online job match system concurrent with, or as soon
			 as possible following, the filing of an initial claim for unemployment
			 insurance benefits. Entry of this information shall constitute
			 enrollment.
(b) Individuals
			 identified in OAR 471-020-0021  shall be provided information about accessing
			 reemployment services and may volunteer for placement in subsidized JOBS Plus
			 employment pursuant to subsection (5) of this rule.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0021 - Exemptions from Enrollment

Current through Register Vol. 63, No. 7, July 1, 2024
The following unemployment insurance claimants are not required
				to submit registration information to the Employment Department for job
				placement purposes:
(1) Individuals
			 claiming benefits as interstate liable claimants against the State of
			 Oregon;
(2) Individuals on a
			 temporary mass layoff from a single employer.
(3) Individuals claiming benefits through an
			 approved shared work plan under the provisions of ORS
			 657.380;
(4) Individuals claiming benefits for partial
			 unemployment under the provisions of OAR 471-030-0060; and
(5) Individuals who are members in good
			 standing of a union that does not allow members to seek non-union
			 work.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.155,
				  657.156 &
				  657.159
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0030 - JOBS Plus Program

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in
			 ORS 657.925, "JOBS Plus Program"
			 means the processes used and services provided pursuant to OAR 471-020-0020,
			 ORS 657.925 and
			 411.892.
(2) As used in ORS
			 657.925, "job referral process"
			 means the processes set forth in ORS
			 657.159 and OAR
			 471-020-0020.
(3) As used in ORS
			 657.925, an "unemployment
			 insurance recipient" is an individual who:
(a) Is an Oregon resident;
(b) Has a current Oregon benefit year as
			 defined in ORS 657.010(3), or
			 is being paid benefits provided for by Oregon or federal law extending such
			 benefit year;
(c) Has a balance
			 remaining on the current Oregon benefit year, or is being paid benefits
			 provided for by Oregon or federal law extending such benefit year;
(d) Was paid benefits under ORS
			 657.155 for the most recent week
			 claimed; and
(e) Is in active
			 status as defined in OAR 471-020-0010.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0035 - Job Listings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 job listings accepted by authorized Employment Department or partner staff
			 must:
(a) Be for an identifiable current job
			 opening, or an identifiable future job opening;
(b) Establish an employer-employee
			 relationship;
(c) Pay at least
			 minimum wage, unless exempted by state or federal law; and
(d) Not contain terms or conditions of
			 employment contrary to state or federal law.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 20 - EMPLOYMENT SERVICES › Section 471-020-0040 - Discontinuation and Reinstatement of Services To An Employer

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Employment Department may initiate
			 discontinuance of service to an employer who:
(a) Refuses to alter or withdraw job listings
			 containing specifications that are contrary to employment-related
			 law;
(b) Refuses to provide
			 assurances that the jobs offered (and not withdrawn) are in compliance with
			 employment-related laws;
(c)
			 Misrepresents the terms or conditions of employment, or fails to comply fully
			 with assurances made on job listings;
(d) Is found by final determination of an
			 enforcement agency to be in violation of an employment-related law and the
			 Employment Department has been notified of this final determination;
(e) Has violated Employment Department
			 regulations;
(f) Refuses to accept
			 qualified workers referred through the Agricultural Recruitment
			 System;
(g) Refuses to cooperate in
			 the conduct of field checks resulting from referrals on Agricultural
			 Recruitment System listings; or
(h)
			 Repeatedly causes the field office to initiate discontinuation of service
			 procedures.