reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0141 - Partial Transfer of Experience

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 657.480(1) A
			 new or existing employing unit is a partial successor to the experience of an
			 employing enterprise when an identifiable and segregable portion of the
			 employing enterprise is transferred to or otherwise acquired by the employing
			 unit, including the employees of that portion of the employing enterprise
			 necessary to carry on day-to-day operations and essential business functions in
			 the same manner and for the same purposes as carried on prior to the
			 acquisition or transfer.
(2) For
			 the period beginning with the date of the transfer of the employment experience
			 record through the end of the calendar year in which the transfer occurs, the
			 contribution rate of the predecessor shall be the same as if there had been no
			 transfer. Upon determination for partial transfer the Director shall:
(a) Assign a contribution rate for a
			 successor that is a new employing unit, to be effective from the date of the
			 transfer through the end of the calendar year in which the transfer occurs;
			 and
(b) Notify the successor in
			 writing of the tax rate assigned in subsection (2)(a) of this rule.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0142 - Acquiring an Employing Entity: Active or Inactive

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an employer begins business and has
			 or expects to have payroll for employees, or when the Tax Section makes a
			 determination that a business has or expects to have payroll for employees, the
			 Employment Department Tax Section may open an account for purposes under ORS
			 chapter 657.
(2) The Employment
			 Department Tax Section may close an account when an employer ceases operations
			 and reports the closure of the business to the Tax Section, or when the Tax
			 Section makes a determination that the business is not likely to have
			 additional payroll.
(3) For the
			 purposes of ORS 657.430 and
			 657.480, when an employing unit
			 acquires a business that no longer has an open account the tax rate assigned
			 the acquiring employing unit will be based solely on the experience of the
			 acquiring employing unit and any of its predecessors.
(4) For the purposes of ORS
			 657.430 and
			 657.480, a business with a
			 closed account may request that the Tax Section reopen the account. The Tax
			 Section may reopen a closed account only in circumstances where the business
			 owner entity is the same and where the business activity is the same or
			 substantially the same as prior to the closing.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.610 &
				  657.405 -
				  657.575
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0145 - Continuous Jurisdiction

Current through Register Vol. 63, No. 7, July 1, 2024
In accordance with the provisions of subsection (2) of ORS
				657.676, 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
				determinations of employer subjectivity, tax rates or tax assessments:
(1) Deputy Director;
(2) Assistant Director for Unemployment
			 Insurance;
(3) Manager of
			 Tax;
(4) Supervisor of Central
			 Operations;
(5) Supervisor of Field
			 Operations.
(6) Supervisor of
			 Special Projects
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.676
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0151 - Failure to File Reports or Pay Tax-Good Cause

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As used in ORS
			 657.457,
			 657.552, and
			 657.663"good cause" will be
			 found to exist when the employer establishes by satisfactory evidence that
			 factors or circumstances beyond the employer's reasonable control caused the
			 delay in filing the required document or paying the tax due.
(2) In determining "good cause" under section
			 (1) of this rule, the Director or an authorized representative may consider all
			 circumstances, but shall require at a minimum that the employer:
(a) Prior to the date the document or tax was
			 due, gave notice to the Employment Department, when reasonably possible, of the
			 factors or circumstances which ultimately caused the delay;
(b) Filed the required document or paid the
			 tax due within seven days after the date determined by the Director to be the
			 date the factors or circumstances causing the delay ceased to exist; and
(c) Made a diligent effort to
			 remove the cause of the delay and to prevent its recurrence.
(d) Provide an official police report, or
			 other documentation of the criminal act acceptable to the Director or an
			 authorized representative, that was made within 20 days of the incident, or
			 discovery of the incident, if the delay was due to a criminal act by any party.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0155 - Investigatory Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Tax
			 auditors or their supervisors may issue and cause to be served subpoenas which
			 compel the attendance of witnesses and/or order the production of any books,
			 papers, contracts, accounts, records, documents or other physical evidence 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, or as an
			 adjunct to tax collection procedures.
(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).
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.610 & ORS
				  657.660
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0160 - Computation of Excess Wages

Current through Register Vol. 63, No. 7, July 1, 2024
Excluded remuneration under ORS
				657.095 shall be computed for
				each employing unit exclusively on the basis of its own payroll unless:
(1) ORS
			 657.480 requires two or more
			 employing units to be treated as if there had been no change in
			 ownership.
(2) Two or more
			 corporations are treated as having a common paymaster under ORS
			 657.477 and OAR
			 471-031-0076.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.095, ORS
				  657.477 & ORS
				  657.480
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0175 - Agricultural Employment

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If
			 agricultural services for an employing unit are determined to be employment
			 under ORS 657.045 at any time during a
			 calendar year, that employing unit shall be an employer liable for taxes on all
			 cash remuneration paid for such services during that entire calendar
			 year.
(2) Except as provided by ORS
			 657.045(3)(c),
			 processing services which transform an agricultural commodity from its raw or
			 natural state, and services performed with respect to an agricultural product
			 after it has been transformed from its raw or natural state, do not constitute
			 agricultural labor.
Stat. Auth.: ORS 657
Stats. Implemented: ORS
				  657.045
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0181 - Independent Contractor

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Purpose of Rule. The Landscape Contractors Board, Department of Revenue,
			 Department of Consumer and Business Services, Employment Department, and
			 Construction Contractors Board must adopt rules together to carry out ORS
			 670.600. ORS
			 670.600 defines "independent
			 contractor" for purposes of the programs administered by these agencies. This
			 rule is intended to ensure that all five agencies apply and interpret
			 670.600 in a consistent manner;
			 to clarify the meaning of terms used in
			 670.600; and, to the extent
			 possible, to enable interested persons to understand how all five agencies will
			 apply 670.600.
(2) Statutory Context.
(a) ORS
			 670.600 generally establishes
			 three requirements for "independent contractors." One requirement is that an
			 "independent contractor" must be engaged in an "independently established
			 business." Another requirement is related to licenses and certificates that are
			 required for an "independent contractor" to provide services. A third
			 requirement is that an "independent contractor" must be "free from direction
			 and control over the means and manner" of providing services to
			 others.
(b) The specific focus of
			 this rule is the "direction and control" requirement. See ORS
			 670.600 for the requirements of
			 the "independently established business" test and for licensing and
			 certification requirements.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0185 - Indian Tribes

Current through Register Vol. 63, No. 7, July 1, 2024
As used in ORS
				657.020,
				657.043,
				657.044,
				657.047,
				657.048,
				657.050,
				657.065,
				657.167,
				657.221,
				657.333,
				657.425,
				657.505,
				657.506 and
				657.840, the term "Indian tribe"
				means any Indian tribe, band, nation, or other organized group or community
				which is recognized as eligible for the special programs and services provided
				by the United States to Indians because of their status as
				Indians.
Stat. Auth.: ORS
				  657.610
Stats. Implemented: ORS
				  657.610 & HB
				  3596
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0190 - Shopping News

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS
				657.080(1),
				"shopping news" includes, but is not limited to, publications that consist
				primarily of classified ads and/or coupons and does not include publications
				that are primarily phone listings.
Stat. Auth. ORS657.610
Stas. Implemented: ORS657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0195 - Horticultural Commodity

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of ORS 657.045(3)(a),
			 "horticultural commodity" means a product resulting from the services performed
			 by a farm worker including: the planting, cultivating, propagating, harvesting,
			 handling, and delivering to storage or to market or to a carrier for
			 transportation to market.
(2)
			 "Farms" include: truck farms, plantations, ranches, nurseries, ranges,
			 orchards, and such greenhouses and other similar structures as are used
			 primarily for the raising of commodities for sale. Greenhouses and similar
			 structures used primarily for purposes such as display, storage for rental of
			 horticultural commodities, and fabrication of horticultural arrangements, do
			 not constitute "farms."
Stat. Auth. ORS
				  657.610
Stas. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0205 - Cafeteria Plans

Current through Register Vol. 63, No. 7, July 1, 2024
Employee benefits paid through a cafeteria plan, as defined in
				the Internal Revenue Code (IRC) Section 125, are not included in wages if
				listed as excluded in ORS
				657.115, even if paid through a
				payroll deduction.
Stat. Auth. ORS
				  657.610
Stas. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0210 - Bond or Deposit

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of ORS 657.507(1), the
			 director or an authorized representative may demand a bond or deposit to
			 protect the Unemployment Compensation Trust Fund balance when the director or
			 an authorized representative has determined that there is sufficient evidence
			 that a risk exists.
(2) "Risk" is
			 solely determined by the director or an authorized representative and includes
			 circumstances where a principal of an employing entity, who continues to employ
			 workers subject to ORS Chapter 657:
(a) is
			 currently delinquent in filing Unemployment Insurance reports or payment of
			 Unemployment Insurance tax; or
(b)
			 was previously delinquent in filing Unemployment Insurance reports or payment
			 of Unemployment Insurance tax.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0215 - Registered Domestic Partnerships

Current through Register Vol. 63, No. 7, July 1, 2024
For the purposes of ORS Chapter 657, "spouse" includes any
				person in a registered domestic partnership considered valid under the laws of
				the State of Oregon.
Stat. Auth. ORS
				  657.610
Stas. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0220 - Franchisee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "franchisee"
			 means an individual or business entity that has a franchise license from the
			 owner of a trademark, or trade name permitting another to sell a product, or
			 service under that name or mark.
(2) Individuals or business entities who
			 provide primarily services for pay, and are under contract to provide services
			 as franchisees, must meet the requirements of ORS
			 657.040 and
			 670.600 or some other
			 exclusionary provisions of Chapter 657 in order to be excluded from the
			 classification of employee under this Chapter.
Stat. Auth. ORS
				  657.610
Stas. Implemented: ORS
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0235 - Volunteer Consideration

Current through Register Vol. 63, No. 7, July 1, 2024
For purposes of ORS
				657.015:
(1) "Adequate consideration for the services
			 performed" with respect to volunteers is as defined in the Internal Revenue
			 Code Title 26, Subtitle C, Section 3306(c)(10)(A).
(2) Payments to volunteers that are
			 reimbursements for reasonable expenses incurred while volunteering, such as
			 mileage or travel costs, are not remuneration for service if they are paid
			 under an accountable plan. Payments under an accountable plan must meet all
			 three of the following:
(a)The deductible
			 expense was incurred while performing services as a volunteer for a religious,
			 charitable institution or governmental entity. A reimbursement or advance must
			 be for an income tax deductible expense and must not be an amount that would
			 have otherwise been paid to the volunteer.
(b) The payment must be substantiated within
			 a reasonable period of time.
(c)
			 The volunteer must return any amounts in excess of substantiated expenses
			 within a reasonable period of time.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0301 - Election of coverage for services normally excluded from unemployment insurance

Current through Register Vol. 63, No. 7, July 1, 2024
Unless otherwise provided, the provisions of this rule apply
				retroactively, beginning September 22, 2020.
(1) For purposes of ORS
			 657.425(1),
			 it is considered a written election for an employing unit to have services that
			 are not considered employment subject to ORS Chapter 657, to be covered by ORS
			 Chapter 657, when the employing unit:
(a)
			 Reports on its quarterly payroll reports with the Employment Department
			 information for services that are not considered subject employment under ORS
			 Chapter 657; and
(b) Pays all taxes
			 owed to the Employment Department for that reporting period.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0310 - Benefits Obtained as a Result of Identity Theft

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The provisions of this rule apply
			 retroactively to initial claims effective after January 1, 2020.
(2) For the purposes of applying ORS
			 657.505,
			 it shall not be considered benefits paid out to a claimant as a result of wages
			 earned in the employ of an employer when, in the determination of the
			 department, the reason such payments were made was due to identity theft or
			 criminal impersonation, as defined in ORS
			 165.800 and ORS
			 165.815.
Statutory/Other Authority: ORS
				  657.610  & 657.100(3)
Statutes/Other Implemented: OAR
				  471-010-0010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0315 - Declaration that Oregon House Bill 3389 was passed to address the COVID-19 Pandemic

Current through Register Vol. 63, No. 7, July 1, 2024
Oregon House Bill 3389 became effective on September 25, 2021,
				and utilized flexibilities allowed under the Emergency Unemployment Insurance
				Stabilization and Access Act of 2020 (EUISSA). As required in guidance issued
				by the United States Department of Labor, through the Unemployment Insurance
				Program Letter 13-20 Change 3, this rule clarifies the changes made by Oregon
				House Bill 3389 were due to economic hardships directly resulting from the
				COVID-19 pandemic.
Statutory/Other Authority: ORS
				  657.610
Statutes/Other Implemented: ORS
				  657
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 31 - UNEMPLOYMENT INSURANCE TAXES › Section 471-031-0320 - Implementation of Provisions Related to Unpaid Deferral Balances

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a) If applying the provisions of Section 4
			 (1)(b) of ORS chapter 657 [2021 c.638 §2] [2021 c.638 §4], an
			 employer receiving a deferral of taxes due for calendar year 2021 must pay the
			 deferred amount by June 30, 2022.
(b) Unpaid balances as of July 1, 2022, will
			 result in interest accrued and applied to the unpaid balance beginning with the
			 month in which the balance was originally due under OAR 471-031-0070(1);
			 and
(c) The employer is no longer
			 eligible for forgiveness of taxes under ORS
			 657.515.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0005 - Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Request for hearing may be filed on forms provided by the Employment Department
			 or similar offices in other states. Use of the form is not required provided
			 the party specifically requests a hearing or otherwise expresses a present
			 intent to appeal and it can be determined what issue or decision is being
			 appealed.
(2) A request for hearing
			 on an administrative decision related to the payment or amount of unemployment
			 insurance benefits may be filed:
(a) By mail,
			 fax, e-mail, or other means as designated by Employment Department
with
the appealable document; or
(b) In person at any publicly accessible
			 Employment Department office in Oregon.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0007 - Contested Case Proceedings Interpretation for Limited English Proficient Persons

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to the Employment Department's Unemployment Insurance contested
			 case proceedings that require the services of an interpreter for a limited
			 English proficient person who is a party or witness.
(2) For purposes of this rule:
(a) A "limited English proficient person"
			 means a person who, by reason of place of birth, national origin, or culture,
			 speaks a language other than English and does not speak English at all or with
			 adequate ability to communicate effectively in the proceedings;
(b) A "certified interpreter" means an
			 interpreter certified under ORS
			 45.291; and
(c) A "qualified interpreter" means a person
			 who is not certified under ORS
			 45.291, but is readily able to
			 communicate with the limited English proficient person and who can orally
			 transfer the meaning of statements to and from English and the language spoken
			 by the limited English proficient person. A qualified interpreter must be able
			 to interpret in a manner that conserves the meaning, tone, level, style and
			 register of the original statement, without additions or omissions. A qualified
			 interpreter does not include any person who is unable to interpret the dialect,
			 slang or specialized vocabulary used by the party or witness.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0008 - Contested Case Proceedings Interpretation for Individuals with a Disability

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For
			 purposes of this rule:
(a) An "assistive
			 communication device" means any equipment designed to facilitate communication
			 by an individual with a disability;
(b) An "individual with a disability" means a
			 person who cannot readily understand the proceedings because of deafness or a
			 physical hearing impairment, or cannot communicate in the proceedings because
			 of a physical speaking impairment;
(c) A "qualified interpreter" for an
			 individual with a disability means a person readily able to communicate with
			 the individual with a disability, interpret the proceedings and accurately
			 repeat and interpret the statements of the individual with a
			 disability.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0010 - Late Request for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1)"Good cause" exists when an action, delay,
			 or failure to act arises from an excusable mistake or from factors beyond an
			 applicant's reasonable control.
(a) Good
			 cause includes but is not limited to:
(A)
			 Failure to receive a document because the Employment Department or Office of
			 Administrative hearings mailed it to an incorrect address despite having the
			 correct address;
(B) For telephone
			 hearings, unanticipated, and not reasonably foreseeable, loss of telephone
			 service.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0015 - Notice of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To afford
			 all parties a reasonable opportunity for a fair hearing, notice of hearing
			 setting forth the time, date, place, and issue(s) in general shall be
			 personally delivered or mailed at least five days in advance of the hearing to
			 parties or their authorized agents at their last known address as shown by the
			 record of the Director.
(2) The
			 following parties shall be notified of a hearing when a request for hearing has
			 been filed as provided by ORS
			 657.265 or
			 657.355:
(a) The Director;
(b) The claimant;
(c) The employing unit entitled to notice of
			 the determination or decision under ORS
			 657.265; and any employing unit
			 that could be expected to have information relating to the issue(s) of the
			 hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0020 - Subpoenas

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the timely
			 request of a party or on the administrative law judge's own initiative, an
			 administrative law judge may issue a subpoena requiring a person to appear at a
			 scheduled hearing for the purpose of giving testimony, or producing books,
			 records, documents, or other physical evidence.
(2) A party that submits a request for
			 subpoena should show:
(a) The name of the
			 witness and the address where the witness can be served the subpoena;
(b) That the testimony of the
			 person is material; and
(c) That
			 the person will not voluntarily appear.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0021 - Postponement of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the
			 request of a party or on the administrative law judge's own initiative, an
			 administrative law judge may order, orally or in writing, that a hearing be
			 postponed.
(2) A postponement may
			 be granted by Office of Administrative Hearings staff at the request of a party
			 if:
(a) The request is promptly made after
			 the party becomes aware of the need for postponement; and
(b) The party has good cause, as stated in
			 the request, for not attending the hearing at the time and date set.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0023 - Telephone Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Unless
			 precluded by law, the Employment Department may, in its discretion, hold a
			 hearing or portion of a hearing by telephone. Nothing in this rule precludes
			 the Department from allowing some parties or witnesses to attend by telephone
			 while others attend in person.
(2)
			 The Department may direct that a hearing be held by telephone upon request or
			 on its own motion.
(3) The
			 Department shall make an audio or stenographic record of any telephone
			 hearing.
(4) Prior to commencement
			 of an evidentiary hearing that is held by telephone, each party and the
			 Department shall provide to all other parties and to the Department copies of
			 documentary evidence that it will seek to introduce into the record.
(5) Nothing in this rule precludes any party
			 or the Department from seeking to introduce documentary evidence in addition to
			 evidence described in section (4) during the telephone hearing and the
			 presiding officer shall receive such evidence, subject to the applicable rules
			 of evidence, if inclusion of the evidence in the record is necessary to conduct
			 a full and fair hearing. If any evidence introduced during the hearing has not
			 previously been provided to the Department and to the other parties, the
			 hearing may be continued upon the request of any party or the Department for
			 sufficient time to allow the party or the Department to obtain and review the
			 evidence.
(6) The Department may
			 delegate to the administrative law judge the discretion to rule on issues
			 raised under this rule.
(7) As used
			 in this rule, "telephone" means any two-way electronic communication
			 device.
Stat. Auth.: ORS
				  657.266,
				  657.270,
				  657.317,
				  657.610, & 183.105(7)
Stats. Implemented: ORS
				  657.280 &
				  657.610
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0026 - Continuance of Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At the
			 request of a party or on the administrative law judge's own initiative, an
			 administrative law judge may order, orally or in writing, that a hearing be
			 continued.
(2) A administrative law
			 judge may grant a continuance at the request of a party if:
(a) The request is made prior to the issuance
			 of the administrative law judge's decision; and
(b) The party has good cause, as stated in
			 the request, for continuing the hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0030 - Administrative Law Judge's Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The administrative law judge shall promptly prepare and serve a written
			 decision after the conclusion of the hearing.
(2) The administrative law judge's decision
			 shall be based upon the evidence in the hearing record and upon any stipulated
			 or officially noticed facts. Any findings of fact by the administrative law
			 judge shall be based upon reliable, probative, and substantial
			 evidence.
(3) The administrative
			 law judge's decision shall be in an approved form and shall contain:
(a) A caption clearly identifying the
			 parties;
(b) A statement of
			 jurisdiction;
(c) A statement of
			 the issues and law involved;
(d)
			 Findings of fact;
(e) Conclusions
			 based upon the findings of fact; or a statement adopting conclusions set forth
			 in the appealed administrative decision; and
(f) A decision setting forth the action to be
			 taken.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0035 - Dismissals of Requests for Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An administrative law judge may order
			 that a request for hearing be dismissed upon request from the appellant to
			 withdraw the request for hearing.
(2) An administrative law judge may order
			 that a request for hearing be dismissed upon request of the Director or the
			 Director's authorized representative after either one has:
(a) Issued a new or amended determination or
			 decision that grants the appellant that which was placed in issue by the
			 request for hearing; or
(b)
			 Withdrawn or cancelled the determination or decision upon which the request for
			 hearing was based.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0040 - Reopening of a Hearing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) After
			 service of an administrative law judge's written decision as set forth in ORS
			 657.270, an administrative law
			 judge may reopen the hearing if the party:
(a) Requesting the reopening failed to appear
			 at the hearing;
(b) Files in
			 writing, within 20 days of the date of mailing of the hearing decision, a
			 request to reopen; and
(c) Has good
			 cause for failing to appear at the hearing.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 40 - LOWER APPEALS › Section 471-040-0041 - Late Request to Reopen

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The period within which a party may request reopening may be extended if the
			 party requesting reopening:
(a) Has good
			 cause for failing to request reopening within the time allowed; and
(b) Acts within a reasonable time.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0050 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "ALJ" means
			 Administrative Law Judge.
(2)
			 "Applicant" means the party on whose behalf the application for review was
			 filed.
(3) "EAB" means the
			 Employment Appeals Board.
(4)
			 "Mail" means United States Postal Service mail or private mail
			 carrier.
(5) "OAH" means the Office
			 of Administrative Hearings.
Statutory/Other Authority: ORS 183, 657.610 &
				  657.685
Statutes/Other Implemented: ORS
				  657.685(6)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0060 - Application for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An
			 application for review may be filed on forms provided by OAH or the Employment
			 Department and other similar offices in other states. Use of the form is not
			 required, provided the applicant requests review of a specific ALJ Order, or
			 otherwise expresses intent to appeal an ALJ Order.
(2) An application for review may be filed in
			 person, or by mail, fax, or electronic means to EAB, or any office of the
			 Employment Department, including OAH, or any Employment Security Agency in any
			 other state or jurisdiction where the applicant is claiming benefits.
(3) An application for review that does not
			 conform to the requirements of this rule is subject to dismissal.
(4) Except as otherwise stated in this rule,
			 EAB will treat an application for review by a claimant or employer that failed
			 to appear at a hearing as a request to reopen the hearing under ORS
			 657.270.
(5) An application for review filed by a
			 claimant or employer that failed to appear at the hearing and whose request for
			 hearing was not dismissed for failure to appear will be treated as an
			 application for review if:
(a) The applicant
			 expresses in the application for review that they are not requesting to reopen
			 the hearing, or
(b) The application
			 for review does not include a written statement that sets forth the reason(s)
			 for missing the hearing as required under OAR
			 471-040-0040(3).
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0065 - Filing Dates

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Filing dates
			 shall be determined as follows:
(a) If
			 delivered in person, the filing date is the date of delivery, as evidenced by
			 the receipt date stamped or written by the public employee who received the
			 document.
(b) If mailed, the filing
			 date is the date that the document is deposited in the United States mail in an
			 envelope with first class postage, as evidenced by the postmark affixed to the
			 envelope by the United States Postal Service.
(c) If mailed through a carrier other than
			 the United States Postal Service, the filing date is the date that the document
			 is deposited with that carrier, as evidenced by the date affixed to the
			 envelope by that carrier.
(d) If
			 faxed, the filing date is the encoded date on the faxed document.
(e) If filed by electronic means, the filing
			 date is the encoded date on the electronic document.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0070 - Late Application for Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An application for review is timely if it
			 is filed within 20 days of the date that OAH mailed the ALJ Order sought to be
			 reviewed. EAB shall dismiss a late application for review unless the filing
			 period is extended in accordance with this rule.
(2) The filing period may be extended a
			 reasonable time upon a showing of good cause as provided by ORS
			 657.875.
(a) "Good cause" exists when the applicant
			 provides satisfactory evidence that factors or circumstances beyond the
			 applicant's reasonable control prevented timely filing.
(b) "A reasonable time" is seven days after
			 the circumstances that prevented timely filing ceased to exist.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0075 - Acknowledgement of Application for Review

Current through Register Vol. 63, No. 7, July 1, 2024
When EAB receives a valid and timely application for review of
				an ALJ Order that is adverse to the applicant's interests, it shall notify all
				parties promptly by mail or electronic means.
Statutory/Other Authority: 657.610, ORS 183 &
				  657.685
Statutes/Other Implemented: ORS
				  657.685(6)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0080 - Presentation of Argument

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Parties may submit written argument within 20 days of the date that EAB
			 provides the notice required by OAR 471-041-0075.
(2) A party's written argument will not be
			 considered unless it:
(a) Includes a
			 statement that a copy was provided to the opposing party or parties. Example:
			 "I declare that on [date] I sent a copy of this document to the opposing party,
			 addressed as follows: ABC Company, [description of sending method]."
(b) Is received within the time
			 allowed.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0090 - Additional Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except
			 as stated in this rule, information not received into the hearing record will
			 not be considered on review.
(a) EAB may
			 receive additional evidence into the record if necessary to complete the
			 record.
(b) Any party may request
			 that EAB consider additional evidence, and EAB may allow such a request when
			 the party offering the additional evidence establishes that:
(A) The additional evidence is relevant and
			 material to EAB's determination, and
(B) Factors or circumstances beyond the
			 party's reasonable control prevented the party from offering the additional
			 evidence into the hearing record.
(c) EAB may take notice of information
			 contained in Employment Department records, generally cognizable facts, and
			 facts within EAB's specialized knowledge.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0095 - Case Consolidation and Voting

Current through Register Vol. 63, No. 7, July 1, 2024
Cases involving multiple parties, similar facts or similar
				issues may be consolidated. Cases are considered in panels of two or three EAB
				members. A member shall disqualify himself or herself from participation in any
				case in which the member has a private interest in the outcome, or a bias
				likely to impair his or her impartial review.
Stat. Auth.: ORS 183,
				  657.610 &
				  657.685
Stats. Implemented: ORS
				  657.685(3),
				  657.685(6)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0098 - Request to Withdraw Application for Review

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant's written request to withdraw an application for
				review will be allowed unless the request is received after notice of EAB's
				decision has been issued.
Stat. Auth.: ORS 183,
				  657.610 &
				  657.685
Stats. Implemented: ORS
				  657.685(6)
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0100 - Notice of Decision

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Notice
			 of EAB's decision shall be by United States Postal Service mail or electronic
			 means to each party or its representative at the physical or electronic address
			 of record with EAB.
(2) Notice of
			 EAB's decision shall include:
(a) A caption
			 identifying the parties and their representatives,
(b) The date the notice was issued,
(c) A statement of appeal rights,
			 and
(d) Findings of fact and
			 conclusions and reasons, or a statement adopting the findings of fact and
			 conclusions and reasons set forth in the ALJ Order.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 41 - HIGHER APPEALS › Section 471-041-0145 - Reconsideration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any party may
			 request reconsideration to correct an error of material fact or law, or to
			 explain any unexplained inconsistency with Employment Department rule, or
			 officially stated Employment Department position, or prior Employment
			 Department practice.
(2) The
			 request is subject to dismissal unless it:
(a) Includes a statement that a copy was
			 provided to the opposing party or parties. Example: "I declare that on [date] I
			 sent a copy of this document to the opposing party or parties, addressed as
			 follows: ABC Company, [description of sending method]."
(b) Is filed on or before the 20th day after
			 the decision sought to be reconsidered is mailed.
(A) Requests for reconsideration may be filed
			 in person, or by mail or other carrier, fax, or electronic means.
(B) For purposes of this rule the filing date
			 is determined using the same criteria listed in OAR 471-041-0065.
(C) EAB will make copies of any requests
			 received available to the Oregon Employment Department by electronic
			 means.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 60 - OFFICE OF ADMINISTRATIVE HEARINGS › Section 471-060-0005 - Request for Change of Administrative Law Judge

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of this rule is to establish
			 uniform procedures for the change of assignment of administrative law
			 judges.
(2) The words and terms
			 used in OAR 471-060-0005  have the following meanings:
(a) An administrative law judge is "assigned
			 to the case" when a written notice is sent to a party or agency naming the
			 administrative law judge to preside over a contested case, or the date a party
			 or agency has actual notice of the assignment, whichever is earlier.
(b) "Good cause" to support a request for a
			 change of administrative law judge is any reason why an administrative law
			 judge's impartiality might reasonably be questioned. It includes, but is not
			 limited to, personal bias or prejudice, personal knowledge of disputed facts,
			 conflict of interest, or any other interest that could be substantially
			 affected by the outcome of the proceeding.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of the division 70 rules is to provide procedures,
				standards, responsibilities, and criteria for administration of the Paid Family
				and Medical Leave Insurance (PFMLI) program, defined in OAR 471-070-0010. All
				PFMLI rules are contained within chapter 471, division 70.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.340
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Paid Leave
			 Oregon" means the Paid Family and Medical Leave Insurance program as described
			 under ORS chapter 657B.
(2)
			 "Volunteer" as used in ORS
			 657B.010(13)(b)(E),
			 means an individual who performs services for a public agency or private
			 non-profit organizations for civic, charitable, or humanitarian reasons,
			 without promise, expectations or receipt of compensation for services
			 rendered.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.340 &
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0400 - Wages: Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 "Agricultural labor"
(a) Except as provided in
			 subsection (c) of this section, "agricultural labor" means service on a farm in
			 connection with the production, raising, or harvesting of any agricultural or
			 horticultural commodity, includes farming in all its branches, and, among other
			 things, also includes:
(A) Cultivating and
			 tillage of the soil;
(B)
			 Dairying;
(C) Raising, shearing,
			 feeding, caring for, training, and management of livestock, bees, fur-bearing
			 animals, wildlife, and poultry; and
(D) Practices performed by a farmer or on a
			 farm as an incident to or in conjunction with such farming operations,
			 management, conservation, and improvement or maintenance of such farm and its
			 tools and equipment, including preparation for market, delivery to storage or
			 to market, or to carriers for transportation to market; and
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0415 - Wages: Incidental Expenses

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Wages do not include:
(a) Moneys paid to
			 employees to reimburse them for meal expenses in the event employees are
			 required to perform work after their regular office hours; and
(b) Amounts paid to employees to reimburse
			 them for traveling or other expenses actually incurred by them while performing
			 service for the employer.
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0420 - Wages: Pensions

Current through Register Vol. 63, No. 7, July 1, 2024
An individual receiving a pension from a former employer shall
				not be considered an employee of that employer solely because of the pension.
				The amount of the pension is not wages
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0425 - Wages: Jury Pay

Current through Register Vol. 63, No. 7, July 1, 2024
Compensation, reimbursement, fees, lodging, meals or other
				remuneration paid or provided to an individual for services performed as a
				juror are not wages.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0430 - Wages: Bonuses, Fees, and Prizes

Current through Register Vol. 63, No. 7, July 1, 2024
Bonuses, fees and prizes are wages if paid or given by the
				employer to an employee as compensation, reward, or added remuneration for
				services. Bonuses, fees, and prizes shall be included in the payroll of the
				employer at the time they are paid. A bonus, fee, or prize paid or received
				during a calendar year shall be wages paid during the calendar year, and the
				Paid Family and Medical Leave Insurance contribution rate for such year shall
				be applicable to any bonus, fee, or prize constituting wages.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0435 - Wages: Disability Payments and Accident Compensation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When an employer continues the payment of
			 wages during a disability period, or pays to the employee all or part of the
			 difference between benefits or compensation received from an insurance carrier
			 or State Accident Insurance Fund and the employee's regular or usual wage, the
			 sums so paid by the employer are wages unless excluded from the term wages by
			 ORS
			 657.115 and
			 657.125.
(2) Lump sum or other special payments to
			 compensate an employee for an accident sustained in the course of employment
			 are not wages.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010
Oregon Administrative Rules › Chapter 471 - EMPLOYMENT DEPARTMENT › Division 70 - Paid Family Medical Leave Insurance › Section 471-070-0440 - Wages: Gifts

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Gifts, other
			 than tips or gratuities, received by an employee during the course of
			 employment from persons other than their employer are not wages.
(2) The director reserves the right, based on
			 the facts in each particular case, to determine whether or not the gift is in
			 fact a bonus, fee, or prize given as a reward or added remuneration for
			 services rendered.
Statutory/Other Authority: ORS
				  657B.340
Statutes/Other Implemented: ORS
				  657B.010