Agency Information

 ​​​​​​​Pending Rule Amendments

The Unemployment Insurance (UI) Division is amending the language in Oregon Administrative Rules 471-030-0125 and 471-030-0126 to be consistent with the changes to statute resulting from the passage of Senate Bill (SB) 302 in the 2017 Legislative Session. SB 302 made the following three changes to Oregon Revised Statutes (ORS) 657.176:

  1. Replaced all references to the term “Marijuana” with the term “Cannabis”;
  2. Included “Cannabis” with the two other substances, “Drugs” and “Alcohol”, for which an individual can be found to be in possession or under the influence of, be tested for, seek rehabilitation for, and be disqualified from receiving UI; and
  3. Established the requirement that individuals who are discharged from employment due to absence or tardiness as a result of cannabis use twice within a 12 month period of time are disqualified from receiving UI.

The department is also making other technical non-substantive updates relating to drugs, cannabis, and alcohol to reflect current workplace practices and testing requirements defined under other areas of state law.

Click here for the Notice of Proposed Rulemaking Hearing, the Statement of Need and Fiscal Impact, and the proposed amendment to the rule.

The Proposed Rulemaking Hearing for this change will occur on Friday, December 22, 2017 in the Auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m. Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by Friday, December 22, 2017 at 5:00 p.m. All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.​

On December 22, 2016, the U.S. Department of Labor (U.S. DOL) issued Unemployment Insurance Program Letter (UIPL) 5-17 concerning Unemployment Insurance (UI) eligibility requirements for employees of educational institutions. The UI Division is amending Oregon Administrative Rules 471-030-0074 and 471-030-0075 in order to make sure Oregon’s definition of the term “reasonable assurance” and other related requirements are consistent with the new federal requirements. The term “reasonable assurance” means whether or not it is likely an employee working for an educational institution will be returning to work after a break.

 

In order to ensure Oregon conforms with federal law, the department is clarifying in rule how the following elements impact whether or not school employees have reasonable assurance:

  1. Contracts;
  2. Academic terms whether or not successive;
  3. Economic conditions;
  4. Employment contingencies;
  5. The totality of circumstances; and
  6. Employees that cross over from, using the federal definitions, “professional” to “nonprofessional” positions and vice versa.

Additionally, the department has options with how it chooses to define what an academic year is and how to determine if employees who work for multiple institutions have reasonable assurance.

 

Click here for a copy of the Notice of Proposed Rulemaking Hearing, the Statement of Need and Fiscal Impact, and the proposed amendment to the rule.

 

The Proposed Rulemaking Hearing for this change will occur on Friday, December 22, 2017 in the Auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m. Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

 

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by Friday, December 22, 2017 at 5:00 p.m. All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.​

The department is promulgating changes to Oregon Administrative Rule 471-030-0036(5), the rule that is used to determine if workers filing for Unemployment Insurance (UI) benefits who are on short-term layoff have to seek part-time, temporary, or permanent work with employers other than their most recent employer. These changes have been proposed as a result of consistent confusion by workers, employers, and agency staff, and to encourage accurate reporting of information on the part of employers and workers. Currently, workers are expected to report the date they will return to work that their employer provided to them at the time of layoff. The department will change this rule so that workers who may not have been given a specific date to return to work within four weeks, but report they will be back to work within those four weeks, may be eligible for UI benefits. Additionally, the department is changing the definition for when the existing four week time frame that a worker can be on a temporary layoff without having to seek work while remaining in contact with their most recent employer, may begin and ends.

 

Specifically, the department is making the following three changes to the rule:

  1. The date for which an employer provides to their workers that they will be returning to work will now be for when they expect the workers to return to work;
  2. The week in which the worker was laid off will no longer be counted towards four weeks; and
  3. The week in which the worker returns to work will no longer be counted towards four weeks, unless they do not earn at least the amount of their weekly benefit amount.

Therefore, these changes would increase the potential amount of time workers in this scenario may qualify for UI benefits from four weeks to up to six weeks. 

 

As in the current version of the rule, workers who fail to return to work within that time frame will still need to report it to the department, and perform to the standard work seeking requirements (i.e. two direct employer contacts, not including their most recent employer, and three work seeking activities) in order to be eligible for UI benefits each week.

Click here for a copy of the Notice of Proposed Rulemaking Hearing, the Statement of Need and Fiscal Impact, and the proposed amendment to the rule. 

The Proposed Rulemaking Hearing for this change will occur on Friday, December 22, 2017 in the Auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m. Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528). 

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by Friday, December 22, 2017 at 5:00 p.m. All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.

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 Recently Adopted or Amended Rules

Permanent Rule

The rulemaking hearing on the proposed rules convened at 2pm Wednesday August 23, 2017. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded. 

Before receiving comment, staff briefly summarized the proposed rules. 

No one registered to give testimony at the hearing and one written comment was received before the close of the public comment period. After fully considering the content of the comment, the agency decided to move forward with the rule as originally outlined. The rule was made permanent on September 1, 2017. 

Here is a copy of the Filed Permanent Administrative Rule 471-030-0025 and the Final Rule Text.

Proposed Rule Amendment

This rule is being amended as a result of the U.S. Department of Labor guidance Unemployment Insurance Program Letter (UIPL) 01-16 issued in October, 2015. The guidance addresses the requirements of federal law pertaining to protecting rights for recipients of Unemployment Insurance (UI) when state agencies are working to prevent or recover UI benefit overpayments. The guidance clarified that states must notify the UI recipients of the issue and provide with an opportunity to contest it within a time frame established under statute or rule.

While the Employment Department does have established time frames in practice for UI recipients to respond to requests to furnish information, there currently are no guidelines set in statute or rule. This change puts the department’s existing practices into rule that UI recipients respond to requests to furnish information by the Employment Department within the following time frames, unless specifically directed otherwise:

1.    Five (5) calendar days for requests provided by letter; and

2.    48 hours for requests provided by phone, fax, email, or other electronic means.

The Employment Department does not anticipate any impact for UI recipients as a result of this change to rule.

Click here​ for a copy of the Notice of Proposed Rulemaking Hearing; a copy of the Statement of Need and Fiscal Impact, and a copy of the proposed amended text for the rule.

The Rulemaking Hearing for this change will occur on Wednesday, August 23, 2017 in the auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m..  Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by August 23, 2017 at 5:00 p.m..  All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.

Permanent Rule

The ​rulemaking hearing on the proposed rules convened at 2pm Wednesday August 23, 2017. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded. 

Before receiving comment, staff briefly summarized the proposed rules. 

No one registered to give testimony at the hearing and there were no comments received before the close of the public comment period. The rule was made permanent on August 25, 2017. 

Here is a copy of the Filed Permanent Administrative Rule 471-030-0075 and the Final Rule Text​.​​

OAR 471-030-0075(4) was amended as a temporary rule on February 27, 2017. This rule will expire on August 26, 2017 unless the department promulgates a permanent rule for the change. The permanent rule is needed to align Oregon’s definition of the term “Reasonable Assurance” with the federal guidance. The Employment Department uses the definition of the term in determining eligibility for unemployment insurance benefits for employees of educational institutions.


On December 22, 2016, the U.S. Department of Labor (U.S. DOL) issued Unemployment Insurance Program Letter (UIPL) 5-17. The letter specified one of the requirements for “reasonable assurance” is that employees working for educational institutions who voluntarily quit work for good cause do not have reasonable assurance to return to work. Oregon’s current permanent rule currently indicates the opposite, that even employees who quit for good cause still have reasonable assurance that they will be returning to work.

This change enables employees who worked for educational institutions, and who are receiving benefits after having quit their job, to continue being able to receive unemployment insurance benefits during school breaks.

Click here​ for a copy of the Notice of Proposed Rulemaking Hearing for the rule; a copy of the Statement of Need and Fiscal Impact for the rule, and a copy of the proposed amended rule text.

The Rulemaking Hearing for this change will occur on Wednesday, August 23, 2017 in the auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m..  Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by August 23, 2017 at 5:00 p.m..  All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.​​

 

Temporary Rule  

The purpose of this temporary rule is to align the Oregon Employment Department’s (OED) definition of "Reasonable Assurance" with federal guidance from the U.S. Department of Labor (U.S. DOL). OED is pursuing a temporary rule at this time to ensure individuals who may qualify for UI benefits under the new definition can take advantage of the change prior to any upcoming break or school recess period. OED intends to promulgate this rule permanently within the next 180 days in order to be consistent with federal UI law, and will provide advance notice of that future rulemaking to “interested parties” who have asked to be notified of our rulemaking. To be added to our “interested parties” list, click here, create an account and select Administrative Rules as the Subscription Topic. 

Click here for a copy of the Temporary Rule worksheet and here for a copy of the Statement of Need and Justification. You may read the proposed rule text here and click here for a more detailed overview of the temporary rule amendment​.​

Permanent Rule

The ​rulemaking hearing on the proposed rules convened at 2pm Wednesday August 23, 2017. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded. 

Before receiving comment, staff briefly summarized the proposed rules. 

No one registered to give testimony at the hearing and there were no comments received before the close of the public comment period. The rule was made permanent on August 25, 2017. 

Here is a copy of the Filed Permanent Administrative Rule 471-030-0058 and the Final Rule Text.​​

Notice of Proposed Rulemaking

The Employment Department is amending this rule to be consistent with the changes to statute resulting from the passage of Senate Bill 242 in the 2015 Legislative Session. The law expanded the department‘s authority to intercept the federal tax refunds of employers with delinquent Unemployment Insurance tax obligations through the federal Treasury Offset Program (TOP).

1.    The proposed amendment makes four changes to the existing rule:

2.    Delinquent taxes are included in the types of debts which are eligible for referral to TOP for offset and which the department will notify about the intent to offset against federal tax refunds;

3.    Update the references to the federal laws used to grant states with the authority to use TOP for offset against federal tax refunds;

4.    The terminology used in the rule is being updated to identify the parties subject to the offsetting of refunds from “claimant” to “debtor” and the nature of the outstanding amount from “overpayment” to “debt”; and

5.    A new stipulation that the department does not need to consider the merits of claim that a debt is not legally enforceable if the issue has already been adjudicated by a court of competent jurisdiction (in addition to the Office of Administrative Hearings and Employment Appeals Board).


Click here​ for a 
copy of the Notice of Proposed Rulemaking Hearing; a copy of the Statement of Need and Fiscal Impact, and a copy of the proposed amended text for the rule.

The Rulemaking Hearing for this change will occur on Wednesday, August 23, 2017 in the auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2 p.m. to 4 p.m..  Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by August 23, 2017 at 5:00 p.m..  All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.​​​​​​​

Permanent Rule 

There were no comments received before the end of the public comment period. 

Here is a copy of the Permanent Rule Filing and the Final Rule Text​

Notice of Proposed Rulemaking Hearing​

The purpose of this rulemaking is to repeal and amend the criminal records check and fitness determination process that is addressed in OAR 125-007-0200 for purposes of utilizing the uniform administrative rules established by Department of Administrative Services in accordance with House Bill 3168 passed in the 2013 Legislative Session.

 

Click here for a copy of the Notice of Proposed Rulemaking and here for a copy of the Statement of Need and Fiscal Impact. You may read the proposed rule text here​.

 

Written comments may be submitted via e-mail to OED_Rules@oregon.gov by no later than 5:00 PM on March 31, 2017. All comments received will be given equal consideration before the Department proceeds with the permanent rule-making.​​

Permanent Rule​​

The ​rulemaking hearing on the proposed rules convened at 2pm Friday January 27, 2017. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded.

Before receiving comment, staff briefly summarized the proposed rules.

No one attended the hearing and there were no comments received before the close of the public comment period. 

Here is a copy of the Filed Permanent Administrative Rule 471-031-0017 and the Final Rule Text.​ 

Notice of Pr​oposed Rulemaking​​

 

The purpose of this amendment is to update the rule to incorporate 2013 statutory change and clarify unemployment coverage for certain corporate officers.

 

Click here for a copy of the Notice of Proposed Rulemaking Hearing and here for a copy of the Statement of Need and Fiscal Impact. You may read the proposed Single Officer Exclusion Rule​ here.

 

The Proposed Rulemaking Hearing will occur on Friday, January 27, 2017 in the Auditorium at the Employment Department at 875 Union St NE, Salem, OR 97311 from 2:00 p.m. to 4:00 p.m.

 

To submit your comments about the proposed rule, email OED_Rules@oregon.gov by 5:00p.m., January 27, 2017.

 

Copies of all meeting materials are available in other languages at no cost upon request. Please contact the Rules Coordinator at OED_Rules@Oregon.gov to request these documents.

 

Copias de todos los materiales de juntas está disponibles en otros idiomas a pedido y sin costo. Por favor comuníquese con el Coordinador de Reglas en OED_Rules@Oregon.gov para pedir estos documentos.

 

Копии всех материалов о собраниях предоставляются на других языках бесплатно, после запроса. Чтобы запросить эти документы, пожалуйста, свяжитесь с Координатором Правил по OED_Rules@Oregon.gov.

 

Bản sao của tất cả các buổi họp sẽ được cung cấp miễn phí theo yêu cầu bằng nhiều ngôn ngữ khác nhau.  Xin liên hệ với nhân viên điều hành (Rules Coordinator) tại OED_Rules@Oregon.gov để yêu cầu các tài liệu này.​​

Permanent Rule 

There were no comments received before the end of the public comment period. 

Here is a copy of the 471-010-0080 Permanent Rule Filing and the 471-010-0080 Final Rule Text.

 

Notice of Pr​oposed Rulemaking​​

 

The purpose of this amendment is to classify how OED applies exceptions to sharing confidential information under ORS 657.665.

 

Click here for a copy of the Notice of Proposed Rulemaking and here for a copy of the Statement of Need and Fiscal Impact. You may read the proposed Exceptions to Sharing Confidential Information Rule here.

 

To submit your comments about the proposed rule, email OED_Rules@oregon.gov by 5:00 p.m., July 22, 2016.​

 

​Copies of all meeting materials are available in other languages at no cost upon request. Please contact the Rules Coordinator at OED_Rules@Oregon.gov to request these documents. 


Copias de todos los materiales de juntas está disponibles en otros idiomas a pedido y sin costo. Por favor comuníquese con el Coordinador de Reglas en OED_Rules@Oregon.gov para pedir estos documentos.

Копии всех материалов о собраниях предоставляются на других языках бесплатно, после запроса. Чтобы запросить эти документы, пожалуйста, свяжитесь с Координатором Правил по OED_Rules@Oregon.gov.

Bản sao của tất cả các buổi họp sẽ được cung cấp miễn phí theo yêu cầu bằng nhiều ngôn ngữ khác nhau.  Xin liên hệ với nhân viên điều hành (Rules Coordinator) tại OED_Rules@Oregon.gov để yêu cầu các tài liệu này.​​
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Permanent Rule

The ​rulemaking hearing on the proposed rules convened at 2pm Friday July 29, 2016. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded.

Before receiving comment, staff briefly summarized the proposed rules.

No one attended the hearing and there were no comments received before the close of the public comment period. 

Here is a copy of the Filed Permanent Administrative Rule 471-030-0079 and the Final Rule Text.​

Notice of Proposed Rulemaking​​

 

The purpose of this hearing is to adopt an administrative rule for shared work plans and benefits.​


Click here for a copy of the Notice of Proposed Rulemaking Hearing and here for a copy of the Statement of Need and Fiscal Impact. You may read the proposed Shared Work Plans and Benefits Rule here.

 

The Proposed Rulemaking Hearing will occur on Friday, July 29, 2016 in the Auditorium at the Employment Department at 875 Union St NE, Salem, OR 97311 from 2:00 p.m. to 4:00 p.m.

 

To submit your comments about the proposed rule, email OED_Rules@oregon.gov by 5:00p.m., July 29, 2016.

 

Copies of all meeting materials are available in other languages at no cost upon request. Please contact the Rules Coordinator at OED_Rules@Oregon.gov to request these documents.

 

Copias de todos los materiales de juntas está disponibles en otros idiomas a pedido y sin costo. Por favor comuníquese con el Coordinador de Reglas en OED_Rules@Oregon.gov para pedir estos documentos.

Копии всех материалов о собраниях предоставляются на других языках бесплатно, после запроса. Чтобы запросить эти документы, пожалуйста, свяжитесь с Координатором Правил по OED_Rules@Oregon.gov.

Bản sao của tất cả các buổi họp sẽ được cung cấp miễn phí theo yêu cầu bằng nhiều ngôn ngữ khác nhau.  Xin liên hệ với nhân viên điều hành (Rules Coordinator) tạiOED_Rules@Oregon.gov để yêu cầu các tài liệu này.​​
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Permanent Rule

The rulemaking hearing on the proposed rules convened at 2pm Wednesday June 29, 2016. People were asked to sign registration forms if they wished to comment on the proposed rules and informed of the procedures for taking comments. They also were told that the hearing was being recorded. 

Before receiving comment, staff briefly summarized the proposed rules. 

No one attended the hearing and there were no comments received before the close of the public comment period.

Here is a copy of Permanent Rule 471-030-0017 and the Oregon Administrative Rule Text 471-030-0017. 

Notice of Proposed Rulemaking Hearing

The purpose of this hearing is to implement Senate Bill 1532, Oregon’s Minimum Wage Law in the 2016 Legislative Session.

Click here for a copy of the Notice of Proposed Rulemaking Hearing and here for a copy of the Statement of Need and Fiscal Impact. You may read the proposed Minimum Wage Rule here

The Proposed Rulemaking Hearing will occur on Wednesday, June 29, 2016 in the Auditorium at the Oregon Department of Veteran’s Affairs, 700 Summer St. Salem, OR 97301, from 2:00 p.m. to 4:00 p.m.

To submit your comments about the proposed rule, email OED_Rules@oregon.gov by 5:00 p.m., June 29, 2016.​

Copies of all meeting materials are available in other languages at no cost upon request. Please contact the Rules Coordinator at OED_Rules@Oregon.gov to request these documents. 


Copias de todos los materiales de juntas está disponibles en otros idiomas a pedido y sin costo. Por favor comuníquese con el Coordinador de Reglas en OED_Rules@Oregon.gov para pedir estos documentos.

 

Копии всех материалов о собраниях предоставляются на других языках бесплатно, после запроса. Чтобы запросить эти документы, пожалуйста, свяжитесь с Координатором Правил по OED_Rules@Oregon.gov.


Bản sao của tất cả các buổi họp sẽ được cung cấp miễn phí theo yêu cầu bằng nhiều ngôn ngữ khác nhau.  Xin liên hệ với nhân viên điều hành (Rules Coordinator) tại 
OED_Rules@Oregon.gov để yêu cầu các tài liệu này.​​​​​​

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Legislative & Rules

Oregon Employment Department
875 Union St. NE 
Salem, OR 97311

Hours of Operation

8:00 AM  - 5:00 PM

Contact

Andrea Fogue, Legislative & Public Affairs Manager
Phone: 503-947-1301
Fax: 503-947-1304

Cristina Koreski, Rules Coordinator
Phone: 503-947-1471
Fax: 503-947-1878
Email: OED_Rules@oregon.gov

TTY: 7-1-1
 
Internet Relay: Sprint Relay Online
 
Click to subscribe for OED Administrative Rules updates

 

Please Note The Rules Coordinator duties are limited to overseeing the agency’s rules filing process, maintaining copies of all rulemaking done by the agency as well as maintaining the interested party mailing list.  This does not include interpretation of rules. If you have any questions related to Unemployment Insurance, please call 877-345-3484. If you have questions about work place related laws, please contact the Bureau of Labor and Industries at 971-673-0761.