| Employment Dept. Pending Rules |
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| OAR 471-030-0080 |
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Professional Technical Training
(1) Professional technical training, as defined in ORS 657.335, shall not be approved by the Director unless the public or private institution, school, or agency offering such program is certified or licensed by the Oregon State Board of Education, the Superintendent of Public Instruction, Regional Workforce Investment Board, or other Oregon State agency authorized to grant such certification or license or an equivalent state agency in the state where the training is to be provided.
(2) Professional technical training shall not be approved by the Director if the Director finds that the planned curriculum of classes and course activity is less than the equivalent of full-time student status as defined by the training provider. The Director may waive this requirement when such requirement would be inconsistent with the policy set forth in ORS 657.337.
(3) To receive benefits for any week during professional technical training, a dislocated worker who is otherwise eligible for unemployment insurance benefits must:
(a) Submit a written application for approval of professional technical training on forms prescribed or approved for such purpose by the Director, with the Employment Department Benefits Section - UI Training Programs Unit within 90 days of:
(A) Certification as a dislocated worker; or
(B) Termination from the dislocating employment; or
(C) The filing of a claim for unemployment insurance benefits; and
(b) Submit to the Employment Department a timely claim for such week in accordance with procedures established in 471-030-0045(4) of these rules; and
(c) At the end of each term provide to the Employment Department, grades or completion of program documentation, from the training facility which certifies that the claimant was satisfactorily pursuing the approved professional technical training; and
(c) Submit to the Employment Department a statement signed by an authorized representative of the training facility which certifies that the claimant was satisfactorily pursuing the approved professional technical training during such week; and
(d) Be in attendance half or more of the scheduled class days during such week unless the days not in attendance will not prevent satisfactory completion of the approved professional technical training.
(4) Decisions of the Director to approve or disapprove an application for course approval or to discontinue such approval for one or more weeks during professional technical training or to approve or deny supplemental benefits under the provisions of ORS 657.335 through 657.360 shall be in writing, shall set forth the reasons therefore, and shall be served upon the claimant by mailing to the claimant's last known address of record with the Employment Department.
(5) As used in ORS 657.335(1):
(a) "Eligible dislocated workers" includes:
(A) For purposes of ORS 657.345(1), any worker attending training financed wholly or in part, or directly delivered by, a recipient or subrecipient administering Title 1B of the Workforce Investment Act of 1998 (P.L. 105-220).
(B) For purposes of ORS 657.345(2), any worker identified as dislocated by the Employment Department under ORS 657.335(1).
(b) "Unlikely to return to their previous occupation or industry" includes the following:
(A) The individual has been identified as meeting the Worker Profiling Program participation threshold developed by the Employment Department, or
(B) The individual has been permanently separated from an employer in an occupation identified as declining by the Employment Department in that geographic area in which the claimant resides, or
(C) The individual has been evaluated and referred to training by a vocational rehabilitation provider, including but not limited to Vocational Rehabilitation Division, Workers Compensation Division, or a private insurance carrier.
(c) "Long-term unemployed" means unemployed from the dislocated occupation for at least 15 of the last 26 weeks or for at least 8 consecutive weeks immediately prior to application (including survival jobs during such period).
(6) In applying the provisions of ORS 657.340, the Director may approve a program of instruction, including transfer credit programs of instruction given at community colleges, leading toward a baccalaureate or higher degree or training that has for its purpose the preparation of persons for employment in occupations which require a baccalaureate or higher degree from institutions of higher education if:
(a) The individual does not have significant transferable skills for other occupations in the statewide labor market;
(b) Unless previously approved in accordance with the provisions of Title IB of the Workforce Investment Act of 1998 (P.L. 105-220), the individual is within 48 quarter credit hours (or the semester equivalent) from completing the baccalaureate or higher degree; and
(c) Completing the baccalaureate or higher degree offers the best chance of long term employment.
(7) As used in ORS 657.340(2), "attendance in professional technical training" means the period of time beginning with the starting date of the professional technical training and ends with satisfactory completion of the training program. The period of time defined in this section includes customary academic recesses for holidays and between academic terms but does not include the customary academic summer recess. For purposes of applying ORS 657.340(2), an individual may be determined not to be in "attendance in professional technical training" as defined in this section if the individual fails to demonstrate satisfactory progress and attendance as defined in section (3) of this rule.
(8) As used in ORS 657.340(3), "terms and conditions" includes "benefit year" as defined in ORS 657.010(3). In applying the provisions of ORS 657.340(3), the benefit year of an eligible dislocated worker may be extended, whether or not the benefit year has expired, if the eligible dislocated worker has not filed a subsequent initial claim establishing a new benefit year.
(9) The determination that an individual meets the definition of dislocated worker may be made by the Employment Department for purposes of paying benefits under ORS 657.335 to 657.360.
Rule Notes:
This rule is permanent. Please see the Secretary of State's website for the most current version of the rule in context.
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-010-0025 |
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Exemption from Summary Determination
Pursuant to OAR 137-003-0580 (4), the Oregon Employment Department is exempt from Motion for Summary Determination process under the Administrative Procedures Act.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-010-0045 |
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Witness Qualification
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.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0072 |
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Application of Payments
(1) Except as otherwise provided by statute, or directed by a court of competent jurisdiction, payments made to the Employment Department by or on behalf of an employer for taxes; and legal fees, penalties and interest related to taxes; in accordance with the provisions of ORS Chapter 657 shall identified by the Department as either Designated or Undesignated Payments and shall be credited to the employer’s account in the following order of priority:
(a)Undesignated Payments; payments received by the Employment Department that are not designated as a payment for a specific quarter or distraint warrant will be identified as an Undesignated Payment and will be credited to:
(A) To the oldest unwarranted unpaid quarter balance in the following order:
(i) Penalties;
(ii) Interest;
(iii) Tax.
(B) When all amounts due in (A) are paid, payments will be then be credited to the most recent unpaid distraint warrant in the following order:
(i) Legal Fees;
(ii) Penalties;
(iii) Interest;
(iv) Tax.
(b)Designated Payments; payments received by the Employment Department that are designated as a payment for a specific quarter or distraint warrant will be identified as a Designated Payment and will be credited to the specific designated quarter or distraint warrant as follows:
(i) Legal Fees;
(ii) Penalties;
(iii) Interest;
(iv) Tax.
(2) The Director may identify categories of indebtedness for internal accounting procedures and may retire each category separately in the order of priority set forth in section (1) of this rule.
(3) Nothing in this rule shall be construed in any way as abridging or limiting the authority or powers of the Director granted under ORS 657.457, 657.515, 657.517, or 657.610.
(4) The employees listed in OAR 471-031-0145 may act on behalf of the Director for purposes of sections (2) and (3) of this rule.
(5) Notwithstanding any instructions to the contrary by or on behalf of the employer, payments will be applied in the manner specified in this rule.
(6) Credit balances will be treated as payments for purposes of this rule.
(7) Legal Fees are defined as fees attributed to the recording or processing of distraint warrants on behalf of the agency for the purposes of collecting Unemployment Insurance taxes pursuant to ORS 657.396 and search fees attributed to garnishments issued to financial institutions pursuant to ORS Chapter 18.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0151 |
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Failure to File Reports or Pay Tax -- Good Cause
(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.
(3) In applying sections (1) and (2) of this rule, a lack of funds on the part of the employer shall not constitute good cause for failure to pay all taxes when due.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0190 |
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Shopping News
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.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0195 |
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Horticultural Commodity
(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."
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0200 |
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Ownership of Equipment
For the purposes of ORS 657.047(b), “their equipment” consists of vehicles or equipment independently furnished by the person providing the services, neither leased nor purchased from the for-hire carrier or affiliate entity, unless title to the vehicle or equipment is duly registered with the appropriate state agency under the service provider’s name.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0205 |
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Cafeteria Plans
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.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0210 |
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Bond or Deposit
(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.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0215 |
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Registered Domestic Partnerships
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.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0220 |
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Franchisee
(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 ORS 670.600 or some other exclusionary provisions of ORS Chapter 657 in order to be excluded from the classification of employee under this Chapter.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0225 |
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Limited Liability Company and Limited Liability Partnership Members and Partners
For the purposes of ORS 657.044(b) or (c), members of a limited liability company or limited liability partnership must:
(1) Must hold at least 10% ownership interest in the limited liability company or limited liability partnership; and
(2) must receive a share of the profit or loss commensurate with the percentage of ownership interest; and
(3) must have voting rights in the management of the company.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0230 |
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Musicians
For purposes of 657.506, notwithstanding ORS 657.040;
(1) The person or organization engaging the services of musicians is the employer of the musicians unless a written contract is executed that meets the requirements of ORS 657.506.
(2) Musicians operating as a corporation or limited liability company are employees of the corporation or limited liability company if the corporation or limited liability company is:
(a) duly registered with the State of Oregon Secretary of State, prior to the engagement; and
(b) independent of the organization engaging the services of the musicians.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| OAR 471-031-0235 |
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Fraud
For purposes of ORS 657.515(5), fraud is defined as the willful disregard of ORS 657.030 through 657.094, or the willful disregard of a prior determination of the Director or authorized representative of the department.
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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