Agency Information

Proposed Rules​


​​Temporary Rules

Temporary Oregon Administrative Rule (OAR) 471-060-0005, Request for Change of Administrative Law Judge, was filed with the Secretary of State's office on June 7, 2021, became effective on June 7, 2021, and expires on December 3, 2021.

Here is the link for the temporary rule language.

Oregon Revised Statute (ORS) 183.645 provides that any party or agency appearing in a contested case hearing before the Office of Administrative Hearings (OAH) may request a change of the administrative law judge assigned to their case. For most cases, the statute requires that the first request be automatically granted subject only to any “time limitations" imposed by rule. In July 2020, the Oregon Supreme Court held that the current version of the rule is invalid because it does not impose a time limitation that is an “objectively identifiable time period" ascertainable in advance.  Pulito v. Oregon State Board of Nursing, 366 Or. 612 (2020).

This temporary rule is intended to impose a time limitation consistent with the Supreme Court's holding. The temporary rule will require that any request to change the administrative law judge be filed within 10 business days after the judge is assigned to the case. The temporary rule extends that deadline in cases in which the failure to file a timely request is due to an excusable mistake, surprise, excusable neglect, reasonable reliance on the statement of a party, agency, or the OAH relating to procedural requirements. In such cases, the party or agency may file the request within 10 business days after the circumstances that prevented a timely filing have come to an end. 

The OAH is adopting this temporary rule while the permanent rulemaking process occurs. ​

​​​​​​​​​​​​​​​​Newly Adopted Rules

An email notification was sent out via the GovDelivery Listserv at the beginning of April when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators. The public Comment period ended at 5 p.m. on Wednesday, May 19, 2021, at 5:00 p.m. A hearings report will be made available upon request.

On Friday, April 23, 2021, the Department held a public hearing using the Zoom platform from 2 p.m. to 4 p.m.

We received no comments during the hearing and no public comments were received through the OED_Rules@oregon.gov email account during the public review process.

After evaluation at the conclusion of the public comment period, the department has decided to proceed with filing the rule as an amended permanent rule. Here is the link to the Secretary of State Office's webpage where you can find the amended language for the Permanent Rule for OAR 471-030-0079. Here is the link to view the filing receipt.

Notice of Proposed Rulemaking

The Employment Department is promulgating permanent rulemaking to expand individuals' eligibility for Work Share benefits through the amendment of OAR 471-030-0079. From this point forward, this rule potentially will enable people who previously would have been denied Work Share benefits to now be eligible to receive them.​

With Work Share benefits being more widely available under this rule, we believe some people who would have missed a work opportunity because of a situation outside of their control, and been denied Work Share benefits, would now be able to receive them. This change fulfills the Unemployment Insurance program purpose of replacing part of the income lost when workers become unemployed through no fault of their own.

You will find a copy of the Notice of Proposed Rulemaking Hearing for the rule including the Statement of Need and Fiscal Impact and proposed rule language on our website.

The Proposed Rulemaking Hearing for this rule amendment will occur on Friday April 23, 2021, virtually by the Oregon Employment Department from 2 – 4 p.m. Interested parties will have the option to attend the meeting virtually as it will be broadcast using the Zoom platform. Registration instructions will be found on our social media pages and this website. ​

Anyone interested in providing the department feedback on the rule, is welcome to attend the virtual public hearing. If you cannot attend the hearing virtually but want to provide comments on the rule, conference line information will be provided closer to the public hearing date.

Written comments may also be submitted by e-mail to OED_Rules@oregon.gov no later than Wednesday May 19, 2021, at 5:00 p.m. All comments received will be reviewed and considered before the department proceeds with the permanent rulemaking. 

The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.​

An email notification was sent out via the GovDelivery Listserv at the beginning of April 2021 when the Notice of Proposed Rulemaking was filed with the Secretary of State's Office to over 25,000 people. Oregon Legislators also received an email notice informing them of the Notice of Proposed Rulemaking. No comments have been received by the Legislators. The public comment period ended at 5 p.m. on Wednesday, May 19, 2021. A hearings report will be made available upon request.

It is important to note that we will not charge tax-paying employers for Unemployment Insurance (UI) benefits paid due to identity theft or criminal impersonation. No rule change was required for this protection.

This rule will protect non-profit employers, tribes, and state and local governments from additional liability or expense associated to UI benefits paid due to identity theft or criminal impersonation.

On April 30, 2021, from 2 pm to 4 p.m. the Department held a public hearing using the Zoom platform. We had no individuals comment during the hearing and one public comment which was received through the OED_Rules@oregon.gov email account during the public comment period. The individual expressed support for the new rule which protects reimbursing employers from additional or erroneous charges associated with fraudulent UI claims and activity. No other comments were received.

After evaluation at the conclusion of the public comment period and after review of the comment that was received during the public comment period, the Department has decided to proceed with adopting the rule as a permanent rule. Here is the link to the Secretary of State Office's webpage where you can find the adopted language for the Permanent Rule for OAR 471-031-0310.

Notice of Proposed Rulemaking

The Employment Department promulgated permanent rulemaking to adopt Oregon Administrative Rule (OAR) 471-031-0310 that will alleviate reimbursing employers from the payment of, and liability for, benefit charges as they relate to UI benefits that were paid to individuals because of identity theft or criminal impersonation per Oregon Revised Statutes (ORS) 165.800 and ORS 165.815.

There has been a massive increase in identity theft and criminal impersonation with unemployment insurance benefits. This fraudulent activity is somewhat anticipated because of the increased availability of benefits programs due to COVID-19. This rule aims to address the growing issue of unemployment insurance fraud and prevent charges to employers for payments due to identity theft or criminal impersonation.

We have published the filing receipt for the Notice of Proposed Rulemaking Hearing and Statement of Need and Fiscal Impact with proposed rule language on our website.

The Proposed Rulemaking Hearing for this rule adoption was on Friday April 30, 2021, from 2 to 4 p.m. Interested parties had the option to attend the meeting virtually using Zoom. Registration instructions were published on our social media pages and this website prior to the hearing.

Anyone interested in providing the Department feedback on the rule was welcome to attend the virtual public hearing or submit written comments to our OED Rules email inbox. .

Written comments were also able to be submitted by email to OED_Rules@oregon.gov no later than Wednesday, May 19, 2021, at 5 p.m.    

The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.

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The Oregon Employment Department is an equal opportunity employer/program. Auxiliary aids and services are available upon request to individuals with disabilities. Language assistance is available to persons with limited English proficiency at no cost.


​Legislative & Rules

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

Hours of Operation

8:00 AM  - 5:00 PM

Contact

Anne Friend, Rules Coordinator
Phone: 503-947-1471
Fax: 503-947-1472 
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.

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