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.