Oregon Administrative Code

471-030-0020 Retirement Pay, Allocation of Periodic and Lump Sum Payments (1) For the purposes of ORS 657.205(1) and (2), the Director shall apportion lump sum payments on the basis of the individual's regular rate of pay for full-time employment. For the purposes of this section…

471-030-0021 Allocation of Wages (1) When an individual is paid at irregular intervals as described in ORS 657.150(3), the individual shall be considered to have been paid on the first of the month for the time worked the previous month, except that where an agreement provides th…

471-030-0022 “Full-Time Work” Defined “Full-time work,” for the purposes of ORS 657.100, is 40 hours of work in a week except in those industries, trades or professions in which most employers due to custom, practice, or agreement utilize a normal work week of more or less than 4…

471-030-0023 Incapable of Work for the Purpose of Extending the Base Year (1) As used in ORS 657.170, “incapable of work” means inability to engage in any gainful occupation solely because of physical or mental defect, disease or injury as verified in writing by a licensed medica…

471-030-0025 Claimant’s Responsibilities (1) With all claims, an individual shall furnish the Director with their social security number and other information required for processing their claim. Such information may include, but is not limited to, information pertaining to prior…

471-030-0034 Reemployment Service Assistance and Eligibility (1) In determining under ORS 657.156 whether an individual is likely to exhaust benefits and will need reemployment service assistance to make a successful transition to new employment the Employment Department may cons…

471-030-0035 Work Registration (1) A claimant may fulfill the "registered for work" requirements of ORS 657.155(1)(a) by completion of such processes as directed by the Director in order to create a full registration for work. (2) “Full registration for work” as used in this rule…

471-030-0036 Eligibility Factors (1) In considering suitable work factors under ORS 657.190 and for purposes of determining eligibility under 657.155(1)(c), the Director may require an individual to actively seek the type of work the individual is most capable of performing due t…

471-030-0037 Prevailing Rate of Pay (1) For the purposes of ORS 657.176(2)(d), and for the purposes of ORS 657.195(1)(b), work is not suitable if the rate of pay is substantially less favorable than the rate prevailing in the locality. A rate of pay is substantially less favorabl…

471-030-0038 Work Separations, Job Referrals and Job Refusals (1)(a) As used in ORS 657.176(2)(a), (b) and (c) and sections (1) through (5) of this rule the term "work" means the continuing relationship between an employer and an employee. An employment relationship exists even i…

471-030-0039 Administrative Decisions (1) Administrative decisions made in compliance with the requirements of ORS 657.267 and 657.268 shall be based upon reliable information, gathered as necessary by the authorized representative from the claimant, employers and other sources a…

471-030-0040 Initial, Additional, and Reopened Claims (1) As used in these rules, unless the context requires otherwise: (a) "Claimant" is an individual who has filed an initial, additional, or reopened claim for unemployment insurance purposes within a benefit year or other elig…

471-030-0042 Good Prospects In applying the provisions of ORS 657.325(8), an individual has good prospects for obtaining work if the Director finds that the individual could be reasonably expected to obtain work in the individual’s customary occupation within four weeks from the …

471-030-0043 Customary Occupation In applying the provisions of ORS 657.325(8), customary occupation means any work that the individual is capable of performing based on experience and training with respect to the individual’s work history during the most recent three-year period…

471-030-0044 Systematic and Sustained Search for Work (1) For purposes of ORS 657.325(10), the term “systematic and sustained effort to obtain work” means: (a) “Systematic effort” is a thorough search for work conducted in accordance with a written plan that is calculated to prod…

471-030-0045 Continued Claims (1) As used in these rules, unless the context requires otherwise: (a) "Continued Claim" means an application that certifies to the claimant's completion of one or more weeks of unemployment and to the claimant's status during these weeks. The certif…

471-030-0046 Non-Cash Remuneration Applicable to Benefit Claims (1) For the purposes of ORS 657.150(6), room and board and other non-cash remuneration provided to an individual in partial or full satisfaction for services performed, except in agricultural labor or domestic servic…

471-030-0048 Amended Monetary Determinations (1) An individual who receives a monetary claim determination under ORS 657.266(2) may request that the determination be amended. The Director upon receipt of such a request will examine wage records submitted to the Department by empl…

471-030-0049 Lost, Stolen or Destroyed Benefit Checks The Director will proceed in the following manner when a benefit check has been lost, stolen or destroyed: (1) For purposes of this rule: (a) A benefit check is “lost” if the claimant never received an issued check, and the ch…

471-030-0050 Benefit Payments (1) Benefits shall be paid by such method as the Director may approve. (2) The Employment Department’s primary payment method to any individual approved to receive unemployment insurance benefits is electronic funds transfer. “Electronic funds transf…

471-030-0051 Cancellation of Overpayments, Tolerance Policy (1) When any amount due to be repaid to the Director under the provisions of ORS 657.310, 657.315 or under any federal benefit or assistance program administered by the Employment Department is less than one dollar, such…

471-030-0052 Misrepresentation Disqualification (1) An authorized representative of the Employment Department shall determine the number of weeks of disqualification under ORS 657.215 according to the following criteria: (a) When the disqualification is imposed because the indivi…

471-030-0053 Waiving Recovery of Overpayments (1) The effective date of this rule is June 23, 2024. (2) This rule addresses waiving recovery of overpayments pursuant to ORS 657.317. (3) Overpayments will be waived if recovery of benefits is against equity and good conscience base…

471-030-0054 Theft Cases For purposes of satisfying ORS 657.176(3)(b), any person, party or entity may present the Employment Department with the written admission. Statutory/Other Authority: ORS 657.610 Statutes/Other Implemented: ORS 657.176 History: ED 29-2018, minor correctio…

471-030-0055 Continuous Jurisdiction (1) In accordance with the provisions of subsection (2) of ORS 657.290, 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 d…

471-030-0056 Investigatory Subpoenas (1) Investigators or their supervisors may issue and cause to be served subpoenas which compel the attendance of witnesses, order the production of any books, papers, contracts, accounts, records, documents or other physical evidence, or both,…

471-030-0057 Payment of Benefits Due a Deceased Person (1) Any individual who requests receipt of benefits due a deceased person in accordance with ORS 657.255(2) will be required by the Director to complete a notarized affidavit attesting to the death of the claimant and to the …

471-030-0058 Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program (1) The Oregon Employment Department may submit liquidated unemployment insurance overpayments and delinquent taxes for offset against federal tax refunds and federal non-tax payments throu…

471-030-0060 Procedure for Payment of Benefits for Partial Unemployment (1) As used in these rules, a partially unemployed individual is one who: (a) Has been working full time and remains attached to their usual and regular employer; and (b) Now works some but less than their cu…

471-030-0065 Discretionary Filing Procedures (1) Pursuant to the provisions of ORS 657.155(1)(a) and to support the policy of prompt payment of benefits when due, the Director may discretionally authorize the use of special or alternative forms and procedures for filing unemploym…

471-030-0071 Benefit eligibility during a declared emergency Unless otherwise provided, the provisions of this rule apply retroactively, beginning September 13, 2020. (1) During a state of emergency declared by the Governor under ORS 401.165, or a public health emergency declared…

471-030-0074 School Employees (1) The effective date of this rule shall apply retroactively to September 1, 2021. (2) An “academic year” is the time frame within 12 months and separated by break periods in which an educational institution, program(s) within an educational institu…

471-030-0075 Contract or reasonable assurance defined (1) The following must be present before determining whether an individual has a contract or reasonable assurance: (a) There must be an offer of employment, which can be written, oral, or implied. The offer must be made by an …

471-030-0076 Benefits for Athletes (1) As used in ORS 657.186, "any services, substantially all of which consist of participating in sports or athletic events" means all services performed by an individual in any subject employment during their base year if such individual was en…

471-030-0077 Benefits for Aliens (1) With respect to the application of the provisions of ORS 657.184, any data or information required of an applicant to obtain verification as to the individual’s status as an alien or a citizen shall, on the initial claim application, be unifor…

471-030-0079 Shared Work Plans and Benefits (1) The beginning date for a shared work plan shall be no earlier than the week after the plan is approved. (2) An initial claim for shared work benefits is effective the week filed. An initial claim for shared work benefits submitted p…

471-030-0080 Career and Technical Training (1) Career and 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 E…

471-030-0081 Relief of Charges to Employers (1) For the purposes of ORS 657.471(7)(a)(B), the "most recent separation from the employer" means the latest separation from such employer at the time notice of an initial valid determination of a claim filed by an individual is mailed…

471-030-0082 Charge Relief for Part-Time Work (1) For purposes of ORS 657.471(9)(a) and (c): (a) "Part-time work" means hours of work which are less than full-time as defined in OAR 471-030-0022; (b) "Substantially the same amount" means wages have been earned by the part-time em…

471-030-0083 Employer Penalties For the purposes of ORS 657.471: (1) A request for information means when the Department asks an employer or its representative to provide the Department with information regarding Unemployment Insurance by: (a) A written notice of claim filing as …

471-030-0095 Claim Cancellations (1) An initial or amended determination may be canceled at any time provided the requirements of ORS 657.266(4) are met. (2) Requests for cancellation may be taken by phone or in writing. Any written request must be signed by the claimant or by an…

471-030-0097 Labor Disputes The term “labor dispute” as used in the Employment Department law means any concerted or deliberate action by two or more individuals or by an employing unit resulting in either a strike or lockout in which wages, hours, working conditions or terms or …

471-030-0100 Maximum Benefit Amount For purposes of ORS 657.176(4) the term “maximum benefit amount” shall be the amount of benefit entitlement established under 657.150(5). Statutory/Other Authority: ORS 657 Statutes/Other Implemented: ORS 657.176(4) History: ED 45-2018, minor c…

471-030-0120 Jury Duty For purposes of ORS 657.155(1)(c), an individual who is in all respects otherwise eligible for unemployment insurance benefits shall not be denied benefits solely by reason of serving on jury duty provided: (1) The individual does not miss an opportunity to…

471-030-0125 Drug, Cannabis, and Alcohol Adjudication Policy (1) Purpose. For purposes of any applicable provision of ORS 657.176, this rule establishes policy for adjudicating cases involving the use, sale, possession or effects of drugs, cannabis, or alcohol in the workplace. (…

471-030-0126 Absence Due to Alcohol, Cannabis, or Drug Use (1) "Drug" has the meaning given in ORS 475.005(6); (2) "Documentation of program participation" means a signed statement by an authorized representative of the recognized program that the individual is or was participati…

471-030-0150 Domestic Violence (1) As used in ORS 657.176(12) and for purposes of this rule, "a member of the individual’s immediate family” has the same meaning as the term is defined in OAR 471-030-0038(1). (2) As used in ORS 657.176(12), "domestic violence" means the physical …

471-030-0174 Child Support Intercept Appeals (1) An individual who has had benefits withheld pursuant to ORS 657.780 shall have appeal rights from such action. Such appeal must be filed in writing within 20 days of the mailing of an affected benefit payment and shall be confined …

471-030-0210 Interstate Reciprocal Overpayment Recovery Arrangement (1) The following rules shall govern the Oregon Employment Department in its administrative cooperation with other States adopting similar regulations for the recovery of overpayments. (2) Definitions: As used in…

471-030-0215 Union Referral List As used in ORS 657.176(11)(c), “referral list under the collective bargaining agreement” means a list of unemployed members in good standing maintained by a union/labor organization to which the worker belongs. The union/labor organization maintai…