Oregon Administrative Code

471-031-0235 Volunteer Consideration For purposes of ORS 657.015: (1) “Adequate consideration for the services performed” with respect to volunteers is as defined in the Internal Revenue Code Title 26, Subtitle C, Section 3306(c)(10)(A). (2) Payments to volunteers that are reimbu…

471-031-0301 Election of coverage for services normally excluded from unemployment insurance Unless otherwise provided, the provisions of this rule apply retroactively, beginning September 22, 2020. (1) For purposes of ORS 657.425(1), it is considered a written election for an em…

471-031-0310 Benefits Obtained as a Result of Identity Theft (1) The provisions of this rule apply retroactively to initial claims effective after January 1, 2020. (2) For the purposes of applying ORS 657.505, it shall not be considered benefits paid out to a claimant as a result…

471-031-0315 Declaration that Oregon House Bill 3389 was passed to address the COVID-19 Pandemic. Oregon House Bill 3389 became effective on September 25, 2021, and utilized flexibilities allowed under the Emergency Unemployment Insurance Stabilization and Access Act of 2020 (EUI…

471-031-0320 Implementation of Provisions Related to Unpaid Deferral Balances (1)(a) If applying the provisions of Section 4 (1)(b) of ORS chapter 657 [2021 c.638 §2] [2021 c.638 §4], an employer receiving a deferral of taxes due for calendar year 2021 must pay the deferred amoun…

471-040-0005 Request for Hearing (1) A Request for hearing may be filed on forms provided by the Employment Department or similar offices in other states. Use of the form is not required provided the party specifically requests a hearing or otherwise expresses a present intent to…

471-040-0007 Contested Case Proceedings Interpretation for Limited English Proficient Persons (1) This rule applies to the Employment Department's Unemployment Insurance contested case proceedings that require the services of an interpreter for a limited English proficient person…

471-040-0008 Contested Case Proceedings Interpretation for Individuals with a Disability (1) For purposes of this rule: (a) An "assistive communication device" means any equipment designed to facilitate communication by an individual with a disability; (b) An "individual with a d…

471-040-0010 Late Request for Hearing (1)“Good cause” exists when an action, delay, or failure to act arises from an excusable mistake or from factors beyond an applicant’s reasonable control. (a) Good cause includes but is not limited to: (A) Failure to receive a document becaus…

471-040-0015 Notice of Hearing (1) To afford all parties a reasonable opportunity for a fair hearing, notice of hearing setting forth the time, date, place, and issue(s) in general shall be personally delivered or mailed at least five days in advance of the hearing to parties or …

471-040-0020 Subpoenas (1) At the timely request of a party or on the administrative law judge's own initiative, an administrative law judge may issue a subpoena requiring a person to appear at a scheduled hearing for the purpose of giving testimony, or producing books, records, …

471-040-0021 Postponement of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be postponed. (2) A postponement may be granted by Office of Administrative Hearings…

471-040-0023 Telephone Hearings (1) Unless precluded by law, the Employment Department may, in its discretion, hold a hearing or portion of a hearing by telephone. Nothing in this rule precludes the Department from allowing some parties or witnesses to attend by telephone while o…

471-040-0025 The Hearing (1) The purpose of the hearing is to inquire fully into the matters at issue and to make a decision on the basis of the evidence adduced at the hearing. (2) No administrative law judge shall participate in a hearing if the administrative law judge has any…

471-040-0026 Continuance of Hearing (1) At the request of a party or on the administrative law judge’s own initiative, an administrative law judge may order, orally or in writing, that a hearing be continued. (2) A administrative law judge may grant a continuance at the request o…

471-040-0030 Administrative Law Judge’s Decision (1) The administrative law judge shall promptly prepare and serve a written decision after the conclusion of the hearing. (2) The administrative law judge’s decision shall be based upon the evidence in the hearing record and upon a…

471-040-0035 Dismissals of Requests for Hearing (1) An administrative law judge may order that a request for hearing be dismissed upon request from the appellant to withdraw the request for hearing. (2) An administrative law judge may order that a request for hearing be dismissed…

471-040-0040 Reopening of a Hearing (1) After service of an administrative law judge's written decision as set forth in ORS 657.270, an administrative law judge may reopen the hearing if the party: (a) Requesting the reopening failed to appear at the hearing; (b) Files in writing…

471-040-0041 Late Request to Reopen (1) The period within which a party may request reopening may be extended if the party requesting reopening: (a) Has good cause for failing to request reopening within the time allowed; and (b) Acts within a reasonable time. (2) “Good cause” ex…

471-041-0050 Definitions (1) "ALJ" means Administrative Law Judge. (2) "Applicant" means the party on whose behalf the application for review was filed. (3) "EAB" means the Employment Appeals Board. (4) “Mail” means United States Postal Service mail or private mail carrier. (5) “…

471-041-0060 Application for Review (1) An application for review may be filed on forms provided by OAH or the Employment Department and other similar offices in other states. Use of the form is not required, provided the applicant requests review of a specific ALJ Order, or othe…

471-041-0065 Filing Dates (1) Filing dates shall be determined as follows: (a) If delivered in person, the filing date is the date of delivery, as evidenced by the receipt date stamped or written by the public employee who received the document. (b) If mailed, the filing date is …

471-041-0070 Late Application for Review (1) An application for review is timely if it is filed within 20 days of the date that OAH mailed the ALJ Order sought to be reviewed. EAB shall dismiss a late application for review unless the filing period is extended in accordance with …

471-041-0075 Acknowledgement of Application for Review When EAB receives a valid and timely application for review of an ALJ Order that is adverse to the applicant’s interests, it shall notify all parties promptly by mail or electronic means. Statutory/Other Authority: 657.610, O…

471-041-0080 Presentation of Argument (1) Parties may submit written argument within 20 days of the date that EAB provides the notice required by OAR 471-041-0075. (2) A party’s written argument will not be considered unless it: (a) Includes a statement that a copy was provided t…

471-041-0090 Additional Evidence (1) Except as stated in this rule, information not received into the hearing record will not be considered on review. (a) EAB may receive additional evidence into the record if necessary to complete the record. (b) Any party may request that EAB c…

471-041-0095 Case Consolidation and Voting Cases involving multiple parties, similar facts or similar issues may be consolidated. Cases are considered in panels of two or three EAB members. A member shall disqualify himself or herself from participation in any case in which the m…

471-041-0098 Request to Withdraw Application for Review An applicant’s written request to withdraw an application for review will be allowed unless the request is received after notice of EAB’s decision has been issued. Statutory/Other Authority: ORS 183, 657.610 & 657.685 Statut…

471-041-0100 Notice of Decision (1) Notice of EAB’s decision shall be by United States Postal Service mail or electronic means to each party or its representative at the physical or electronic address of record with EAB. (2) Notice of EAB’s decision shall include: (a) A caption i…

471-041-0145 Reconsideration (1) Any party may request reconsideration to correct an error of material fact or law, or to explain any unexplained inconsistency with Employment Department rule, or officially stated Employment Department position, or prior Employment Department pra…

471-060-0005 Request for Change of Administrative Law Judge (1) The purpose of this rule is to establish uniform procedures for the change of assignment of administrative law judges. (2) The words and terms used in OAR 471-060-0005 have the following meanings: (a) An administrati…

471-070-0001 Purpose The purpose of the division 70 rules is to provide procedures, standards, responsibilities, and criteria for administration of the Paid Leave Oregon program, defined in OAR 471-070-0010. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS …

471-070-0010 Definitions (1) “Paid Leave Oregon” means the Paid Family and Medical Leave Insurance program as described under ORS chapter 657B. (2) “Volunteer” as used in ORS 657B.010(14)(b)(E), means an individual who performs services for a public agency or private non-profit o…

471-070-0400 Wages: Definitions (1) “Agricultural labor” (a) Except as provided in subsection (c) of this section, “agricultural labor” means service on a farm in connection with the production, raising, or harvesting of any agricultural or horticultural commodity, includes farmi…

471-070-0415 Wages: Incidental Expenses (1) Wages do not include: (a) Moneys paid to employees to reimburse them for meal expenses in the event employees are required to perform work after their regular office hours; and (b) Amounts paid to employees to reimburse them for traveli…

471-070-0420 Wages: Pensions An individual receiving a pension from a former employer shall not be considered an employee of that employer solely because of the pension. The amount of the pension is not wages Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS…

471-070-0425 Wages: Jury Pay Compensation, reimbursement, fees, lodging, meals or other remuneration paid or provided to an individual for services performed as a juror are not wages. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: ED 4-2…

471-070-0430 Wages: Bonuses, Fees, and Prizes Bonuses, fees and prizes are wages if paid or given by the employer to an employee as compensation, reward, or added remuneration for services. Bonuses, fees, and prizes shall be included in the payroll of the employer at the time the…

471-070-0435 Wages: Disability Payments and Accident Compensation (1) When an employer continues the payment of wages during a disability period, or pays to the employee all or part of the difference between benefits or compensation received from an insurance carrier or State Acc…

471-070-0440 Wages: Gifts (1) Gifts, other than tips or gratuities, received by an employee during the course of employment from persons other than their employer are not wages. (2) The director reserves the right, based on the facts in each particular case, to determine whether …

471-070-0445 Wages: Remuneration Types Wages include, but are not limited to: (1) Commission or a guaranteed wage; (2) Compensatory pay; (3) Dismissal or separation allowances; (4) Holiday pay; (5) Paid time off; (6) Sick pay; (7) Stand-by pay; (8) Tips or gratuities; and (9) Vac…

471-070-0450 Wages: Remuneration Other than Cash (1) Subject to the provisions of section (2) of this rule, wages include the cash value of all remuneration paid in any medium other than cash, except for agricultural labor and domestic service, as defined in the wage definition a…

471-070-0455 Wages: Cafeteria Plans Employee benefits paid through a cafeteria plan, as defined in the Internal Revenue Code Section 125, are not wages if listed as excluded in ORS 657.115, even if paid through a payroll deduction. Statutory/Other Authority: ORS 657B.340 Statutes…

471-070-0465 Wages: Corporate Officer and Shareholder Dividends Remuneration means and includes any payments, which includes dividends paid to a corporate officer or shareholder, are wages to the extent that those payments are reasonable compensation for services performed for th…

471-070-0470 Wages: Paid Leave Oregon Benefits Paid Leave Oregon benefits issued by the Employment Department, employer or administrator through an approved equivalent plan, are not wages. Statutory/Other Authority: ORS 657B.340 Statutes/Other Implemented: ORS 657B.010 History: E…

471-070-0550 Continuous Jurisdiction (1) In accordance with the provisions of ORS 657B.110, the director designates the following employees to have the authority to act for and in the name of the director in matters of reconsideration and correction of any final decision under OR…

471-070-0800 Outreach Plan (1) In order to both inform and receive input from Oregon employers and eligible employees about the Paid Leave Oregon program before and after implementation, the department will establish an outreach and community engagement plan with a small employer…

471-070-0850 Electronic Filing (1) Any return, statement, other document or report required to be filed under any provision of the laws administered by the department may be filed in electronic (as defined in ORS chapter 84) form if an authorized electronic method of filing such …

471-070-0900 Confidentiality: Definitions (1) “Customer information” means information pertaining to an individual or a business entity contained in the records of the Employment Department related to the Paid Leave Oregon program, and includes: (a) Aggregations of data about few…

471-070-0910 Confidentiality: Information Collection (1) The Paid Leave Oregon program shall collect customer information only for the purpose of administering ORS chapter 657B. (2) The Paid Leave Oregon program shall collect an individual’s Social Security Number or Individual T…