Chapter 657 — Chapter 657

ORS 657.684 Judicial review of decisions under ORS 657.683. Judicial review of decisions under ORS 657.683 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 20 days after the order is final. The Director of the Employment Department may file petition for judicial review in accordance with this section from decision of the administrative law judge. When judicial review is upon an assessment or assessments made pursuant to ORS 657.681 and the court determines the assessment or assessments are valid, judgment shall be given in favor of the director for the amount due as determined by the court. [1971 c.734 §100; 1999 c.849 §153; 2003 c.75 §106]

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ORS 657.685 Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules. (1) The Employment Appeals Board hereby is created within the Employment Department

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ORS 657.690 Employment Appeals Board powers. The Employment Appeals Board has the power

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ORS 657.695 Employment Department Advisory Council; members; compensation and expenses. (1) To assist the Director of the Employment Department in the effective development of policies and programs with respect to unemployment insurance and employment service and in securing to this state the benefits of the Wagner-Peyser Act, and particularly with respect to carrying out ORS 657.615, there hereby is created an advisory council within the Employment Department to be known as the Employment Department Advisory Council

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ORS 657.700 Special councils for program development. The Director of the Employment Department may also appoint committees, and industrial or other special councils, to perform appropriate services in connection with the development of unemployment insurance and employment service programs who shall serve without compensation. [Formerly 657.678]

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ORS 657.702 Department to encourage volunteering. (1) The Employment Department shall

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ORS 657.705 Oregon State Employment Service. There is created under the Director of the Employment Department a division, to be known as the Oregon State Employment Service, which shall be affiliated with the United States Employment Service. Such division shall be administered by a person well qualified by technical training and experience in the functions to be performed. [Amended by 1959 c.583 §17; 1969 c.597 §189; 1993 c.344 §10]

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ORS 657.710 Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies. (1) The Director of the Employment Department shall establish and maintain such free public employment offices, including such branch or affiliate offices, as may be necessary for the proper administration of this chapter and for participation in Oregon’s workforce development system

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ORS 657.715 Wagner-Peyser Act accepted. The State of Oregon hereby accepts the provisions of the Act of Congress approved June 6, 1933, entitled “An act to provide for the establishment of a national employment system and for cooperation with the states in the promotion of such system, and for other purposes.”

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ORS 657.720 Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service. (1) The Director of the Employment Department is designated and constituted the agency of this state for the purpose of the Wagner-Peyser Act. The director shall cooperate with all authorities of the United States having powers and duties under the Wagner-Peyser Act and do and perform all things necessary to secure to this state the benefits of the Wagner-Peyser Act in the promotion and maintenance of a system of public employment offices

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ORS 657.725 Employment districts. The Director of the Employment Department may divide the state into such number of employment districts as the director finds necessary and maintain a district office in each of said districts

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ORS 657.730 Workforce and labor market information system; rules. (1) As used in this section, unless the context requires otherwise

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ORS 657.732 [Formerly 329.965; 2003 c.238 §1; 2003 c.794 §313; repealed by 2011 c.31 §1]

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ORS 657.734 Performance Reporting Information System; rules. (1) As used in this section

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ORS 657.736 [Formerly 329.955; repealed by 2017 c.307 §6]

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ORS 657.747 Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity. If the Employment Department becomes aware in the normal course of business that an employer has contracted with the United States to conduct forest maintenance activity on federal forestland in this state and is not in compliance with the requirements under 20 C.F.R. 655 for H-2B temporary employment certification regarding the forest maintenance activity, the department shall

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ORS 657.749 Department actions when certain forest maintenance activity jobs listed. (1) If an employer lists an available forest maintenance activity job under a federal H-2B certification for temporary nonagricultural work with the Employment Department, the department shall

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ORS 657.755 Cooperation with federal agencies administering unemployment insurance laws. The Director of the Employment Department shall

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ORS 657.757 Cooperation with federal agencies administering training or retraining programs and other assistance. (1) The Employment Department is authorized to cooperate with or enter into agreements with appropriate agencies of the federal government whereby

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ORS 657.760 Reciprocal agreements on coverage and collection of contributions. The Director of the Employment Department may enter into agreements with the appropriate agencies of other states or the federal government whereby

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ORS 657.765 Reciprocal agreements concerning payroll taxes for out-of-state work. Whenever the unemployment insurance laws of other states provide for inclusion of out-of-state payment of wages in computing wages paid in like manner as provided in ORS 657.095 (2), the Director of the Employment Department may enter into agreements with those empowered to administer the unemployment insurance laws of such other states for the purpose of

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ORS 657.770 Reciprocal agreements concerning wages used as basis for benefits. (1) The Director of the Employment Department may enter into reciprocal arrangements with appropriate and duly authorized agencies of other states or of the federal government, or both, whereby wages, upon the basis of which an individual may become entitled to benefits under an employment security law of another state or of the federal government, shall be deemed to be wages for insured work for the purpose of determining benefits under this chapter. Wages for insured work, on the basis of which an individual may become entitled to benefits under this chapter, shall be deemed to be wages on the basis of which unemployment insurance is payable under such law of another state or of the federal government

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ORS 657.775 Cooperation with other states on reciprocal basis for collection of contributions. (1) The courts of the State of Oregon shall recognize and enforce the liability for unemployment insurance contributions imposed by other states which extend a like comity to this state, and officials of such other states may initiate civil proceedings in the courts of this state to enforce the collection of such contributions. The certificate of the Secretary of State of such other states that such officials have the authority to collect the contributions is conclusive evidence of such authority

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ORS 657.780 Agreements with governmental agencies to withhold benefits for child support obligations; rules. (1) As used in this section, “appropriate agency” means an agency authorized to enforce child support obligations pursuant to a plan approved under part D of title IV of the Social Security Act

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ORS 657.783 Supplemental Employment Department Administration Fund; biennial transfer of excess budgeted moneys to Unemployment Compensation Trust Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Supplemental Employment Department Administration Fund. The Supplemental Employment Department Administration Fund shall consist of moneys collected or received by the Employment Department pursuant to ORS 657.462

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ORS 657.785 Agreement for Interstate Reciprocal Overpayment Recovery Arrangement. (1) The Director of the Employment Department may enter into an agreement or agreements with any other state’s employment security agency, or group thereof, including the Interstate Reciprocal Overpayment Recovery Arrangement, for the mutual and reciprocal recovery of overpaid unemployment compensation benefits. Notwithstanding any other provision of this chapter, the director may withhold from benefits otherwise due amounts necessary to recover overpaid benefits on behalf of other states with which the director has entered into such mutual and reciprocal agreements

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ORS 657.805 Unemployment Compensation Trust Fund. There hereby is created the Unemployment Compensation Trust Fund. The fund shall consist of

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ORS 657.807 Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund. (1) The Governor of the State of Oregon is hereby authorized in the discretion of the Governor to make necessary application to the Secretary of Labor of the United States to obtain an advance or advances pursuant to title XII of the Social Security Act, as amended

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ORS 657.810 Deposit and use of fund. (1) All moneys received for the Unemployment Compensation Trust Fund under ORS 657.805 shall be deposited with the State Treasurer subject to ORS 657.830

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ORS 657.812 Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury. (1) Money credited to the account of this state in the Unemployment Trust Fund by the Secretary of the Treasury of the United States of America pursuant to section 903 of the Social Security Act, as amended, may be requisitioned and used for the payment of expenses incurred for the administration of this chapter pursuant to a specific appropriation by the legislature, provided that the expenses are incurred and the money is requisitioned after the enactment of an appropriation law which

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ORS 657.813 Use of moneys made available under Social Security Act for administrative expenses. Notwithstanding ORS 657.812, the Employment Department may accept funds made available to this state under section 903 of the Social Security Act, as amended, for payment of administrative expenses relating to the unemployment insurance program. [1999 c.970 §2]

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ORS 657.815 Unemployment Compensation Benefit Fund. (1) There is created, separate and distinct from the General Fund, the Unemployment Compensation Benefit Fund. Such fund shall consist of all amounts withdrawn from the Federal Unemployment Trust Fund, upon requisition of the Director of the Employment Department, except as provided in ORS 657.812

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ORS 657.820 Unemployment Compensation Administration Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Unemployment Compensation Administration Fund, to consist of all moneys received by the state or the Director of the Employment Department for the expenses of administration of this chapter, including such proportion of total expenses of maintaining public employment offices incurred for the purposes of this chapter

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ORS 657.822 Employment Department Special Administrative Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Department Special Administrative Fund. The Employment Department Special Administrative Fund shall consist of moneys collected or received by the Employment Department as follows

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ORS 657.823 Employment Tax Guarantee Fund. (1) There is established in the State Treasury, separate and distinct from the General Fund, the Employment Tax Guarantee Fund. The Employment Tax Guarantee Fund shall consist of

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ORS 657.825 Expenditure of federal funds; restitution of moneys lost or improperly expended. (1) All moneys in the Unemployment Compensation Administration Fund which are received from the federal government or any agency thereof or which are appropriated by this state for the purposes described in ORS 657.820 shall be expended solely for the purposes and in the amounts found necessary by the Secretary of Labor for the proper and efficient administration of this chapter

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ORS 657.830 State Treasurer as custodian of funds. (1) The State Treasurer shall be the custodian of the Unemployment Compensation Trust Fund and the Unemployment Compensation Benefit Fund

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ORS 657.835 [1981 c.895 §4; repealed by 1995 c.37 §10]

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ORS 657.840 Federal Advance Interest Repayment Fund; assessment of tax; applicability. (1) On the first day of the third month of a calendar quarter the Director of the Employment Department shall

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ORS 657.845 [1991 c.685 §2; 1995 c.37 §8; 2005 c.183 §11; repealed by 2005 c.183 §13]

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ORS 657.855 Benefits not assignable; waiver of rights invalid. (1) Except as provided in this section, benefits due under this chapter may not be assigned, pledged, encumbered, released or commuted. Benefits due under this chapter shall, except as otherwise provided in this chapter, be exempt from all claims of creditors and from levy, execution and attachment or remedy for recovery or collection of a debt, and the exemption may not be waived. No agreement by an individual to waive the individual’s rights under this chapter is valid

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ORS 657.860 Agreement of employee to pay contributions void. No agreement by an employee to pay any portion of the contribution required of the employer by this chapter is valid and no employers shall make a deduction for such purpose from the wages or salary of an employee

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ORS 657.865 No vested rights. All the rights, privileges or immunities conferred by this chapter or by acts deemed pursuant thereto shall exist subject to the powers of the legislature to amend or repeal this chapter at any time, and there shall be no vested private right of any kind against such amendment or repeal

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ORS 657.870 When operation of this chapter ceases. (1) If title IX of the federal Social Security Act becomes inoperative by Act of Congress or by decision of the United States Supreme Court, payments of contributions and payment of benefits provided in this chapter shall cease

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ORS 657.875 Extending period for appeal in certain claim and contribution matters. The period within which an interested party may request a hearing or file with the Employment Appeals Board an application for review as provided in ORS 657.266 to 657.269, 657.270, 657.471, 657.480, 657.485, 657.679, 657.681 and 657.682 may be extended, upon a showing of good cause therefor, a reasonable time under the circumstances of each particular case. [1973 c.300 §14; 1975 c.257 §11; 1993 c.778 §17; 2005 c.214 §4; 2007 c.49 §2]

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ORS 657.880 Health care coverage for unemployed individuals; deduction of benefits. In order to provide health care coverage for eligible unemployed individuals, the Employment Department, upon approval and funding by the Emergency Board, is authorized

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ORS 657.885 “Health care coverage” defined. For purposes of this section and ORS 657.880, the term “health care coverage” means coverage under

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ORS 657.890 [1989 c.369 §2; repealed by 1995 c.105 §9]

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ORS 657.895 Unemployment compensation programs under federal authority. Notwithstanding any other provision of this chapter, the Employment Department, at the direction of the Governor, may take appropriate action to expedite and provide for the implementation of an unemployment compensation program not provided for in this chapter, if the program is authorized by the United States Secretary of Labor and if the director determines that the program will be beneficial to the state and its people through the receipt of additional federal money for unemployment compensation purposes. The Employment Department shall notify interested parties if action is taken under this section. [1993 c.200 §2]

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ORS 657.925 [1995 c.561 §12; 1995 c.816 §27; 2001 c.657 §1; 2001 c.781 §1a; repealed by 2009 c.21 §56]

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