Title 51, Labor and Employment; Unlawful Discrimination

An individual is disqualified for benefits for any week with respect to which or a part of which the individual has received, will receive or is claiming unemployment benefits under an unemployment insurance law of another state, the United States or any other governmental jurisd…

(1) Upon conviction of any person by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, such pe…

An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual has willfully made a false statement or misrepresentation, or willfully failed to report a material fact, to obtain any bene…

(1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same…

(1) Benefits shall be payable from the fund and shall be paid through employment offices, in accordance with such regulations as the Director of the Employment Department may prescribe. (2) In the event of the death of any person to whom benefits are due under this chapter, but w…

(1) Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe. (2) Each employer shall post and maintain printed statements concerning such regulations or such other matters as the director may by regulation …

(1) An employer listed in subsection (2) of this section: (a) May not inform an employee of the employer that the employee is ineligible for benefits unless the Director of the Employment Department has reviewed the employee’s claim for benefits and determined that the employee i…

When a claimant files an initial claim or an additional claim, the Employment Department promptly shall give written notice of the claim filing to the claimant’s most recent employing unit or agent of the employing unit. If the claimant did not receive or will not receive remuner…

(1) An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for b…

(1) An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished by the claimant, the employer or the employer’s agents on forms p…

When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising any issue not previously decided based upon specific investigation, an authorized representative shall promptly reexamine…

(1)(a) Unless the claimant or one of the employing units or agents of the employing units entitled to notice under ORS 657.267 or 657.268 files a request for hearing upon the decision with the Director of the Employment Department in a timely manner as determined under subsection…

(1) When a request for hearing upon the claim has been filed, as provided in ORS 657.266 to 657.269, an administrative law judge from the Office of Administrative Hearings established under ORS 183.605 shall be assigned to conduct the hearing. (2)(a) The Director of the Employmen…

Notwithstanding ORS 43.130 and 43.160, the decisions, findings, conclusions, final orders and judgments that arise out of hearings under ORS 657.270, review proceedings under ORS 657.275 and judicial review proceedings under ORS 657.282: (1) May not be used for the purpose of cla…

(1) If the Director of the Employment Department or any interested party files with the Employment Appeals Board a timely application for review, the board shall promptly affirm, modify or set aside the decision of the administrative law judge. The board shall promptly notify the…

(1) The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from the employers shall be in accordance with the regulations prescribed by the Director of the Employment Department. (2) A full and complete record shall be kept o…

Judicial review of decisions under ORS 657.275 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 30 days after the order is served. The Director of the Employment Department may file petition for judici…

(1) The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of: (a) Errors of computation; (…

(1) Witnesses other than parties subpoenaed in proceedings involving ORS 657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate fixed by the Director of the Employment Department. Fees and all expenses of proceedings before the director or the …

No employer or employer’s agent shall intentionally and willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of a claimant or regarding a claimant or claimant’s eligibility for benefits under this chapter. [Amended by…

The Director of the Employment Department or an authorized representative designated by the director may combine a decision under ORS 657.266, 657.267 or 657.268 with a decision under ORS 657.310 or 657.315. [2005 c.182 §2]

(1) This section applies to an individual who, according to a decision of the Director of the Employment Department, received any benefits to which the individual is not entitled because the individual: (a) Regardless of the individual’s knowledge or intent, made or caused to be …

(1) The Director of the Employment Department may enter into an intergovernmental agreement with the federal government for the purposes of: (a) Offsetting against liquidated state debt moneys that the federal government owes to the debtor; and (b) Sharing information as necessar…

(1)(a) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a mate…

(1) The Director of the Employment Department shall waive recovery of overpaid benefits under ORS 657.315 if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previous…

(1)(a) If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to repay or to have deducted from benefits payable, has neither been repaid nor deducted within a period of five years following the date the…

As used in ORS 657.321 to 657.329 unless the context requires otherwise: (1) “Eligibility period” of an individual means: (a) The period consisting of the weeks in the individual’s benefit year that begin in an extended benefit period and, if the benefit year ends within the exte…

The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 to 657.329. [1971 c.2 §3]

(1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Director of the Employment Department finds that with respect to such week the individual: (a) Is an exhaustee; (b) Has sat…

Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period,…

(1) Whenever an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the Director of the Employment Department shall make an appr…

For purposes of ORS 657.321 to 657.329, the Employment Department may adopt rules providing for an eligibility period that begins in an extended benefit period after an individual’s benefit year has ended if federal law provides for funding that is greater than 50 percent of exte…

ORS 657.321 to 657.329 shall apply to individuals meeting the requirements thereof for the week ending January 16, 1971, and any week thereafter. [1971 c.2 §6]

(1) As used in ORS 657.331 to 657.334: (a) “Additional benefits” means benefits totally financed by the state and payable under this chapter to exhaustees by reason of conditions of high unemployment. (b) “Additional benefit period” means a period not within an extended benefit p…

During an additional benefit period an individual who has exhausted regular benefits pursuant to this chapter with respect to a week which begins subsequent to August 9, 1983, and who continues to otherwise meet the eligibility requirements for regular benefits under the provisio…

An employer’s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbur…

Additional benefits may be paid under the provisions of ORS 657.331 to 657.334 only with respect to weeks not within an extended benefit period, and not within a period covered by any federal law allowing the filing of new claims extending benefits beyond those provided for as re…

As used in ORS 657.335 to 657.360: (1) “Career and technical training” means training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-emp…

(1) Dislocated workers approved for career and technical training may not be denied unemployment insurance benefits solely because they are attending career and technical training, nor shall such individual be denied benefits by reason of leaving work to enter such training if th…

(1) Individuals who are identified as dislocated workers under the federal Workforce Innovation and Opportunity Act, and implementing regulations, and who attend training programs identified under the Act shall be considered to be in approved career and technical training. The tr…

The Higher Education Coordinating Commission shall promulgate rules as necessary for the administration of ORS 657.335 to 657.360, including but not limited to procedures for approval, undertaking periodic reviews for continued approval, or for disapproval of career and technical…

Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual’s participation under ORS 657.335 to 657.360 shall be subject to the provisions of ORS 657.265, 657.266 to 657.269 and 657.270 to 657.…

Notwithstanding ORS 657.335 to 657.360 or the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an unemployed individual participating in an apprenticeship program who is otherwise eligible for unemployment ins…

Except for benefits paid pursuant to ORS 657.357, no employer’s account shall be charged for benefits paid to an unemployed individual during the period such individual is enrolled in and attending such program of instruction. [1969 c.156 §4; 1971 c.82 §6; 1989 c.818 §4] SHARED W…

As used in ORS 657.370 to 657.390, unless the context requires otherwise: (1) “Affected employee” means an individual who is employed as a member of an affected group by the shared work employer, other than on a seasonal, temporary or intermittent basis, immediately preceding the…

(1) An employer wishing to participate in the shared work unemployment benefit program must submit a signed, written shared work plan to the Director of the Employment Department for approval. (2) The director may give written approval of a shared work plan only if it: (a) Provid…

(1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 to 657.390, an individual is unemployed and eligible to receive shared work benefits with respect to any week if, in addition to meeting all other eligibility requirements of this chapter, th…

(1) An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual’s regular weekly benefit amoun…

(1) A shared work employer shall be charged for shared work benefits in the manner provided in this chapter for charging employers for regular benefits or extended benefits. (2) Notwithstanding subsection (1) of this section or any other provision of law to the contrary, a shared…

(1) If an individual is liable to repay benefits under ORS 657.310, the amount liable to be repaid, interest and penalties due shall be a lien in favor of the Director of the Employment Department upon all property, whether real or personal, belonging to such individual. (2) The …