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Oregon Bulletin

January 1, 2012

 

Employment Department
Chapter 471

Rule Caption: Defines “against equity and good conscience”.

Adm. Order No.: ED 11-2011

Filed with Sec. of State: 12-5-2011

Certified to be Effective: 12-5-11

Notice Publication Date: 11-1-2011

Rules Amended: 471-030-0053

Rules Repealed: 471-030-0053(T)

Subject: Senate Bill 725 allows for benefits overpaid under ORS 657.315 to be waived if recovery is “against equity and good conscience”. The rule change defines “against equity and good conscience” by taking into account the individual’s financial ability to repay the overpaid benefits.

      The proposed change makes additional plain language and consistency updates. It removes the definition of ‘Recovery’ which is defined in statute. It also replaces in the text of the rule the Manager of Benefits with the Director as the one who authorizes employees to waive overpayments under ORS 657.317. This change is consistent with other rules in this chapter.

Rules Coordinator: Courtney Brooks—(503) 947-1724

471-030-0053

Waiver of Overpayments

(1) Purpose: This rule establishes policy to be used when waiving overpayments pursuant to ORS 657.317.

(2) Definitions: For purposes of ORS 657.317:

(a) “Establishment” means the issuance of an administrative decision which would result in an overpayment under ORS 657.310 or ORS 657.315.

(b) “Amount of the overpayment” means the accumulated amount of potentially overpaid benefits in a single benefit year resulting from the application of ORS 657.150(6) and/or 657.150(7).

(c) “Against equity and good conscience” means that recovery of the overpaid benefits would cause a financial hardship on the individual.

(3) In applying ORS 657.317(2):

(a) An authorized representative of the Employment Department shall determine that a financial hardship exists when the total household expenses equal or exceed 90% of the total household income less unemployment benefits.

(b) Notwithstanding the provisions of subsection (3)(a) of this section, if an individual is paid twice for the same week(s), only the amount in excess of the final entitlement is eligible to be waived.

(4) In applying ORS 657.317(4):

(a) No waiver shall be granted if the overpayment is a result of willful misrepresentation or fraud as established in ORS 657.215.

(b) No waiver shall be granted if the overpayment results from a decision which has been issued and become final under Chapter 657.

(c) No waiver shall be granted if the overpayment results from the negotiation of an original and a replacement check which were issued for the same period pursuant to OAR 471-030-0049.

(5) The determination to waive overpayments in accordance with the provisions of ORS 657.317 and this rule shall be made by employees authorized by the Director.

Stat. Auth.: ORS 105 Sec. 7, ORS 183, 657.610, 657.266, 657.317 & 657.270

Stats. Implemented: ORS 215

Hist.: ED 2-1995, f. 8-29-95, cert. ef. 9-3-95; ED 4-2011(Temp), f. & cert. ef. 6-29-11 thru 12-15-11; ED 11-2011, f. & cert. ef. 12-5-11

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2011.

2.) Copyright 2012 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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