Caption: Defines “against equity and good
Order No.: ED 11-2011
Filed with Sec. of
Certified to be
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Rules Repealed: 471-030-0053(T)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.
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
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
(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
(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
(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.
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.