Rule Caption: Allow
employer hearing requests relating to Unemployment Insurance tax by email and
Adm. Order No.: ED 1-2011(Temp)
Filed with Sec. of State: 2-9-2011
Certified to be Effective: 2-9-11 thru 7-31-11
Notice Publication Date:
Rules Amended: 471-040-0005
Subject: Add email and secure web submission as alternate
means for employers to request a hearing. The date of request is defined as the
date received by the Employment Department. UI Tax hearings can no longer be
requested directly from the Office of Administrative Hearings.
Rules Coordinator: Courtney Brooks—(503) 947-1724
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 appeal.
request for hearing on an administrative decision related to the payment or
amount of unemployment insurance benefits may be filed:
mail, by fax or by telephone with any Employment Department Unemployment
Insurance (UI) Center or UI Section in Oregon; or
person at any publicly accessible Employment Department office in Oregon; or
(c) By mail
or fax with the Office of Administrative Hearings in Oregon.
request for hearing on an administrative decision related to unemployment
insurance taxes pursuant to ORS 657.683, 657.663, 657.485, and 657.457, must be
in writing and may be filed:
(a) By mail
or by fax with any Employment Department UI Center or UI Tax Section office in
person at any publicly accessible Employment Department office in Oregon.
(c ) By
e-mail to the Employment Department’s e-mail address as provided on the
the use of the Employment Department’s secured website as provided on the
filing date for any request for hearing shall be determined as follows:
delivered in person to any Employment Department office in the state of Oregon,
the date of delivery, as evidenced by the receipt date stamped or written by
the agency employee who receives the document, shall be the date of filing.
filed by mail, the date of filing shall be the postmarked date affixed by the
United States Postal Service or, in the absence of a postmarked date, the most
probable date of mailing.
filed by fax, the date of filing shall be the encoded date on the fax document
unless such date is absent, illegible, or improbable, in which case the fax
receipt date stamped or written by the agency employee, if available, shall be
the date of filing. If a filing date cannot otherwise be determined, the most
probable date of faxing shall be the date of filing.
filed by telephone, the date of filing shall be the date marked or stamped by
the agency employee accepting the request for hearing.
filed by e-mail, the date of filing shall be the date of delivery, as evidenced
by the receipt date on the Employment Department’s e-mail system, according to
filed through the secured website, the date of filing shall be the date
indicated in the confirmation e-mail sent to the requestor by the Employment
Department, according to Pacific Time.
filed by any other means, the date of filing shall be the date of delivery, as
evidenced by the receipt date stamped or written by the employee of the
Employment Department, Office of Administrative Hearings or Employment Appeals
Board who receives the document.
request for hearing with respect to a claim for benefits shall not stay the
payment of any benefits not placed in issue by the request for hearing, nor
shall it stay an order previously entered allowing benefits.
rule is effective for all hearing requests filed after the effective date of
150, f. & ef. 2-9-76; 1DE 5-1979, f. & ef. 8-27-79; ED 4-1994, f. &
cert. ef. 9-2-94; ED 3-1999, f. 6-29-99, cert. ef. 7-4-99; ED 7-2003, f.
4-25-03, cert. ef. 4-27-03; ED 4-2004, f. 7-30-04, cert. ef. 8-1-04; ED 2-2005,
f. 4-29-05, cert. ef. 5-1-05; ED 6-2005(Temp), f. 9-16-05, cert. ef. 9-18-05
thru 2-14-06; ED 8-2005, f. 12-23-05, cert. ef. 12-25-05; ED 1-2011(Temp), f.
& cert. ef. 2-9-11 through 7-31-11
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, 2010.