Caption: Employer notification requirements
in amended monetary determinations.
Order No.: ED 3-2011(Temp)
Filed with Sec. of
Certified to be
Effective: 7-1-11 thru 12-26-11
Rules Amended: 471-030-0048
Subject: Adds additional consideration for employer
notification during amended monetary determination.
Rules Coordinator: Courtney Brooks—(503) 947-1724
Amended Monetary Determinations
(1) An individual who receives a monetary claim
determination under ORS 657.266(2) may request that the determination be
amended. The Director upon receipt of such a request will examine wage records
submitted to the Department by employers in an attempt to locate wages and/or
hours of work alleged by the claimant to be missing. If the discrepancy
involves only hours of work and the claimant has provided documentary evidence
of hours sufficient to make the claim valid, the Director may issue a
(2) If as the result of an investigation additional
subject wages or hours of work are made available which either allow a
non-valid claim to become valid, or increase the weekly benefit amount of a
valid claim, a redetermination will be issued.
(3) If as the result of an investigation all or part of
the requested wages or hours of work are not included in the claim
determination, the Director will so notify the claimant. If the claimant
requested an amended monetary determination as provided in section (1) of this
rule within the period specified by ORS 657.266(5), such notice will be given
by a determination amending or affirming the initial determination. Such notice
shall be subject to appeal as provided in ORS 657.266(5).
(4) An employer is affected by an amended determination
issued under ORS 657.266(3) if it is found to have paid wages to a claimant,
and is potentially affected if a claimant alleges wages were paid to him or her
by that employer.
(5) If, during a hearing on an initial or amended determination
issued under ORS 657.266(2) or (3), an issue arises as to whether wages at
issue were actually paid to claimant by an employer that was not given notice
of the initial or amended determination, that employer will become a party to
that hearing. If the hearing has already commenced, it will be continued to
allow reasonable time for the employer to be notified of the hearing.
Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.266
Hist.: 1DE 2-1981(Temp), f. &
ef. 2-16-81; 1DE 4-1981, f. & ef. 4-1-81; ED 2-1995, f. 8-29-95, cert. ef.
9-3-95; ED 2-2005, f. 4-29-05, cert. ef. 5-1-05; ED 3-2011(Temp), f. 5-13-11,
cert. ef. 7-1-11 thru 12-26-11
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.