Loading

Oregon Bulletin

August 1, 2011

 

Employment Department
Chapter 471

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

Adm. Order No.: ED 4-2011(Temp)

Filed with Sec. of State: 6-29-2011

Certified to be Effective: 6-29-11 thru 12-15-11

Notice Publication Date:

Rules Amended: 471-030-0053

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 ORS 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, ORS 657.610, ORS 657.266, ORS 657.317 & ORS 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

 

Rule Caption: Allow employer hearing requests relating to Unemployment Insurance tax by email and secure website.

Adm. Order No.: ED 5-2011

Filed with Sec. of State: 7-14-2011

Certified to be Effective: 7-14-11

Notice Publication Date: 6-1-2011

Rules Amended: 471-040-0005

Rules Repealed: 471-040-0005(T)

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

471-040-0005

Request for Hearing

(1) A 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.

(2) A request for hearing on an administrative decision related to the payment or amount of unemployment insurance benefits may be filed:

(a) By mail, by fax or by telephone with any Employment Department Unemployment Insurance (UI) Center or UI Section in Oregon; or

(b) In person at any publicly accessible Employment Department office in Oregon; or

(c) By mail or fax with the Office of Administrative Hearings in Oregon.

(3) A 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 Oregon; or

(b) 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 appealable document.

(d) Through the use of the Employment Department’s secured website as provided on the appealable document.

(4) The filing date for any request for hearing shall be determined as follows:

(a) When 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.

(b) When 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.

(c) When 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.

(d) When filed by telephone, the date of filing shall be the date marked or stamped by the agency employee accepting the request for hearing.

(e) When 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 Pacific Time.

(f) When 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.

(g) When 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.

(5) A 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.

(6) This rule is effective for all hearing requests filed after the effective date of this rule.

Stat. Auth.: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & OL 1993, Ch. 729

Stats. Implemented: ORS 657.280, 657.610 & 657

Hist.: 1DE 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 thru 7-31-11; ED 5-2011, f. & cert. ef. 7-14-11

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.

2.) Copyright 2011 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

© 2013 State of Oregon All Rights Reserved​