US Laws, Codes, Statutes & Cases

Chapter 657 — Unemployment Insurance

 

2007 EDITION

 

UNEMPLOYMENT INSURANCE

 

LABOR, EMPLOYMENT; UNLAWFUL DISCRIMINATION

 

DEFINITIONS

 

657.005     Short title

 

657.010     General definitions

 

657.015     Employee

 

657.020     Employing unit

 

657.025     Employer

 

657.030     Employment generally; educational, hospital, nursing, student service exclusions

 

657.035     Employment; effect of place of performance of service

 

657.040     Employment; when service for pay excluded; independent contractors

 

657.043     Employment; golf course caddy service excluded; exceptions

 

657.044     Employment; service by partners and corporate officers and directors who are family members excluded; exceptions

 

657.045     Employment; agricultural labor excluded; exceptions

 

657.047     Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions

 

657.048     Employment; language translators or interpreters excluded; exceptions

 

657.050     Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions

 

657.053     Employment; certain service on fishing boat excluded

 

657.056     Employment; maritime service

 

657.060     Employment; family service and foster care excluded

 

657.065     Employment; governmental service excluded; exceptions

 

657.067     Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions

 

657.072     Employment; certain nonprofit services excluded

 

657.075     Employment; service under Railroad Unemployment Insurance Act excluded

 

657.078     Employment; stringer, correspondent and photographer services for media excluded

 

657.080     Employment; news delivery service excluded

 

657.085     Employment; service by certain agents, brokers, producers and salespersons excluded

 

657.087     Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded

 

657.090     Employment; petroleum products distributors excluded

 

657.091     Employment; food product demonstrators excluded

 

657.092     Employment; nonprofit organization employees and contestants excluded

 

657.094     Employment; down-river boating activities excluded

 

657.095     Payroll

 

657.097     Political subdivision

 

657.100     Unemployment; rules

 

657.105     Wages; generally

 

657.115     Wages; exclusion of fringe benefits

 

657.117     Wages; inclusion of federal taxes and tips

 

657.120     Wages; exclusion of retirement benefits

 

657.125     Wages; exclusion of disability benefits

 

657.130     Wages; exclusion of payments from certain trusts and annuities

 

657.135     Wages; exclusion of payments to persons over 65

 

657.140     Wages; exclusion of assistance to individuals under community work and training program

 

BENEFITS AND CLAIMS

 

(Income Tax Consequences of Benefits)

 

657.144     Notice to individual of effect of filing claim for benefits

 

657.146     Withholding from benefits for tax purposes; rules

 

657.148     Compliance with federal requirements for collection and payment of federal taxes

 

(Generally)

 

657.150     Amount of benefits; length of employment and wages necessary to qualify for benefits; rules

 

657.152     Adjusting benefits to even dollar amounts

 

657.155     Benefit eligibility conditions; rules

 

657.156     Reemployment service assistance; eligibility; rules

 

657.158     Self-employment assistance; eligibility; amounts payable; rules

 

657.159     Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs

 

657.165     Waiting period eligibility, condition, limitation

 

657.167     Amount and time period for payment of benefits to educational institution employees

 

657.170     Extending base year; limitation

 

657.176     Grounds and procedure for disqualification; rules

 

657.179     Eligibility of individuals participating in certain federally approved training

 

657.184     Benefits payable for service by aliens

 

657.186     Benefits payable for service by athletes

 

657.190     Suitable work; factors to consider

 

657.195     Suitable work; exceptions

 

657.200     Labor dispute disqualification; exceptions

 

657.205     Deduction of retirement pay; exceptions

 

657.210     Disqualification in other jurisdictions

 

657.213     Ineligibility for benefits upon conviction of fraud in obtaining benefits

 

657.215     Disqualification for misrepresentation

 

657.221     Ineligibility for benefits of certain educational institution personnel

 

657.222     Notice to educational institution personnel of change in law on benefit eligibility

 

657.255     Method of payment of benefits; payment of benefits due deceased person; rules

 

657.260     Filing claims for benefits; employer to post statements concerning claim regulations; rules

 

657.265     Notice of claim filing to employing units

 

657.266     Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested

 

657.267     Allowing or denying claim; notice of denial; amended decision; appeal

 

657.268     Filing information on issues not previously decided; claim reexamination; notice of reasons for decision

 

657.269     Decision becomes final without request for hearing

 

657.270     Hearing; application for review; dismissal of request for hearing

 

657.273     Restriction on use of findings, orders and judgments in other proceedings

 

657.275     Review by Employment Appeals Board

 

657.280     General procedure and records concerning disputed claims

 

657.282     Judicial review of decisions under ORS 657.275

 

657.290     Continuous jurisdiction of director; reconsideration of previous decisions

 

657.295     Witness fees; disputed claim expenses; counsel; fees

 

657.300     False statements or failure to report material fact by employer

 

657.306     Combining decision on claim for benefits with decision on recovery of benefits

 

657.310     Recovery or deduction of benefits paid because of misrepresentation by recipient; penalty

 

657.315     Recovery or deduction of benefits paid erroneously

 

657.317     Waiving recovery of benefits; effect of finding of noncompliance with federal law

 

657.320     Cancellation of unrecoverable benefits

 

(Extended Benefits)

 

657.321     Definitions for ORS 657.321 to 657.329

 

657.323     ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter

 

657.325     Extended benefits; eligibility; amount

 

657.326     Adjustment of extended benefits to be received when benefit year ends within extended benefit period

 

657.327     Notice of effectiveness of extended benefits; employers not to be charged for extended benefits

 

657.329     Applicability of ORS 657.321 to 657.329

 

(Additional Benefits)

 

657.331     “Additional benefits” and “additional benefit period” defined

 

657.332     Eligibility for benefits; maximum amount

 

657.333     Charging employer’s account for benefits; reimbursing employer payments

 

657.334     Limitation on period for which benefits paid

 

DISLOCATED WORKER PROGRAM

 

657.335     Definitions for ORS 657.335 to 657.360

 

657.337     Policy

 

657.340     Eligibility for benefits

 

657.342     Application of eligibility criteria

 

657.345     Approval of programs by director

 

657.350     Rules for administering training program

 

657.355     Denial of benefits to trainees subject to review

 

657.357     Apprenticeship program participants eligible for benefits; conditions

 

657.360     When employer charged for benefits

 

SHARED WORK PLANS

 

657.370     Definitions for ORS 657.370 to 657.390

 

657.375     Plan applications; approval by director

 

657.380     Eligibility of employees; benefit limitation

 

657.385     Method of paying benefits; amount; disqualification; applicability of law to shared work plans; rules

 

657.390     Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid; use of benefit charges

 

RECOVERY OF BENEFITS OBTAINED BY FRAUD

 

657.392     Benefits subject to recovery as lien on real or personal property

 

657.394     Filing of lien statement or warrant

 

657.396     Alternative to civil collection action; procedure

 

657.398     Release, compromise or satisfaction of lien

 

657.400     Employment Department Special Fraud Control Fund

 

CONTRIBUTIONS BY EMPLOYERS; COVERAGE; RATE

 

657.405     “Computation date” defined for ORS 657.430 to 657.463 and 657.471 to 657.485

 

657.410     Minimum wage for employee without fixed wage

 

657.415     When employer ceases to be subject to this chapter

 

657.425     Election of coverage for services that do not constitute employment as defined in this chapter

 

657.430     Tax rates based on experience

 

657.435     Base rate for first year

 

657.439     Wage Security Program funding

 

657.457     Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules

 

657.458     Definitions for employer tax rate computations

 

657.459     Computation of Fund Adequacy Percentage Ratio

 

657.462     Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates

 

657.463     Tax rate schedules

 

657.467     Amounts included in fund adequacy percentage ratio computations

 

657.471     Manner of charging benefits to employer; request for relief from charges

 

657.473     Statement of benefits charged to employer’s account

 

657.475     Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits

 

657.477     Related corporations as common paymaster; treatment of compensation for services

 

657.480     Effect of transfer of trade or business; partial transfer; penalties; rules

 

657.485     Notice of rate; request for hearing; procedure for redetermination

 

657.487     Judicial review of decisions under ORS 657.485

 

657.490     Employer or employee has no prior right to employer’s contributions

 

657.495     Fraud in lowering contributions

 

COLLECTION OF TAXES

 

657.504     Applicability of noncharging provisions

 

657.505     Payment of and liability for taxes; rules

 

657.506     Reports and taxes for musicians under contract; applicability

 

657.507     Employer’s security for payment of contributions

 

657.508     Failure to comply with ORS 657.507

 

657.509     Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions

 

657.510     Refunds

 

657.513     Political subdivision contribution payments from Local Government Employer Benefit Trust Fund

 

657.515     Delinquent taxes; interest; civil penalties; collection by civil action; settlement

 

657.517     Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts

 

657.520     Claims for contribution preferred

 

657.525     Lien on subjects and products of labor for which contributions are due

 

657.530     Lien on property used in connection with employment on which contributions are due

 

657.535     Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure

 

657.540     Lien on property of defaulting employer; recording; priority; foreclosure

 

657.542     Filing liens and warrants with Secretary of State

 

657.545     Release of ORS 657.540 lien by filing security

 

657.552     Limitations on notices of assessment and on actions to collect contributions, interest and penalties

 

657.555     Authority to release, compromise or satisfy liens

 

657.557     Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs

 

657.560     Joining director in actions involving title of property subject to director’s lien

 

657.565     Unlawful practices of employer

 

657.571     Quarterly or annual tax report; form; filing with Department of Revenue

 

657.575     Repayment of default by nonprofit employing unit; conditions

 

EMPLOYMENT DEPARTMENT; ADMINISTRATION GENERALLY

 

657.601     Employment Department

 

657.608     Director; term; duties; compensation

 

657.610     Director; powers and duties generally; rules

 

657.615     Investigations and recommendations to legislature

 

657.620     Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency

 

657.625     Publication of rules, reports and information on Employment Department law

 

657.630     Quasi-judicial powers in administrative hearings

 

657.635     Circuit court to enforce obedience to subpoenas

 

657.640     Attorney General to represent director

 

657.642     Supplementary remedies for collection of taxes, interest and penalties; use of warrants; execution by sheriff

 

657.646     Use of warrant to collect amount of judgment

 

657.652     Certificate as evidence in proceeding

 

657.655     Certified copies of records as evidence

 

657.657     Acquisition of land and offices

 

657.660     Records and reports of employing units

 

657.663     Penalty for failure by employer to file reports; amount; collection procedure; review of penalty

 

657.665     Confidentiality of information

 

657.673     Disclosure of wage information to consumer reporting agency; conditions

 

657.676     Reconsideration of determinations; conditions; rules; hearing and review

 

657.679     Determination that employing unit or employment is subject to this chapter; notice; application for hearing

 

657.681     Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing

 

657.682     Assessments against reorganized business entity

 

657.683     Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision

 

657.684     Judicial review of decisions under ORS 657.683

 

657.685     Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules

 

657.690     Employment Appeals Board powers

 

657.695     Employment Department Advisory Council; members; compensation and expenses

 

657.700     Special councils for program development

 

OREGON STATE EMPLOYMENT SERVICE

 

657.705     Oregon State Employment Service

 

657.710     Free public employment offices; contracts relating to workforce investment system; public agencies to provide information on job vacancies

 

657.715     Wagner-Peyser Act accepted

 

657.720     Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service

 

657.725     Employment districts

 

INFORMATION SYSTEMS

 

657.730     Labor market information system; rules

 

657.732     Interagency Shared Information System; limitation on new information; rules

 

657.734     Performance Reporting Information System; rules

 

657.736     Occupational Program Planning System

 

RECIPROCAL AND COOPERATION AGREEMENTS

 

657.755     Cooperation with federal agencies administering unemployment insurance laws

 

657.757     Cooperation with federal agencies administering training or retraining programs and other assistance

 

657.760     Reciprocal agreements on coverage and collection of contributions

 

657.765     Reciprocal agreements concerning payroll taxes for out-of-state work

 

657.770     Reciprocal agreements concerning wages used as basis for benefits

 

657.775     Cooperation with other states on reciprocal basis for collection of contributions

 

657.780     Agreements with governmental agencies to withhold benefits for child support obligations; rules

 

FUNDS

 

657.783     Supplemental Employment Department Administration Fund

 

657.785     Agreement for Interstate Reciprocal Overpayment Recovery Arrangement

 

657.805     Unemployment Compensation Trust Fund

 

657.807     Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund

 

657.810     Deposit and use of fund

 

657.812     Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury

 

657.813     Use of moneys made available under Social Security Act for administrative expenses

 

657.815     Unemployment Compensation Benefit Fund

 

657.820     Unemployment Compensation Administration Fund

 

657.822     Employment Department Special Administrative Fund

 

657.823     Employment Tax Guarantee Fund

 

657.825     Expenditure of federal funds; restitution of moneys lost or improperly expended

 

657.830     State Treasurer as custodian of funds

 

657.840     Federal Advance Interest Repayment Fund; assessment of tax; applicability

 

MISCELLANEOUS PROVISIONS

 

657.855     Benefits not assignable; waiver of rights invalid

 

657.860     Agreement of employee to pay contributions void

 

657.865     No vested rights

 

657.870     When operation of this chapter ceases

 

657.875     Extending period for appeal in certain claim and contribution matters

 

657.880     Health care coverage for unemployed individuals; deduction of benefits

 

657.885     “Health care coverage” defined

 

657.895     Unemployment compensation programs under federal authority

 

657.925     Oregon JOBS Plus Unemployment Wage Fund

 

PENALTIES

 

657.990     Penalties

 

DEFINITIONS

 

      657.005 Short title. This chapter shall be known and may be cited as the Employment Department Law. [Amended by 1959 c.583 §14; 1993 c.344 §2]

 

      657.010 General definitions. As used in this chapter, unless the context requires otherwise:

      (1) “Base year” means the first four of the last five completed calendar quarters preceding the benefit year.

      (2) “Benefits” means the money allowances payable to unemployed persons under this chapter.

      (3) “Benefit year” means a period of 52 consecutive weeks commencing with the first week with respect to which an individual files an initial valid claim for benefits, and thereafter the 52 consecutive weeks period beginning with the first week with respect to which the individual next files an initial valid claim after the termination of the individual’s last preceding benefit year except that the benefit year shall be 53 weeks if the filing of an initial valid claim would result in overlapping any quarter of the base year of a previously filed initial valid claim.

      (4) “Calendar quarter” means the period of three consecutive calendar months ending on March 31, June 30, September 30 or December 31, or the approximate equivalent thereof, as the Director of the Employment Department may, by regulation, prescribe.

      (5) “Contribution” or “contributions” means the taxes, as defined in subsection (13) of this section, that are the money payments required by this chapter, or voluntary payments permitted, to be made to the Unemployment Compensation Trust Fund.

      (6) “Educational institution,” including an institution of higher education as defined in subsection (9) of this section, means an institution:

      (a) In which participants, trainees or students are offered an organized course of study or training designed to transfer to them knowledge, skills, information, doctrines, attitudes or abilities from, by or under the guidance of an instructor or teacher;

      (b) That is accredited, registered, approved, licensed or issued a permit to operate as a school by the Department of Education or other government agency, or that offers courses for credit that are transferable to an approved, registered or accredited school;

      (c) In which the course or courses of study or training that it offers may be academic, technical, trade or preparation for gainful employment in a recognized occupation; and

      (d) In which the course or courses of study or training are offered on a regular and continuing basis.

      (7) “Employment office” means a free public employment office or branch thereof, operated by this state or maintained as a part of a state-controlled system of public employment offices.

      (8) “Hospital” means an organization that has been licensed, certified or approved by the Department of Human Services as a hospital.

      (9) “Institution of higher education” means an educational institution that:

      (a) Admits as regular students only individuals having a certificate of graduation from a high school, or the recognized equivalent of such a certificate;

      (b) Is legally authorized in this state to provide a program of education beyond high school;

      (c) Provides an educational program for which it awards a bachelor’s or higher degree, or provides a program that is acceptable for full credit toward such a degree, a program of post-graduate or post-doctoral studies, or a program of training to prepare students for gainful employment in a recognized occupation; and

      (d) Is a public or other nonprofit institution.

      (10) “Internal Revenue Code” means the federal Internal Revenue Code, as amended and in effect on December 31, 2006.

      (11) “Nonprofit employing unit” means an organization, or group of organizations, described in section 501(c)(3) of the Internal Revenue Code that is exempt from income tax under section 501(a) of the Internal Revenue Code.

      (12) “State” includes, in addition to the states of the United States of America, the District of Columbia and Puerto Rico. However, for all purposes of this chapter the Virgin Islands shall be considered a state on and after the day on which the United States Secretary of Labor first approves the Virgin Islands’ law under section 3304(a) of the Federal Unemployment Tax Act as amended by Public Law 94-566.

      (13) “Taxes” means the money payments to the Unemployment Compensation Trust Fund required, or voluntary payments permitted, by this chapter.

      (14) “Valid claim” means any claim for benefits made in accordance with ORS 657.260 if the individual meets the wages-paid-for-employment requirements of ORS 657.150.

      (15) “Week” means any period of seven consecutive calendar days ending at midnight, as the director may, by regulation, prescribe. The director may by regulation prescribe that a “week” shall be “in,” “within,” or “during” the calendar quarter that includes the greater part of such week. [Amended by 1959 c.642 §1; 1961 c.252 §1; 1963 c.13 §1; 1969 c.597 §174; 1971 c.463 §1; 1977 c.241 §1; 1983 c.528 §1; 1993 c.344 §3; 2005 c.218 §3; 2007 c.614 §16]

 

      657.015 Employee. As used in this chapter, unless the context requires otherwise, “employee” means any person, including aliens and minors, employed for remuneration or under any contract of hire, written or oral, express or implied, by an employer subject to this chapter in an employment subject to this chapter. “Employee” does not include a person who volunteers or donates services performed for no remuneration or without expectation or contemplation of remuneration as the adequate consideration for the services performed for a religious or charitable institution or a governmental entity. [Amended by 1999 c.734 §1]

 

      657.020 Employing unit. (1) As used in this chapter, unless the context requires otherwise, “employing unit” means:

      (a) Any individual or type of organization, including any partnership, association, limited liability company, limited liability partnership, trust, estate, joint stock company, insurance company or corporation, whether domestic or foreign, or the receiver, trustee in bankruptcy, trustee, or successor thereof, or the legal representative of a deceased person, who has or had in its employ one or more individuals performing services for it within this state.

      (b) This state, including every state officer, board, commission, department, institution, branch and agency of the state government.

      (c) Any people’s utility district.

      (d) Any political subdivision.

      (e) Any Indian tribe or subdivision, subsidiary or business enterprise wholly owned by an Indian tribe.

      (2) All individuals performing services within this state for any employing unit that maintains two or more separate establishments within this state are deemed to be employed by a single employing unit for all the purposes of this chapter, except that for the purposes of this chapter each of the various agencies, boards, commissions, departments, institutions and political subdivisions of this state shall be deemed separate employing units. [Amended by 1955 c.655 §1; 1957 c.682 §1; 1959 c.398 §1; 1973 c.715 §1; 1977 c.295 §1; 1995 c.93 §37; 1997 c.646 §14; 2001 c.572 §1]

 

      657.025 Employer. (1) As used in this chapter, unless the context requires otherwise, “employer” means any employing unit which employs one or more individuals in an employment subject to this chapter in each of 18 separate weeks during any calendar year, or in which the employing unit’s total payroll during any calendar quarter amounts to $1,000 or more.

      (2) Whenever any helper, assistant or employee of an employer engages any other person in the work that the helper, assistant or employee is doing for the employer, with the employer’s actual, constructive or implied knowledge, the employer shall, for all purposes of this chapter, be deemed the employer of the other person, whether the other person is paid by the helper, assistant or employee or by the employer. All persons employed by an employer in all of the employer’s several places of employment maintained within the state shall be treated as employed by a single employer for the purposes of this chapter. [Amended by 1953 c.494 §1; 1955 c.655 §2; 1959 c.405 §1; 1971 c.463 §2; 1973 c.300 §1; 1975 c.257 §1; 1981 c.77 §1; 2007 c.46 §1]

 

      657.030 Employment generally; educational, hospital, nursing, student service exclusions. (1) As used in this chapter, unless the context requires otherwise, and subject to ORS 657.035, 657.040 and 657.045 to 657.094, or any other section which excludes services from the term “employment,” “employment” means service for an employer, including service in interstate commerce, within or outside of the United States, performed for remuneration or under any contract of hire, written or oral, express or implied.

      (2) Notwithstanding any other provisions of this chapter, “employment” shall include service:

      (a) Which is subject to the tax imposed by the Federal Unemployment Tax Act; or

      (b) Which is required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act.

      (3) Notwithstanding subsections (1) and (2) of this section, “employment” does not include:

      (a) Service performed in the employ of a school, college or university, if such service is performed by a student who is enrolled and is regularly attending classes at such school, college or university, or by the spouse of such a student, if such spouse is advised at the time such spouse commences to perform such service, that the employment of such spouse to perform such service is provided under a program to provide financial assistance to such student by such school, college, or university, and such employment will not be covered by any program of unemployment insurance.

      (b) Service performed in the employ of a hospital, if such service is performed by a patient of such hospital.

      (c) Service performed as a student nurse in the employ of a hospital or a nurses’ training school by an individual who is enrolled in a nurses’ training school chartered or approved pursuant to the laws of this state.

      (d) Service performed by an individual who is enrolled at a nonprofit or public educational institution which normally maintains a regular faculty and curriculum and normally has a regularly organized body of students in attendance at the place where its educational activities are carried on as a student in a full-time program, taken for credit at such institution, which combines academic instruction with work experience, if such service is an integral part of such program, and such program has been approved by the Director of the Employment Department, and such institution has so certified to the employer, except that this paragraph shall not apply to service performed in a program established for or on behalf of an employer or group of employers.

      (e) Service performed by a full-time student in the employ of an organized camp described in section 3306(c)(20) of the Internal Revenue Code:

      (A) If such camp:

      (i) Did not operate for more than seven months in the calendar year and did not operate more than seven months in the preceding calendar year; or

      (ii) Had average gross receipts for any six months in the preceding calendar year which were not more than 33-1/3 percent of its average gross receipts for the other six months in the preceding calendar year; and

      (B) If such full-time student performed services in the employ of such camp for less than 13 calendar weeks in such calendar year.

      (4) As used in subsection (3)(e) of this section, an individual shall be treated as a full-time student for any period:

      (a) During which the individual is enrolled as a full-time student at an educational institution; or

      (b) Which is between academic years or terms if:

      (A) The individual was enrolled as a full-time student at an educational institution for the immediately preceding academic year or term; and

      (B) There is a reasonable assurance that the individual will be so enrolled for the immediately succeeding academic year or term after the period described in subparagraph (A) of this paragraph. [Amended by 1959 c.405 §2; 1971 c.463 §5; 1975 c.257 §2; 1981 c.77 §2; 1987 c.263 §1]

 

      657.035 Employment; effect of place of performance of service. (1) The term “employment” includes an individual’s entire service, performed within, or both within and without, this state if:

      (a) The service is localized in this state; or

      (b) The service is not localized in any state, and such service is not covered under the unemployment compensation law of any other state, the Virgin Islands or Canada, and

      (A) The base of operations is in this state, or if there is no base of operations, then the place from which the service is directed or controlled is in this state, or

      (B) The base of operations or place from which such service is directed or controlled is not in any state in which some part of the service is performed but the individual’s residence is in this state.

      (2) Service performed within this state but not covered under subsection (1) of this section is employment subject to this chapter if taxes are not required and paid with respect to such services under an unemployment insurance law of any other state or of the federal government.

      (3) Services not covered under subsection (1) of this section, and performed entirely without this state, with respect to no part of which taxes are required and paid under an unemployment insurance law of any other state or of the federal government, are employment subject to this chapter if the Director of the Employment Department approves the election of the employer for whom such services are performed that the entire service of such individual shall be employment subject to this chapter. Such an election may be canceled by the employer by filing a written notice with the director between January 1 and January 15 of any year stating the desire of the employer to cancel such election or at any time by submitting to the director satisfactory proof that the services designated in such election are covered by an unemployment insurance law of another state or of the federal government.

      (4) Service is localized within this state if:

      (a) The service is performed entirely within this state; or

      (b) The service is performed both within and without this state, but the service performed without the state is incidental to the individual’s service within the state.

      (5) Employment shall include the service of an individual who is a citizen of the United States, performed outside the United States (except in Canada or the Virgin Islands), in the employ of an American employer (other than service which is “employment” under the provisions of subsection (1) of this section or the parallel provisions of another state’s law), if:

      (a) The employer’s principal place of business in the United States is located in this state; or

      (b) The employer has no place of business in the United States, but

      (A) The employer is an individual who is a resident of this state; or

      (B) The employer is a corporation which is organized under the laws of this state; or

      (C) The employer is a partnership or a trust and the number of the partners or trustees who are residents of this state is greater than the number who are residents of any one other state; or

      (c) None of the criteria of paragraphs (a) and (b) of this subsection is met but the employer has elected coverage in this state or, the employer having failed to elect coverage in any state, the individual has filed a claim for benefits, based on such service, under the law of this state.

      (6) An “American employer” for purposes of this section means a person who is:

      (a) An individual who is a resident of the United States; or

      (b) A partnership if two-thirds or more of the partners are residents of the United States; or

      (c) A trust, if all of the trustees are residents of the United States; or

      (d) A corporation organized under the laws of the United States or of any state.

      (7) For the purposes of this section the term United States includes the states, the District of Columbia, and the Commonwealth of Puerto Rico. [Amended by 1971 c.463 §6; 1973 c.300 §2; 1977 c.295 §2]

 

      657.040 Employment; when service for pay excluded; independent contractors. (1) Services performed by an individual for remuneration are deemed to be employment subject to this chapter unless and until it is shown to the satisfaction of the Director of the Employment Department that the individual is an independent contractor, as that term is defined in ORS 670.600.

      (2) A finding that an individual performed services for an employing unit and earned less than the minimum amount necessary to qualify for benefits under ORS 657.150 based on earnings from that employing unit may not be considered in determining whether the service is employment under subsection (1) of this section. [Amended by 1967 c.303 §1; 1981 c.895 §1; 1985 c.225 §1; 1989 c.762 §6; 2005 c.533 §4]

 

      657.042 [1981 c.895 §3; 1983 c.579 §1; repealed by 1989 c.762 §8 and 1989 c.870 §14]

 

      657.043 Employment; golf course caddy service excluded; exceptions. “Employment” does not include service performed by a person as a caddy at a golf course in an established program for the training and supervision of caddies under the direction of a person who is an employee of the golf course. However, the provisions of this section do not apply to services performed for:

      (1) A nonprofit employing unit;

      (2) This state;

      (3) A political subdivision of this state; or

      (4) An Indian tribe. [1993 c.494 §4; 2001 c.572 §2; 2005 c.218 §8]

 

      657.044 Employment; service by partners and corporate officers and directors who are family members excluded; exceptions. (1) As used in this chapter, “employment” does not include service performed for:

      (a) A corporation by corporate officers who are directors of the corporation, who have a substantial ownership interest in the corporation and who are members of the same family if the corporation elects not to provide coverage for those individuals. The election shall be in writing and shall be effective on the first day of the calendar quarter in which the request was submitted.

      (b) A limited liability company by a member, including members who are managers, as defined in ORS 63.001.

      (c) A limited liability partnership by a partner as described in ORS chapter 67.

      (2) The provisions of this section do not apply to service performed for:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe.

      (3) As used in this section, “members of the same family” means persons who are members of a family as parents, stepparents, grandparents, spouses, sons-in-law, daughters-in-law, brothers, sisters, children, stepchildren, adopted children or grandchildren. [1995 c.220 §2; 1997 c.646 §15; 1999 c.59 §195; 2001 c.572 §3; 2003 c.792 §1; 2005 c.218 §9]

 

      657.045 Employment; agricultural labor excluded; exceptions. (1) “Employment” does not include agricultural labor unless such labor is performed after December 31, 1977, for an employing unit who:

      (a) During any calendar quarter in the current calendar year or the preceding calendar year paid remuneration in cash of $20,000 or more to individuals employed in agricultural labor; or

      (b) On each of 20 days during the current calendar year or the preceding calendar year, each day being in a different calendar week, employed in agricultural labor for some portion of the day (whether or not at the same moment of time) 10 or more individuals.

      (2) Notwithstanding subsection (1)(a) and (b) of this section, “employment” does not include services performed before January 1, 1993, by an individual who is an alien admitted to the United States to perform agricultural labor pursuant to sections 214(c) and 101(a) (15) (H) of the Immigration and Nationality Act.

      (3) “Agricultural labor” does not include services performed for the state or a political subdivision but does include all services performed:

      (a) On a farm, in the employ of any person, in connection with cultivating the soil, or in connection with raising or harvesting any agricultural or horticultural commodity, including the raising, shearing, feeding, caring for, training and management of livestock, bees, poultry and fur-bearing animals and wildlife.

      (b) In the employ of the owner or tenant or other operator of a farm, in connection with the operation, management, conservation, improvement or maintenance of such farm and its tools and equipment, or in salvaging timber or clearing land of brush and other debris left by a hurricane, if the major part of such services is performed on a farm.

      (c) In connection with the production or harvesting of any commodity defined as an agricultural commodity in section 15(g) of the Federal Agricultural Marketing Act, as amended, or in connection with the ginning of cotton, or in connection with the operation or maintenance of ditches, canals, reservoirs or waterways not owned or operated for profit used exclusively for supplying and storing water for farming purposes.

      (d) In the employ of the operator or group of operators of a farm or farms (or a cooperative organization of which such operator or operators are members) in handling, planting, drying, packing, packaging, processing, freezing, grading, storing or delivering to storage or to market or to a carrier for transportation to market, in its unmanufactured state, any agricultural or horticultural commodity, but only if such operator or group of operators produced more than one-half of the commodity, as measured by volume, weight or other customary means, with respect to which such service is performed.

      (4) Subsection (3)(d) of this section does not apply to service performed in connection with:

      (a) Commercial canning, commercial freezing or brining of cherries;

      (b) Any agricultural or horticultural commodity after its delivery to a terminal market for distribution for consumption; or

      (c) Any activity enumerated in subsection (3)(d) of this section when performed for an employer also engaged in any activity enumerated in paragraph (a) or (b) of this subsection.

      (5) “Farms,” as used in this section, includes stock, dairy, poultry, fruit, fur-bearing animal, Christmas tree and truck farms, plantations, orchards, ranches, nurseries, ranges, greenhouses or other similar structures used primarily for the raising of agricultural or horticultural commodities.

      (6) For the purpose of this section, service in connection with the raising of forestry-type seedlings is agricultural labor when performed in a nursery.

      (7)(a) For purposes of this chapter, and for services performed after December 31, 1977, any individual who is a member of a crew furnished by a crew leader to perform agricultural labor for any other person shall be treated as an employee of such crew leader if:

      (A) Such crew leader holds a valid certificate of registration under the federal Migrant and Seasonal Agricultural Worker Protection Act; or

      (B) Substantially all the members of such crew operate or maintain mechanized equipment which is provided by such crew leader; and

      (C) Such individual is not an employee of such other persons under the usual common law rules applicable in determining the employer-employee relationship.

      (b) Any individual who is furnished by a crew leader to perform agricultural labor for any other person and who is not treated as an employee of such crew leader under paragraph (a) of this subsection shall be an employee of such other person and such other person shall be treated as having paid cash remuneration to such individual in an amount equal to the amount of cash remuneration paid to such individual by the crew leader, either on behalf of the crew leader or on behalf of such other person, for agricultural labor performed for such other person.

      (c) For purposes of this subsection, the term “crew leader” means an individual who:

      (A) Furnishes individuals to perform agricultural labor for any other person;

      (B) Pays, either on behalf of the crew leader or on behalf of such other person, the individuals so furnished by the crew leader for the agricultural labor performed by them; and

      (C) Has not entered into a written agreement with such other person under which such individual is designated as an employee of such other person. [Amended by 1955 c.655 §3; 1957 c.395 §1; 1971 c.463 §7; 1973 c.260 §1; 1977 c.446 §1; 1987 c.263 §2; 1989 c.631 §1; 1993 c.18 §141]

 

      657.047 Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions. (1) As used in this chapter, “employment” does not include:

      (a) Transportation by motor vehicle of logs, poles and piling by any person who both furnishes and maintains the vehicle used in such transportation; or

      (b) Transportation performed by motor vehicle for a for-hire carrier by any person that leases their equipment to a for-hire carrier and that personally operates, furnishes and maintains the equipment and provides service thereto.

      (2) For the purposes of this chapter, services performed in the operation of a motor vehicle specified in subsection (1) of this section shall be deemed to be performed for the person furnishing and maintaining the motor vehicle.

      (3) As used in this section “for-hire carrier” has the meaning given that term in ORS 825.005.

      (4) The provisions of subsections (1) and (2) of this section do not apply to services performed for:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe. [1963 c.469 §2; 1987 c.891 §3; 1995 c.306 §39; 2001 c.572 §4; 2005 c.218 §10]

 

      657.048 Employment; language translators or interpreters excluded; exceptions. (1) “Employment” does not include services performed by language translators or interpreters that are provided for others through an agent or broker.

      (2) The provisions of this section do not apply to services performed for:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe. [1997 c.294 §2; 2001 c.572 §5; 2005 c.218 §11]

 

      657.050 Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions. (1) As used in this chapter, “employment” does not include:

      (a) Domestic service performed in a private home, local college club or local chapter of a college fraternity or sorority, unless the domestic service is performed for an employing unit that paid to individuals employed in the domestic service cash remuneration of $1,000 or more in a calendar quarter in the current calendar year or the preceding calendar year.

      (b) Child care service provided through the Department of Human Services to an individual who is the recipient of public assistance.

      (c) Service not in the course of the employer’s trade or business or that does not promote or advance the trade or business of the employer unless the service is performed in each of 18 weeks in a calendar year or total payroll for the service is $1,000 or more during any calendar quarter.

      (d) Child care service provided in the home of the child care provider by the provider.

      (2) The provisions of subsection (1)(b) and (d) of this section do not apply to services performed for:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe. [Amended by 1959 c.405 §3; 1975 c.156 §1; 1977 c.446 §2; 1993 c.444 §1; 1995 c.139 §1; 1997 c.58 §1; 2001 c.572 §6; 2005 c.218 §12; 2007 c.46 §2]

 

      657.053 Employment; certain service on fishing boat excluded. (1) As used in this section:

      (a) “Fish” includes fish or other forms of aquatic animal life.

      (b) “Boat” includes one or, in the case of a fishing operation, more than one boat.

      (2) “Employment” does not include service performed by an individual on a boat engaged in catching fish under an arrangement with the owner or operator of the boat when, under the arrangement:

      (a) The individual does not receive any cash remuneration other than as provided in paragraph (c) of this subsection;

      (b) Any cash remuneration does not exceed $100;

      (c) The individual receives a share of the boat’s catch of fish or a share of the proceeds from the sale of that catch; and

      (d) The amount of the individual’s share depends on the amount of the boat’s catch of fish, but only if the operating crew of the boat, or each boat from which the individual receives a share in the case of a fishing operation involving more than one boat, is normally made up of fewer than 10 individuals. [1999 c.651 §2]

 

      657.055 [Amended by 1959 c.405 §4; repealed by 1961 c.349 §3]

 

      657.056 Employment; maritime service. (1) “Employment” includes an individual’s entire service as an officer or member of a crew of an American vessel wherever performed and whether in intrastate or interstate or foreign commerce, if the employer maintains within this state at the beginning of the pay period an operating office from which the operations of the vessel are ordinarily and regularly supervised, managed, directed and controlled.

      (2) The term “employment” shall not include:

      (a) Services performed as an officer or member of the crew of a vessel not an American vessel; or

      (b) Services performed by an individual not a United States citizen on or in connection with an American vessel under a contract of service which is not entered into within the United States and during the performance of which the vessel does not touch a port of the United States.

      (3) “American vessel” means any vessel documented or numbered under the law of the United States and includes any vessel which is neither documented nor numbered under the laws of the United States nor documented under the laws of any foreign country if its crew is employed solely by one or more citizens or residents of the United States or corporations organized under the laws of the United States or of any state. [1961 c.349 §2; 1971 c.463 §8]

 

      657.060 Employment; family service and foster care excluded. (1) “Employment” does not include service performed by a person in the employ of a son, daughter, or spouse, and service performed by a child under the age of 18 in the employ of the father or mother.

      (2) “Employment” does not include service performed as foster care parents certified by the Department of Human Services or approved by a licensed child caring facility. [Amended by 1975 c.334 §1; 1987 c.857 §1]

 

      Note: Section 2, chapter 857, Oregon Laws 1987, provides:

      Sec. 2. If the United States Secretary of Labor serves notice that the provisions of ORS 657.060, as amended by section 1 of this Act, fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act, then ORS 657.060 (2) shall no longer be of any force or effect. [1987 c.857 §2]

 

      657.065 Employment; governmental service excluded; exceptions. (1) “Employment” does not include service performed in the employ of the United States Government or any instrumentality of the United States, except that if the Congress of the United States permits states to require any instrumentalities of the United States to make payments into an unemployment fund under a state unemployment insurance law, then, to the extent permitted by Congress, and after the date such permission becomes effective, this chapter shall be effective as to such instrumentalities and as to services performed for such instrumentalities in the same manner, to the same extent and on the same terms as to all other employers, employing units, individuals and services. However, if this state is not certified by the Secretary of Labor under section 3304(c) of title 26, United States Code, for any year, then the payments required of such instrumentalities with respect to such year shall be deemed to have been erroneously collected within the meaning of ORS 657.510 and shall be refunded by the Director of the Employment Department from the fund in accordance with ORS 657.510.

      (2) “Employment” does not include services that are performed in the employ of the state, any political subdivision or instrumentality of the state or an Indian tribe:

      (a) As an elected public official.

      (b) In a position that, under or pursuant to laws of this state or tribal laws, is designated as a policymaking or advisory position the performance of the duties of which ordinarily does not require more than eight hours per week.

      (c) As an employee serving on a temporary basis in case of fire, storm, earthquake, flood or similar emergency.

      (d) As a member of a legislative body or a member of the judiciary.

      (e) By an inmate of a custodial or penal institution when such services are performed for the custodial or penal institution in which the inmate is confined.

      (f) As a member of the Oregon Army National Guard or Oregon Air National Guard.

      (3) The provisions of ORS 657.425 permitting election of coverage for services that do not constitute “employment” do not apply to services performed as an elected public or tribal official.

      (4) Notwithstanding the provisions of ORS 657.025, “employer” means any state government, political subdivision or Indian tribe employing unit. [Amended by 1955 c.655 §4; 1957 c.682 §2; subsection (2) enacted as 1957 c.682 §4; 1959 c.398 §2; 1959 c.665 §1; 1961 c.452 §1; 1969 c.275 §1; 1971 c.463 §9; 1973 c.715 §2; 1975 c.156 §2; 1977 c.446 §3; 2001 c.572 §7]

 

      657.067 Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions. (1) As used in this chapter, “employment” does not include service performed or participation by applicants, recipients, beneficiaries, participants, trainees or volunteers:

      (a) In a community work and training program, as defined in ORS 411.855.

      (b) In an unemployment work-relief or work-training program when the program is within the meaning of section 3309(b)(5) of the Federal Unemployment Tax Act, as amended.

      (c) In the Work Incentive Program, Title IV of the Social Security Act (United States Public Law 90-248), as amended.

      (d) In an AmeriCorps service program under the National and Community Service Act of 1990 (42 U.S.C. 12501 et seq.).

      (2) The exclusions stated in subsection (1)(b) and (c) of this section do not apply to services performed by an individual participating in a program that, by federal law or regulation, requires unemployment insurance coverage to be provided to the individual. [1961 c.631 §6; 1965 c.291 §4; 1967 c.130 §9; 1975 c.107 §2; 1977 c.294 §2; 1979 c.267 §1; 1985 c.565 §87; 1987 c.857 §3; 2005 c.372 §1]

 

      657.070 [Repealed by 1971 c.463 §20]

 

      657.072 Employment; certain nonprofit services excluded. “Employment” does not include service performed for a nonprofit employing unit by an individual receiving rehabilitation or remunerative work in a facility conducted for the purpose of carrying out a program of rehabilitation for individuals whose earning capacity is impaired by age or physical or mental deficiency or injury, or providing remunerative work for individuals who because of their impaired physical or mental capacity cannot be readily absorbed in the competitive labor market. [1971 c.463 §4; 1973 c.118 §1; 1977 c.446 §4; 1999 c.59 §196; 2005 c.218 §1]

 

      657.075 Employment; service under Railroad Unemployment Insurance Act excluded. “Employment” does not include service performed under the Railroad Unemployment Insurance Act (52 Stat. 1094).

 

      657.078 Employment; stringer, correspondent and photographer services for media excluded. “Employment” does not include services performed by an individual as a stringer, correspondent or photographer, for print or broadcast media, who submits information, stories or pictures by the piece or at a flat rate to newspapers, special publications, television or radio if the individual is free from direction and control over the means and manner of providing the services. However, this section does not apply to services performed for a nonprofit employing unit for this state, for a political subdivision of this state or for an Indian tribe. [2005 c.533 §9; 2007 c.71 §208]

 

      Note: 657.078 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      657.080 Employment; news delivery service excluded. “Employment” does not include service performed by an individual:

      (1) In the delivery or distribution of newspapers or shopping news, not including delivery or distribution to any point for subsequent delivery or distribution.

      (2) In the delivery or distribution of newspapers whose remuneration primarily consists of the difference between the amount the individual pays or is obligated to pay for the newspapers and the amount the individual receives or is entitled to receive on distribution or resale thereof. [Amended by 1975 c.257 §3]

 

      657.085 Employment; service by certain agents, brokers, producers and salespersons excluded. “Employment” does not include service performed by any person as a newspaper advertising salesperson, real estate broker, principal real estate broker, insurance producer or securities salesperson or agent to the extent that the person is compensated by commission. [Amended by 1965 c.131 §1; 1979 c.521 §2; 2001 c.300 §55; 2003 c.364 §53]

 

      657.087 Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded. “Employment” does not include service performed:

      (1) By individuals soliciting contracts for home improvements including roofing, siding and alterations of private homes to the extent that the remuneration consists of commissions, or a share of the profit realized on each contract; or

      (2) By individuals to the extent that the compensation consists of commissions, overrides or a share of the profit realized on orders solicited or sales resulting from the in-person solicitation of orders for and making sales of consumer goods in the home. [1961 c.320 §2; 1977 c.101 §1]

 

      657.090 Employment; petroleum products distributors excluded. “Employment” does not include service performed by an individual or partnership in the wholesale distribution of petroleum products whose remuneration for such service primarily consists of the difference between the amount the individual or partnership pays or is obligated to pay for the petroleum products and the amount the individual or partnership receives or is entitled to receive from the sale thereof or whose remuneration for such service primarily consists of commissions. [Amended by 1961 c.252 §7]

 

      657.091 Employment; food product demonstrators excluded. “Employment” does not include service performed by individuals who, on a temporary, part-time basis, demonstrate or give away samples of food products, as part of an advertising or sales promotion for the product, in stores that sell food at retail and who are not otherwise directly employed by the manufacturer, distributor or retailer. [1987 c.891 §2]

 

      657.092 Employment; nonprofit organization employees and contestants excluded. (1) “Employment” does not include service performed by an individual as a director, designer, performer, musician, technical crew member, house or business person, contestant, beauty queen or member of a court for or on behalf of a nonprofit organization in connection with a symphony, opera, play, pageant, festival, rodeo or similar event operated by such organization when the remuneration for such service consists solely of a gratuity, prize, scholarship or reimbursement of expenses.

      (2) As used in this section:

      (a) “Contestant” means a person competing in a competition in a pageant, festival, rodeo or similar event.

      (b) “Gratuity” means a voluntary return for a service and does not include commissions or other amounts paid pursuant to an agreement reached at the time the individual agrees to perform a service for the organization.

      (c) “Nonprofit organization” means an organization or group of organizations described in sections 501(c)(3) to 501(c)(10) of the Internal Revenue Code which is exempt from income tax under section 501(a) of the Internal Revenue Code.

      (d) “Prize” means a reward received for winning a competition in a pageant, festival, rodeo or similar event.

      (e) “Reimbursement for expenses” means a payment made in lieu of salary to compensate an individual for transportation costs to the location of the service and return, and ordinary living expenses while in the vicinity of the event in which the individual is participating.

      (f) “Scholarship” means a grant provided for the purpose of paying part of the tuition or other costs of attending an educational institution or institution of higher education and payable to the institution of the individual’s choice. [1981 c.636 §2; 1983 c.508 §15; 2007 c.71 §209]

 

      657.094 Employment; down-river boating activities excluded. “Employment” does not include service performed by an individual in connection with the transportation of the public for recreational down-river boating activities on the waters of this state pursuant to a federal permit when the person furnishes the equipment necessary for the activity. As used in this section, “recreational down-river boating activities” means those boating activities for the purpose of recreational fishing, swimming or sightseeing utilizing a float craft with oars or paddles as the primary source of power. [1981 c.444 §3]

 

      657.095 Payroll. (1) As used in this chapter, unless the context requires otherwise, “payroll” means all wages paid to employees in any employment subject to this chapter. However, for payroll tax purposes pursuant to this chapter, “wages” excludes remuneration received by an employee from each employer in any calendar year that is in excess of an amount obtained by multiplying the average annual wage for the second preceding calendar year by 0.80 and rounding the result to the nearest multiple of $100. The average annual wage shall be determined by dividing the total wages paid by subject employers during the year by the average monthly employment reported by subject employers for the year. However, a payroll, as calculated pursuant to this section, may not in any year be less than the amount in effect during the preceding calendar year.

      (2) The remuneration paid by an employer located in this state for work performed in other states by an employee who works part of the time in a calendar year in this and other states shall be included in payroll when the work in the other states is covered by unemployment insurance laws. The Director of the Employment Department shall prescribe the manner of providing proof of the payment of payroll taxes on the wages of an employee earned while working in other states. [Amended by 1955 c.655 §6; 1959 c.606 §1; 1965 c.205 §1; 1971 c.463 §10; 1973 c.300 §3; 1973 c.810 §1; 1975 c.354 §1; 1983 c.508 §2; 1995 c.79 §331; 2005 c.183 §4]

 

      657.097 Political subdivision. As used in this chapter, “political subdivision” means any county, city, district organized for public purposes, or any other political subdivision or public corporation, including any entity organized pursuant to ORS 190.003 to 190.620. [1957 c.682 §5; 1977 c.446 §5]

 

      657.100 Unemployment; rules. (1) An individual is deemed “unemployed” in any week during which the individual performs no services and with respect to which no remuneration for services performed is paid or payable to the individual, or in any week of less than full-time work if the remuneration paid or payable to the individual for services performed during the week is less than the individual’s weekly benefit amount.

      (2) For the purposes of ORS 657.155 (1), an individual who performs full-time services in any week for an employing unit is not unemployed even though remuneration is neither paid nor payable to the individual for the services performed; however, nothing in this subsection shall prevent an individual from meeting the definition of “unemployed” as used in this section solely by reason of the individual’s performance of volunteer services without remuneration for a charitable institution or a governmental entity.

      (3) The Director of the Employment Department shall prescribe rules as the director deems necessary with respect to the various types of unemployment. [Amended by 1981 c.77 §3]

 

      657.105 Wages; generally. (1) As used in this chapter, unless the context requires otherwise, and subject to ORS 657.115 to 657.140, “wages” means all remuneration for employment, including the cash value, as determined by the Director of the Employment Department under the regulations of the director, of all remuneration paid in any medium other than cash.

      (2) Notwithstanding the provisions of subsection (1) of this section, noncash remuneration paid for services performed in agricultural labor or domestic service shall not be considered remuneration or wages for any purpose under this chapter. [Amended by 1975 c.257 §4; 1977 c.446 §6]

 

      657.110 [Repealed by 1973 c.300 §15]

 

      657.115 Wages; exclusion of fringe benefits. (1) “Wages” does not include the amount of any payment made to, or on behalf of, an individual or any of the individual’s dependents on account of:

      (a) Retirement.

      (b) Sickness or accident disability under a workers’ compensation law.

      (c) Medical or hospitalization expenses in connection with sickness or accident disability.

      (d) Death.

      (e) Dependent care assistance furnished pursuant to a program that meets the requirements of section 129(d) of the Internal Revenue Code, to the extent the assistance does not exceed the earned income limitation in section 129(b) of the Internal Revenue Code.

      (2) For purposes of this section, “payment made” includes amounts paid by an employing unit for insurance or annuities or into a fund.

      (3) This section does not apply unless the payment is made under a plan or system established by an employing unit which makes provision generally:

      (a) For individuals performing service for it or for such individuals generally and their dependents; or

      (b) For a class or classes of such individuals or for a class or classes of such individuals and their dependents. [Amended by 1981 c.77 §4; 1983 c.508 §3; 1991 c.803 §1; 2005 c.283 §1; 2007 c.614 §17]

 

      657.117 Wages; inclusion of federal taxes and tips. “Wages” as used in ORS 657.105 includes:

      (1) The amount of any tax imposed upon an employee and paid by an employer pursuant to sections 3121(a)(6) and 3306(b)(6) of the Internal Revenue Code.

      (2) Tips reported by the employer pursuant to section 3306 of the Internal Revenue Code. [Amended by 1981 c.77 §9; 1983 c.508 §4; 1985 c.507 §2; 2007 c.614 §18]

 

      657.120 Wages; exclusion of retirement benefits. “Wages” does not include the amount of any payment made by an employing unit on behalf of an individual performing service for it for insurance or annuities, or into a fund, to provide for any such payment, on account of retirement. [Amended by 1981 c.77 §5]

 

      657.125 Wages; exclusion of disability benefits. “Wages” does not include the amount of any payment made on account of sickness or accident disability, or medical or hospitalization expenses in connection with sickness or accident disability, by an employing unit to, or on behalf of, an individual performing service for it after the expiration of six calendar months following the last calendar month in which the individual worked for such employing unit. [Amended by 1981 c.77 §6]

 

      657.130 Wages; exclusion of payments from certain trusts and annuities. “Wages” does not include the amount of any payment made by an employing unit to, or on behalf of, an individual performing service for it, or the individual’s beneficiary:

      (1) From or to a trust exempt from tax under section 401(a) of the United States Code at the time of such payment unless such payment is made to an individual performing service for the trust as remuneration for such service and not as a beneficiary of the trust; or

      (2) Under or to an annuity plan which, at the time of such payment, meets the requirements of section 401(a) of the United States Code. [Amended by 1973 c.300 §4; 1981 c.77 §7]

 

      657.135 Wages; exclusion of payments to persons over 65. “Wages” does not include the amount of any payment, other than vacation or sick pay, made to an individual after the month in which the individual attains the age of 65 years, if the individual did not work for the employing unit in the period for which such payment is made. [Amended by 1981 c.77 §8]

 

      657.140 Wages; exclusion of assistance to individuals under community work and training program. As used in this chapter, “wages” or “remuneration” does not include the amount or value of public assistance provided in cash or in kind in consequence of participation in a community work and training program, as defined in ORS 411.855. [1961 c.631 §7; 1965 c.291 §5; 1967 c.130 §10]

 

BENEFITS AND CLAIMS

 

(Income Tax Consequences of Benefits)

 

      657.144 Notice to individual of effect of filing claim for benefits. An individual filing a new claim for benefits under this chapter shall, at the time the claim is filed with the Employment Department, be advised that:

      (1) Benefits are subject to federal and state income tax;

      (2) Federal and state law may require that a recipient of benefits make quarterly estimated tax payments during the tax year in which the benefits are received;

      (3) Federal and state law may impose penalties on a recipient of benefits for the failure to timely make estimated tax payments; and

      (4) A recipient of benefits may elect under ORS 657.146 to have amounts withheld from the recipient’s payment of benefits for federal and state income tax purposes at the amount specified in:

      (a) The federal Internal Revenue Code for the voluntary withholding of unemployment benefits for federal income tax purposes; and

      (b) ORS 657.146 for the voluntary withholding of unemployment benefits for state income tax purposes. [1995 c.556 §54; 1997 c.133 §1]

 

      657.145 [1977 c.447 §2; repealed by 1983 c.508 §14]

 

      657.146 Withholding from benefits for tax purposes; rules. (1) A claimant may elect to have an amount withheld from benefits otherwise payable to the claimant.

      (2) An election made under this section shall be on such form and in such manner as prescribed by the Employment Department.

      (3) A claimant making an election under this section may terminate the election at any time.

      (4) The amount to be withheld by the Employment Department from a payment of benefits to a claimant making the election under this section shall be the total of:

      (a) The amount determined under the rules of the federal Internal Revenue Code relating to the voluntary withholding of amounts from unemployment benefits, for federal income tax purposes; and

      (b) An amount equal to six percent of the payment to which the claimant would be entitled but for the election made under this section, for state income tax purposes.

      (5) Amounts withheld by the Employment Department pursuant to an election made under this section shall remain in the Unemployment Compensation Trust Fund established under ORS 657.805. Those amounts allocable to federal income tax withholding shall be transferred by the Employment Department to the federal Internal Revenue Service in the time and manner provided by federal law and those amounts allocable to state income tax withholding shall be transferred to the Department of Revenue in the time and manner provided by the Department of Revenue by rule. [1995 c.556 §55; 1997 c.133 §2]

 

      657.148 Compliance with federal requirements for collection and payment of federal taxes. For purposes of ORS 657.144 and 657.146, the Employment Department shall follow the procedures and regulations adopted by the United States Department of Labor and the federal Internal Revenue Service that relate to the collection and payment of federal income tax withholding amounts on benefits paid to individuals under this chapter. [1995 c.556 §56; 1997 c.133 §3]

 

(Generally)

 

      657.150 Amount of benefits; length of employment and wages necessary to qualify for benefits; rules. (1) An individual shall be paid benefits for weeks during the benefit year in an amount which is to be determined by taking into account the individual’s work in subject employment in the base year as provided in this section.

      (2)(a) To qualify for benefits an individual must have:

      (A) Worked in subject employment in the base year with total base year wages of $1,000 or more and have total base year wages equal to or in excess of one and one-half times the wages in the highest quarter of the base year; and

      (B) Have earned wages in subject employment equal to six times the individual’s weekly benefit amount in employment for service performed subsequent to the beginning of a preceding benefit year if benefits were paid to the individual for any week in the preceding benefit year.

      (b) If the individual does not meet the requirements of paragraph (a)(A) of this subsection, the individual may qualify for benefits if the individual has worked a minimum of 500 hours in employment subject to this chapter during the base year.

      (3) If the wages paid to an individual are not based upon a fixed period of time or if wages are paid at irregular intervals or in such manner as not to extend regularly over the period of employment, for the purposes of subsections (2) to (5) of this section, the individual’s wages shall be allocated in accordance with rules prescribed by the Director of the Employment Department. Such rules shall, insofar as possible, produce results the same as those which would exist if the individual had been paid wages at regular intervals. The director may adopt rules to attribute hours of work to an individual if the individual is not paid on an hourly basis or if the employer does not report the number of hours worked.

      (4) An eligible individual’s weekly benefit amount shall be 1.25 percent of the total wages paid in the individual’s base year. However, such amount shall not be less than the minimum, nor more than the maximum weekly benefit amount.

      (a) The minimum weekly benefit amount shall be 15 percent (0.1500) of the state average weekly covered wage for the preceding calendar year, effective for any benefit year commencing on and after the week which includes July 4, 1975, and the week that includes each July 4 thereafter.

      (b) The maximum weekly benefit amount shall be:

      (A) Fifty-five percent (0.5500) of the state average weekly covered wage for calendar year 1979, effective for any benefit year commencing with and after the week which includes July 4, 1980, and through any benefit year commencing with the week which includes June 27, 1981.

      (B) Fifty-five percent (0.5500) of the state average weekly covered wage for calendar year 1980, effective for any benefit year commencing with and after the week which includes July 4, 1981, through any benefit year commencing with the week which includes September 27, 1981.

      (C) Fifty-eight percent (0.5800) of the state average weekly covered wage for calendar year 1980, effective for any benefit year commencing with and after the week which includes October 4, 1981, through any benefit year commencing with the week which includes June 27, 1982.

      (D) Sixty percent (0.6000) of the state average weekly covered wage for calendar year 1981, effective for any benefit year commencing with and after the week which includes July 4, 1982, through any benefit year commencing with the week which includes June 27, 1983.

      (E) Sixty-four percent (0.6400) of the state average covered weekly wage for the preceding calendar year, effective for any benefit year commencing with and after the week which includes July 4, 1983, and the week which includes each July 4 thereafter.

      (c) All weekly benefit amounts, if not a multiple of $1, shall be computed to the next lower multiple of $1.

      (d) For the purposes of this subsection, the state average weekly covered wage means an amount determined by the Employment Department by dividing the total wages paid by subject employers during the year by 52 times the average monthly employment reported by subject employers for the year.

      (5) Benefits paid to an eligible individual in a benefit year shall not exceed 26 times the individual’s weekly benefit amount, or one-third of the base year’s wages paid, whichever is the lesser. If such amount is not a multiple of $1, it shall be computed to the next lower multiple of $1.

      (6) An eligible unemployed individual who has employment in any week shall have the individual’s weekly benefit amount reduced by the amount of earnings paid or payable that exceeds whichever is the greater of the following amounts:

      (a) Ten times the minimum hourly wage established by the laws of this state; or

      (b) One-third of the individual’s weekly benefit amount.

      (7) Payment which has been, is or will be paid to an individual for a holiday or vacation shall be considered as earnings in the determination of the amount of benefits payable with respect to the week in which the holiday or vacation falls in the same manner as provided in subsection (6) of this section. However, if payment for the holiday or vacation is paid more than 45 days prior to the holiday or vacation or is delayed more than 45 days following the end of the week in which the holiday or vacation falls, the provisions of this section do not apply and previously reduced benefits shall be adjusted accordingly.

      (8) Payment which has been, or will be made to an individual as a member of a reserve component of the Armed Forces of the United States, including the organized militia of the State of Oregon, for the performance of inactive duty training shall not be considered as earnings in the determination of the amount of benefits payable. [1955 c.655 §15; 1957 c.699 §1; 1959 c.567 §1; 1961 c.211 §1; 1963 c.441 §1; 1967 c.434 §1; 1969 c.569 §1; 1971 c.463 §13; 1971 c.521 §1; 1973 c.146 §1; 1973 c.535 §1; 1975 c.661 §2; 1977 c.670 §1; 1981 c.77 §10; 1981 c.751 §1; 1983 c.51 §1; 1987 c.257 §1; 1989 c.897 §1; 1995 c.104 §1; 1995 c.105 §4; 1995 c.153 §1]

 

      657.152 Adjusting benefits to even dollar amounts. Notwithstanding any other provision of this chapter to the contrary, any amount of unemployment compensation payable to any individual for any week if not an even dollar amount, shall be rounded to the next lower full dollar amount. [1983 c.51 §4]

 

      657.155 Benefit eligibility conditions; rules. (1) An unemployed individual shall be eligible to receive benefits with respect to any week only if the Director of the Employment Department finds that:

      (a) The individual has registered for work at and thereafter has continued to report at an employment office in accordance with such rules as the director may prescribe. However, the director may, by rule, waive or alter either or both of the requirements of this subsection as to individuals attached to regular jobs and as to such other types of cases or situations with respect to which the director finds that compliance with such requirements would be oppressive, or would be inconsistent with the purposes of this chapter; provided, that no such rule conflicts with ORS 657.255.

      (b) The individual has made a claim for benefits with respect to such week in accordance with ORS 657.260.

      (c) The individual is able to work, is available for work, and is actively seeking and unable to obtain suitable work. No individual participating in a community work and training program, as defined in ORS 411.855, shall, solely by reason thereof, be unavailable for work within the meaning of this section.

      (d) The individual has been unemployed for a waiting period of one week.

      (e) The individual is not disqualified from benefits or ineligible for benefits under any other section of this chapter.

      (f) The individual is qualified for benefits under ORS 657.150.

      (2) An individual who leaves the normal labor market area of the individual for the major portion of any week is presumed to be unavailable for work within the meaning of this section. This presumption may be overcome if the individual establishes to the satisfaction of the director that the individual has conducted a bona fide search for work and has been reasonably accessible to suitable work in the labor market area in which the individual spent the major portion of the week to which the presumption applies.

      (3) The director shall either promptly allow credit or pay benefits for any week for which benefits are claimed or promptly give notice of denial thereof in the manner provided in ORS 657.267 and 657.268. [Amended by 1955 c.655 §7; 1961 c.631 §8; 1967 c.130 §11; 1973 c.398 §1; 1977 c.295 §3; 1979 c.521 §1; 1993 c.778 §11]

 

      657.156 Reemployment service assistance; eligibility; rules. (1) The Employment Department shall:

      (a) Identify eligible individuals who are likely to exhaust benefits payable under ORS 657.150 and who will need reemployment service assistance to make a successful transition to new employment; and

      (b) Refer individuals identified under paragraph (a) of this subsection for any reemployment services available under state or federal law. Such services may include job search assistance, job placement services, counseling, testing, providing occupational and labor market information, assessment and referrals to employers.

      (2) An eligible unemployed individual shall be eligible to receive benefits with respect to any week only if the individual participates in reemployment services including but not limited to job search assistance services, if the individual has been determined to be likely to exhaust regular benefits and to need reemployment services pursuant to a profiling system established by the Director of the Employment Department, unless the director determines that:

      (a) The individual has completed such services; or

      (b) There is justifiable cause for the individual’s failure to participate in such services.

      (3) In adopting rules to carry out the provisions of this section, the director, insofar as practicable, shall comply with rules and policies of the United States Department of Labor. [1995 c.193 §2]

 

      Note: 657.156 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      657.157 [1989 c.897 §3; repealed by 1995 c.104 §2]

 

      657.158 Self-employment assistance; eligibility; amounts payable; rules. (1) As used in this section:

      (a) “Regular benefits” means benefits payable to an individual under this chapter, including benefits payable to federal civilian employees and to ex-servicemembers under 5 U.S.C. chapter 85, but not including additional benefits or extended benefits payable under ORS 657.321 to 657.329 or 657.331 to 657.334.

      (b) “Self-employment assistance activities” means activities approved by the Director of the Employment Department in which individuals, identified under ORS 657.156 as likely to exhaust benefits, participate for the purpose of enabling those individuals to establish a business and become self-employed. “Self-employment assistance activities” includes, but is not limited to, entrepreneurial training, business counseling and technical assistance.

      (c) “Self-employment assistance allowance” means an amount, payable in lieu of regular benefits under this chapter, to an individual participating in self-employment assistance activities in accordance with this section. Self-employment assistance allowance amounts shall be paid from the Unemployment Compensation Benefit Fund.

      (2) The weekly amount of the self-employment assistance allowance payable to an individual is equal to the weekly regular benefit amount. The sum of the self-employed assistance allowance paid under this section and the regular benefits paid under this chapter with respect to any benefit year shall not exceed the maximum benefit amount payable under ORS 657.150 (5) with respect to that benefit year.

      (3) The self-employment assistance allowance shall be payable to an individual at the same intervals and on the same terms and conditions as regular benefits under this chapter except that:

      (a) The provisions of this chapter regarding being available for work, actively seeking work and refusing to accept suitable work are not applicable to such an individual.

      (b) The provisions of ORS 657.150 (6) relating to remuneration for services performed are not applicable to income earned from self-employment by such an individual.

      (c) An individual participating in self-employment assistance activities shall be considered to be unemployed under ORS 657.100.

      (d) An individual who fails to participate in self-employment assistance activities or who fails actively to engage on a full-time basis in establishing a business and becoming self-employed is ineligible to receive the self-employment assistance allowance for each week in which such failure occurs.

      (4) The number of individuals receiving the self-employment assistance allowance at any time shall not exceed five percent of the number of individuals receiving regular benefits.

      (5) The self-employment assistance allowance shall be charged to employers in the manner provided in this chapter for the charging of regular benefits.

      (6) In adopting rules to carry out the provisions of this section, the director, insofar as practicable, shall comply with rules and policies of the United States Department of Labor.

      (7) The provisions of this section apply to weeks beginning after the date of enactment of federal law authorizing this section or the date of any required plan adopted by the United States Department of Labor, whichever date is later. The authority under this section terminates at the end of the week preceding the date when federal law no longer authorizes this section, unless that date is on a Saturday in which case the authority terminates on that date. [1995 c.193 §3]

 

      Note: 657.158 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      657.159 Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs. (1) To satisfy the registration requirements of ORS 657.155 (1), an unemployed individual who submits a claim for benefits, at the request of the Director of the Employment Department or an authorized representative of the director, shall submit to the Oregon State Employment Service information regarding the individual’s job qualifications, training and experience as the director or an authorized representative of the director deems necessary to carry out job placement and counseling services for the individual.

      (2) Information submitted by an individual pursuant to the provisions of subsection (1) of this section shall be promptly used by the Oregon State Employment Service for matching against available job openings retained in Employment Department records. The results shall be made available to department placement personnel who will refer the claimant to any available, suitable job opening for which the individual qualifies, provided the referral is not in conflict with federal or state law.

      (3) In determining the amount and type of information an individual must submit to satisfy the requirements of subsection (1) of this section, the director or an authorized representative of the director shall consider, among other factors, the individual’s employer affiliation, the anticipated and actual duration of the individual’s period of employment, union membership and union hiring practices, state and local labor market conditions and information from past or prospective employers of the individual.

      (4) When this chapter requires individuals or employers to furnish information in writing or require a signed document or signature, the director may waive those requirements to implement the Employment Department Information Network project. [1979 c.149 §2; 1993 c.778 §20]

 

      657.160 [Amended by 1959 c.643 §1; 1961 c.209 §1; 1965 c.213 §1; 1967 c.230 §1; 1969 c.75 §1; repealed by 1973 c.398 §3]

 

      657.165 Waiting period eligibility, condition, limitation. No week shall be counted as a week of unemployment for the purposes of ORS 657.155 (1)(d):

      (1) Unless it occurs within the benefit year that includes the week for which the unemployed individual claims payment of benefits.

      (2) If benefits have been paid with respect thereto.

      (3) Unless the unemployed individual was eligible for benefits with respect thereto as provided in ORS 657.150, 657.155 to 657.176, 657.184, 657.186, 657.200 to 657.213 and 657.221, except for the requirements of ORS 657.155 (1)(d). [Amended by 1959 c.642 §2; 1975 c.257 §5; 1981 c.46 §1; 1983 c.508 §5]

 

      657.167 Amount and time period for payment of benefits to educational institution employees. (1) Benefits based on service in an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter, except that benefits shall not be paid based on such services for any week of unemployment commencing during the period between two successive academic years or, when an agreement provides instead for a similar period between two regular terms whether or not successive or during a period of paid sabbatical leave provided for in the individual’s contract and if such individual performs such services in the first of such academic years or terms and if there is a contract or a reasonable assurance that such individual will perform services in any such capacity for any institution in the second of such academic years or terms. All services by an individual for an institution shall be deemed in instructional, research or principal administrative capacity if at least 50 percent of the individual’s time is spent in such activities.

      (2) With respect to any services described in subsection (1) of this section, compensation payable on the basis of such services shall be denied to any individual for any week that commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is reasonable assurance that such individual will perform such services or any services described in ORS 657.221 (1) in the period immediately following such vacation period or holiday recess.

      (3) With respect to any services described in subsection (1) of this section, benefits based on such services shall be denied as specified in subsections (1) and (2) of this section to any individual who performed such service in an institution while in the employ of an education service district established by ORS chapter 334, providing 50 percent or more of the individual’s time is spent in instructional, research or principal administrative capacity in such institution.

      (4) The provisions of subsections (1), (2) and (3) of this section apply only to service performed for:

      (a) An educational institution or institution of higher education operated by a nonprofit employing unit;

      (b) This state;

      (c) A political subdivision of this state; or

      (d) An Indian tribe. [1971 c.463 §12; 1975 c.284 §1; 1977 c.241 §2; 1981 c.60 §1; 1983 c.528 §2; 1985 c.226 §2; 1985 c.748 §1; 2001 c.572 §8; 2005 c.218 §4]

 

      657.170 Extending base year; limitation. (1) If the Director of the Employment Department finds that during the base year of the individual any individual has been incapable of work during the greater part of any calendar quarter, such base year shall be extended a calendar quarter. Except as provided in subsection (2) of this section, no such extension of an individual’s base year shall exceed four calendar quarters.

      (2) If the director finds that during and prior to the individual’s base year the individual has had a period of temporary total disability caused by illness or injury and has received compensation under ORS chapter 656 for a period of temporary total disability during the greater part of any calendar quarter, the individual’s base year shall be extended as many calendar quarters as necessary to establish a valid claim, up to a maximum of four calendar quarters prior to the quarter in which the illness or injury occurred, if the individual:

      (a) Files a claim for benefits not later than the fourth calendar week of unemployment following whichever is the latest of the following dates:

      (A) The date the individual is released to return to work by the attending physician, as defined in ORS chapter 656, or a nurse practitioner authorized to provide compensable medical services under ORS 656.245; or

      (B) The date of mailing of a notice of claim closure pursuant to ORS chapter 656; and

      (b) Files such a claim within the three-year period immediately following the commencement of such period of illness or injury.

      (3) Notwithstanding the provisions of this section, benefits payable as a result of the use of wages paid in a calendar quarter prior to the individual’s current base year shall not exceed one-third of such wages less benefits paid previously as a result of the use of such wages in computing a previous benefit determination. [Amended by 1953 c.646 §2; 1961 c.208 §1; 1989 c.235 §1; 1995 c.105 §5; 1999 c.313 §14; 2003 c.811 §§19,20; 2005 c.218 §§5,6; 2007 c.365 §10]

 

      657.175 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

 

      657.176 Grounds and procedure for disqualification; rules. (1) An authorized representative designated by the Director of the Employment Department shall promptly examine each claim to determine whether an individual is subject to disqualification as a result of a separation, termination, leaving, resignation, or disciplinary suspension from work or as a result of failure to apply for or accept work and shall promptly enter a director’s decision if required by ORS 657.267. The authorized representative may address issues raised by information before the authorized representative, including but not limited to the nature of the separation, notwithstanding the way the parties characterize those issues.

      (2) An individual shall be disqualified from the receipt of benefits until the individual has performed service in employment, as defined in ORS 657.030 (2), in this state or in employment, as defined by a law equivalent to ORS 657.030 (2), in any other state or Canada or as an employee of the federal government, for which remuneration is received that equals or exceeds four times the individual’s weekly benefit amount subsequent to the week in which the act causing the disqualification occurred, if the authorized representative designated by the director finds that the individual:

      (a) Has been discharged for misconduct connected with work;

      (b) Has been suspended from work for misconduct connected with work;

      (c) Voluntarily left work without good cause;

      (d) Failed without good cause to apply for available suitable work when referred by the employment office or the director;

      (e) Failed without good cause to accept suitable work when offered;

      (f) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as a result of the unlawful use of any drug unless the person was participating in a recognized drug rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the Employment Department documentation of program participation. As used in this paragraph, “unlawful use” does not include the use of a drug taken under the supervision of a licensed health care professional and in accordance with the prescribed directions for consumption, or other uses authorized by the laws of this state;

      (g) Has been discharged or suspended for being absent or tardy in reporting to work and the absence or tardiness occurred as the result of the use of alcohol on a second or any subsequent occasion within a period of 12 months unless the person was participating in a recognized alcohol rehabilitation program at the time of the absence or tardiness, or is so participating within 10 days after the date of the discharge or suspension, and the person provides to the department documentation of program participation; or

      (h) Has committed a disqualifying act described in subsection (9) or (10) of this section.

      (3) If the authorized representative designated by the director finds that an individual was discharged for misconduct because of the individual’s commission of a felony or theft in connection with the individual’s work, all benefit rights based on wages earned prior to the date of the discharge shall be canceled if the individual’s employer notifies the director of the discharge within 10 days following issuance of the notice provided for in ORS 657.265 or 30 days following issuance of the notice provided for in ORS 657.266, and:

      (a) The individual has admitted commission of the felony or theft to an authorized representative of the director;

      (b) The individual has signed a written admission of the felony or theft and the written admission has been presented to an authorized representative of the director; or

      (c) The felony or theft has resulted in a conviction by a court of competent jurisdiction.

      (4) An individual disqualified under subsection (2) of this section shall have the individual’s maximum benefit amount reduced by eight times the individual’s weekly benefit amount. However, in no event shall the individual’s maximum benefit amount be reduced to less than the individual’s weekly benefit amount unless the individual has previously received benefits during the individual’s benefit year.

      (5) An individual may not be disqualified from receiving benefits under subsection (2)(c) or (e) of this section or under ORS 657.200 if the individual ceases work or fails to accept work when a collective bargaining agreement between the individual’s bargaining unit and the individual’s employer is in effect and the employer unilaterally modifies the amount of wages payable under the agreement, in breach of the agreement.

      (6) For purposes of applying subsection (2) of this section, when an individual has notified an employer that the individual will leave work on a specific date and it is determined that:

      (a) The separation would be for reasons that constitute good cause;

      (b) The individual voluntarily left work without good cause prior to the date of the impending good cause voluntary leaving date; and

      (c) The actual voluntary leaving of work occurred no more than 15 days prior to the planned date of voluntary leaving,

 

then the separation from work shall be adjudicated as if the actual voluntary leaving had not occurred and the planned voluntary leaving had occurred. However, the individual shall be ineligible for benefits for the period including the week in which the actual voluntary leaving occurred through the week prior to the week of the planned good cause voluntary leaving date.

      (7) For purposes of applying subsection (2) of this section, when an employer has notified an individual that the individual will be discharged on a specific date and it is determined that:

      (a) The discharge would not be for reasons that constitute misconduct connected with the work;

      (b) The individual voluntarily left work without good cause prior to the date of the impending discharge; and

      (c) The voluntary leaving of work occurred no more than 15 days prior to the date of the impending discharge,

 

then the separation from work shall be adjudicated as if the voluntary leaving had not occurred and the discharge had occurred. However, the individual shall be ineligible for benefits for the period including the week in which the voluntary leaving occurred through the week prior to the week in which the individual would have been discharged.

      (8) For purposes of applying subsection (2) of this section, when an individual has notified an employer that the individual will leave work on a specific date and it is determined that:

      (a) The voluntary leaving would be for reasons that do not constitute good cause;

      (b) The employer discharged the individual, but not for misconduct connected with work, prior to the date of the planned voluntary leaving; and

      (c) The actual discharge occurred no more than 15 days prior to the planned voluntary leaving,

 

then the separation from work shall be adjudicated as if the discharge had not occurred and the planned voluntary leaving had occurred. However, the individual shall be eligible for benefits for the period including the week in which the actual discharge occurred through the week prior to the week of the planned voluntary leaving date.

      (9)(a) For the purposes of subsection (2) of this section, an individual is considered to have committed a disqualifying act when the individual:

      (A) Fails to comply with the terms and conditions of a reasonable written policy established by the employer or through collective bargaining, which may include blanket, random, periodic and probable cause testing, that governs the use, sale, possession or effects of drugs or alcohol in the workplace;

      (B) Fails or refuses to take a drug or alcohol test as required by the employer’s reasonable written policy;

      (C) Refuses to cooperate with or subverts or attempts to subvert a drug or alcohol testing process in any employment-related test required by the employer’s reasonable written policy, including but not limited to:

      (i) Refusal or failure to complete proper documentation that authorizes the test;

      (ii) Refusal or failure to sign a chain of custody form;

      (iii) Presentation of false identification;

      (iv) Placement of an adulterant in the individual’s specimen for testing, when the adulterant is identified by a testing facility; or

      (v) Interference with the accuracy of the test results by conduct that includes dilution or adulteration of a test specimen;

      (D) Is under the influence of intoxicants while performing services for the employer;

      (E) Possesses a drug unlawfully or in violation of the employer’s reasonable written policy during work;

      (F) Tests positive for alcohol or an unlawful drug in connection with employment; or

      (G) Refuses to enter into or violates the terms of a last chance agreement with the employer.

      (b)(A) Except as provided in subparagraph (B) of this paragraph, an individual is not considered to have committed a disqualifying act under this subsection if the individual, on the date of separation or within 10 days after the date of separation, is participating in a recognized drug or alcohol rehabilitation program and provides documentation of participation in the program to the department.

      (B) This paragraph does not apply to an individual who has refused to enter into or has violated the terms of a last chance agreement with the employer.

      (c) It is no defense or excuse under this section that the individual’s separation resulted from alcohol use, marijuana use, unlawful drug use, alcoholism or drug addiction.

      (d) The department shall adopt rules to carry out the provisions of this subsection.

      (10) For the purposes of subsection (2) of this section, an individual is considered to have committed a disqualifying act when the individual voluntarily leaves work, fails to apply for available suitable work when referred by the employment office or the director or fails to accept suitable work when offered:

      (a) Because the employer has or introduces a reasonable written drug-free workplace policy that is consistent with subsection (9)(a)(A) of this section;

      (b) Because the employer requires the employee to consent to present or future drug or alcohol tests under a reasonable written policy that is consistent with subsection (9)(a)(A) of this section;

      (c) To avoid taking a drug or alcohol test under a reasonable written policy that is consistent with subsection (9)(a)(A) of this section; or

      (d) To avoid meeting the requirements of a last chance agreement.

      (11) An individual may not be disqualified from receiving benefits under subsection (2)(c) of this section and shall be deemed laid off if the individual:

      (a) Works under a collective bargaining agreement;

      (b) Elects to be laid off when the employer has decided to lay off employees; and

      (c) Is placed on the referral list under the collective bargaining agreement.

      (12) An individual may not be disqualified from receiving benefits under subsection (2)(c), (d) or (e) of this section or be considered unavailable for purposes of ORS 657.155 if:

      (a) The individual is a victim, or is the parent or guardian of a minor child who is a victim, of domestic violence, stalking or sexual assault;

      (b) The individual leaves work, fails to apply for available suitable work or fails to accept suitable work when offered to protect the individual or the minor child from further domestic violence, stalking or sexual assault that the individual reasonably believes will occur at the workplace or elsewhere; and

      (c) The individual pursues reasonable available alternatives to leaving work, failing to apply for available suitable work or failing to accept suitable work when offered.

      (13) For purposes of this section:

      (a) “Adulterant” means a substance that does not occur naturally in urine, or that occurs naturally in urine but not at the concentrations detected. “Adulterant” includes but is not limited to glutaraldehyde, nitrite concentrations above physiological levels, hypochlorite or soap.

      (b) “Drug” means a controlled substance as defined in ORS 475.005.

      (c) “Last chance agreement” means a reasonable agreement:

      (A) Between an employer and an employee who has violated the employer’s reasonable written policy, has engaged in drug or alcohol use connected with work or has admitted to alcohol abuse, marijuana use or unlawful drug use; and

      (B) That permits the employee to return to work under conditions that may require the employee to:

      (i) Abstain from alcohol use, marijuana use and unlawful drug use; and

      (ii) Attend and comply with the requirements of a rehabilitation or education program acceptable to the employer.

      (d) An individual is “under the influence of intoxicants” when the level of alcohol, marijuana or unlawful drugs present in the individual’s body exceeds the amount prescribed in a collective bargaining agreement, or the amount prescribed in the employer’s reasonable written policy if there is no applicable collective bargaining agreement provision. [1955 c.655 §9 (enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699 §2; 1959 c.643 §2; 1973 c.398 §2; 1977 c.295 §4; 1979 c.267 §2; 1981 c.5 §2; 1981 c.751 §2; 1982 s.s.1 c.2 §6; 1983 c.190 §1; 1983 c.409 §1; 1983 c.508 §6; 1993 c.778 §12; 1995 c.105 §6; 1995 c.178 §1; 1997 c.249 §201; 1997 c.740 §1; 1999 c.256 §1; 1999 c.1067 §1; 2001 c.144 §1; 2003 c.792 §2; 2005 c.278 §1; 2007 c.324 §1]

 

      657.178 [1959 c.643 §4; repealed by 1973 c.398 §3]

 

      657.179 Eligibility of individuals participating in certain federally approved training. (1) Notwithstanding provisions of this chapter relating to being available for work, actively seeking work or refusing to accept work, an unemployed individual otherwise eligible for unemployment insurance benefits shall not be denied benefits because the individual is in training approved under Section 236 (a)(1) of the Trade Act of 1974; nor shall such individual be denied benefits by reason of leaving work to enter such training if the work left is not suitable work.

      (2) As used in this section “suitable work” means work of a substantially equal or higher skill level than the individual’s past adversely affected employment (as defined for purposes of the Trade Act of 1974). Such work must pay wages which equal or exceed 80 percent of the individual’s average weekly wage as determined for the purposes of the Trade Act of 1974. [1982 s.s.1 c.30 §7]

 

      657.180 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

 

      657.181 [1955 c.655 §10 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185); 1957 c.699 §3; repealed by 1959 c.643 §5]

 

      657.182 [1961 c.207 §1; 1971 c.743 §404; repealed by 1973 c.398 §3]

 

      657.184 Benefits payable for service by aliens. Benefits shall not be paid on the basis of services performed by an alien unless such alien is an individual who was lawfully admitted to the United States for permanent residence at the time such services were performed, was lawfully present for purposes of performing such services, or was permanently residing in the United States under color of law at the time such services were performed, including an alien who was lawfully present in the United States as a result of the application of the provisions of section 212(d)(5) of the Immigration and Nationality Act. [1977 c.241 §5; 1987 c.124 §1; 1991 c.685 §9]

 

      657.185 [Repealed by 1955 c.655 §8 (657.176 and 657.181 enacted in lieu of 657.175, 657.180 and 657.185)]

 

      657.186 Benefits payable for service by athletes. Benefits shall not be paid to any individual on the basis of any services, substantially all of which consist of participating in sports or athletic events or training or preparing to so participate, for any week of unemployment which commences during the period between two successive sport seasons if the individual performed such services in the first season and there is reasonable assurance that the individual will perform such services in the subsequent season. [1977 c.241 §6]

 

      657.190 Suitable work; factors to consider. (1) In determining whether any work is suitable for an individual, the Director of the Employment Department shall consider, among other factors, the degree of risk involved to the health, safety and morals of the individual, the physical fitness and prior training, experience and prior earnings of the individual, the length of unemployment and prospects for securing local work in the customary occupation of the individual and the distance of the available work from the residence of the individual.

      (2) Notwithstanding subsection (1) of this section, the director may refer claimants to JOBS Plus Program jobs for which the claimant does not have adequate skills or experience when the JOBS Plus Program job is likely to result in an upgrade in the claimant’s skills and experience. [Amended by 2001 c.657 §2]

 

      657.195 Suitable work; exceptions. (1) Notwithstanding any other provisions of this chapter, no work is deemed suitable and benefits shall not be denied under this chapter to any otherwise eligible individual for refusing to accept new work under any of the following conditions:

      (a) If the position offered is vacant due directly to a strike, lockout or other labor dispute.

      (b) If the remuneration, hours or other conditions of the work offered are substantially less favorable to the individual than those prevailing for similar work in the locality.

      (c) If as a condition of being employed the individual would be required to join a company union or to resign from or refrain from joining any bona fide labor organization.

      (2) On and after November 8, 1938, and for the purposes of this chapter only, this section shall have the same meaning as the provisions of section 3304(a)(5) of the Internal Revenue Code. [Amended by 1973 c.300 §5; 2007 c.614 §19]

 

      657.200 Labor dispute disqualification; exceptions. (1) An individual is disqualified for benefits for any week with respect to which the Director of the Employment Department finds that the unemployment of the individual is due to a labor dispute that is in active progress at the factory, establishment or other premises at which the individual is or was last employed or at which the individual claims employment rights by union agreement or otherwise.

      (2) When an employer operates two or more premises in the conduct of business they shall be considered one premises for the purposes of this chapter if the labor dispute at one makes it impossible or impractical to conduct work at the others or in a normal manner.

      (3) This section does not apply if it is shown to the satisfaction of the director that the individual:

      (a) Is unemployed due to a lockout, as defined in ORS 662.205, at the factory, establishment or other premises at which the individual was last employed; or

      (b)(A) Is not participating in or financing or directly interested in the labor dispute that caused the unemployment of the individual; and

      (B) Does not belong to a grade or class of workers of which, immediately before the commencement of the labor dispute, there were members employed at the premises at which the labor dispute occurs, any of whom are participating in or financing or directly interested in the dispute.

      (4) An individual who meets all other applicable benefit eligibility requirements of this chapter is not disqualified from receipt of benefits by this section if:

      (a) The individual was laid off from the employer prior to commencement of the labor dispute, did not work for the employer more than seven days during the 21 calendar days immediately prior to the commencement of the labor dispute and meets the requirements of subsection (3)(b)(A) of this section; or

      (b) During the labor dispute, the individual’s job or position is filled by the employer hiring a permanent replacement and the following conditions are met:

      (A) The individual subsequently unilaterally abandons the labor dispute and affirmatively seeks reemployment with the employer; and

      (B) The individual meets the requirements of subsection (3)(b)(A) of this section.

      (5) An individual who maintains membership in a labor union or who continues to pay labor union dues does not violate the provisions of subsection (3)(b)(A) of this section, for the purpose of subsection (4) of this section. [Amended by 1985 c.133 §1; 1989 c.1095 §1; 2007 c.600 §1]

 

      657.205 Deduction of retirement pay; exceptions. (1) Subject to the provisions of subsections (2) to (5) of this section, an individual is disqualified for benefits for any week with respect to which the individual is receiving, will receive, or has received a governmental or other pension, retirement or retired pay, annuity, or other similar periodic payment based on the previous work of the individual, if payment is received under a plan maintained or contributed to by a base year employer of the individual.

      (2) In determining disqualification for any week under subsection (1) of this section, if the remuneration and payments referred to in subsection (1) of this section cover a period greater than and include such week, a pro rata share of such remuneration and payments shall be apportioned to such week or weeks. Except as provided in subsection (3) of this section, such payments made in a lump sum upon separation or in weekly or other installments shall be considered as payments with respect to weeks following separation without regard to the existence or lack thereof of an employee-employer relationship during the weeks such pay is allocated pursuant to rules of the Director of the Employment Department.

      (3) An individual is not disqualified for benefits and the director may not reduce benefits under this section to an individual who:

      (a) If otherwise eligible, is entitled to benefits for any week;

      (b) Is a dislocated worker who has been terminated as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise; and

      (c) Elects to receive a payment referred to in subsection (1) of this section in a lump sum.

      (4) If payments referred to in subsection (1) of this section are being received by an individual under the federal Social Security Act, the director shall take into account the individual’s contribution and make no reduction in the weekly benefit amount.

      (5) If under this section the remuneration and payments, or the pro rata share thereof, in any week are less than the benefits which would otherwise be due under this chapter for such week, such individual is entitled to receive for such week, if otherwise eligible, benefits reduced by the amount of such remuneration and payments. [Amended by 1955 c.655 §13; 1957 c.699 §4; 1963 c.468 §1; 1969 c.569 §2; 1973 c.380 §1; 1975 c.661 §1; 1977 c.294 §3; 1979 c.185 §1; 1981 c.62 §1; 1983 c.157 §1; 1985 c.432 §1; 1987 c.270 §1; 2001 c.663 §1]

 

      657.210 Disqualification in other jurisdictions. An individual is disqualified for benefits for any week with respect to which or a part of which the individual has received, will receive or is claiming unemployment benefits under an unemployment insurance law of another state, the United States or any other governmental jurisdiction. However, if the appropriate agency of such other state, the United States or any other governmental jurisdiction finally determines that the individual is not entitled to such unemployment benefits, this disqualification shall not apply. [Amended by 1979 c.267 §3]

 

      657.213 Ineligibility for benefits upon conviction of fraud in obtaining benefits. (1) Upon conviction of any person by a court of competent jurisdiction of willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter, in addition to any penalties imposed by the court, such person shall:

      (a) Be ineligible for benefits based upon wages paid to the person in the calendar quarter in which the person was convicted and in all prior calendar quarters; and

      (b) Be ineligible for benefits after such conviction until the person has reimbursed the fund for the full amount received as a result of the false statement or misrepresentations or of the failure to report a material fact.

      (2) The provisions of this section are in addition and supplemental to the provisions of ORS 657.215 and 657.310. [1955 c.655 §12; 1973 c.300 §6]

 

      657.215 Disqualification for misrepresentation. An individual is disqualified for benefits for a period not to exceed 52 weeks whenever the Director of the Employment Department finds that the individual has willfully made a false statement or misrepresentation, or willfully failed to report a material fact, to obtain any benefits under this chapter. The length of the period of disqualification and the time when the period begins shall be determined by the director in the discretion of the director, according to the circumstances in each case. During each week of disqualification so imposed, an individual must meet all the eligibility requirements of this chapter. Any disqualification imposed under this section may be applied to any week claimed but remaining unpaid on the date of the disqualifying decision under this section but not to exceed five years from the date of the decision. The director may cancel the disqualification wholly or in part as the director deems proper and equitable. [Amended by 1977 c.295 §5; 2007 c.87 §1]

 

      657.220 [Repealed by 1955 c.655 §25]

 

      657.221 Ineligibility for benefits of certain educational institution personnel. (1) Benefits based on services performed in other than an instructional, research or principal administrative capacity for an educational institution or institution of higher education shall be payable to an individual in the same amount, on the same terms and subject to the same conditions as benefits payable on the basis of other service subject to this chapter. However:

      (a) Benefits shall not be paid on the basis of such services for any week of unemployment that commences during a period between two successive academic years or terms if the individual performs such services in the first academic year or term and there is a reasonable assurance that the individual will perform any such services in the second academic year or term for any institution; except that

      (b) If benefits are denied to an individual for any week under paragraph (a) of this subsection and such individual was not offered an opportunity to perform such services for the institution for the second of such academic years or terms, such individual shall be entitled, if otherwise eligible, to payment of benefits for each week for which the individual filed a timely claim for benefits and for which benefits were denied solely by reason of paragraph (a) of this subsection.

      (2) With respect to the application of this section, the following shall apply:

      (a) An employee who terminates an employee-employer relationship by electing not to accept an offer of work for a subsequent academic year or term, other than by reason of labor negotiations or a labor dispute in progress, shall be deemed to have voluntarily left work. The effective date of such leaving shall be the date the individual notifies the institution of the election not to accept the offer of work for the subsequent period, except that if such individual continues to work under the terms of a previously existing contract or agreement, the effective date of leaving shall be the last day worked for the institution.

      (b) In the event the institution does not extend to the individual an offer of work or provide a reasonable assurance the individual is expected to return to work for the institution following the period between the academic years or terms, the separation from work shall be considered an involuntary leaving or layoff.

      (3) With respect to any services described in subsection (1) of this section, compensation payable on the basis of such services shall be denied to any individual for any week that commences during an established and customary vacation period or holiday recess if such individual performs such services in the period immediately before such vacation period or holiday recess, and there is reasonable assurance that such individual will perform such services or any services described in ORS 657.167 (1) in the period immediately following such vacation period or holiday recess.

      (4) With respect to any services described in subsection (1) of this section, benefits based on such services shall be denied as specified in subsections (1) and (3) of this section to any individual who performed such services in an institution while in the employ of an education service district established by ORS chapter 334, providing 50 percent or more of the individual’s time is in the performance of services in such institution.

      (5) The provisions of subsections (1), (3) and (4) of this section shall only apply to service performed for an educational institution or institution of higher education operated by:

      (a) A nonprofit employing unit;

      (b) This state;

      (c) A political subdivision; or

      (d) An Indian tribe. [1973 c.715 §6; 1975 c.284 §2; 1977 c.241 §3; 1981 c.60 §2; 1983 c.343 §1; 1983 c.528 §3; 1983 c.538 §1; 1985 c.226 §3; 1985 c.748 §2; 2001 c.572 §9; 2005 c.218 §13]

 

      657.222 Notice to educational institution personnel of change in law on benefit eligibility. The Employment Department shall give notice of the potential impact of the amendments to ORS 657.221 (1) made by section 3, chapter 528, Oregon Laws 1983, to those individuals who may be affected thereby. The notice shall include a statement that the amendments to ORS 657.221 (1) made by section 3, chapter 528, Oregon Laws 1983, are required for the provisions of this chapter to remain in conformity with applicable federal law. [1983 c.528 §8]

 

      657.225 [Repealed by 1955 c.655 §25]

 

      657.230 [Repealed by 1955 c.655 §25]

 

      657.235 [Repealed by 1955 c.655 §25]

 

      657.240 [Repealed by 1955 c.655 §25]

 

      657.245 [Repealed by 1955 c.655 §25]

 

      657.250 [Repealed by 1957 c.699 §12]

 

      657.255 Method of payment of benefits; payment of benefits due deceased person; rules. (1) Benefits shall be payable from the fund and shall be paid through employment offices, in accordance with such regulations as the Director of the Employment Department may prescribe.

      (2) In the event of the death of any person to whom benefits are due under this chapter, but which benefits remain unpaid in whole or in part, such benefits may be paid to any person or persons designated by the director in the following order:

      (a) Surviving spouse.

      (b) Surviving children, including adopted children.

      (c) Mother or father of the deceased.

 

      657.260 Filing claims for benefits; employer to post statements concerning claim regulations; rules. (1) Claims for benefits shall be filed in accordance with such regulations as the Director of the Employment Department may prescribe.

      (2) Each employer shall post and maintain printed statements concerning such regulations or such other matters as the director may by regulation prescribe in places readily accessible to individuals in the employer’s service and shall make available to each such individual copies of printed statements or materials relating to claims for benefits as the director may by regulation prescribe. The printed statement shall include notice to the workers in plain language of the potential disqualification from receipt of benefits for voluntarily leaving work or being discharged. Such printed statements shall be supplied by the director to each employer without cost to the employer.

      (3) The director shall make available to claimants, a printed statement that it is an unlawful employment practice for an employer to discharge, demote, suspend or in any manner discriminate or retaliate against an employee with regard to promotion, compensation or other terms, conditions or privileges of employment for the reason that the employee has testified at an unemployment compensation hearing or other hearing conducted pursuant to this chapter.

      (4) Every person making a claim shall certify that the person has not, during the week with respect to which benefits are claimed, received or earned wages or compensation for any employment, whether subject to this chapter or not, otherwise than as specified in the claim. [Amended by 1973 c.300 §7; 1983 c.409 §2; 1985 c.404 §4]

 

      657.265 Notice of claim filing to employing units. When a claimant files an initial claim or an additional claim, the Employment Department promptly shall give written notice of the claim filing to the claimant’s most recent employing unit. If the claimant did not receive or will not receive remuneration in an amount greater than or equal to four times the claimant’s weekly benefit amount from the claimant’s most recent employing unit, the Employment Department shall notify the claimant’s next previous employing unit or units until the Employment Department has notified those of the claimant’s former employing units which, in the aggregate, have paid or will pay the claimant remuneration in an amount which is equal to or exceeds four times the claimant’s weekly benefit amount. [Amended by 1961 c.252 §3; 1965 c.210 §1; 1967 c.435 §3; 1969 c.597 §177; 1971 c.77 §1; 1975 c.257 §6; 1977 c.295 §6; 1981 c.77 §11; 1981 c.751 §3; 1983 c.395 §1; 1983 c.508 §7; 1983 c.522 §1; 1993 c.778 §4]

 

      657.266 Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested. (1) An authorized representative shall promptly examine each new claim for benefits and, on the basis of information available, determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits and, if so, the weekly benefit amount payable to the claimant, the maximum amount payable with respect to such benefit year and the maximum duration thereof. The initial determination under this section shall be applicable to all weeks of the benefit year respecting which the claim was filed; however, such determination may be amended with respect to any week or weeks of the benefit year.

      (2) The Director of the Employment Department shall promptly give notice of an initial determination under this section to the claimant and to any employers that have paid wages to the claimant during the base year. Initial notice to a base-year employer shall include notice of the potential charges to the employer’s account under ORS 657.471.

      (3) The director shall promptly give notice of an amended determination under this section to the claimant and to all employers that have paid wages to the claimant during the base year and that are affected by the amended determination.

      (4) An initial or amended determination may be canceled by the claimant at any time even though final, providing no disqualification has been assessed, no appeal of a disqualification or denial has been requested by the claimant nor benefits paid on such claim.

      (5) Unless the claimant or a base-year employer files a request for hearing on the initial or amended determination with the director, the determination shall become final and the Employment Department shall pay or deny benefits in accordance with the determination, unless otherwise provided by law. The request for hearing must be filed not later than 10 days after the delivery of the initial or amended determination unless the Employment Department mails the determination, in which case the request for hearing must be filed not later than 10 days after the date the determination is mailed to the last-known address of the claimant and the base-year employer. [1993 c.778 §6; 2001 c.101 §1]

 

      657.267 Allowing or denying claim; notice of denial; amended decision; appeal. (1) An authorized representative shall promptly examine each claim for waiting week credit or for benefits and, on the basis of the facts available, make a decision to allow or deny the claim. Information furnished by the claimant, the employer or the employer’s agents on forms provided by the Employment Department pursuant to the authorized representative’s examination shall be accompanied by a signed statement that such information is true and correct to the best of the individual’s knowledge. Notice of the decision need not be given to the claimant if the claim is allowed but, if the claim is denied, written notice shall be given to the claimant. If the claim is denied, the written notice shall include a statement of the reasons for denial, and if the claim is denied under any provision of ORS 657.176, the notice also shall set forth the specific material facts obtained from the employer and used by the authorized representative to support the reasons of the denial. The written notice shall state the reasons for the decision.

      (2) If the claim is denied under any provision of ORS 657.176, written notice of such decision shall be given to the employing unit which, in the opinion of the Director of the Employment Department, is most directly involved with the facts and circumstances relating to the disqualification.

      (3) Notice of a decision that was wholly or partially based on information filed with the director in writing within 10 days after the notice provided for in ORS 657.265 shall be given to any employing unit that has so filed such information.

      (4) If a decision to allow payment made pursuant to this section does not require notice, that decision may be amended by an authorized representative. The amendment shall be made by written notice which provides for a right of appeal pursuant to ORS 657.269. The amendment must be issued within one year of the original decision to allow payment, except in cases of alleged willful misrepresentation or fraud. A decision requiring notice, made pursuant to this section, may be amended unless it has become a final decision under ORS 657.269. [1993 c.778 §7; 1997 c.59 §1]

 

      657.268 Filing information on issues not previously decided; claim reexamination; notice of reasons for decision. When a base-year employer files information in writing with the Director of the Employment Department within 10 days of its knowledge of an occurrence raising any issue not previously decided based upon specific investigation, an authorized representative shall promptly reexamine the subject claim for waiting week credit or for benefits. On the basis of the facts available, the authorized representative shall promptly make a decision. Written notice stating the reasons for the decision shall be given to both the claimant and the base-year employer that has filed such information. [1993 c.778 §8]

 

      657.269 Decision becomes final without request for hearing. Unless the claimant or one of the employing units entitled to notice under ORS 657.267 or 657.268 within 20 days after delivery of such notice or, if mailed, within 20 days after the same was mailed to the party’s last-known address, files with the Director of the Employment Department a request for hearing upon the decision, it shall be final and benefits shall be paid or denied in accordance therewith, unless otherwise provided by law. If the decision is to allow benefits, the director shall pay such benefits regardless of any pending hearing on the claim. [1993 c.778 §9]

 

      657.270 Hearing; application for review; dismissal of request for hearing. (1) When a request for hearing upon the claim has been filed, as provided in ORS 657.266 to 657.269, an administrative law judge from the Office of Administrative Hearings established under ORS 183.605 shall be assigned to conduct such hearing. The Director of the Employment Department shall notify the parties, in plain language, of their right, upon their request, to receive by mail copies of all documents and records in the possession of the Employment Department relevant to the decision of the authorized representative, including any statements of the claimant, employer or employer’s agents.

      (2) When the hearing is conducted by telephone, the director shall mail all parties copies of all documents and records in the possession of the director that will be introduced at the hearing as exhibits, including any statements of the claimant, employer or employer’s agents, and all jurisdictional documents, at least seven days prior to the hearing. A party may request that the hearing be continued in order to receive copies of and respond to documentary evidence introduced at the hearing and not mailed to the party prior to the hearing.

      (3) After the administrative law judge has given all parties reasonable opportunity for a fair hearing, the administrative law judge shall promptly affirm, modify or set aside the decision of the authorized representative with respect to the claim. The administrative law judge promptly shall notify all parties entitled to notice of the decision of the authorized representative, as set forth in ORS 657.266 to 657.269, of the administrative law judge’s decision, including a dismissal of the request for hearing as provided in subsection (6) of this section, and reasons therefor. The administrative law judge may address issues raised by evidence in the record, including but not limited to the nature of the separation, notwithstanding the scope of the issues raised by the parties or the arguments in a party’s request for hearing.

      (4) Except as provided in subsection (6) of this section, unless the director or any other party to the hearing, within 20 days after the delivery of such notification, or if mailed, within 20 days after the same was mailed to the party’s last-known address, files with the Employment Appeals Board an application for review, such decision shall be final.

      (5) When the claimant or the employer is unrepresented at the hearing, the administrative law judge shall explain the issues involved in the hearing and the matters that the unrepresented claimant or the employer must either prove or disprove. The administrative law judge shall ensure that the record developed at the hearing shows a full and fair inquiry into the facts necessary for consideration of all issues properly before the administrative law judge in the case. As used in this section, a claimant or employer is “unrepresented” if not represented by an attorney, paralegal worker, legal assistant, union representative or person otherwise qualified by experience or training.

      (6)(a) The administrative law judge may dismiss a request for hearing under subsection (1) of this section when:

      (A) The request for hearing is withdrawn by the requesting party;

      (B) In response to a request by the administrative law judge or the administrative law judge’s designee, the requesting party fails to provide, in a timely manner, the information necessary to allow the matter to be scheduled for hearing;

      (C) The requesting party fails to appear at the time of the hearing;

      (D) The issues are resolved by cancellation or amendment of the decision that is the subject of the hearing request;

      (E) The requesting party fails to file the request for hearing within the time allowed by statute or rule and fails to show good cause for the delay;

      (F) The request for hearing is filed prior to the date of the written decision or written determination that is the subject of the request; or

      (G) The request for hearing is made by a person who is not entitled to a hearing or is not the authorized representative of a party who is entitled to a hearing.

      (b) A dismissal by the administrative law judge under this subsection is final unless the party whose request for hearing has been dismissed files, within 20 days after the dismissal notice was mailed to the party’s last-known address, an application for review as provided under this chapter.

      (c) Notwithstanding paragraph (b) of this subsection, a requesting party whose request has been dismissed because that party failed to appear as provided in paragraph (a)(C) of this subsection may file a request to reopen the hearing. [Amended by 1965 c.210 §2; 1969 c.597 §178; 1973 c.300 §8; 1981 c.77 §12; 1983 c.395 §2; 1985 c.404 §1; 1993 c.778 §13; 1999 c.849 §122; 1999 c.1067 §§3,5; 2003 c.75 §49; 2003 c.197 §5]

 

      657.273 Restriction on use of findings, orders and judgments in other proceedings. Notwithstanding ORS 43.130 and 43.160, the decisions, findings, conclusions, final orders and judgments that arise out of hearings under ORS 657.270, review proceedings under ORS 657.275 and judicial review proceedings under ORS 657.282:

      (1) May not be used for the purpose of claim preclusion or issue preclusion in any other action or proceeding except an administrative or civil action or proceeding under this chapter; and

      (2) Are not admissible as evidence in any other civil action or proceeding other than civil actions or proceedings under this chapter or in determination of eligibility for public assistance or food stamp benefits under ORS 412.001 to 412.161 and 412.991 and ORS chapters 411 and 418. [1995 c.105 §3; 1997 c.581 §42]

 

      Note: 657.273 was added to and made a part of ORS chapter 657 by legislative action but was not added to any smaller series therein. See Preface to Oregon Revised Statutes for further explanation.

 

      657.275 Review by Employment Appeals Board. (1) If the Director of the Employment Department or any interested party files with the Employment Appeals Board a timely application for review, the board shall promptly affirm, modify or set aside the decision of the administrative law judge. The board shall promptly notify the claimant and any other interested party of its decision. If the board finds that additional evidence is required to reach a decision, it may remand the matter to the administrative law judge to conduct a hearing to obtain additional evidence in the matter. The board shall promptly notify the claimant and any other interested party of such action. The administrative law judge may either make a new decision based on the additional and original evidence or forward the additional evidence to the board for a decision. If the administrative law judge issues a new decision, it shall be subject to review in accordance with the provisions of ORS 657.270 (4).

      (2) The board shall perform de novo review on the record. The board may address issues raised by evidence in the record, including but not limited to the nature of a separation, notwithstanding the scope of the issues raised by the parties, the arguments set forth in a party’s application for review or the parties’ written or oral arguments. The board may enter its own findings and conclusions or may adopt the findings and conclusions of the administrative law judge, or any part thereof. When there is evidence in the record both to make more probable and less probable the existence of any basic fact or inference, the board need not explain its decision to believe or rely on such evidence unless the administrative law judge has made an explicit credibility determination regarding the source of such facts or evidence. The board is not required to give any weight to implied credibility findings. The decision of the board shall become the final order unless a petition for judicial review is filed in accordance with ORS 657.282. [Amended by 1959 c.583 §18; 1965 c.210 §3; 1983 c.522 §2; 1985 c.404 §2; 1991 c.328 §1; 1993 c.344 §23; 1999 c.849 §125; 1999 c.1067 §7; 2003 c.75 §101]

 

      657.280 General procedure and records concerning disputed claims. (1) The manner in which disputed claims shall be presented and the reports thereon required from the claimant and from the employers shall be in accordance with the regulations prescribed by the Director of the Employment Department.

      (2) A full and complete record shall be kept of all proceedings in connection with the disputed claim. All testimony at any hearing upon a disputed claim shall be recorded but need not be transcribed unless the disputed claim is appealed further. [Amended by 1983 c.522 §3; 1999 c.849 §§127,128; 2003 c.75 §50]

 

      657.282 Judicial review of decisions under ORS 657.275. Judicial review of decisions under ORS 657.275 shall be as provided for review of orders in contested cases in ORS chapter 183, except that the petition shall be filed within 30 days after the order is served. The Director of the Employment Department may file petition for judicial review in accordance with this section from decisions of the Employment Appeals Board. [1971 c.734 §94; 1983 c.522 §4]

 

      657.285 [Amended by 1959 c.583 §19; repealed by 1971 c.734 §21]

 

      657.290 Continuous jurisdiction of director; reconsideration of previous decisions. (1) The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of:

      (a) Errors of computation;

      (b) Clerical errors;

      (c) Misinformation provided a party by the Employment Department;

      (d) Facts not previously known to the department; or

      (e) Errors caused by misapplication of law by the department.

      (2) Such reconsideration shall be accomplished by the director or any employee the director may designate for the purpose, in accordance with such regulations as the director may prescribe, and may include the making of a new decision which, if made, shall award, deny, terminate, continue, increase or decrease benefits to the extent found necessary and appropriate for the correction of previous error respecting such benefits. However, any such new decision shall be subject to hearing, review and appeal in accordance with ORS 657.265, 657.266 to 657.269 and 657.270 to 657.282.

      (3) The Employment Appeals Board upon its own motion or upon application of any party in interest may in its discretion at any time after the same was made and irrespective of whether it has become final under this chapter, reconsider any previous decision of the Employment Appeals Board. Such reconsideration shall be accomplished by the Employment Appeals Board or special referee designated for the purpose and may include the making of a new decision to the extent necessary and appropriate for the correction of previous error of fact or law. Such new decision shall be subject to judicial review in accordance with ORS 657.282. [Amended by 1959 c.583 §20; 1961 c.252 §4; 1965 c.210 §4; 1975 c.257 §7; 1983 c.522 §5; 1985 c.565 §88; 1993 c.778 §10]

 

      657.295 Witness fees; disputed claim expenses; counsel; fees. (1) Witnesses other than parties subpoenaed pursuant to ORS 657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall be allowed fees at a rate fixed by the Director of the Employment Department. Such fees and all expenses of proceedings before the director or the Employment Appeals Board involving disputed claims, excepting charge for services rendered by counsel or other agent representing the claimant, employer or other interested person, are deemed a part of the expense of administering this chapter, and no individual claiming benefits shall be charged fees of any kind in any proceedings under this chapter by the director or representatives of the director.

      (2) Notwithstanding any other law, a person in any proceeding before the director or Employment Appeals Board may be represented by counsel or other agent authorized by such person. No such counsel or agent representing an individual who is claiming benefits shall charge or receive for such services more than an amount approved by the director. As used in this subsection, “person” has the meaning defined in ORS 174.100 and also includes this state and all political subdivisions therein. [Amended by 1959 c.583 §21; 1969 c.161 §1; 1983 c.147 §1; 1993 c.778 §14]

 

      657.300 False statements or failure to report material fact by employer. No employer or employer’s agent shall intentionally and willfully make or cause to be made false statements or willfully fail to report a material fact regarding the claim of a claimant or regarding a claimant or claimant’s eligibility for benefits under this chapter. [Amended by 1983 c.395 §3; 1985 c.748 §3]

 

      657.305 [Amended by 1955 c.655 §16; repealed by 1971 c.743 §432]

 

      657.306 Combining decision on claim for benefits with decision on recovery of benefits. The Director of the Employment Department or an authorized representative designated by the director may combine a decision under ORS 657.266, 657.267 or 657.268 with a decision under ORS 657.310 or 657.315. [2005 c.182 §2]

 

      657.310 Recovery or deduction of benefits paid because of misrepresentation by recipient; penalty. (1) If the Director of the Employment Department decides that an individual received any benefits under this chapter to which the individual is not entitled because the individual, regardless of the individual’s knowledge or intent, made or caused to be made a false statement or misrepresentation of a material fact, or failed to disclose a material fact, the individual is liable:

      (a) To repay the amount of the benefits to the director for the Unemployment Compensation Trust Fund; or

      (b) To have the amount of the benefits deducted from any future benefits otherwise payable to the individual under this chapter.

      (2) In addition to the liability described in subsection (1) of this section, an individual who has been disqualified for benefits under ORS 657.215 is liable for a penalty in an amount equal to 15 percent of the amount of benefits the individual received but to which the individual was not entitled.

      (3) A decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final and the decision specifies:

      (a) That the individual, by reason of the false statement, misrepresentation or nondisclosure, is liable to repay the amount to the Unemployment Compensation Trust Fund;

      (b) The nature of the false statement, misrepresentation or nondisclosure; and

      (c) The week or weeks for which the benefits were paid.

      (4) Any amount subject to recovery and any penalty due under this section may be collected by the director in a civil action against the individual brought in the name of the director. Judgment rendered shall bear interest at the rate provided in subsection (5) of this section. The amount collected, not including interest or the penalty, shall be paid into the Unemployment Compensation Trust Fund.

      (5) Interest on any amount liable to be repaid under this section shall be paid and collected at the same time repayment of benefits is made by the individual to the Unemployment Compensation Trust Fund, at the rate of one percent per month beginning on the first day of the month following 60 days after the finality of the administrative decision establishing the overpayment. In computing interest under this subsection, a fraction of a month is counted as a full month.

      (6) Deductions from unemployment insurance benefits shall be applied solely to the amount of the benefits liable to be repaid under this section. All other payments shall be applied first to court costs, then to penalties, then to interest, then to the amount liable to be repaid.

      (7) Interest and penalties collected under this section shall be paid into the Employment Department Special Fraud Control Fund in accordance with the provisions of ORS 657.400. [Amended by 1963 c.14 §1; 1997 c.372 §1; 2005 c.182 §3; 2007 c.87 §2]

 

      657.315 Recovery or deduction of benefits paid erroneously. (1) If the Director of the Employment Department decides that an individual has been paid benefits to which the individual is not entitled because of an error not due to the individual providing a false statement or misrepresentation of a material fact or not disclosing a material fact, or because an initial decision to pay benefits is subsequently reversed by a decision finding the individual is not eligible for the benefits, the individual is liable to have the amount deducted from any future benefits otherwise payable to the individual under this chapter for any week or weeks within 52 weeks following the week in which the decision establishing the erroneous payment became final.

      (2) A decision of the director under this section does not authorize the recovery of the amount of any benefits paid to an individual until the decision is final and the decision specifies that the individual is liable to have the amount deducted from any future benefits otherwise payable under this chapter for any week or weeks within 52 weeks following the week in which the decision establishing the erroneous payment became final.

      (3) Amounts paid to an individual in excess of the maximum benefits allowable pursuant to this chapter may be recovered in a civil action brought in the name of the director for such purpose. [Amended by 1971 c.77 §2; 1975 c.284 §3; 1977 c.400 §6; 1993 c.778 §18; 2005 c.182 §4]

 

      657.317 Waiving recovery of benefits; effect of finding of noncompliance with federal law. (1) The Director of the Employment Department shall waive recovery of benefits under ORS 657.315 if the director finds that the benefits are recoverable due to a change in federal or state law, the application of which has caused the disqualification of benefits previously paid.

      (2) If the United States Secretary of Labor serves notice that the provisions of subsection (1) of this section fail to meet the requirements of the Social Security Act or the Federal Unemployment Tax Act then subsection (1) of this section shall no longer be of any force or effect.

      (3) The director may waive establishment and recovery of overpaid benefits when no decision has been issued under ORS 657.310 or 657.315 and the amount of the overpayment is less than one-half of the maximum weekly benefit amount in effect at the time the overpayment is discovered. [1983 c.528 §§6,7; 1995 c.105 §7]

 

      657.320 Cancellation of unrecoverable benefits. (1) If any amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.310 to repay or to have deducted from benefits payable, has neither been repaid nor so deducted within a period of three years following the date the decision establishing the overpayment became final, and is equal to or is less than the state maximum weekly benefit amount or determined by the Director of the Employment Department to be uncollectible, the overpayment together with the record of the overpayment and the resulting shortage, shall be canceled, and the overpayment, excluding any amount chargeable to reimbursable employers, shall be permanently charged to the fund. However, the overpayment may not be canceled if the debt is being recovered by payments or deductions that were received within the last three months nor if repayment of the overpayment is required under ORS 657.213.

      (2) If an amount paid to an individual as benefits, for which the individual has been found liable under the provisions of ORS 657.315 (1) to have deducted from benefits payable, has neither been repaid nor so deducted from benefits otherwise payable to the individual for any week or weeks within 52 weeks following the week in which the decision establishing the overpayment became final, the overpayment together with the record of the overpayment and the resulting shortage, shall be canceled and the overpayment, excluding any amount chargeable to reimbursable employers, shall be permanently charged to the fund.

      (3) When in the judgment of the director the best interests of the Employment Department are served in an effort to settle accounts, the director may waive, reduce or compromise any part or all of the interest or penalty charged pursuant to ORS 657.310. The director may determine that the amount of interest or penalty due and unpaid is uncollectible, and write the amount off. In making the determination that interest or a penalty is uncollectible, the director shall consider, among other factors:

      (a) The administrative costs of continued collection efforts in relation to the amount due;

      (b) The accessibility of the debtor for effective collection actions; and

      (c) The debtor’s financial condition and ability to pay the amount due, both current and projected. [Amended by 1977 c.294 §5; 1983 c.146 §1; 1997 c.372 §3; 2007 c.87 §3]

 

(Extended Benefits)

 

      657.321 Definitions for ORS 657.321 to 657.329. As used in ORS 657.321 to 657.329 unless the context requires otherwise:

      (1) “Eligibility period” of an individual means the period consisting of the weeks in the individual’s benefit year that begin in an extended benefit period and, if the benefit year ends within such extended benefit period, any weeks thereafter that begin in such period.

      (2) “Exhaustee” means an individual who, with respect to any week of unemployment in the individual’s eligibility period:

      (a) Has received prior to such week, all of the regular benefits that were available to the individual under this chapter or any other state law (including dependents’ allowances and benefits payable to federal civilian employees and ex-servicemen under 5 U.S.C. chapter 85) in the current benefit year that includes such week (provided that an individual shall be deemed to have received all of the regular benefits that were available to the individual, although as a result of a pending appeal with respect to wages or employment that were not considered in the original monetary determination in the current benefit year, the individual may subsequently be determined to be entitled to added regular benefits); or

      (b)(A) The individual’s benefit year having expired prior to such week, has no, or insufficient, wages and employment to establish a new benefit year that would include such week;

      (B) Has no right to unemployment benefits or allowances under the Railroad Unemployment Insurance Act and such other federal laws as are specified in regulations issued by the United States Secretary of Labor; and

      (C) Has not received and is not seeking, or the appropriate agency has finally determined that the individual is not entitled to receive, unemployment benefits under the unemployment compensation law of Canada.

      (3)(a) “Extended benefit period” means a period that:

      (A) Begins with the third week after a week for which there is a state “on” indicator; and

      (B) Ends with the third week after the first week for which there is a state “off” indicator or the 13th consecutive week of such period, whichever occurs later.

      (b) Notwithstanding the provisions of paragraph (a) of this subsection, no extended benefit period may begin by reason of a state “on” indicator before the 14th week following the end of a prior extended benefit period that was in effect with respect to this state.

      (c) There is a state “on” indicator for any week for which the Director of the Employment Department determines in accordance with regulations of the United States Secretary of Labor that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted):

      (A) Equaled or exceeded five percent and equaled or exceeded 120 percent of the average of such rates for the corresponding 13-week periods ending in each of the preceding two calendar years;

      (B) Equaled or exceeded six percent; or

      (C) With respect to benefits for weeks of unemployment beginning after March 6, 1993:

      (i) The average rate of total unemployment (seasonally adjusted), as determined by the United States Secretary of Labor, for the period consisting of the most recent three months for which data for all states are published before the close of such week equals or exceeds 6.5 percent; and

      (ii) The average rate of total unemployment in the state (seasonally adjusted), as determined by the United States Secretary of Labor, for the three-month period referred to in sub-subparagraph (i) of this subparagraph, equals or exceeds 110 percent of such average for either or both of the corresponding three-month periods ending in the two preceding calendar years.

      (d) There is a state “off” indicator for any week for which the director determines in accordance with regulations of the United States Secretary of Labor that for the period consisting of such week and the immediately preceding 12 weeks, none of the options specified in subsection (3)(c) of this section results in an “on” indicator.

      (4) “Extended benefits” means benefits (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) payable to an individual under the provisions of this chapter for weeks of unemployment in the individual’s eligibility period.

      (5) “High unemployment period” means any period during which an extended benefit period would be in effect if subsection (3)(c)(C)(i) of this section were applied by substituting “eight percent” for “6.5 percent.”

      (6) “Rate of insured unemployment,” for the purpose of subsection (3)(c) and (d) of this section, means the percentage derived by dividing:

      (a) The average weekly number of regular continued weeks of unemployment claimed by individuals in this state with respect to the most recent 13-consecutive-week period, as determined by the director on the basis of reports to the United States Secretary of Labor, by

      (b) The average monthly employment covered under this chapter for the first four of the most recent six completed calendar quarters before the end of such 13-week period.

      (7) “Regular benefits” means benefits payable to an individual under this chapter or under any other state law (including benefits payable to federal civilian employees and to ex-servicemen pursuant to 5 U.S.C. chapter 85) other than extended benefits.

      (8) “State law” means the unemployment insurance law of any state, approved by the United States Secretary of Labor under section 3304 of the Internal Revenue Code. [1971 c.2 §2; 1974 c.46 §1; 1977 c.228 §1; 1979 c.267 §4; 1982 s.s.1 c.30 §1; 1993 c.200 §3; 2003 c.14 §401; 2007 c.71 §210; 2007 c.614 §20]

 

      657.323 ORS 657.321 to 657.329 supersede inconsistent provisions of this chapter. The provisions of this chapter relating to the payment of regular benefits shall apply to claims for and the payment of extended benefits, except when the result would be inconsistent with the provisions of ORS 657.321 to 657.329. [1971 c.2 §3]

 

      657.325 Extended benefits; eligibility; amount. (1) An individual shall be eligible to receive extended benefits with respect to any week of unemployment in the individual’s eligibility period only if the Director of the Employment Department finds that with respect to such week the individual:

      (a) Is an exhaustee;

      (b) Has satisfied the requirements of this chapter for the receipt of regular benefits that are applicable to individuals claiming extended benefits, including not being subject to a disqualification for the receipt of benefits; and

      (c) Has been paid wages by an employer or employers subject to the provisions of this chapter during the base period of the individual’s applicable benefit year in an amount equal to or in excess of 40 times the individual’s applicable weekly benefit amount.

      (2) The weekly extended benefit amount payable to an individual for a week of total unemployment in the individual’s eligibility period shall be an amount equal to the weekly benefit amount payable to the individual during the applicable benefit year.

      (3) The maximum extended benefit amount payable to any eligible individual with respect to the applicable benefit year shall be:

      (a) 50 percent of the total amount of regular benefits which were payable to the individual under this chapter in the applicable benefit year; or

      (b) With respect to weeks beginning in a high unemployment period, 80 percent of the total amount of regular benefits which were payable to the individual under this chapter in the applicable benefit year.

      (4) Notwithstanding subsection (1) of this section, extended benefits shall not be payable to any individual for any week pursuant to an interstate claim filed in any other state under the interstate benefit payment plan if an extended benefit period is not in effect for such week in such other state.

      (5) The provisions of subsection (4) of this section shall not apply with respect to the first two weeks for which extended benefits would otherwise be payable to an individual pursuant to an interstate claim filed under the interstate benefit payment plan.

      (6) Notwithstanding the provisions of subsections (1) to (5) and (12) of this section, an individual shall be ineligible for payment of extended benefits for any week of unemployment in the individual’s eligibility period if the director finds that during such week:

      (a) The individual failed to accept any offer of suitable work or failed to apply for any suitable work, as defined under subsection (8) of this section, to which the individual was referred by the director; or

      (b) The individual failed to actively engage in seeking work as prescribed under subsection (10) of this section.

      (7) Any individual who has been found ineligible for extended benefits by reason of the provisions in subsection (6) of this section shall also be denied benefits beginning with the first day of the week following the week in which such failure occurred and until the individual has been employed in each of four subsequent weeks, whether or not consecutive, and has earned remuneration equal to not less than four times the extended weekly benefit amount.

      (8)(a) For purposes of this section, the term “suitable work” means, with respect to any individual, any work which is within such individual’s capabilities, provided, however:

      (A) That the gross average weekly remuneration payable for the work must exceed the sum of the individual’s weekly benefit amount and the amount, if any, of supplemental unemployment benefits, as defined in section 501(c)(17)(D) of the Internal Revenue Code, payable to such individual for such week; and

      (B) The work must pay wages which equal or exceed the higher of the state or local minimum wage or the minimum wage provided by section 6 (a)(1) of the Fair Labor Standards Act of 1938, without regard to any exemption;

      (b) No individual shall be denied extended benefits for failure to accept an offer of or referral to any job which meets the definition of suitability as described herein if:

      (A) The position was not offered to such individual in writing or was not listed with the Employment Department; or

      (B) Such failure could not result in a denial of benefits under the definition of suitable work for regular benefit claimants pursuant to ORS 657.190 to the extent that the criteria of suitability are not inconsistent with the provisions of this section; or

      (C) The individual furnishes satisfactory evidence to the director that the individual’s prospects for obtaining work in the individual’s customary occupation within a reasonably short period are good. If such evidence is deemed satisfactory for this purpose, the determination of whether any work is suitable with respect to such individual shall be made in accordance with the definition of suitable work in ORS 657.190 without regard to the definition specified in this subsection.

      (9) Notwithstanding the provisions of subsection (8) of this section to the contrary, no work shall be deemed to be suitable work for an individual which does not accord with the labor standard provisions required by section 3304(a)(5) of the Internal Revenue Code and as set forth in ORS 657.195.

      (10) For the purposes of subsection (6)(b) of this section, an individual shall be treated as actively engaged in seeking work during any week if:

      (a) The individual has engaged in a systematic and sustained effort to obtain work during such week; and

      (b) The individual furnishes tangible evidence of engaging in such effort during such week.

      (11) The Employment Department shall refer any claimant entitled to extended benefits to any suitable work which meets the criteria prescribed in subsection (8) of this section.

      (12) An individual shall not be eligible to receive extended benefits under this section if the individual has been disqualified for regular or extended benefits under ORS 657.176 (2) unless the individual has satisfied the disqualification as provided in ORS 657.176 (2).

      (13) Subsections (6) to (11) of this section shall not apply to weeks of unemployment beginning after March 6, 1993, and before January 1, 1995. [1971 c.2 §4; 1981 c.46 §2; 1981 c.564 §1; 1982 s.s.1 c.30 §2; 1983 c.508 §8; 1993 c.200 §4; 2007 c.614 §21]

 

      657.326 Adjustment of extended benefits to be received when benefit year ends within extended benefit period. Notwithstanding any other provisions of this chapter, if the benefit year of any individual ends within an extended benefit period, the remaining balance of extended benefits that such individual would, but for this section, be entitled to receive in that extended benefit period, with respect to weeks of unemployment beginning after the end of the benefit year, shall be reduced (but not below zero) by the product of the number of weeks for which the individual received any amounts as trade readjustment allowances within that benefit year, multiplied by the individual’s weekly benefit amount. [1982 s.s.1 c.30 §5]

 

      657.327 Notice of effectiveness of extended benefits; employers not to be charged for extended benefits. (1) Whenever an extended benefit period is to become effective in this state as a result of a state “on” indicator, or an extended benefit period is to be terminated in this state as a result of a state “off” indicator, the Director of the Employment Department shall make an appropriate public announcement.

      (2) No employer’s account shall be charged for extended benefits paid to an unemployed individual pursuant to the provisions of ORS 657.321 to 657.329. [1971 c.2 §5; 1982 s.s.1 c.30 §3]

 

      657.329 Applicability of ORS 657.321 to 657.329. ORS 657.321 to 657.329 shall apply to individuals meeting the requirements thereof for the week ending January 16, 1971, and any week thereafter. [1971 c.2 §6]

 

      657.330 [1969 c.156 §2; 1971 c.82 §1; renumbered 657.337 in 1989]

 

(Additional Benefits)

 

      657.331 “Additional benefits” and “additional benefit period” defined. (1) As used in ORS 657.331 to 657.334:

      (a) “Additional benefits” means benefits totally financed by the state and payable under this chapter to exhaustees by reason of conditions of high unemployment.

      (b) “Additional benefit period” means a period not within an extended benefit period that:

      (A) Begins with the third week after a week for which there is a state additional benefits “on” indicator; and

      (B)(i) Ends with the second week after the first week for which there is a state “on” indicator as defined in ORS 657.321 (3)(c); or

      (ii) If there is no “on” indicator, ends with the third week after the first week for which there is a state additional benefits “off” indicator or the seventh consecutive week of such period, whichever occurs later.

      (2) Notwithstanding the provisions of subsection (1)(b) of this section, no additional benefit period may begin by reason of a state additional benefit “on” indicator before the eighth week following the end of a prior additional benefit period which was in effect with respect to this state.

      (3) There is a state additional benefit “on” indicator for any week for which the Director of the Employment Department determines that for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) equaled or exceeded 4.5 percent.

      (4) There is a state additional benefits “off” indicator for any week for which the director determines that, for the period consisting of such week and the immediately preceding 12 weeks, the rate of insured unemployment (not seasonally adjusted) was less than 4.5 percent.

      (5) For purposes of this section, “rate of insured unemployment” has the same meaning as provided in ORS 657.321 (6). [1983 c.818 §§4,5; 1985 c.194 §2; 2003 c.14 §402; 2007 c.71 §211]

 

      657.332 Eligibility for benefits; maximum amount. During an additional benefit period an individual who has exhausted regular benefits pursuant to this chapter with respect to a week which begins subsequent to August 9, 1983, and who continues to otherwise meet the eligibility requirements for regular benefits under the provisions of this chapter, and who is not eligible for any other unemployment benefits, including benefits provided for by any federal law extending benefits beyond those provided for as regular benefits or extended benefits, may receive additional benefits for weeks subsequent to August 9, 1983, in an amount equal to the weekly benefit amount of the individual’s most recent regular unemployment benefit claim subject to the provisions of this chapter. The maximum additional benefits an individual may receive under ORS 657.331 to 657.334 is 25 percent of the most recent regular unemployment benefit claim. [1983 c.818 §6]

 

      657.333 Charging employer’s account for benefits; reimbursing employer payments. An employer’s account may not be charged for additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. However, nothing in this section shall be construed to relieve the state, reimbursing political subdivisions, reimbursing nonprofit employers or reimbursing Indian tribes from paying into the Unemployment Compensation Trust Fund an amount equal to the additional benefits paid to an unemployed individual under ORS 657.331 to 657.334. [1983 c.818 §7; 2001 c.572 §10; 2003 c.14 §403]

 

      657.334 Limitation on period for which benefits paid. Additional benefits may be paid under the provisions of ORS 657.331 to 657.334 only with respect to weeks not within an extended benefit period, and not within a period covered by any federal law allowing the filing of new claims extending benefits beyond those provided for as regular or extended benefits. [1983 c.818 §8; 1985 c.194 §1; 1987 c.126 §1; 1989 c.818 §1]

 

DISLOCATED WORKER PROGRAM

 

      657.335 Definitions for ORS 657.335 to 657.360. As used in ORS 657.335 to 657.360:

      (1) “Eligible dislocated workers” means individuals who:

      (a) Have been terminated or laid off or who have received a notice of termination or layoff, are eligible for or have exhausted their entitlement to unemployment compensation and are unlikely to return to their previous industry or occupation;

      (b) Have been terminated or have received a notice of termination of employment, as a result of any permanent closure of or any substantial layoff at a plant, facility or enterprise;

      (c) Are long term unemployed and have limited opportunities for employment or reemployment in the same or a similar occupation in the area in which such individuals reside, including older individuals who may have substantial barriers to employment by reason of age;

      (d) Were self-employed, including farmers and ranchers, and are unemployed as a result of general economic conditions in the community in which they reside or because of natural disasters; or

      (e) Returned to service in the Oregon National Guard or the military reserve forces of the United States following active duty service as set forth in ORS 657.340 (3)(d).

      (2) “Professional technical training” means professional and technical training or retraining and basic education, including literacy skills, designed to prepare individuals for gainful employment in recognized or new occupations or to prepare individuals to become self-employed. The term does not include programs of instruction for an individual (including transfer credit programs of instruction given at community colleges) which are primarily intended to lead toward a baccalaureate or higher degree or training that has for its purpose the preparation of individuals for employment in occupations which require a baccalaureate or higher degree from institutions of higher education unless approved by the Director of the Employment Department. [1969 c.156 §3; 1971 c.82 §2; 1991 c.685 §4; 1993 c.129 §1; 2005 c.174 §3]

 

      657.337 Policy. (1) The state’s economic stability is often threatened when workers are being displaced from the workforce and the workers and their families face hardship and serious social and health problems.

      (2) The policy of the state is to promote workforce development by providing eligible dislocated workers with unemployment compensation and related benefits while they are receiving professional technical training so that they can continue to care for their families and obtain employment.

      (3) The Employment Department and the Department of Community Colleges and Workforce Development will implement the necessary strategies, systems and structures that will provide consolidated, streamlined delivery of these services to dislocated workers.

      (4) It is the policy of the state to encourage the movement of workers into higher wage jobs.

      (5) It is the policy of the state to make the best use of currently existing service delivery vehicles, training programs and assessment devices to provide services to eligible dislocated workers.

      (6) In order to assist eligible dislocated workers to continue or complete professional technical training, individuals who meet the requirements of ORS 657.335 to 657.360 are eligible for supplemental benefits as provided in ORS 657.340. [Formerly 657.330; 1991 c.685 §5; 1993 c.624 §2; 1993 c.765 §12; 1995 c.495 §1; 1997 c.61 §9; 2001 c.684 §29; 2001 c.866 §1; 2003 c.536 §2; 2005 c.174 §1]

 

      657.340 Eligibility for benefits. (1) Dislocated workers approved for professional technical training may not be denied unemployment insurance benefits solely because they are attending professional technical training, nor shall such individual be denied benefits by reason of leaving work to enter such training if the work left was part-time or temporary or paid less than 80 percent of the individual’s average weekly wage during the base year.

      (2) Notwithstanding provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, dislocated workers approved for professional technical training and otherwise eligible for benefits are not ineligible for such benefits or waiting week credit because of attendance in professional technical training.

      (3)(a) Eligible dislocated workers who file valid unemployment compensation claims, upon exhaustion of regular benefits, are eligible, subject to the availability of funds, for supplemental benefits from 1 to 26 times the individual’s most recent weekly benefit amount based upon the amount needed to continue or complete approved professional technical training.

      (b) Supplemental benefits shall be paid under the same terms and conditions as regular benefits under this chapter, except that the Director of the Employment Department may extend the benefit year of an individual attending an approved professional technical training program a sufficient number of weeks to allow the individual to complete the training program.

      (c) Supplemental benefits under ORS 657.335 to 657.360 may be paid only when the eligible dislocated worker is not eligible to receive extended benefits as provided in ORS 657.321 to 657.329 or additional benefits as provided in ORS 657.331 to 657.334.

      (d) Supplemental benefits may be paid only to eligible dislocated workers whose unemployment, as determined by the director:

      (A) Is substantially due to the lack of employment opportunities in the workers’ local labor market resulting from:

      (i) High energy costs;

      (ii) Extended drought conditions and the attendant economic conditions;

      (iii) Secondary effects of foreign trade; or

      (iv) A shift of production to another state or territory of the United States; or

      (B) Resulted from the workers’ return to service in the Oregon National Guard or military reserve forces of the United States following a change in status from serving under Title 32 to serving under Title 10 of the United States Code at a time designated by the President of the United States by executive order as a period of combatant activities.

      (4) The receipt of supplemental benefits is conditioned upon the individual’s demonstrating satisfactory progress and attendance in professional technical training. [1969 c.156 §§5,6; 1971 c.82 §3; 1991 c.685 §6; 1993 c.624 §1; 1995 c.495 §2; 1997 c.56 §1; 2001 c.866 §2; 2005 c.174 §2]

 

      657.342 Application of eligibility criteria. (1) The provisions of ORS 657.335 to 657.360 apply to an individual who met the definition of an eligible dislocated worker as provided in ORS 657.335 on or after January 1, 1991, and who is otherwise eligible for benefits under ORS 657.335 to 657.360 on or after September 29, 1991.

      (2) Individuals who have been approved for vocational training under ORS 657.335 to 657.360 prior to September 29, 1991, and who are receiving benefits on September 29, 1991, shall continue to be eligible to receive benefits after September 29, 1991. [1991 c.685 §12]

 

      657.345 Approval of programs by director. (1) Individuals who are identified as dislocated workers under the federal Workforce Investment Act of 1998 (29 U.S.C. 2801 et seq.), and implementing regulations, and who attend training programs identified under the Act shall be considered to be in approved professional technical training. The training shall be for occupations or skills for which there are or are expected to be reasonable employment opportunities in the area or in another area to which the individual is willing to relocate or which relate to the development of a self-employment enterprise for which there is reasonable opportunity for success.

      (2) In approving professional technical training for eligible dislocated workers who do not attend training programs identified in subsection (1) of this section, the Director of the Employment Department shall require:

      (a) That the professional technical training relates to an occupation or skill for which there are, or are expected to be, reasonable employment opportunities in this state or relates to the development of a self-employment enterprise for which there is a reasonable opportunity for success.

      (b) That the individual has the qualifications and aptitudes to successfully complete such professional technical training. [1969 c.156 §7; 1971 c.82 §4; 1983 c.9 §1; 1991 c.685 §7; 2001 c.684 §30]

 

      657.350 Rules for administering training program. The Director of the Employment Department, in consultation with the Department of Community Colleges and Workforce Development, shall promulgate rules as necessary for the administration of ORS 657.335 to 657.360, including but not limited to procedures for approval, undertaking periodic reviews for continued approval, or for disapproval of professional technical training for an individual. [1969 c.156 §8; 1971 c.82 §5; 1991 c.685 §8; 1997 c.61 §11; 2001 c.684 §31]

 

      657.355 Denial of benefits to trainees subject to review. Notice, hearing, and review of a decision to approve or disapprove an application of an individual or to deny continued approval of an individual’s participation under ORS 657.335 to 657.360 shall be subject to the provisions of ORS 657.265, 657.266 to 657.269 and 657.270 to 657.282. [1969 c.156 §9; 1975 c.257 §8; 1993 c.778 §15]

 

      657.357 Apprenticeship program participants eligible for benefits; conditions. Notwithstanding the requirements or restrictions of ORS 657.335 to 657.360 or the provisions of this chapter relating to availability for work, actively seeking work or refusal to accept suitable work, an unemployed individual participating in an apprenticeship program who is otherwise eligible for unemployment insurance benefits shall not be ineligible for such benefits or waiting week credit solely by reason of attending a program of related instruction established in accordance with ORS 660.157 when such attendance does not exceed five weeks during the benefit year of the individual and when such attendance is required as a condition of the individual’s continued employment and shall be considered to be in a program of instruction with the approval of the Director of the Employment Department if the individual:

      (1) Provides the director with a copy of that individual’s effective apprenticeship agreement approved in accordance with the requirements of ORS 660.002 to 660.210; and

      (2) Establishes to the satisfaction of the director that the training is scheduled by a work-related entity other than the claimant. [1989 c.818 §3; 1999 c.124 §1]

 

      657.360 When employer charged for benefits. Except for benefits paid pursuant to ORS 657.357, no employer’s account shall be charged for benefits paid to an unemployed individual during the period such individual is enrolled in and attending such program of instruction. [1969 c.156 §4; 1971 c.82 §6; 1989 c.818 §4]

 

SHARED WORK PLANS

 

      657.370 Definitions for ORS 657.370 to 657.390. As used in ORS 657.370 to 657.390, unless the context requires otherwise:

      (1) “Affected employee” means an individual who was continuously employed as a member of the affected group, by the shared work employer, for six months on a full-time basis or for one year on a part-time basis, immediately preceding the submission by the employer of the shared work plan.

      (2) “Affected group” means three or more employees designated by the employer to participate in a shared work plan.

      (3) “Approved shared work plan” or “approved plan” means an employer’s shared work plan that meets the requirements of ORS 657.375.

      (4) “Normal weekly hours of work” means the number of hours in a week that the employee normally would work for the shared work employer or 40 hours, whichever is less.

      (5) “Shared work employer” means an employer with a shared work plan in effect.

      (6) “Shared work plan” or “plan” means an employer’s voluntary, written plan for reducing unemployment, under which a specified group of employees shares the work remaining after their normal weekly hours of work are reduced. [1982 s.s.1 c.2 §8; 2007 c.71 §212]

 

      657.375 Plan applications; approval by director. (1) An employer wishing to participate in the shared work unemployment benefit program shall submit a signed, written shared work plan to the Director of the Employment Department for approval. The director shall give written approval of a shared work plan only if it:

      (a) Specifies the employees in the affected group.

      (b) Applies to only one affected group.

      (c) Includes a certified statement by the employer that each individual specified in the affected group is an affected employee.

      (d) Includes a certified statement by the employer that for the duration of the plan the reduction in the normal weekly hours of work of the employees in the affected group is instead of layoffs which otherwise would result in at least as large a reduction in the total normal weekly hours of work.

      (e) Specifies an expiration date which is no more than one year from the date the employer submits the plan for approval.

      (f) Specifies the manner in which the employer will treat fringe benefits of the employees in the affected group.

      (g) Is approved in writing by the collective bargaining agent for each collective bargaining agreement which covers any employee in the affected group.

      (2) The director shall establish the beginning and ending dates of an approved shared work plan.

      (3) The director shall approve or disapprove the plan within 15 days of its receipt. The director shall notify the employer of the reasons for disapproval of a shared work plan within 10 days of such determination. Determinations of the director shall be final and are not subject to review by any court or other administrative body.

      (4) Disapproval of a plan may be reconsidered upon application of the employer or at the discretion of the director. Approval of a shared work plan may be revoked by the director when it is established that such approval was based, in whole or in part, upon information contained therein which is either false or substantially misleading. [1982 s.s.1 c.2 §9; 1993 c.778 §21]

 

      657.380 Eligibility of employees; benefit limitation. (1) Notwithstanding any other provision of this chapter, for the purposes of ORS 657.370 to 657.390, an individual is unemployed and eligible to receive shared work benefits with respect to any week if, in addition to meeting all other eligibility requirements of this chapter, except as specifically excepted in subsection (4) of this section, the Director of the Employment Department finds:

      (a) During the week the individual is employed as a member of an affected group in an approved plan which was approved prior to the week and is in effect for the week.

      (b) During the week the individual’s normal weekly hours of work were reduced, in accordance with an approved plan, at least 20 percent but not more than 40 percent, with a corresponding reduction in wages.

      (2) Shared work benefits shall not be paid to an eligible individual for more than 26 weeks under an approved plan or modification thereof.

      (3) The total amount of regular benefits and shared work benefits paid to an individual in a benefit year shall not exceed the total for the benefit year as provided in ORS 657.150 (5).

      (4) An otherwise eligible individual shall not be denied benefits under this section because of the application of any provision of this chapter relating to availability for work, active search for work or refusal to apply for or accept work from other than the individual’s shared work employer. [1982 s.s.1 c.2 §10]

 

      657.385 Method of paying benefits; amount; disqualification; applicability of law to shared work plans; rules. (1) An individual who is eligible for shared work benefits under ORS 657.370 to 657.390 shall be paid, with respect to any week of unemployment, a weekly shared work unemployment insurance benefit amount. Such amount shall be equal to the individual’s regular weekly benefit amount multiplied by the nearest full percentage of reduction of the individual’s regular weekly hours of work, as set forth in the employer’s plan. The benefit payment under ORS 657.370 to 657.390, if not a multiple of one dollar, shall be rounded to the nearest dollar, and an even one-half dollar shall be rounded to the next higher multiple of one dollar.

      (2) The provisions of ORS 657.150 (6) shall not apply to earnings from the shared work employer of an individual eligible for payments under ORS 657.370 to 657.390 unless the resulting payment would be less than the regular benefit payment for which the individual would otherwise be eligible under ORS 657.150 (6) without regard to shared work unemployment insurance benefits.

      (3) An individual shall be disqualified for benefits payable under ORS 657.370 to 657.390 for any week in which paid work is performed for the shared work employer in excess of the reduced hours as set forth in the approved plan.

      (4) Except as otherwise provided by or inconsistent with ORS 657.370 to 657.390, all provisions of this chapter and the rules of the Director of the Employment Department apply to ORS 657.370 to 657.390. The director may adopt such rules as is deemed necessary to make distinctions and requirements to carry out the purposes of ORS 657.370 to 657.390. [1982 s.s.1 c.2 §11; 1983 c.51 §2; 2003 c.14 §404]

 

      657.390 Reimbursement to Unemployment Compensation Trust Fund of shared work benefits paid; use of benefit charges. (1) Any employer who participates in an approved shared work plan after December 31, 1993, shall pay into the Unemployment Compensation Trust Fund an amount equivalent to all shared work benefits paid to employees of the employer under such plan during any rating period for which the employer’s benefit ratio, expressed as a percentage rounded to the nearest 0.1 percent, is in excess of the employer’s tax rate for such rating period.

      (2) All reimbursement obligations arising under this section are in addition to and separate from any other obligation imposed under this chapter. At the end of each calendar quarter, the Director of the Employment Department shall determine the amount of reimbursement due to the fund from each employer participant in a shared work plan and shall bill each employer for such amount. The reimbursement shall be subject to the same interest, penalty and collection provisions as any other reimbursement of unemployment insurance contributions provided for under this chapter.

      (3) Notwithstanding ORS 657.471 or any other provision to the contrary, no benefit charges which are reimbursable under this section shall be included in an employer’s benefit charges for any purpose in any rating period. [1982 s.s.1 c.2 §12; 1993 c.778 §2]

 

RECOVERY OF BENEFITS OBTAINED BY FRAUD

 

      657.392 Benefits subject to recovery as lien on real or personal property. (1) If an individual is liable to repay benefits under ORS 657.310, the amount liable to be repaid, interest and penalties due shall be a lien in favor of the Director of the Employment Department upon all property, whether real or personal, belonging to such individual.

      (2) The lien shall be perfected and attach:

      (a) To real and personal property located within the county, upon the recording of a warrant, as provided in ORS 657.396, with the clerk of the county in which the property is located.

      (b) To personal property wherever located within the state, upon:

      (A) The recording of a warrant, as provided in ORS 657.396, with the clerk of any county; and

      (B) The filing of a copy of the warrant with the Secretary of State as provided in ORS 657.394.

      (3) The lien created by this section may be foreclosed by a suit in the circuit court in the manner provided by law for the foreclosure of other liens on real or personal property. [1997 c.372 §5]

 

      657.394 Filing of lien statement or warrant. (1) Any warrant attaching the lien under ORS 657.392 may also be filed in the office of the Secretary of State. Filing in the office of the Secretary of State shall have no effect until a copy of the statement of lien or the warrant has been recorded with the county clerk.

      (2) When a copy of the statement of lien or the warrant is filed with the Secretary of State in compliance with subsection (1) of this section, such filing shall have the same effect with respect to personal property as if the copy of the statement of lien or the warrant had been duly recorded with the county clerk in each county of this state.

      (3) A copy of the statement of lien or the warrant so filed with the Secretary of State shall be filed and indexed by the Secretary of State in the same manner as is provided in ORS 79.0501 for the filing and indexing of financing statements. [1997 c.372 §6; 2001 c.445 §178]

 

      657.396 Alternative to civil collection action; procedure. (1) In any case in which the Director of the Employment Department may bring a civil action for the collection of amounts liable to be repaid under ORS 657.310, interest on those amounts or penalties, the director may instead:

      (a) Assess a collection charge of $5 if the amount liable to be repaid, the interest then due or the penalty exceeds $10.

      (b) Issue a warrant under official seal directed to the sheriff of any county of the state commanding the sheriff to levy upon and sell the real and personal property of the individual found within that county, for the payment of the amount liable to be repaid with the added interest, penalty, collection charge and the sheriff’s cost of executing the warrant, and to return the warrant to the director and pay to the director the money collected by virtue of the warrant by a time to be specified in the warrant, but not less than 60 days from the date of the warrant.

      (2) The sheriff shall, within five days after the receipt of the warrant, record with the clerk of the county a copy of the warrant, and thereupon the clerk shall enter in the County Clerk Lien Record the name of the individual mentioned in the warrant and the amount liable to be repaid, interest, penalty and collection charge for which the warrant is issued and the date when the copy is recorded. Thereupon the amount of the warrant so recorded shall become a lien upon the title to and interest in property of the individual against whom it is issued in the same manner as a judgment that creates a judgment lien under ORS chapter 18. The sheriff thereupon shall proceed upon the same in all respects, with like effect and in the same manner prescribed by law in respect to executions issued against property upon the judgment of a court of record, and shall be entitled to the same fees for services in executing the warrant, to be added to and collected as a part of the warrant liability.

      (3) In the discretion of the director, a warrant of like terms, force and effect may be issued and directed to any agent authorized by the director to collect amounts liable to be repaid and in the execution of the warrant the agent shall have all the powers conferred by law upon sheriffs, but is entitled to no fee or compensation in excess of actual expenses paid in the performance of the agent’s duty.

      (4) If a warrant is returned not satisfied in full, the director has the same remedies to enforce the claim for amounts due, interest and penalty against the individual as if the director had recovered judgment against the individual for the amount liable to be repaid, interest and penalty.