Oregon Administrative Rules Chapter 471 - EMPLOYMENT DEPARTMENT
Oregon Administrative Rules (OAR) Chapter 471 is dedicated to the Oregon Employment Department. This extensive chapter contains the administrative rules that govern the various programs and services provided by the Employment Department, which plays a vital role in supporting Oregon's workforce and economy.
The Oregon Employment Department's mission is to support business and promote employment. It achieves this by:
Providing economic stability for Oregonians and communities during times of unemployment through the payment of unemployment benefits.
Serving businesses by recruiting and referring qualified applicants to jobs.
Providing resources to diverse job seekers in support of their employment needs.
Developing and distributing quality workforce and economic information to promote informed decision-making.
Administering the Paid Family and Medical Leave Insurance program (Paid Leave Oregon).
Key Areas Covered by OAR Chapter 471 (Employment Department):
Chapter 471 is broadly organized into divisions that reflect the Department's core functions:
Administrative Services General and Internal Rules (Division 10): Covers general administrative procedures for the department, including how rules are adopted, public records requests, and internal operations.
Criminal Records Check and Fitness Determination Rules (Division 7): Outlines procedures for conducting criminal background checks and fitness determinations for certain positions or programs.
Confidentiality and Inadmissibility of Mediation Communications (Division 8): Rules regarding the confidentiality of information exchanged during mediation processes involving the department.
Interagency Shared Information System (SIS) (Division 12) & Performance Reporting Information System (PRISM) (Division 15): Rules pertaining to the operation and use of these vital data systems for reporting and information sharing.
Employment Services (Division 20): These rules govern the services provided to job seekers and employers through WorkSource Oregon, including job matching, career counseling, training programs, and resources for businesses.
Unemployment Insurance Benefits and Claims (Division 30): This is a critical section, detailing:
Eligibility requirements for unemployment benefits (e.g., base year wages, hours worked, reasons for separation from employment).
Procedures for filing initial and weekly claims.
Requirements for actively seeking work while receiving benefits.
Rules regarding disqualifications, overpayments, and fraud.
Provisions for federal employees and veterans.
Unemployment Insurance Taxes (Division 31): Covers the rules for employers regarding unemployment insurance taxes, including:
Defining who is considered an "employer" and what constitutes "wages."
Reporting requirements for payroll.
Tax rates and how they are calculated.
Rules for independent contractors, agricultural employment, and domestic service.
Penalties for failure to file reports or pay taxes.
Lower Appeals (Division 40) & Higher Appeals (Division 41): These divisions outline the procedures for appealing decisions made by the Employment Department regarding unemployment insurance claims or tax liabilities. This includes administrative hearings and reviews.
Office of Administrative Hearings (Division 60): Rules related to the operation of administrative hearings conducted by the Department.
Paid Family Medical Leave Insurance (Division 70): This is a newer and very significant addition to Chapter 471, detailing the rules for the Paid Leave Oregon program. This includes:
Eligibility for paid leave benefits (for family, medical, or safe leave).
Calculation of benefits.
Verification requirements for serious health conditions or safe leave claims.
Employer and employee responsibilities under the program.
Processes for appealing decisions related to Paid Leave Oregon.
In essence, OAR Chapter 471 provides the comprehensive regulatory framework for the Oregon Employment Department to administer its essential programs, ensuring fair and consistent application of state and federal employment laws for both workers and businesses in Oregon.
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