Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Permission to keep records and
process claims outside of Oregon. Notwithstanding OAR 436-050-0210 and
436-050-0220, with the prior approval of the director a self-insured employer
may process claims and make claims records available at a claims processing
location outside Oregon, under the following conditions:
(a) The self-insured employer must submit a
written application to the director;
(A) The
application must contain the reasons for the request and the mailing address,
telephone number, email address and any other contact information of the
location where the records will be kept and the claims processed; and
(B) The application must provide contact
information for a designated person or position within the company who will
assure payment of penalties and resolution of collections issues resulting from
orders issued by the director, and a company email address that is monitored on
a regular basis;
(b)
Upon receipt, the director will review the application and notify the employer
if the request has been approved or denied. If the request has been denied, the
director will notify the employer of the reasons for the denial; and
(c) The director will not grant permission to
any self-insured employer that has committed acts or engaged in a course of
conduct that would be grounds for revocation of permission or that are contrary
to any of the provisions of this rule.
(2)
Requirements. A self-insured
employer that keeps claims records and processes claims at a claims processing
location outside Oregon must:
(a) Process
claims and make payment of compensation in an accurate and timely
manner;
(b) Make reports to the
director promptly as required by ORS chapter 656 and OAR chapter 436;
(c) Pay to the director promptly all
assessments and other money as it becomes due;
(d) Increase or decrease its security deposit
promptly when directed to do so by the director under ORS
656.407(2);
(e) Comply with the rules and orders of the
director in processing and paying claims for compensation; and
(f) Provide written records which have been
removed from this state to the director as requested within a reasonable time
not to exceed 14 days or as otherwise negotiated.
(3)
Revocation of permission.
After notice given as required by ORS
656.455(2),
permission granted under this rule will be revoked by the director if the
employer has committed acts or engaged in a course of conduct that are in
violation of any provisions of this rule.
Statutory/Other Authority: ORS
656.455
& ORS
656.726(4)
Statutes/Other Implemented: ORS
656.455
