Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in these rules, unless the
context requires otherwise:
(a) "Claimant" is
an individual who has filed an initial, additional, or reopened claim for
unemployment insurance purposes within a benefit year or other eligibility
period;
(b) An "initial claim" is a
new claim that is a certification by a claimant completed as required by OAR
471-030-0025 to establish a
benefit year or other eligibility period;
(c) "Additional claim" is a claim
certification by a claimant completed as required by OAR
471-030-0025 that restarts a
claim during an existing benefit year or other eligibility period and certifies
to the end of a period of employment;
(d) "Reopened claim" is a certification by a
claimant completed as required by OAR
471-030-0025 that restarts a
claim during an existing benefit year or other eligibility period and certifies
that there was no employment in any week since last reporting on this
claim;
(e) "Backdating" occurs when
an authorized representative of the Employment Department corrects, adjusts,
resets or otherwise changes the effective date of an initial, additional or
reopened claim to reflect filing in a prior week. Backdating may occur based
upon evidence of the individual's documented contact on the prior date with the
Employment Department or with any other state Workforce agency, or as otherwise
provided in this rule.
(2) For the purposes of filing an initial,
additional, or reopened claim:
(a) When
delivered in person to any Employment Department office in the state of Oregon,
the date of filing shall be the date of delivery, as evidenced by the receipt
date stamped or written by the public employee who receives the
document;
(b) When filed by mail,
the date of filing shall be the date of the postmark affixed by the United
States Postal Service. In the absence of a postmarked date, the date of filing
shall be the most probable date of mailing as determined by the Employment
Department;
(c) When filed by fax,
the date of filing shall be the encoded date on the fax document unless such
date is absent, illegible, improbable or challenged, in which case the fax
receipt date, if available, shall be the date of filing. If a filing date
cannot otherwise be determined, the filing date shall be the most probable date
of faxing as determined by the Employment Department;
(d) When filed by Internet, the date of
filing shall be the initial date of transmission of the online claim;
or
(e) When filed by telephone, the
date of filing shall be the date recorded in the completed telephone initial
claim record of the agency system or by an employee completing the filing of
the claim record.
(f) An incomplete
certification must be completed and returned within seven business days from
the date of notification that the original was incomplete to preserve the
original date of filing.
(3) An initial, additional, or reopened claim
must be filed prior to or during the first week or series of weeks for which
benefits, waiting week credit, or noncompensable credit is claimed and prior to
or during the first week of any subsequent series thereafter. An initial claim
is effective the Sunday of the calendar week in which it is filed. An
authorized representative of the Employment Department will backdate an
additional or reopened claim to the calendar week immediately preceding the
week in which the request to backdate was made when a claimant requests
backdating of the additional or reopened claim.
(4) The provisions of this section do not
apply to an individual claiming benefits as a "partially unemployed
individual," as defined in OAR
471-030-0060.
Statutory/Other Authority: ORS
657.610 &
657.155
Statutes/Other Implemented: ORS
657.155 &
657.260
