Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in
these rules, unless the context requires otherwise:
(a) "Continued Claim" means an application
that certifies to the claimant's completion of one or more weeks of
unemployment and to the claimant's status during these weeks. The certification
may request benefits, waiting week credit, or non-compensable credit for such
week or weeks. A continued claim must follow the first effective week of an
initial, additional or reopen claim, or the claimant's continued claim for the
preceding week;
(b) A
"non-compensable credit week" is a week of unemployment for which benefits
[shall] will not be allowed but which may qualify as a week allowed toward
satisfying a disqualification as provided in ORS
657.215.
(2) A claimant, in order to obtain benefits,
waiting week credit, or non-compensable credit for a week of unemployment, must
file a continued claim for the week by any method approved by the
Director.
(3) As directed by the
Director, a continued claim must be filed:
(a)
In person at any Employment Department office in the state of Oregon. 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) By United States
mail. 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) By fax. 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) By Internet. When filed on line, the date
of filing shall be the initial date of transmission of the on line continued
claim; or
(e) By telephone. When
filed by telephone, the date of filing shall be the date marked, stamped, or
imprinted on the document by the agency system that records the oral request or
by the employee accepting the continued claim.
(4) A continued claim must be filed no later
than seven days following the end of the week for which benefits, waiting week
credit, or noncompensable credit, or any combination of the foregoing is
claimed, unless:
(a) The continued claim is
for the first effective week of the benefit year, in which case the week must
be claimed no later than 13 days following the end of the week for which
waiting week credit is claimed, or
(b) The claimant routinely files weekly
claims by submitting a weekly paper certification forms, in which case the week
is timely if it is filed to the Employment Department no later than seven days,
as per sections (3)(a)-(c) of this rule, after the Employment Department
originally sent the paper certification form to the claimant.
(5) The Director may, with respect
to individual claimants or groups of claimants, direct that continued claims be
filed on any reporting schedule appropriate to existing facilities and
conditions.
(6) The provisions of
this rule 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
