Current through Register Vol. 63, No. 9, September 1, 2024
(1) An
authorized representative of the Employment Department shall determine the
number of weeks of disqualification under ORS
657.215 according to the
following criteria:
(a) When the
disqualification is imposed because the individual failed to accurately report
work and/or earnings, the number of weeks of disqualification shall be
determined by dividing the total amount of benefits overpaid to the individual
for the disqualifying act(s), by the maximum Oregon weekly benefit amount in
effect during the first effective week of the initial claim in effect at the
time of the individual's disqualifying act(s), rounding off to the nearest two
decimal places, multiplying the result by four rounding it up to the nearest
whole number.
(b) When the
disqualification is imposed because the disqualifying act(s) under ORS
657.215relates to the provisions of 657.176, the number of weeks of
disqualification shall be the number of weeks calculated in the same manner as
under subsection (a) above, or four weeks, whichever is greater.
(c) When the disqualification is imposed
because the disqualifying act(s) relates to the provisions of ORS
657.155(other than work and/or
earnings), the number of weeks of disqualification shall be the number of weeks
calculated in the same manner as under subsection (a) above, or the number of
weeks in which a disqualifying act(s) occurred, whichever is greater.
(d) When the disqualification is imposed
because the disqualifying act(s) under ORS 657.215relates to the provisions of
657.176 and a failure to accurately report work and/or earnings, the number of
weeks of disqualification shall be the number of weeks calculated in the manner
set forth in subsection (a) plus four weeks.
(e) When the disqualification is imposed
because the disqualifying act(s) relates to the provisions of ORS
657.155 (other than work and/or
earnings) and a failure to accurately report work and/or earnings, the number
of weeks of disqualification shall be the number of weeks calculated in the
manner set forth in subsection (a) plus the number of weeks in which a
disqualifying act(s) occurred relating to the provisions of 657.155 (other than
work and earnings).
(2)
The number of weeks of disqualification assessed under section (1) of this rule
shall be doubled, but not to exceed 52 weeks, if the individual has one
previous disqualification under ORS
657.215, and that prior
disqualification determination has become final.
(3) Notwithstanding sections (1) and (2) of
this rule, the number of weeks of disqualification under ORS
657.215 shall be 52 weeks if:
(a) The disqualification under ORS
657.215 is because the
individual committed forgery; or
(b) The individual has two previous
disqualifications under ORS
657.215, and those prior two
disqualification determinations have become final.
(4) Notwithstanding sections (1), (2) and
(3), an authorized representative of the Employment Department may determine
the number of weeks of disqualification according to the circumstances of the
individual case, but not to exceed 52 weeks.
(5) All disqualifications imposed under ORS
657.215 shall be served
consecutively.
(6) Any week of
disqualification imposed under ORS
657.215 may be satisfied by
meeting all of the eligibility requirements of Chapter 657, other than
657.155(1)(e).
(7) The department
will review the number of occurrences of misrepresentation when applying the
penalty as described in ORS
657.310(2). An
occurrence shall be counted each time an individual willfully makes a false
statement or representation, or willfully fails to report a material fact to
obtain benefits. The department shall use the date the individual failed to
report a material fact or willfully made a false statement as the date of the
occurrence. For an individual subject to disqualification by administrative
action under 657.215, the penalty will be:
(a) For the first or second occurrence within
5 years of the occurrence for which a penalty is being assessed, 15 percent of
the total amount of benefits the individual received but to which the
individual was not entitled.
(b)
For the third or fourth occurrence within 5 years of the occurrence for which a
penalty is being assessed, 20 percent of the total amount of benefits the
individual received but to which the individual was not entitled.
(c) For the fifth or sixth occurrence within
5 years of the occurrence for which a penalty is being assessed, 25 percent of
the total amount of benefits the individual received but to which the
individual was not entitled.
(d)
For the seventh or greater occurrence within 5 years of the occurrence for
which a penalty is being assessed, 30 percent of the total amount of benefits
the individual received but to which the individual was not entitled.
(e) In cases of forgery or identity theft, 30
percent of the amount of benefits the individual received but to which the
individual was not entitled.
(8)
(a)
Under ORS 657.215, the Director or an
authorized representative of the Employment Department may determine it is
proper and equitable to cancel the disqualification if:
(A) All benefits, interest, penalties, fees,
and court costs have been paid in full;
(B) Three or more years have passed since the
decision assessing the number of weeks of disqualification was issued;
and
(C) The department has issued
only one decision assessing weeks of disqualification to the individual within
the last 10 years from the date of the request to cancel.
(b) For the purposes of the section (c) of
this rule, an "occurrence" is each time an individual willfully makes a false
statement or representation, or willfully fails to report a material fact to
obtain benefits within the same willful misrepresentation decision.
(c) The Director or an authorized
representative of the Employment Department shall determine the amount of weeks
applicable for cancellation under ORS
657.215 according to the
following criteria:
(A) The individual has
satisfied the requirements of subsection (a);
(B) When the individual has committed one
occurrence of violating ORS 657.215within the same willful misrepresentation
decision, the director may cancel the remaining weeks of disqualification in
whole.
(C) When the individual has
committed two occurrences of violating ORS
657.215 within the same willful
misrepresentation decision, the director may cancel half the weeks of
disqualification.
(D) When the
individual has committed three or more occurrences of violating ORS
657.215 within the same willful
misrepresentation decision or the disqualification under 657.215 is because the
individual committed forgery, weeks of disqualification shall not be
cancelled.
(d) Weeks of
disqualification served prior to the request for cancellation shall not be
cancelled.
Statutory/Other Authority: ORS
657.610 &
657.155
Statutes/Other Implemented: ORS
657.155,
657.215 &
657.310
