Current through Register Vol. 63, No. 9, September 1, 2024
(1) As used in House Bill 3483, Enrolled
Oregon 2009 Regular Session, and this rule:
(a) A "high-demand occupation" means one for
which there are, or are expected to be reasonable employment opportunities in
the area, or opportunities to develop a self-employment enterprise, and which
are likely to become full-time endeavors paying at least 110 per cent of the
minimum wage established under ORS
653.025.
(b) "High-demand occupations," as defined in
section (1) of this rule, will be determined by the Oregon Employment
Department Workforce and Economic Research Section. High-demand occupations for
an individual will be based upon the labor market of the individual's permanent
residence.
(c) "Attendance in
economically distressed worker training" means attending training that is the
equivalent of full-time status as defined by the training provider, and which
begins with the starting date of the economically distressed worker training
and ends with satisfactory completion of the training program. The period of
time defined in this subsection includes customary academic recesses for
holidays and between academic terms but does not include the customary academic
summer recess.
(d) "Minimum wage"
as used to determine gainful employment or self employment in HB 3483, Section
1, Subsection 1, is the minimum wage in effect at the beginning of the first
week claimed under this program.
(e) "Minimum wage" as used to calculate an
individual's eligibility for economically distressed worker training in HB
3483, Section 1, Subsection 2 is the highest minimum wage in effect during the
individual's base year.
(f)
"Minimum wage" as used to apply HB 3483, Section 2, is the minimum wage in
effect at the time the work is offered.
(2) Application of Eligibility Criteria.
(a) The Employment Department will make the
determination that an individual meets the definition of economically
distressed worker for purposes of paying benefits under HB 3483. To determine
whether an individual was employed in work paying less than 110 per cent of the
minimum wage during the individual's entire base year, the individual's total
base year wages will be divided by the number of hours the individual worked
during the base year. The result will be compared to 110% of the applicable
minimum wage, as defined in Section (1)(e) of this rule, to determine the
individual's eligibility.
(3) To receive benefits for any week while
attending economically distressed worker training, an economically distressed
worker who is otherwise eligible for unemployment insurance benefits must:
(a) Submit a written application for approval
of economically distressed worker training on forms approved for such purpose
by the Director to the Employment Department within 90 days prior to the start
of training or school; and
(b)
Submit to the Employment Department a timely claim for such week in accordance
with procedures established in OAR
471-030-0045(4);
and
(c) Attend half or more of the
scheduled class days during such week unless the days missed will not prevent
satisfactory completion of the approved economically distressed worker
training.
(4) Decisions
of the Director to approve or disapprove an application for training approval
or to discontinue such approval for one or more weeks during economically
distressed worker training will be issued in accordance with OAR
471-030-0039.
Statutory/Other Authority: ORS
657.610
Statutes/Other Implemented: ORS
657.610 & 2009 HB
3483