Current through Register Vol. 63, No. 12, December 1, 2024
(1) A
Request for hearing may be filed on forms provided by the Employment Department
or similar offices in other states. Use of the form is not required provided
the party specifically requests a hearing or otherwise expresses a present
intent to appeal and it can be determined what issue or decision is being
appealed.
(2) A request for hearing
on an administrative decision related to the payment or amount of unemployment
insurance benefits may be filed:
(a) By mail,
fax, e-mail, or other means as designated by Employment Department
with
the appealable document; or
(b) In person at any publicly accessible
Employment Department office in Oregon.
(3) A request for hearing on an
administrative decision related to unemployment insurance taxes pursuant to ORS
657.683,
657.663,
657.485, and
657.457, must be in writing and
may be filed:
(a) By mail or by fax with any
Employment Department UI Center or UI Tax Section office in Oregon;
(b) In person at any publicly accessible
Employment Department office in Oregon;
(c) By e-mail to the Employment Department's
e-mail address as provided on the appealable document; or
(d) Through the use of the Employment
Department's secured website as provided on the appealable document.
(4) The filing date for any
request for hearing shall be determined as follows:
(a) When delivered in person to any
Employment Department office in the state of Oregon, the date of delivery, as
evidenced by the receipt date stamped or written by the agency employee who
receives the document, shall be the date of filing.
(b) When filed by mail, the date of filing
shall be the postmarked date affixed by the United States Postal Service or, in
the absence of a postmarked date, the most probable date of mailing.
(c) When filed by fax, the date of filing
shall be the encoded date on the fax document unless such date is absent,
illegible, or improbable, in which case the fax receipt date stamped or written
by the agency employee, if available, shall be the date of filing. If a filing
date cannot otherwise be determined, the most probable date of faxing shall be
the date of filing.
(d) When filed
by e-mail, the date of filing shall be the date of delivery, as evidenced by
the receipt date on the Employment Department's e-mail system, according to
Pacific Time.
(e) When filed
through the secured website, the date of filing shall be the date indicated in
the confirmation e-mail sent to the requestor by the Employment Department,
according to Pacific Time.
(f) When
filed by any other means, the date of filing shall be the date of delivery, as
evidenced by the receipt date stamped or written by the employee of the
Employment Department who receives the document.
(5) A request for hearing with respect to a
claim for benefits shall not stay the payment of any benefits not placed in
issue by the request for hearing, nor shall it stay an order previously entered
allowing benefits.
(6) This rule is
effective for all hearing requests filed after the effective date of this
rule.
Statutory/Other Authority: ORS
183.335,
657.260,
657.265 -
657.270,
657.335,
657.610 & OL 1993 & Ch.
729
Statutes/Other Implemented: ORS
657.280,
657.610 &
657