Current through Register Vol. 63, No. 9, September 1, 2024
(1)
(a)
When a claimant files an application for benefits as described in OAR
471-070-1100, which establishes
a new benefit year, the department shall examine the application for benefits
and, on the basis of information available, shall make an initial determination
of:
(A) The total amount of subject wages
paid to the claimant during the base year or alternate base year;
(B) The total taxable income from
self-employment earned by the claimant during the base year or alternate base
year for an individual that has elected coverage under OAR
471-070-2010;
(C) Whether or not the amounts in sections
(1)(a)(A) and (1)(a)(B) of this rule are sufficient to meet the eligibility
requirement under OAR
471-070-1010(1)(b);
and
(D) The claimant's weekly
benefit amount under ORS
657B.050, provided the claimant
is eligible for benefits under section (1)(a)(C) of this rule.
(b) The department's initial
determination shall be applicable to all weeks of the benefit year respecting
which the claim was filed, except that the department's determination may be
amended with respect to any week or weeks of the benefit year as described
under section (2) of this rule.
(c)
The department shall notify the claimant of the initial determination made
under this section.
(2)
(a) A claimant who receives an initial
determination under section (1) of this rule may request that the determination
be amended. Upon receipt of such a request, the department will investigate by
examining records of wages and income submitted to the department by the
claimant, employers, and state agencies in an attempt to verify subject wages
or taxable income from self-employment alleged by the claimant to be missing or
reported incorrectly.
(b) If, as
the result of an investigation, the subject wages or taxable income from
self-employment either make a previously ineligible claimant eligible for
benefits, or increase or decrease the weekly benefit amount of a previously
approved claim, then the department will issue an amended
determination.
(c) The amended
determination shall replace the initial determination made under section (1) of
this rule and shall be applicable to all weeks of the benefit year respecting
which the claim was filed.
(d) If,
as the result of an investigation, all or part of the requested wages or
taxable income from self-employment is not included in the determination, the
department will so notify the claimant by issuing an amended determination or
by affirming the initial determination.
(3) Unless the claimant files a request for
hearing with the department regarding the initial or amended determination, the
determination shall become final once the time for requesting a hearing has
passed. The department shall pay or deny benefits in accordance with the
determination, unless otherwise provided by law. The request for hearing must
be filed not later than 60 calendar days after the delivery of the initial or
amended determination unless the department mails the determination, in which
case the request for hearing must be filed not later than 60 calendar days
after the date the determination is mailed to the last-known address of the
claimant.
Publications: Contact the Oregon Employment Department for
information about how to obtain a copy of the publication referred to or
incorporated by reference in this rule.
Statutory/Other Authority: ORS
657B.340 & ORS
657B.100
Statutes/Other Implemented: ORS
657B.100 &
657B.050
