OAR 436-105-0560: Sanctions

(1) Penalties for false statement or report or misrepresentation. Any person who knowingly makes a false statement or misrepresentation to the director or an employee of the director for the purpose of obtaining any benefits or reimbursement from the Employer-at-Injury Program, or who knowingly misrepresents the amount of a payroll or knowingly submits a false payroll report, is subject to penalties under ORS 656.990. (2) Reasons for sanction. Reasons for the director to sanction an insurer, self-insured employer, employer, or their representative include, but are not limited to: (a) Misrepresenting information in order to receive Employer-at-Injury Program assistance; (b) Making a serious error or omission that resulted in the director approving reimbursement in error; (c) Failing to respond to employer requests for assistance or failing to administer Employer-at-Injury Program assistance; or (d) Failing to comply with any condition in these rules. (3) Possible sanctions. The director may order one or more of the following sanctions: (a) Ordering the person to take corrective action within a specific period of time; (b) Ordering the person being sanctioned to repay the department all, or part, of the moneys reimbursed, with or without interest at a rate set by the department; (c) Ending the employer’s eligibility to use the Employer-at-Injury Program for a specific period of time; or (d) Pursuing civil penalties under ORS 656.745 or criminal action against the party.