OAR 471-030-0083: Employer Penalties

For the purposes of ORS 657.471: (1) A request for information means when the Department asks an employer or its representative to provide the Department with information regarding Unemployment Insurance by: (a) A written notice of claim filing as provided in ORS 657.265, where an individual was discharged, suspended, or voluntarily left work; (b) Any communication made by mail, telephone, or electronically, to an employer or agent of the employer relating to a notice of claim filing as provided in ORS 657.265 regarding an individual’s discharge, suspension, or voluntary leaving work; (c) Any communication made by mail, telephone, or electronically, to an employer or agent of the employer in order for the department to make a determination under ORS 657.215. (2) An employer or agent of the employer has failed to respond timely when they do not respond within the time frame provided by the department to a request for information. (3) An employer or agent of the employer has failed to respond adequately when: (a) The employer or agent of the employer does not respond to a request for information; or (b) The employer or agent of the employer responds to a request for information but provides incomplete or inaccurate information to the questions asked. (4) An employer or agent of the employer has established a pattern when the employer or agent of the employer has failed to respond timely or adequately to the greater of: (a) More than (2%) of the requests for information; or, (b) More than (2) requests for information. (5) For the purposes of this rule, the department will determine if the employer or agent of the employer has established a pattern of failing to respond timely or accurately to requests for information by reviewing requests for information during the previous twelve months ending the month prior to which the decision creating the overpayment of unemployment insurance benefits is issued.