OAR 471-030-0220: Economically Distressed Worker Training

(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.