OAR 839-001-0770: Violations of ORS 652.710(10) and (3) for Which a Civil Penalty May Be Assessed

Pursuant to ORS 652.710(4), the Commissioner may assess a civil penalty for violations of 652.710(1) and (3) as follows: (1) Violations of ORS 652.710(1): (a) Failure of the employer to keep trust funds in accounts separate of other accounts maintained by the employer; (b) Failure of the employer to promptly pay the trust funds over to the contractor pursuant to a contract for health care services; (c) Allowing trust funds to become part of the employer’s assets. (2) Violations of ORS 652.710(3): (a) Failure to deliver the notification required in ORS 652.710(3) to each employee covered by the terminated group health insurance policy in person or by delivering the notice by mail to the employee’s home address; (b) Failure to deliver the notice no later than ten (10) working days to each employee after the employer has received notice from the contractor or insurer pursuant to ORS 743.560; (c) Failure to provide in the notice to each employee the information required in OAR 839-001-0720(6).