Or. Admin. Code § 471-070-1410

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-1410 - Benefits: Initial and Amended Monetary Determinations

(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.

Or. Admin. Code § 471-070-1410

ED 13-2022, adopt filed 11/04/2022, effective 11/4/2022

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