Or. Admin. Code § 471-070-8005

Current through Register Vol. 63, No. 12, December 1, 2024

Section 471-070-8005 - Appeals: Request for Hearing

(1) A request for hearing may be filed on forms provided by the department. Use of the form is not required provided the party specifically requests a hearing or otherwise expresses a present intent to appeal and it can be determined what issue or decision is being appealed.

(2) A claimant's request for hearing on an administrative decision related to Paid Family and Medical Leave Insurance (PFMLI) benefits under ORS chapter 657B and applicable administrative rules must be in writing and filed within 60 calendar days after the administrative decision is issued and may be filed:

(a) By mail, email, or other means, as designated by the department in the notice of administrative decision that is being appealed;

(b) In person at any publicly accessible Employment Department office in Oregon; or

(c) By a method approved by the department, including use of the department's secured website, as provided on the notice of administrative decision that is being appealed.

(3) An employer, self-employed individual, or tribal government's request for hearing on an administrative decision related to PFMLI contributions, employer assistance grants, equivalent plans, or penalties under ORS chapter 657B and applicable administrative rules, must be in writing and filed within 20 calendar days after the administrative decision is issued. The request for hearing may be filed:

(a) By mail, email, or other means, as designated by the department in the notice of administrative decision that is being appealed;

(b) In person at any publicly accessible Employment Department office in Oregon; or

(c) By a method otherwise approved by the department, including through the use of the department's secured website, as provided on the notice of administrative decision that is being appealed.

(4) The filing date for any request for hearing shall be determined as follows:

(a) When delivered in person to any Employment Department office in Oregon, the filing date is the date of delivery to the department, as evidenced by the receipt date stamped or written by the department employee who receives the document.

(b) When filed by mail, the date of filing is the postmarked date affixed by the United States Postal Service. In the absence of a postmark date, the date of the response shall be the most probable date of mailing as determined by the department.

(c) When filed by email, the date of filing is the date of delivery, as evidenced by the receipt date on the department's email system.

(d) When filed through the department's secured website, the date of filing is the date indicated in OAR 471-070-0850(3).

(e) When filed by any other means, the date of filing is the date of delivery, as evidenced by the receipt date stamped or written by the employee of the department who receives the document.

(5) In computing the period of time by which a party must submit an appeal, the day the administrative decision is issued shall not be counted. The last day of the time period shall be included, unless it is a scheduled day of office closure, in which case the time period extends to the next day the office is open. Scheduled days of office closure include, but are not limited to, Saturdays, Sundays, and legal holidays identified in ORS 187.010 and 187.020.

(6) A request for hearing with respect to a claim for benefits shall not stay the payment of any benefits not placed in issue by the request for hearing, nor shall it stay an order previously entered allowing benefits.

Or. Admin. Code § 471-070-8005

ED 15-2022, adopt filed 11/23/2022, effective 11/23/2022; ED 5-2024, amend filed 07/30/2024, effective 8/1/2024

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

Statutes/Other Implemented: ORS 657B.410, ORS 187.010 & 187.020