Bill Text: OR SB110 | 2011 | Regular Session | Enrolled
Bill Title: Relating to the agents of employing units; and declaring an emergency.
Spectrum: Unknown
Status: (Passed) 2011-05-05 - Effective date, May 5, 2011. [SB110 Detail]
Download: Oregon-2011-SB110-Enrolled.html
76th OREGON LEGISLATIVE ASSEMBLY--2011 Regular Session
Enrolled
Senate Bill 110
Printed pursuant to Senate Interim Rule 213.28 by order of the
President of the Senate in conformance with presession filing
rules, indicating neither advocacy nor opposition on the part
of the President (at the request of Governor John A. Kitzhaber
for Employment Department)
CHAPTER ................
AN ACT
Relating to the agents of employing units; amending ORS 657.265,
657.267, 657.269 and 657.295; and declaring an emergency.
Be It Enacted by the People of the State of Oregon:
SECTION 1. ORS 657.265 is amended to read:
657.265. When a claimant files an initial claim or an
additional claim, the Employment Department promptly shall give
written notice of the claim filing to the claimant's most recent
employing unit { + or agent of the employing unit + }. If the
claimant did not receive or will not receive remuneration from
qualifying employment, as described in ORS 657.176, in an amount
greater than or equal to four times the claimant's weekly benefit
amount from the claimant's most recent employing unit, the
Employment Department shall notify the claimant's next previous
employing unit or units { + or agents of the employing unit or
units + } until the Employment Department has notified all of the
claimant's former employing units { + , or the agents of the
employing units, + }that, in the aggregate, have paid or will
pay the claimant remuneration from qualifying employment, as
described in ORS 657.176, in an amount that is equal to or
exceeds four times the claimant's weekly benefit amount.
SECTION 2. ORS 657.267 is amended to read:
657.267. (1) An authorized representative shall promptly
examine each claim for waiting week credit or for benefits and,
on the basis of the facts available, make a decision to allow or
deny the claim. Information furnished by the claimant, the
employer or the employer's agents on forms provided by the
Employment Department pursuant to the authorized representative's
examination
{ - shall - } { + must + } be accompanied by a signed
statement that such information is true and correct to the best
of the individual's knowledge. Notice of the decision need not be
given to the claimant if the claim is allowed but, if the claim
is denied, written notice { - shall - } { + must + } be given
to the claimant. If the claim is denied, the written notice
{ - shall - } { + must + } include a statement of the reasons
for denial, and if the claim is denied under any provision of ORS
657.176, the notice { + must + } also { - shall - } set forth
the specific material facts obtained from the employer and
Enrolled Senate Bill 110 (SB 110-INTRO) Page 1
{ + the employer's agents that are + } used by the authorized
representative to support the reasons of the denial. The written
notice { - shall - } { + must + } state the reasons for the
decision.
(2) If the claim is denied under any provision of ORS 657.176,
written notice of { - such - } { + the + } decision
{ - shall - } { + must + } be given to the employing unit
{ - which - } { + , or to the agent of the employing unit,
that + }, in the opinion of the Director of the Employment
Department, is most directly involved with the facts and
circumstances relating to the disqualification.
(3) Notice of a decision that was wholly or partially based on
information filed with the director in writing within 10 days
after the notice provided for in ORS 657.265 { - shall - }
{ + must + } be given to any employing unit { + or agent of the
employing unit + } that { - has so - } filed { - such - }
{ + the + } information.
(4) If a decision to allow payment made pursuant to this
section does not require notice, that decision may be amended by
an authorized representative. The amendment { - shall - }
{ + must + } be made by written notice { - which provides for
a - } { + informing the recipient of the + } right of appeal
pursuant to ORS 657.269. The amendment must be issued within one
year of the original decision to allow payment, except in cases
of alleged willful misrepresentation or fraud. A decision
requiring notice, made pursuant to this section, may be amended
unless it has become a final decision under ORS 657.269.
SECTION 3. ORS 657.269 is amended to read:
657.269. { + (1)(a) + }Unless the claimant or one of the
employing units { + or agents of the employing units + }
entitled to notice under ORS 657.267 or 657.268 { - within 20
days after delivery of such notice or, if mailed, within 20 days
after the same was mailed to the party's last-known address,
files with the Director of the Employment Department - }
{ + files + } a request for hearing upon the decision { + with
the Director of the Employment Department in a timely manner as
determined under subsection (2) of this section + },
{ - it shall be - } { + the decision is + } final and
benefits { - shall - } { + must + } be paid or denied
{ - in accordance therewith, unless otherwise provided by
law - } { + accordingly + }.
{ + (b) + } If the decision is to allow benefits, the
director shall pay { - such - } { + the + } benefits
regardless of any pending hearing on the claim.
{ + (2) A request for hearing upon the decision under
subsection (1) of this section must be filed within 20 days after
delivery of the notice required under ORS 657.267 or 657.268 or,
if mailed, within 20 days after the notice was mailed to the
party's last-known address. + }
SECTION 4. ORS 657.295 is amended to read:
657.295. (1) Witnesses other than parties subpoenaed
{ - pursuant to - } { + in proceedings involving + }ORS
657.265, 657.266 to 657.269, 657.270 to 657.280 or 657.290 shall
be allowed fees at a rate fixed by the Director of the Employment
Department. { - Such - } Fees and all expenses of proceedings
before the director or the Employment Appeals Board involving
disputed claims, excepting charge for services rendered by
counsel or other agent representing the claimant, employer or
other interested person, are deemed a part of the expense of
administering this chapter, and { - no - } { + an + }
Enrolled Senate Bill 110 (SB 110-INTRO) Page 2
individual claiming benefits { - shall - } { + may not + } be
charged fees of any kind in any proceedings under this chapter by
the director or representatives of the director.
(2) Notwithstanding any other law, a person in any proceeding
before the director or Employment Appeals Board may be
represented by counsel or other agent authorized by such person.
No { - such - } counsel or agent representing an individual who
is claiming benefits shall charge or receive for { - such - }
{ + the + } services more than an amount approved by the
director. As used in this subsection, ' person' has the meaning
defined in ORS 174.100 and also includes this state and all
political subdivisions { - therein - } { + of this state + }.
SECTION 5. { + This 2011 Act being necessary for the immediate
preservation of the public peace, health and safety, an emergency
is declared to exist, and this 2011 Act takes effect on its
passage. + }
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Passed by Senate February 28, 2011
.............................................................
Robert Taylor, Secretary of Senate
.............................................................
Peter Courtney, President of Senate
Passed by House May 2, 2011
.............................................................
Bruce Hanna, Speaker of House
.............................................................
Arnie Roblan, Speaker of House
Enrolled Senate Bill 110 (SB 110-INTRO) Page 3
Received by Governor:
......M.,............., 2011
Approved:
......M.,............., 2011
.............................................................
John Kitzhaber, Governor
Filed in Office of Secretary of State:
......M.,............., 2011
.............................................................
Kate Brown, Secretary of State
Enrolled Senate Bill 110 (SB 110-INTRO) Page 4
