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News Release
Oregon Employment Department - Amendment to Oregon Administrative Rule Chapter 471, Division 41 - 03/11/19

The Employment Appeals Board (EAB) is amending Oregon Administrative Rules 471-041-0050, 471-041-0060, 471-041-0065, 471-041-0070, 471-041-0075, 471-041-0080, 471-041-0090, 471-041-0100, and 471-041-0145, which set forth the rules applicable to EAB’s review of unemployment insurance benefits orders issued by the Office of Administrative Hearings, define terms, and establish procedures. The proposed amendments will expand parties’ filing options, remove procedural barriers to EAB’s review of parties’ arguments and reconsideration requests, establish objective standards, and bring transparency to some of EAB’s discretionary functions. In order to ensure that EAB’s processes are as objective and transparent as possible, EAB is:

  1. Updating terminology to be consistent with how the Office of Administrative Hearings refers to its unemployment insurance benefits orders, to make it easier for parties to access EAB review and understand instructions and references pertaining to EAB review;
  2. Expanding the methods by which parties may file applications for review and written arguments to include email and other electronic means;
  3. Defining filing dates for the new filing methods;
  4. Simplifying filing date definitions for existing filing methods;
  5. Aligning EAB filing procedures and definitions with those used by the Employment Department and Office of Administrative Hearings earlier during the unemployment insurance benefits appeals process to make it easier for parties to access EAB review;
  6. Removing procedural barriers to EAB’s consideration of parties’ written arguments and requests for reconsideration;
  7. Establishing objective standards and transparency of decision-making with respect to EAB’s consideration of additional evidence and written argument extension requests;
  8. Clarifying the process applicable to applications for review filed by individuals who failed to appear at the unemployment insurance hearing but whose requests for hearing were not dismissed because of their failure to appear; and
  9. Updating and clarifying what EAB must include in EAB decisions.

These changes to not diminish or limit the right to due process UI benefit recipients, employers, or the agency have in requesting EAB review of an unemployment insurance hearing order.

Click here for a copy of the Notice of Proposed Rulemaking, which includes the Statement of Need and Fiscal Impact, and the proposed amended rule text.

Written comments may be submitted via e-mail to ules@oregon.gov">OED_Rules@oregon.gov by Friday, April 26, 2019 at 5:00 p.m. All comments received will be given equal consideration before the department proceeds with the permanent rulemaking.       

For more information on this, and other Employment Department Administrative Rules, visit our website: http://www.oregon.gov/EMPLOY/Agency/Pages/OED_Administrative_Rules.aspx

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