Oregon Statutes 657B.410 – Appeals process, generally; process subject to judicial review
(1) The Director of the Employment Department shall establish a process by which:
Terms Used In Oregon Statutes 657B.410
- Benefits: means family and medical leave insurance benefits. See Oregon Statutes 657B.010
- contributions: means the money payments made by any of the following under ORS § 657B. See Oregon Statutes 657B.010
- Covered individual: means any one of the following who qualifies under ORS § 657B. See Oregon Statutes 657B.010
- Employer: means any person that employs one or more employees working anywhere in this state or any agent or employee of such person to whom the duties of the person under this chapter have been delegated. See Oregon Statutes 657B.010
- Medical leave: means leave from work taken by a covered individual that is made necessary by the individual's own serious health condition. See Oregon Statutes 657B.010
- Person: includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies. See Oregon Statutes 174.100
- Tribal government: has the meaning given that term in ORS § 181A. See Oregon Statutes 657B.010
(a) An employer may request a hearing to obtain review of a final decision of the director regarding any of the following:
(A) Approval or denial of an employer’s application for approval of a plan under ORS § 657B.210;
(B) The assessment of penalties under ORS § 657B.925; or
(C) A determination made under ORS § 657B.332.
(b) A covered individual may request a hearing to obtain review of a final decision of the director regarding any of the following:
(A) Approval or denial of a claim submitted to the director for payment of family and medical leave insurance benefits;
(B) The weekly benefit amount payable to a covered individual as determined under ORS § 657B.050;
(C) Matters affecting the covered individual under ORS § 657B.040 or 657B.332; or
(D) Benefit overpayments, including overpayments under ORS § 657B.335.
(c) A self-employed individual or a tribal government may request a hearing to review a final decision of the director regarding elective coverage under ORS § 657B.130.
(d) An employer may request a hearing:
(A) To review a final decision of the director regarding contributions under this chapter;
(B) Regarding decisions of the director regarding penalties under this chapter; or
(C) To review a final decision of the director regarding a grant made available under this chapter.
(2) Notwithstanding ORS § 183.315, the process established by the director under this section shall comply with provisions for a contested case under ORS Chapter 183 and is subject to judicial review as provided in ORS § 183.482.
(3)(a) Notwithstanding any other law, a party to a proceeding described under this section may authorize a legal representative or other person to represent the party in the proceeding in the manner prescribed by the director by rule. A legal representative or other person who is authorized to represent the party in the proceeding must comply with any procedures or process regarding such representation established by the department by rule, including, but not limited to, a rule establishing the maximum amount that the legal representative or other authorized person may charge for such representation.
(b) For purposes of this subsection, ‘person’ includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies, this state and the political subdivisions of this state. [2019 c.700 § 31; 2023 c.120 § 12; 2023 c.292 § 9a]
Section 16 (6) and (7), chapter 292, Oregon Laws 2023, provides:
(6) The amendments to ORS § 657B.410 by section 9a of this 2023 Act apply to hearings regarding final decisions of the Director of the Employment Department occurring on or after January 1, 2023.
(7) The amendments to ORS § 657B.420 by section 10 of this 2023 Act apply to determinations by the department that occurred on or after September 3, 2023. [2023 c.292 § 16(6),(7); 2023 c.292 § 16a(6),(7)]