Oregon Statutes 657B.920 – Penalty when employer fails to file reports; amount of penalty; request for deletion of penalty
(1) If an employer fails to file a combined quarterly report of wages earned and contributions paid under ORS § 657B.150 by the 10th day of the second month following the end of the calendar quarter, the Director of the Employment Department, for the first such failure, shall send to the employer at the employer’s last known address a written notice warning the employer that a subsequent failure to file a report could result in the imposition of a late filing penalty.
Terms Used In Oregon Statutes 657B.920
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- contributions: means the money payments made by any of the following 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
- Wages: has the meaning given that term in ORS § 657. See Oregon Statutes 657B.010
(2) If an employer, without good cause, fails to file a timely report within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section, the employer may be assessed a late filing penalty in addition to other amounts due.
(3) Except as provided in subsection (4) of this section, a penalty assessed under subsection (2) of this section shall be 0.02 percent of the wages of the employer’s employees rounded to the nearest $100.
(4) A penalty assessed under subsection (2) of this section for an employer who has no employees during the calendar quarter to which a quarterly report relates shall be as follows:
(a) $10 for the first report filed late within the three-year period immediately following a written notice sent pursuant to subsection (1) of this section.
(b) $25 for the first report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(c) $50 for the second report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(d) $100 for the third or subsequent report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.
(5)(a) A penalty assessed under this section is final unless, within 20 days after the date the assessment is mailed to the last known address of the employer, the employer requests that the penalty be deleted. The request must be in writing and state the reason why the report was filed late.
(b) If the director determines that the employer had good cause for filing the report late, the penalty shall be deleted. If it is determined there was not good cause for filing the report late, the request for deletion shall be denied.
(6)(a) A determination denying the request for deletion is final unless, within 20 days after the date the determination is mailed to the last known address of the employer, the employer files a request for hearing. The request for hearing must be in writing and state the reasons why the determination should not be affirmed.
(b) Judicial review of the determination of denial shall be as provided for review of orders in contested cases in ORS Chapter 183, except that the request for hearing must be filed within 20 days after the issuance of the determination of the director or a designated representative. [2019 c.700 § 27]