The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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EMPLOYMENT DEPARTMENT









 

DIVISION 20
EMPLOYMENT SERVICES

471-020-0010
Definitions
As used in OAR 471-020-0010 to 471-020-0035,
unless the context requires otherwise:
(1) “Accepted”
means a job listing is reviewed and managed by authorized Employment Department
or partner staff.
(2) "Active Status" means
a period beginning when an individual is eligible to receive and is being paid unemployment
insurance benefits pursuant to OAR 471-030-0036, and ending at Saturday midnight
of the third week following the week in which the most recent benefit payment was
issued to the individual.
(3) "Enrollment" means entry
of information provided under ORS 657.159, 657.715, 657.720 or OAR 471-020-0020
into the Business & Employment Services online job match system.
(4) "Job attached" means:
(a) An individual with a
definite return-to-work date; or
(b) An individual who obtains
all work assignments through a closed union hiring hall.
(5) "Matching process" means
the process of comparing an individual's knowledge, skills and abilities for referral
to an employer's job opening.
(6) "Qualified" means the
individual's skills and experience meet or exceed the employer's job requirements.
(7) "Profiled" means the
application of a ranking system, using criteria established in OAR 471-030-0034,
to establish the relative likelihood of a claimant exhausting the maximum benefit
amount available in a benefit year.
(8) "Reemployment Services"
may include any of the services listed in ORS 657.156(1)(b) and includes subsidized
employment.
(9) “Stream”
means an electronic transfer or exchange of information or data.
(10) "Subsidized" means a
job listing or employment that meets the requirements of ORS 411.892.
(11) "Suitable" means the
factors listed in ORS 657.190 and 657.195.
Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.156
& 657.159
Hist.: ED 1-1999(Temp), f.
& cert. ef. 1-8-99 thru 7-6-99; ED 4-1999, f. 6-29-99, cert. ef. 7-4-99; ED
6-2004, f. 8-5-04 cert. ef. 8-8-04; ED 8-2005, f. 12-23-05, cert. ef. 12-25-05;
ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13; Administrative correction,
2-5-14; ED 3-2014, f. 2-27-14, cert. ef. 2-28-14
471-020-0020
Claimant Reemployment Services
(1)(a) Except for individuals identified in OAR 471-020-0021, all unemployment insurance claimants shall submit such information as may be required by the Oregon Employment Department to carry out job placement services for the individual including, but not limited to, the individual's job qualifications, training and experience. Such information shall be entered into the Business & Employment Services online job match system concurrent with, or as soon as possible following, the filing of an initial claim for unemployment insurance benefits. Entry of this information shall constitute enrollment.
(b) Individuals identified in OAR 471-020-0021 shall be provided information about accessing reemployment services and may volunteer for placement in subsidized JOBS Plus employment pursuant to subsection (5) of this rule.
(2) All unemployment insurance claimants are provided access to reemployment services.
(a) Following enrollment, all unemployment insurance claimants who are not job attached shall be profiled in accordance with the provisions of ORS 657.156 to identify claimants who are likely to exhaust benefits. Local Employment Department offices shall be provided a list of profiled claimants. Profiled claimants shall be considered for reemployment services in rank order, as resources permit.
(b) Any unemployment insurance claimant shall be selected for reemployment services, as resources permit, if the individual:
(A) Appears on the list of profiled claimants; or
(B) Appears on the list of claimants who have claimed benefits for eight consecutive weeks.
(3) Except for individuals identified in OAR 471-020-0021, the Employment Department shall use the matching process to refer claimants, who are not job attached, to available, suitable subsidized and unsubsidized job listings. A claimant matched to a job listing shall be referred, subject to any applicable state or federal requirements and the employer's referral requirements, to the employer filing the job listing if the claimant is among the qualified job seekers matched to the job listing and the job is determined to be suitable for the claimant.
(4) All unemployment insurance claimants, who are not job attached, shall continue to be matched and referred to available, suitable subsidized and unsubsidized openings while in active status.
(5) All unemployment insurance claimants, whether job attached or not, may volunteer for placement in subsidized JOBS Plus employment. Any claimant volunteering for subsidized employment shall be promptly referred to any employer offering available, suitable subsidized employment.
Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.155, ORS 657.156 & ORS 657.159

Hist.: ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99; ED 4-1999, f. 6-29-99, cert. ef. 7-4-99; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
471-020-0021
Exemptions from Enrollment
The following unemployment insurance claimants are not required to submit registration information to the Employment Department for job placement purposes:
(1) Individuals claiming benefits as interstate liable claimants against the State of Oregon;
(2) Individuals on a temporary mass layoff from a single employer.
(3) Individuals claiming benefits through an approved shared work plan under the provisions of ORS 657.380;
(4) Individuals claiming benefits for partial unemployment under the provisions of OAR 471-030-0060; and
(5) Individuals who are members in good standing of a union that does not allow members to seek non-union work.
Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.155, 657.156 & 657.159

Hist.: ED 4-1999, f. 6-29-99, cert. ef. 7-4-99; ED 1-2006. f. 1-5-06, cert. ef. 1-8-06
471-020-0025
Self-employment Assistance Program
(1) As used in ORS 657.158(1)(b), "entrepreneurial training" means training that will develop skills in organizing, operating, and assuming the risk for a business venture.
(2) As used in ORS 657.158(3)(d), "full-time basis" means 40 hours each week.
(3) Any individual eligible for "regular benefits," as defined in ORS 657.158(1)(a), can request to participate in self-employment assistance activities in accordance with ORS 657.158.
(4) Any individual submitting an Application Form to participate in the Self-employment Assistance Program agrees to:
(a) Meet the terms and conditions of ORS 657.156 and 657.158, and OAR 471-030-0034;
(b) Obtain any necessary occupational certifications prior to submitting the Application Form. The Director may waive this requirement when such requirement would be inconsistent with the policy set forth in ORS 657.158; and
(c) Affirm that they are able to complete their initial business plan within a reasonable time, as determined by the local Oregon Small Business Development Center Network representative, in consultation with the Employment Department.
(5) All applications for the Self-employment Assistance Program must:
(a) Be for a business that is legal to operate under Oregon law;
(b) Be for a business that the individual is legally able to operate under Oregon law;
(c) Be for a business that has been reviewed for feasibility by the local Oregon Small Business Development Center Network representative, in consultation with the Employment Department.
Stat. Auth.: ORS 657.610, 657.158 & 657

Stats. Implemented: ORS 657.158

Hist.: ED 5-2005, f. 7-15-05, cert. ef. 7-17-05
471-020-0030
JOBS Plus Program
(1) As used in ORS 657.925, "JOBS Plus Program" means the processes used and services provided pursuant to OAR 471-020-0020, ORS 657.925 and 411.892.
(2) As used in ORS 657.925, "job referral process" means the processes set forth in ORS 657.159 and OAR 471-020-0020.
(3) As used in ORS 657.925, an "unemployment insurance recipient" is an individual who:
(a) Is an Oregon resident;
(b) Has a current Oregon benefit year as defined in ORS 657.010(3), or is being paid benefits provided for by Oregon or federal law extending such benefit year;
(c) Has a balance remaining on the current Oregon benefit year, or is being paid benefits provided for by Oregon or federal law extending such benefit year;
(d) Was paid benefits under ORS 657.155 for the most recent week claimed; and
(e) Is in active status as defined in OAR 471-020-0010.
(4) As used in ORS 657.925(6), "at the time of application" means:
(a) If filing in person at a local field office, the process of filling out the forms necessary to file an initial claim for Unemployment Insurance benefits; or
(b) If filing by a method other than filing in person at a local field office, the process of filling out and submitting the forms necessary to file an initial claim for Unemployment Insurance benefits, including, but not limited to, receiving a written claim determination.
(5) As used in ORS 657.925(6) "reviewing the recipient for referral" means the employment services processes outlined in OAR 471-020-0010 through 471-020-0021.
(6) As used in ORS 657.925(6), "reassess the recipient's reemployability" means the process of determining if the Department should refer an unemployment insurance recipient, including those unemployment insurance recipients that are considered "job attached" as defined in OAR 471-020-0010(3), to suitable work under ORS 657.
(7) As used in ORS 411.892(13), "employment development plan" means the claimant reemployment and worker profiling processes used by the Employment Department, including the Individual Service Plan processes.
(8) An unemployment insurance recipient must meet the eligibility criteria set forth in section (3) above:
(a) On the date of referral to a JOBS Plus Program position; and
(b) On the date of hire into a JOBS Plus Program position.
(9) If an unemployment insurance recipient accepts a JOBS Plus Program subsidized position, that individual's participation in the JOBS Plus Program ends when the individual leaves or completes the JOBS Plus Program subsidized position.
(10) If an unemployment insurance recipient has not accepted a JOBS Plus Program subsidized position, that individual's participation in the JOBS Plus Program ends when the individual no longer meets the criteria set forth in section (3) above.
(11) As used in ORS 657.925, an unemployment insurance recipient has been referred to the JOBS Plus Program when the recipient has been advised of the mandatory requirements contained in and the availability of services set forth in OAR 471-020-0020, ORS 657.925, and 411.892.
(12) As used in ORS 411.892(2), "jobs made available to program participants" refers to subsidized positions, which may include:
(a) A recurring training position, provided that the unemployment insurance recipient is aware that the position is a recurring training position, the recurring training position does not displace a regular employee or fill otherwise unfilled positions previously established by the employer; or
(b) A temporary or limited duration position, provided that the unemployment insurance recipient is aware that the position is a temporary or limited duration position, the temporary or limited duration position does not displace a regular employee or fill unfilled positions previously established by the employer.
(13) As used in ORS 411.892(1), an employer may be disqualified from participating in an Employment Department JOBS Plus Program Work Site Agreement when:
(a) The employer fails to follow the terms of a Work Site Agreement entered into with the Employment Department. In all such cases, the Employment Department shall:
(A) Contact the employer regarding the alleged violation of the Work Site Agreement;
(B) Investigate the alleged violation of the Work Site Agreement; and
(C) Send the employer a written determination stating the results of the investigation, and the employer's right to request a review of the determination.
(b) Authority to disqualify employers from participating in an Employment Department JOBS Plus Program Work Site Agreement shall reside with the Director, the Deputy Director, or the designated Assistant Director for Field Services.
(14) As used in ORS 411.892(1), an employer may be excluded for a period of up to three years from participation in the Employment Department's JOBS Plus Program when:
(a) The employer fails to abide by program requirements, including a pattern of disqualifications from Work Site Agreements entered into with the Employment Department; a pattern of terminating participants prior to completion of training; or otherwise demonstrates unwillingness to comply with the stated intent of the program. In all such cases, the Employment Department shall:
(A) Contact the employer regarding the alleged violation of the program;
(B) Investigate the alleged violation of the program; and
(C) Send the employer a written determination stating the results of the investigation, and the employer's right to request a review of the determination.
(b) Authority to exclude employers from participating in the Employment Department's JOBS Plus Program, including the authority to exclude an employer immediately, shall reside with the Director, the Deputy Director, or the Assistant Director For Business And Employment Services.
Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.156, ORS 657.159 & ORS 657.925

Hist.: ED 1-1999(Temp), f. & cert. ef. 1-8-99 thru 7-6-99; ED 4-1999, f. 6-29-99, cert. ef. 7-4-99; ED 8-2001, f. 6-29-01, cert. ef. 7-1-01 thru 12-28-01; ED 16-2001, f. 12-19-01, cert. ef. 12-23-01; ED 1-2002(Temp), f. 1-11-02, cert. ef. 1-13-02 thru 7-12-02; ED 3-2002, f. 4-19-02, cert. ef. 4-21-02; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04
471-020-0035
Job Listings
(1) All job listings accepted by authorized
Employment Department or partner staff must:
(a) Be for an identifiable
current job opening, or an identifiable future job opening;
(b) Establish an employer-employee
relationship;
(c) Pay at least minimum
wage, unless exempted by state or federal law; and
(d) Not contain terms or
conditions of employment contrary to state or federal law.
(2) The Employment Department
will not list job listings replacing workers that are out of work due to a labor
dispute, as defined in OAR 471-030-0097.
(3) No job listing will be
accepted that charges a fee to candidates, unless:
(a) The fee is for a drug
test and is charged only to individuals who have been offered work contingent on
passing the drug test;
(b) The fee is for a physical
examination to determine that the job offered is within the physical capabilities
of the applicant and is only charged to individuals who have been offered work contingent
upon passing the physical examination; or
(c) The fee is for a license,
test or check (such as a background check) that is required by statute or law and
is charged only to individuals who have been offered work contingent on obtaining
the required license or passing the required test or check.
(4) Unless the conditions
of any job listing can reasonably be shown to be a "bona fide occupational requirement"
(BFOQ), as determined by the Department, all employers making use of the Employment
Department's job listing system will abide by all state and federal laws relating
to Equal Employment Opportunity, including prohibition against discrimination.
(5) Job listings streamed
from outside sources that are not staff accepted may be immediately made available
to customers. If any of these listings are found to be out of compliance with Federal
and State laws and rules, the agency will take necessary action to remedy.
(6) The Employment Department
shall evaluate all requests to accept job listings streamed from outside sources.
If the agency finds a request to be viable, the agency shall enter in a written
agreement prior to data exchange.
(7) Subsections (1), (5)
and (6) of this rule shall apply retroactively, beginning January 1, 2014.
Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.610
& 657.705 - 657.725
Hist.: ED 3-2003, f. 2-14-03,
cert. ef. 2-16-03; ED 6-2003, f. 4-25-03, cert. ef. 4-27-03; ED 6-2004, f. 8-5-04
cert. ef. 8-8-04; ED 1-2013(Temp), f. & cert. ef. 7-16-13 thru 12-31-13; Administrative
correction, 2-5-14; ED 3-2014, f. 2-27-14, cert. ef. 2-28-14
471-020-0040
Discontinuation and Reinstatement of Services To An Employer
(1) The Employment Department may initiate discontinuance of service to an employer who:
(a) Refuses to alter or withdraw job listings containing specifications that are contrary to employment-related law;
(b) Refuses to provide assurances that the jobs offered (and not withdrawn) are in compliance with employment-related laws;
(c) Misrepresents the terms or conditions of employment, or fails to comply fully with assurances made on job listings;
(d) Is found by final determination of an enforcement agency to be in violation of an employment-related law and the Employment Department has been notified of this final determination;
(e) Has violated Employment Department regulations;
(f) Refuses to accept qualified workers referred through the Agricultural Recruitment System;
(g) Refuses to cooperate in the conduct of field checks resulting from referrals on Agricultural Recruitment System listings; or
(h) Repeatedly causes the field office to initiate discontinuation of service procedures.
(2) For employers who are alleged to have not complied with the terms of the temporary labor certification, the Employment Department shall notify the Department of Labor's Regional Administrator of the alleged non-compliance for investigation and pursuant to § 655.210 consideration of ineligibility for subsequent temporary labor certification.
(3) If services are to be discontinued, a notification shall be sent to the employer. The notification may inform the employer of immediate denial of services pending investigation of allegations if, in the judgment of the Department, continuation of services during the investigation would cause substantial harm to a significant number of workers. In all other cases, the notification will inform the employer that services will be discontinued in twenty working days unless the employer:
(a) Provides sufficient evidence that contradicts the finding of a violation; or
(b) Provides assurances that future actions will be in compliance with the appropriate employment related laws.
(4) The notification from the Employment Department will state that the employer has the right to request a hearing before a hearing officer within the same twenty working days. The option to request a hearing is not available when stoppage of service is the result of final determination by an enforcement agency.
(5) The Employment Department may reinstate service to an employer:
(a) When the Department accepts the employer's presentation of:
(A) Evidence that the policies, procedures, or conditions that led to the discontinuation of services have been corrected and are not likely to recur; or
(B) Evidence that the employer has responded adequately to enforcement agency findings;
(b) Upon the order of an administrative law judge to reinstate service; or
(c) The employer is reinstated by order of the Department of Labor's Regional Administrator or Federal Administrative Law Judge following a hearing.
Stat. Auth.: ORS 657.610

Stats. Implemented: ORS 657.610 & ORS 657.705 - ORS 657.725

Hist.: ED 3-2003, f. 2-14-03, cert. ef. 2-16-03; ED 6-2004, f. 8-5-04 cert. ef. 8-8-04

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