2011 ORS § 657.681¹
Computation and assessment of employer contributions and interest
  • jeopardy assessments
  • application for hearing

(1) If an employer files a report for the purpose of determining the amount of contributions due under this chapter but fails to pay contributions or interest, the Director of the Employment Department or authorized representative may assess the amount of contributions or interest due on the basis of the information submitted and shall give written notice of the assessment to the employer mailed to the employers last-known address of record with the director. In the event that such report is subsequently found to be incorrect additional assessments may be made, subsection (5) of this section to the contrary notwithstanding.

(2) If an employer fails to file a report when required by the director for the purpose of determining the amount of contribution due under this chapter, the director or authorized representative may make an estimate based upon any information of the amount of wages paid for employment in the period or periods for which no report was filed and upon the basis of such estimate shall compute and assess the amount of employer contributions payable by the employer. Written notice of the assessment to the employer shall be mailed to the employers last-known address of record with the director.

(3) If the director or authorized representative is not satisfied with a report made by an employer for the purpose of determining the amount of contribution due under this chapter, the director or authorized representative may compute the amount required to be paid upon the basis of facts contained in the report or upon the basis of any information obtainable and may make an assessment of the amount of the deficiency. Written notice of such deficiency assessment to the employer shall be mailed to the employers last-known address of record with the director.

(4) If the director or authorized representative has reason to believe that an employer or person liable under ORS 657.516 (Liability of certain officers, members, partners and employees for amounts in default) is insolvent, or that the collection of any contributions will be jeopardized by delaying collection, the director or authorized representative may thereupon make an immediate assessment of the estimated amount of accrued contributions, noting upon the assessment that it is a jeopardy assessment levied under this subsection, and may proceed to enforce collection immediately, but interest shall not begin to accrue upon such contributions until the due date nor shall court costs be taxed against such employer or person liable under ORS 657.516 (Liability of certain officers, members, partners and employees for amounts in default) on any action to enforce collection commenced prior to the due date. The director or authorized representative may, in levying the assessment, demand a bond or deposit of such security as is necessary to ensure collection of the amount of such assessment. Written notice of the assessment to the employer or person liable under ORS 657.516 (Liability of certain officers, members, partners and employees for amounts in default) shall be mailed to the employers or persons last-known address of record with the director.

(5) All assessments provided for in this section shall finally fix the amount of contributions due and payable unless the employer or person liable under ORS 657.516 (Liability of certain officers, members, partners and employees for amounts in default) shall within 20 days after the mailing of the notice of assessment apply to the director for a hearing, or unless the director or authorized representative on the motion of the director or authorized representative reviews the same prior to a decision of the administrative law judge thereon pursuant to hearing. An employer or person liable under ORS 657.516 (Liability of certain officers, members, partners and employees for amounts in default) who fails to apply for a hearing upon an assessment within the time provided or, having applied, fails to appear and be heard after due notice of such hearing, shall be precluded from raising any defense to any action, suit or proceeding brought by the director for the recovery of contributions based upon such assessment which could have been raised in the hearing. The amount of contributions so assessed under this section shall be subject to the penalties and interest provided by ORS 657.515 (Delinquent taxes) and 657.663 (Penalty for failure by employer to file reports). [1963 c.354 §3 (657.552 (Limitations on notices of assessment and on actions to collect contributions, interest and penalties), 657.652 (Certificate as evidence in proceeding), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) and 657.683 (Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682) enacted in lieu of 657.472, 657.512, 657.550 and 657.672); 1981 c.563 §1; 1999 c.849 §148; 2003 c.75 §105; 2009 c.79 §5]