2015 ORS 657.290¹
Continuous jurisdiction of director
  • reconsideration of previous decisions

(1) The Director of the Employment Department, upon motion of the director or upon application of any party to a claim for benefits, may at any time reconsider any final decision under this chapter. Reconsideration may occur when there is evidence of:

(a) Errors of computation;

(b) Clerical errors;

(c) Misinformation provided a party by the Employment Department;

(d) Facts not previously known to the department; or

(e) Errors caused by misapplication of law by the department.

(2) Such reconsideration shall be accomplished by the director or any employee the director may designate for the purpose, in accordance with such regulations as the director may prescribe, and may include the making of a new decision which, if made, shall award, deny, terminate, continue, increase or decrease benefits to the extent found necessary and appropriate for the correction of previous error respecting such benefits. However, any such new decision shall be subject to hearing, review and appeal in accordance with ORS 657.265 (Notice of claim filing to employing unit or agent of employing unit), 657.266 (Initial determination of eligibility and amount of benefits) to 657.269 (Decision final unless hearing requested) and 657.270 (Hearing upon decision) to 657.282 (Judicial review of decisions under ORS 657.275).

(3) The Employment Appeals Board upon its own motion or upon application of any party in interest may in its discretion at any time after the same was made and irrespective of whether it has become final under this chapter, reconsider any previous decision of the Employment Appeals Board. Such reconsideration shall be accomplished by the Employment Appeals Board or special referee designated for the purpose and may include the making of a new decision to the extent necessary and appropriate for the correction of previous error of fact or law. Such new decision shall be subject to judicial review in accordance with ORS 657.282 (Judicial review of decisions under ORS 657.275). [Amended by 1959 c.583 §20; 1961 c.252 §4; 1965 c.210 §4; 1975 c.257 §7; 1983 c.522 §5; 1985 c.565 §88; 1993 c.778 §10]

Notes of Decisions

Once the division makes a decision based on the general condi­tions of eligibility enumerated in ORS 657.155 (Benefit eligibility conditions), it is precluded from reversing that determina­tion on any of those grounds, however, it is free to reconsider and make a new determina­tion on a new ground or issue or on relevant new facts. Lovendahl v. Employ­ment Div., 26 Or App 665, 554 P2d 611 (1976), Sup Ct review denied

Division can amend eligibility decisions only on the two grounds men­tioned in this sec­tion and administrative rule at­tempting to expand authority to amend is invalid. Employ­ment Div. v. Smith, 64 Or App 33, 666 P2d 1369 (1983)

Filing of request for reconsidera­tion within 30 days of EAB's decision tolled statute, and claimant then had 30 days from date of denial of reconsidera­tion in which to file peti­tion for judicial review. Mascorro v. Employ­ment Div., 70 Or App 531, 689 P2d 1326 (1984)

Where Employ­ment Appeals Board withdrew its original order denying unemploy­ment benefits to claimant, whom employer had discharged after random drug test revealed evidence of marijuana in claimant's system, and replaced original order with amended order allowing benefits, withdrawal and replace­ment was "correc­tion of pre­vi­ous error of fact or law" and was authorized by this sec­tion. Philomath Forest Products Co. v. Emp. Div, 86 Or App 678, 741 P2d 912 (1987)

Chapter 657

Notes of Decisions

An individual who performs services for remunera­tion is an employee, and per­son or organiza­tion for whom services are performed is an employer under terms of Employ­ment Division Law even if remunera­tion is paid indirectly rather than directly unless employer shows that some statutory exclusion applies. Lectro Lift, Inc. v. Morgan, 14 Or App 316, 513 P2d 526 (1973)

Mere act of incorporating as professional corpora­tion does not, by itself, create employer-employee rela­tionship for purposes of this chapter. Peterson v. Employ­ment Division, 82 Or App 371, 728 P2d 95 (1986)

Determina­tion of whether claimant is qualified for benefits is made by reference to ORS 657.150 (Amount of benefits) and 657.155 (Benefit eligibility conditions), which require determina­tion of amount of work that claimant performed in "employ­ment" as defined in ORS chapter 657, which, in turn means that exclusions from "employ­ment" set out in ORS 657.040 (Employment) through 657.094 (Employment) must be considered. May Trucking Co. v. Employ­ment Dept., 251 Or App 555, 284 P3d 553 (2012)

Atty. Gen. Opinions

Determining employer of musicians' group, (1972) Vol 35, p 1306


1 Legislative Counsel Committee, CHAPTER 657—Unemployment Insurance, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ors657.­html (2015) (last ac­cessed Jul. 16, 2016).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2015, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2015) (last ac­cessed Jul. 16, 2016).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent.