2017 ORS 657.312¹
Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments
  • fees
  • rules

(1) The Director of the Employment Department may enter into an intergovernmental agreement with the federal government for the purposes of:

(a) Offsetting against liquidated state debt moneys that the federal government owes to the debtor; and

(b) Sharing information as necessary to make offsets under paragraph (a) of this subsection.

(2) The director may request an offset against liquidated state debt under this section only if:

(a) The debt is legally enforceable;

(b) The debt is past due;

(c) The debt was caused by the debtor’s:

(A) Willfully making a false statement or misrepresentation, or willfully failing to report a material fact, to obtain any benefits under this chapter;

(B) Failure to report earnings or to report earnings accurately; or

(C) Failure to make contributions to the Unemployment Compensation Trust Fund for which the state has determined the debtor to be liable and that remain uncollected;

(d) The debtor’s appeal period for contesting the debt and the element of causation described in paragraph (c) of this subsection has expired; and

(e) The director has provided at least 60 days’ advance written notice to the debtor that the debt will be offset pursuant to this section and that the debtor has the right to request administrative review under rules adopted by the director pursuant to subsection (5) of this section.

(3)(a) The director may pay a fee charged by the federal government for processing a request for an offset under subsection (1) of this section.

(b) The net amount received from the federal government after deduction of fees charged under paragraph (a) of this subsection shall be offset against the debt.

(4)(a) The director may pay a fee charged by the Department of Revenue pursuant to ORS 293.250 (Collections Unit) for processing a request to offset against liquidated state debt a state tax refund owed to the debtor.

(b) The net amount received from the Department of Revenue after deduction of fees charged under paragraph (a) of this subsection shall be offset against the debt.

(5) The director shall adopt rules consistent with federal requirements for debt offsets requested under this section that establish the requirements for the advance written notice provided to debtors, and the procedures pursuant to which a debtor may obtain administrative review, under this section. [2013 c.45 §2; 2015 c.529 §1]

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 (2017) (last ac­cessed Mar. 30, 2018).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2017, Chapter 657, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­ano657.­html (2017) (last ac­cessed Mar. 30, 2018).
 
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.