2015 ORS 657.683¹
Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682
  • decision of administrative law judge
  • amendment of decision

(1) An application for hearing under ORS 657.480 (Effect of transfer of trade or business), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) or 657.682 (Assessments against reorganized business entity) shall be in writing and shall state that a determination or assessment of the Director of the Employment Department or authorized representative is unjust or incorrect and that the employing unit requests a hearing. The application shall set forth the objections of the employing unit to the determination or assessment and the amount of contributions, if any, that the applicant admits to be due to the Employment Department. An application for a hearing to review an assessment made under ORS 657.681 (Computation and assessment of employer contributions and interest) (4) that was accompanied by a demand for a bond or deposit is not valid unless the bond or deposit is filed with the application in a form acceptable to the director or authorized representative.

(2) If a valid application for hearing is filed within the time provided by ORS 657.480 (Effect of transfer of trade or business), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) or 657.682 (Assessments against reorganized business entity), an administrative law judge shall review the determination or assessment and if requested by the employing unit shall grant a hearing unless a hearing has previously been afforded the employing unit on the same grounds as set forth in the application. The administrative law judge shall give notice of the time and place of the hearing to the director or authorized representative and shall also give notice to the employing unit by mail directed to the last-known address of the employing unit of record with the director.

(3) Hearings under ORS 657.480 (Effect of transfer of trade or business), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) or 657.682 (Assessments against reorganized business entity) shall be conducted in accordance with this chapter. The filing of an application for hearing with respect to a disputed assessment does not affect the right of the director or authorized representative to perfect any liens provided by this chapter.

(4) All testimony at any hearing held under ORS 657.480 (Effect of transfer of trade or business), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) or 657.682 (Assessments against reorganized business entity) shall be recorded but need not be transcribed unless a petition for judicial review from the decision of the administrative law judge is filed in the manner and within the time prescribed. At any hearing held as provided in ORS 657.480 (Effect of transfer of trade or business), 657.679 (Determination that employing unit or employment is subject to this chapter), 657.681 (Computation and assessment of employer contributions and interest) or 657.682 (Assessments against reorganized business entity), the determination or assessment of the director or authorized representative shall be prima facie correct and the burden shall be upon the protesting employing unit to prove that it is incorrect. Thereafter the administrative law judge shall enter the findings of fact and decision, either affirming, modifying, or setting aside the determination or assessment of the director or authorized representative and in the case of an assessment, the administrative law judge may increase or decrease the amount of the assessment. The employing unit and the director shall be promptly notified of the decision of the administrative law judge.

(5) A decision of the administrative law judge becomes final on the date of notification or the mailing of the decision to the director and to the employing unit at the last-known address of record with the director unless, within the time specified in ORS 183.480 (Judicial review of agency orders) (2), the administrative law judge on the administrative law judge’s own motion reviews the decision and issues an amended decision in which case the amended decision becomes the final decision. [1963 c.354 §4 (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); 1967 c.435 §9; 1971 c.734 §98; 1999 c.849 §§150,151; 2003 c.75 §55; 2005 c.214 §3; 2007 c.49 §1]

Notes of Decisions

Under this sec­tion, employer-ministry had burden of proving that it came within exemp­tion for services performed in employ of "church," pursuant to ORS 657.072 (Employment). Vic Coburn Evangel. Assoc. v. Emp. Div., 35 Or App 655, 582 P2d 51 (1978), Sup Ct review denied

Peti­tioner did not satisfy its burden of proof that Employ­ment Division's assess­ment was incorrect by merely showing that division may have included out-of-state employees in its assess­ment. West Coast Truck Lines v. Emp. Div., 54 Or App 562, 635 P2d 1033 (1981), Sup Ct review denied

Where unemploy­ment tax assess­ment order is remanded following judicial review, hearing of­fi­cer retains sole authority to act for Employ­ment Depart­ment re­gard­ing order. Kaib's Roving R.Ph. Agency, Inc. v. Employ­ment Dept., 182 Or App 481, 50 P3d 1193 (2002)

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.