OAR 436-050-0050
Corporate Officers, Limited Liability Company Members, Partners; Subjectivity

(1) A corporation, limited liability company, or partnership may elect to provide workers’ compensation coverage for otherwise nonsubject workers.
(a) A carrier-insured employer must make the election to the insurer in writing on or before the effective date of the policy. An election remains in effect until a revised election is given to the insurer.
(b) A self-insured employer must file the election with the director.
(2) If an employer that is subject to a maximum number of exempt corporate officers, members, or partners under ORS 656.027 (Who are subject workers) does not file an initial election, or is not in compliance with ORS 656.017 (Employer required to pay compensation and perform other duties) and 656.407 (Qualifications of insured employers), then the exempt individuals will be determined in the following order:
(a) For a corporation:
(A) President;
(B) Secretary, if any;
(C) Vice President, if any;
(D) Secretary/Treasurer, if any;
(E) Treasurer, if any;
(F) All other officers, if any; or
(b) For a limited liability company or partnership:
(A) The member or partner with the largest ownership interest;
(B) The member or partner with the next largest ownership interest; and
(c) If more than one person holds the same office, or more than one member or partner has equal ownership interest, the sequence of those persons will be the same as the chronological order of their birthdays in a calendar year.
(3) Noncomplying corporations, noncomplying limited liability companies, or noncomplying partnerships, regardless of the number of employees, are limited to two exempt officers, members, or partners to be determined in accordance with section (2) of this rule.
(4) For the purposes of clarifying terms used in ORS 656.027 (Who are subject workers):
(a) “Commercial harvest of timber” means all commercial activities relating to harvest of timber from a parcel of property including, but not limited to, road building, marking of trees to be cut, timber falling, slash removal, and transportation of timber to the location where it will be processed into lumber or other products;
(b) “Director” means a person elected or appointed to a corporation’s board of directors in accordance with its articles of incorporation or bylaws; and
(c) “Substantial ownership” means a percentage of ownership equal to or greater than the average percentage of ownership of all the owners, or ten percent, whichever is less.

Source: Rule 436-050-0050 — Corporate Officers, Limited Liability Company Members, Partners; Subjectivity, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=436-050-0050.

436‑050‑0003
Purpose and Applicability 436‑050‑0005
Definitions 436‑050‑0008
Requests for Hearings or Administrative Review 436‑050‑0015
Suspension and Revocation of Authorization to Issue Workers’ Compensation Insurance Policies 436‑050‑0025
Service of the Notice of Civil Penalty Orders 436‑050‑0040
Responsibility for Providing Coverage When a Contract is Awarded 436‑050‑0045
Nonsubject Workers 436‑050‑0050
Corporate Officers, Limited Liability Company Members, Partners 436‑050‑0055
Extraterritorial Coverage 436‑050‑0110
Notice of Insurer’s Place of Business in State 436‑050‑0120
Records Insurers Must Keep in Oregon 436‑050‑0150
Qualifications of a Self-Insured Employer 436‑050‑0160
Applying for Certification as a Self-Insured Employer 436‑050‑0165
Security Deposit Requirements 436‑050‑0170
Excess Insurance Requirements 436‑050‑0175
Annual Reporting Requirements 436‑050‑0180
Determination of Amount of Self-Insured Employer’s Deposit 436‑050‑0185
Qualifications for Deposit Exemption for Self-Insured Cities, Counties, and Qualified Self-Insured Employer Groups, Application Procedures, Conditions and Requirements, Revocation and Requalification 436‑050‑0190
Using Self-Insured Employers’ Security Deposit/Self-Insured Employer Adjustment Reserve/Self-Insured Employer Group Adjustment Reserve/Director-Ordered Assessments of Private Employer Members of Self-Insured Employer Groups 436‑050‑0195
Requirements for Changes in Self-Insured Employer Entity 436‑050‑0200
Self-Insured Certification Cancellation 436‑050‑0205
Notice of Self-Insurer’s Personal Elections 436‑050‑0210
Notice of Self-Insurer’s Place of Business in State 436‑050‑0220
Records Self-Insured Employer Must Keep in Oregon 436‑050‑0230
Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer 436‑050‑0260
Qualifications of a Self-Insured Employer Group 436‑050‑0270
Applying for Certification as a Self-Insured Employer Group: Private Employers 436‑050‑0280
Applying for Certification as a Self-Insured Employer Group: Governmental Subdivisions 436‑050‑0290
Commencement/Termination/Cancellation of Employers with a Self-Insured Employer Group 436‑050‑0300
Self-Insured Employer Group, Common Claims Fund 436‑050‑0340
Group Self-Insurance Revocation
Last Updated

Jun. 8, 2021

Rule 436-050-0050’s source at or​.us