OAR 436-050-0230
Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer; Conditions and Procedure for Permit; Revocation
(1)
Permission to keep records and process claims outside of Oregon. Notwithstanding OAR 436-050-0220 (Records Self-Insured Employer Must Keep in Oregon; Period to be Retained, Removal and Disposition), with the prior approval of the director a self-insured employer may keep claims records and process claims at a location outside this state, under the following conditions:(a)
The self-insured employer must submit a written application to the director;(A)
The application must contain the reasons for the request and the mailing address, telephone number, email address and any other contact information of the location where the records will be kept and the claims processed; and(B)
The application must provide the director contact information for a designated person or position within the company who will assure payment of penalties and resolution of collections issues resulting from orders issued by the director, and a company email address that is monitored on a regular basis;(b)
Upon receipt, the director will review the application and notify the employer if the request has been approved or denied. If the request has been denied, the director will notify the employer of the reasons for the denial; and(c)
The director will not grant permission to any self-insured employer that has committed acts or engaged in a course of conduct that would be grounds for revocation of permission or that are contrary to any of the provisions of this rule.(2)
Requirements. A self-insured employer that keeps claims records and processes claims at a location outside this state must:(a)
Process claims and make payment of compensation in an accurate and timely manner;(b)
Make reports to the director promptly as required by ORS chapter 656 and the director’s administrative rules;(c)
Pay to the director promptly all assessments and other money as it becomes due;(d)
Increase or decrease its security deposit promptly when directed to do so by the director under ORS 656.407 (Qualifications of insured employers)(2);(e)
Comply with the rules and orders of the director in processing and paying claims for compensation; and(f)
Provide written records which have been removed from this state to the director as requested within a reasonable time not to exceed 14 days or as otherwise negotiated.(3)
Revocation of permission. After notice given as required by ORS 656.455 (Self-insured employers required to keep records of compensation claims)(2), permission granted under this rule will be revoked by the director if the employer has committed acts or engaged in a course of conduct that are in violation of any provisions of this rule.
Source:
Rule 436-050-0230 — Out-of-State Recordkeeping and Claims Processing by Self-Insured Employer; Conditions and Procedure for Permit; Revocation, https://secure.sos.state.or.us/oard/view.action?ruleNumber=436-050-0230
.