OAR 471-030-0052
Misrepresentation Disqualification

(1)

An authorized representative of the Employment Department shall determine the number of weeks of disqualification under ORS 657.215 (Disqualification for misrepresentation) according to the following criteria:

(a)

When the disqualification is imposed because the individual failed to accurately report work and/or earnings, the number of weeks of disqualification shall be determined by dividing the total amount of benefits overpaid to the individual for the disqualifying act(s), by the maximum Oregon weekly benefit amount in effect during the first effective week of the initial claim in effect at the time of the individual’s disqualifying act(s), rounding off to the nearest two decimal places, multiplying the result by four rounding it up to the nearest whole number.

(b)

When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 (Disqualification for misrepresentation) relates to the provisions of 657.176 (Grounds and procedure for disqualification), the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or four weeks, whichever is greater.

(c)

When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (Benefit eligibility conditions) (other than work and/or earnings), the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or the number of weeks in which a disqualifying act(s) occurred, whichever is greater.

(d)

When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 (Disqualification for misrepresentation) relates to the provisions of 657.176 (Grounds and procedure for disqualification) and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus four weeks.

(e)

When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (Benefit eligibility conditions) (other than work and/or earnings) and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus the number of weeks in which a disqualifying act(s) occurred relating to the provisions of 657.155 (Benefit eligibility conditions) (other than work and earnings).

(2)

The number of weeks of disqualification assessed under section (1) of this rule shall be doubled, but not to exceed 52 weeks, if the individual has one previous disqualification under ORS 657.215 (Disqualification for misrepresentation), and that prior disqualification determination has become final.

(3)

Notwithstanding sections (1) and (2) of this rule, the number of weeks of disqualification under ORS 657.215 (Disqualification for misrepresentation) shall be 52 weeks if:

(a)

The disqualification under ORS 657.215 (Disqualification for misrepresentation) is because the individual committed forgery; or

(b)

The individual has two previous disqualifications under ORS 657.215 (Disqualification for misrepresentation), and those prior two disqualification determinations have become final.

(4)

Notwithstanding sections (1), (2) and (3), an authorized representative of the Employment Department may determine the number of weeks of disqualification according to the circumstances of the individual case, but not to exceed 52 weeks.

(5)

All disqualifications imposed under ORS 657.215 (Disqualification for misrepresentation) shall be served consecutively.

(6)

Any week of disqualification imposed under ORS 657.215 (Disqualification for misrepresentation) may be satisfied by meeting all of the eligibility requirements of Chapter 657, other than 657.155 (Benefit eligibility conditions)(1)(e).

(7)

The department will review the number of occurrences of misrepresentation when applying the penalty as described in ORS 657.310 (Recovery or deduction of benefits paid because of misrepresentation by recipient)(2). An occurrence shall be counted each time an individual willfully makes a false statement or representation, or willfully fails to report a material fact to obtain benefits. The department shall use the date the individual failed to report a material fact or willfully made a false statement as the date of the occurrence. For an individual subject to disqualification by administrative action under 657.215 (Disqualification for misrepresentation), the penalty will be:

(a)

For the first or second occurrence within 5 years of the occurrence for which a penalty is being assessed, 15 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(b)

For the third or fourth occurrence within 5 years of the occurrence for which a penalty is being assessed, 20 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(c)

For the fifth or sixth occurrence within 5 years of the occurrence for which a penalty is being assessed, 25 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(d)

For the seventh or greater occurrence within 5 years of the occurrence for which a penalty is being assessed, 30 percent of the total amount of benefits the individual received but to which the individual was not entitled.

(e)

In cases of forgery or identity theft, 30 percent of the amount of benefits the individual received but to which the individual was not entitled.

(8)

Intentionally left blank —Ed.

(a)

Under ORS 657.215 (Disqualification for misrepresentation), the Director or an authorized representative of the Employment Department may determine it is proper and equitable to cancel the disqualification if:

(A)

All benefits, interest, penalties, fees, and court costs have been paid in full;

(B)

Three or more years have passed since the decision assessing the number of weeks of disqualification was issued; and

(C)

The department has issued only one decision assessing weeks of disqualification to the individual within the last 10 years from the date of the request to cancel.

(b)

For the purposes of the section (c) of this rule, an “occurrence” is each time an individual willfully makes a false statement or representation, or willfully fails to report a material fact to obtain benefits within the same willful misrepresentation decision.

(c)

The Director or an authorized representative of the Employment Department shall determine the amount of weeks applicable for cancellation under ORS 657.215 (Disqualification for misrepresentation) according to the following criteria:

(A)

The individual has satisfied the requirements of subsection (a);

(B)

When the individual has committed one occurrence of violating ORS 657.215 (Disqualification for misrepresentation) within the same willful misrepresentation decision, the director may cancel the remaining weeks of disqualification in whole.

(C)

When the individual has committed two occurrences of violating ORS 657.215 (Disqualification for misrepresentation) within the same willful misrepresentation decision, the director may cancel half the weeks of disqualification.

(D)

When the individual has committed three or more occurrences of violating ORS 657.215 (Disqualification for misrepresentation) within the same willful misrepresentation decision or the disqualification under 657.215 (Disqualification for misrepresentation) is because the individual committed forgery, weeks of disqualification shall not be cancelled.

(d)

Weeks of disqualification served prior to the request for cancellation shall not be cancelled.

Source: Rule 471-030-0052 — Misrepresentation Disqualification, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0052.

471‑030‑0005
Week Defined 471‑030‑0010
Assignment of Wages 471‑030‑0012
Standard Base Year Defined 471‑030‑0015
Social Security Account Number 471‑030‑0017
Defining and Allocating Remuneration, Holidays, and Vacations 471‑030‑0020
Retirement Pay, Allocation of Periodic and Lump Sum Payments 471‑030‑0021
Allocation of Wages 471‑030‑0022
“Full-Time Work” Defined 471‑030‑0023
Incapable of Work for the Purpose of Extending the Base Year 471‑030‑0025
Claimant’s Responsibilities 471‑030‑0034
Reemployment Service Assistance and Eligibility 471‑030‑0035
Work Registration 471‑030‑0036
Eligibility Factors 471‑030‑0037
Prevailing Rate of Pay 471‑030‑0038
Work Separations, Job Referrals and Job Refusals 471‑030‑0039
Administrative Decisions 471‑030‑0040
Initial, Additional, and Reopened Claims 471‑030‑0042
Good Prospects 471‑030‑0043
Customary Occupation 471‑030‑0044
Systematic and Sustained Search for Work 471‑030‑0045
Continued Claims 471‑030‑0046
Non-Cash Remuneration Applicable to Benefit Claims 471‑030‑0048
Amended Monetary Determinations 471‑030‑0049
Lost, Stolen or Destroyed Benefit Checks 471‑030‑0050
Benefit Payments 471‑030‑0051
Cancellation of Overpayments, Tolerance Policy 471‑030‑0052
Misrepresentation Disqualification 471‑030‑0053
Waiving Recovery of Overpayments 471‑030‑0054
Theft Cases 471‑030‑0055
Continuous Jurisdiction 471‑030‑0056
Investigatory Subpoenas 471‑030‑0057
Payment of Benefits Due a Deceased Person 471‑030‑0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program 471‑030‑0060
Procedure for Payment of Benefits for Partial Unemployment 471‑030‑0065
Discretionary Filing Procedures 471‑030‑0071
Benefit eligibility during a declared emergency 471‑030‑0074
School Employees 471‑030‑0075
Contract or reasonable assurance defined 471‑030‑0076
Benefits for Athletes 471‑030‑0077
Benefits for Aliens 471‑030‑0079
Shared Work Plans and Benefits 471‑030‑0080
Career and Technical Training 471‑030‑0081
Relief of Charges to Employers 471‑030‑0082
Charge Relief for Part-Time Work 471‑030‑0083
Employer Penalties 471‑030‑0090
Shared Work Plans and Benefits 471‑030‑0095
Claim Cancellations 471‑030‑0097
Labor Disputes 471‑030‑0100
Maximum Benefit Amount 471‑030‑0120
Jury Duty 471‑030‑0125
Drug, Cannabis, and Alcohol Adjudication Policy 471‑030‑0126
Absence Due to Alcohol, Cannabis, or Drug Use 471‑030‑0150
Domestic Violence 471‑030‑0174
Child Support Intercept Appeals 471‑030‑0210
Interstate Reciprocal Overpayment Recovery Arrangement 471‑030‑0215
Union Referral List 471‑030‑0220
Economically Distressed Worker Training 471‑030‑0225
Extended Benefits Look Back 471‑030‑0235
Self-employment Assistance Program
Last Updated

Jun. 8, 2021

Rule 471-030-0052’s source at or​.us