OAR 471-030-0058
Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program

(1) The Oregon Employment Department may submit liquidated unemployment insurance overpayments and delinquent taxes for offset against federal tax refunds and federal non-tax payments through the “Treasury Offset Program” under 26 USC 6402(f) and 31 CFR 285.8. For purposes of this rule, “liquidated” means legally enforceable because:
(a) The liability is assessed by the department;
(b) The department has made written demand for payment of the liability;
(c) The debtor is not in bankruptcy; and
(d) All relevant appeal periods for contesting the liability have expired.
(2) Notice of intent to offset. Before submitting an unemployment insurance overpayment or delinquent tax debt to Financial Management Service, U.S. Treasury for offset against a federal refund or a federal non-tax payment, the Oregon Employment Department must send written notice of intent to offset to the debtor by mail.
(3) Disagreement procedures. If a debtor disagrees with the notice of intent to offset and wants reconsideration, the debtor must submit a letter of disagreement within 60 days of the date shown on the notice of intent to offset. The debtor must provide, and the department will limit consideration to, evidence that the debt scheduled for offset is not:
(a) Past due; or
(b) Legally enforceable.
(4) If the debtor claims that the debt is not legally enforceable, the department will consider the merits of such a claim unless the issue has already been finally adjudicated by the Office of Administrative Hearings, Employment Appeals Board, or court of competent jurisdiction in a proceeding to which the department is a party.
(5) Review of disagreement. For each letter of disagreement provided by the debtor, the department will:
(a) Review evidence provided by the debtor, and
(b) Remove debtor’s name from the federal refund offset list for this debt if evidence supports the debtor’s position that the debt is not past due or is not legally enforceable.

Source: Rule 471-030-0058 — Offset of Unemployment Compensation Debt Through U.S. Treasury Offset Program, https://secure.­sos.­state.­or.­us/oard/view.­action?ruleNumber=471-030-0058.

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 471-030-0058’s source at or​.us