ORS 657.269
Decision final unless hearing requested


(1)

(a) Unless the claimant or one of the employing units or agents of the employing units entitled to notice under ORS 657.267 (Allowing or denying claim) or 657.268 (Filing information on issues not previously decided) files a request for hearing upon the decision with the Director of the Employment Department in a timely manner as determined under subsection (2) of this section, the decision is final and benefits must be paid or denied accordingly.

(b)

If the decision is to allow benefits, the director shall pay the benefits regardless of any pending hearing on the claim.

(2)

A request for hearing upon the decision under subsection (1) of this section must be filed within 20 days after delivery of the notice required under ORS 657.267 (Allowing or denying claim) or 657.268 (Filing information on issues not previously decided) or, if mailed, within 20 days after the notice was mailed to the party’s last-known address. [1993 c.778 §9; 2011 c.22 §3]

Notes of Decisions

Before request for hearing upon eligibility decision can exist, there must be underlying decision to appeal or upon which to request hearing. Kroetch v. Employment Dept., 289 Or App 291, 409 P3d 60 (2017)

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 and 657.155, 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 through 657.094 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


Source
Last accessed
May. 15, 2020