ORS 657B.410
Appeals process, generally

  • process subject to judicial review

(1)

The Director of the Employment Department shall establish a process by which:

(a)

An employer may request a hearing to obtain review of a final decision of the director regarding approval or denial of an employer’s application for approval of a plan under ORS 657B.210 (Equivalent plans, generally).

(b)

A covered individual may request a hearing to obtain review of a final decision of the director regarding:

(A)

Approval or denial of a claim submitted to the director for payment of family and medical leave insurance benefits;

(B)

The weekly benefit amount payable to a covered individual as determined under ORS 657B.050 (Amount of benefits); or

(C)

Disqualification from the receipt of benefits including liability or repayment of benefits as determined under ORS 657B.120 (False statements or failure to report material fact).

(2)

Notwithstanding ORS 183.315 (Application of provisions of chapter to certain agencies), the process established by the director under this section shall comply with provisions for a contested case under ORS chapter 183 and is subject to judicial review as provided in ORS 183.482 (Jurisdiction for review of contested cases). [2019 c.700 §31]
Note: 657B.410 (Appeals process, generally) becomes operative January 1, 2023. See section 63, chapter 700, Oregon Laws 2019, as amended by section 1, chapter 30, Oregon Laws 2021, and section 6a, chapter 639, Oregon Laws 2021.

Source: Section 657B.410 — Appeals process, generally; process subject to judicial review, https://www.­oregonlegislature.­gov/bills_laws/ors/ors657B.­html.

657B.005
Legislative findings 657B.010
Definitions 657B.015
Benefit eligibility 657B.020
Qualifying purposes for benefits 657B.025
Coordination of leave 657B.030
Use of other paid leave benefits in addition to paid family and medical leave insurance benefits 657B.040
Notice to employers prior to commencing leave 657B.050
Amount of benefits 657B.060
Job protection 657B.070
Denying leave 657B.080
False statements or failure to report material fact by employer 657B.090
Claim for benefits 657B.100
Allowing or denying claim 657B.110
Continuous jurisdiction of director 657B.120
False statements or failure to report material fact 657B.130
Elective coverage for certain individuals 657B.150
Contributions 657B.175
Effect of place of performance of service 657B.180
Unlawful practices of employer 657B.190
Employer’s security for payment of contributions 657B.200
Employer assistance grants 657B.210
Equivalent plans, generally 657B.220
Director review of benefits provided under equivalent plan 657B.230
Application for reapproval of plan 657B.240
Withdrawal from plan 657B.250
Portability of benefits and retention of eligibility status between jobs 657B.260
Successor in interest required to continue offering approved plan to eligible employees until withdrawal of plan 657B.280
Delinquent contributions and improper benefit payments as liens on real or personal property 657B.290
Filing of lien statement or warrant 657B.300
Alternative remedies for collection of amounts liable to be repaid 657B.310
Release, compromise or satisfaction of lien 657B.320
Delinquent contributions 657B.330
Liability of certain officers, members, partners or employees for amounts in default 657B.340
Family and medical leave insurance program 657B.350
Third party administrator 657B.360
Determining number of employees employed by employer 657B.370
Computation and assessment of employer contributions and interest 657B.380
Advisory committee 657B.390
Employment records 657B.400
Confidentiality of information 657B.410
Appeals process, generally 657B.420
Appeals of decisions under equivalent employer plan 657B.430
Paid Family and Medical Leave Insurance Fund 657B.440
Employer required to provide notice advising employees of rights and duties 657B.460
Construction of chapter 657B.470
Preemption of local laws relating to paid family and medical leave 657B.480
State agency assistance 657B.900
Criminal penalties 657B.910
Penalty when employer fails to file contribution reports or pay contributions when due 657B.920
Penalty when employer fails to file reports
Green check means up to date. Up to date

Current through early 2024

§ 657B.410’s source at oregon​.gov