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 any of the following:(A)
Approval or denial of an employer’s application for approval of a plan under ORS 657B.210 (Equivalent plans, generally);(B)
The assessment of penalties under ORS 657B.925 (Penalties for employer violation of requirements applicable to employer-offered benefit plans); or(C)
A determination made under ORS 657B.332 (False statements or failure to report material fact).(b)
A covered individual may request a hearing to obtain review of a final decision of the director regarding any of the following:(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);(C)
Matters affecting the covered individual under ORS 657B.040 (Notice to employers prior to commencing leave) or 657B.332 (False statements or failure to report material fact); or(D)
Benefit overpayments, including overpayments under ORS 657B.335 (Deduction of benefits paid in error not due to recipient fault).(c)
A self-employed individual or a tribal government may request a hearing to review a final decision of the director regarding elective coverage under ORS 657B.130 (Elective coverage for certain individuals).(d)
An employer may request a hearing:(A)
To review a final decision of the director regarding contributions under this chapter;(B)
Regarding decisions of the director regarding penalties under this chapter; or(C)
To review a final decision of the director regarding a grant made available under this chapter.(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).(3)
Intentionally left blank —Ed.(a)
Notwithstanding any other law, a party to a proceeding described under this section may authorize a legal representative or other person to represent the party in the proceeding in the manner prescribed by the director by rule. A legal representative or other person who is authorized to represent the party in the proceeding must comply with any procedures or process regarding such representation established by the department by rule, including, but not limited to, a rule establishing the maximum amount that the legal representative or other authorized person may charge for such representation.(b)
For purposes of this subsection, “person” includes individuals, corporations, associations, firms, partnerships, limited liability companies and joint stock companies, this state and the political subdivisions of this state. [2019 c.700 §31; 2023 c.120 §12; 2023 c.292 §9a](7)
The amendments to ORS 657B.420 (Appeals of decisions under equivalent employer plan) by section 10 of this 2023 Act apply to determinations by the department that occurred on or after September 3, 2023. [2023 c.292 §16(6),(7); 2023 c.292 §16a(6),(7)]
Source:
Section 657B.410 — Appeals process, generally; process subject to judicial review, https://www.oregonlegislature.gov/bills_laws/ors/ors657B.html (accessed May 26, 2025).