Or. Admin. R. 839-001-0550 - Procedure for Timely and Cost Efficient Method for the Payment of Wages from the Wage Security Fund

(1) When it has been determined that an employer has ceased doing business in Oregon, the Division shall approve or deny payment from the Fund within 30 days of the date the completed wage claim has been filed or the employer has ceased doing business, whichever is later. At the Division's discretion, the 30 day time period may be extended to 45 days.

(2) When the Commissioner obtains a judgment or issues a final order allowing the claimant to be paid from the Fund and the amount due is not paid upon demand by the Commissioner, the Division shall approve payment from the Fund within 30 days of the date after all appeals of the judgment or final order have been exhausted or the wage claimant has provided all necessary documents to proceed, whichever is later. At the Division's discretion, the 30 day time period may be extended to 45 days.

(3) Payments from the Fund for wage claims shall be made not less than once in any month.

(4) It is the responsibility of the employee to provide and keep the Division advised of the employee's current mailing address and telephone number and the name, mailing address, and telephone number of another individual who will generally always be able to advise the Division of the employee's whereabouts and current address and phone number.

(5) The Division will mail payments from the Fund to the last known address of the employee as reflected in the Division's records. If the mail is returned, the Division will make one attempt to locate the employee by contacting the individual reflected in the Bureau's records as the person who will generally always know the employee's whereabouts.

(6) If the employee cannot be located within 45 days after the payment was first mailed to the employee's last known current address as reflected in the Division's records, the wage claim shall be disallowed as eligible for payment from the Fund and the amount of the payment shall revert and be irrevocably added back into the Fund.

(7) Notwithstanding the provisions of section (5) of this rule, an employee whose claim has been disallowed because the employee could not be located within the time provided for in section (5) of this rule may refile the wage claim with the Division; provided, however, that such refiled wage claim shall be deemed and treated for all purposes as a newly filed wage claim.

Notes

Or. Admin. R. 839-001-0550

BL 5-1986, f. 6-20-86, ef. 7-1-86; BL 9-1996, f. & cert. ef. 10-8-96; BLI 13-2021, temporary amend filed 08/06/2021, effective 08/06/2021 through 02/01/2022; BLI 1-2022, amend filed 03/21/2022, effective 4/1/2022; BLI 6-2022, minor correction filed 04/13/2022, effective 4/13/2022

Statutory/Other Authority: ORS 652.414(6)

Statutes/Other Implemented: ORS 652.414 & House Bill 2818, 2021