Chapter 49
AN ACT
HB 2249
Relating to hearing on assessment of civil
penalty by Director of Employment Department for violation concerning transfer
or acquisition of trade or business; amending ORS 657.683 and 657.875.
Be It Enacted by the People of
the State of
SECTION 1. ORS 657.683 is amended to read:
657.683. (1) An
application for hearing under ORS 657.480,657.679, 657.681 [and] or 657.682 shall be in
writing and shall state that [such] a
determination or assessment of the Director of the Employment Department or
authorized representative is unjust or incorrect and that the employing unit
requests a hearing. The application shall set forth the objections of the
employing unit to the determination or assessment and the amount of
contributions, if any, [which] that
the applicant admits to be due to the Employment Department. An application for
a hearing to review an assessment made under ORS 657.681 (4) that was
accompanied by a demand for a bond or deposit [shall not be] is not valid unless the bond or deposit is
filed with the application in a form acceptable to the director or authorized
representative.
(2) If a valid
application for hearing is filed within the time provided by ORS 657.480,
657.679, 657.681 [and] or
657.682, an administrative law judge shall review the determination or
assessment and if requested by the employing unit shall grant a hearing unless
a hearing has previously been afforded the employing unit on the same grounds
as set forth in the application. The administrative law judge shall give notice
of the time and place of the hearing to the director or authorized
representative and shall also give notice to the employing unit by mail
directed to the last-known address of the employing unit of record with the
director.
(3) Hearings under ORS 657.480,
657.679, 657.681 [and] or 657.682
shall be conducted in accordance with this chapter. The filing of an
application for hearing with respect to a disputed assessment [shall] does not affect the right
of the director or authorized representative to perfect any liens provided by
this chapter.
(4) All testimony at any
hearing held under ORS 657.480,657.679, 657.681 [and] or 657.682 shall be recorded but need not be
transcribed unless a petition for judicial review from the decision of the
administrative law judge is filed in the manner and within the time prescribed.
At any hearing held as provided in ORS 657.480, 657.679, 657.681 [and] or 657.682, the
determination or assessment of the director or authorized representative shall
be prima facie correct and the burden shall be upon the protesting employing
unit to prove that it is incorrect. Thereafter the administrative law judge
shall enter the findings of fact and decision, either affirming, modifying, or
setting aside the determination or assessment of the director or authorized
representative and in the case of an assessment, the administrative law judge
may increase or decrease the amount of the assessment. The employing unit and
the director shall be promptly notified of the decision of the administrative
law judge.
(5) A decision of the
administrative law judge [shall become]
becomes final on the date of notification or the mailing [thereof] of the decision to the
director and to the employing unit at the last-known address of record with the
director unless, within the time specified in ORS 183.480 (2),
the administrative law judge on the administrative law judge’s own motion
reviews the [same] decision
and issues an amended decision in which case the amended decision becomes the
final decision.
SECTION 2. ORS 657.875 is amended to read:
657.875. The period
within which an interested party may request a hearing or file with the
Employment Appeals Board an application for review as provided in ORS 657.266 to
657.269, 657.270, 657.471, 657.480, 657.485, 657.679, 657.681 and
657.682 may be extended, upon a showing of good cause therefor, a reasonable
time under the circumstances of each particular case.
Approved by the Governor April 17, 2007
Filed in the office of Secretary of State April 17, 2007
Effective date January 1, 2008
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