Chapter 88
AN ACT
SB 194
Relating to reconsideration of determination
made by Employment Department; amending ORS 657.676.
Be It Enacted by the People of
the State of
SECTION 1. ORS 657.676 is amended to read:
657.676. (1) Upon motion
of the Director of the Employment Department or upon application of an
interested employer, the director may reconsider a determination of employer
subjectivity, tax rate or tax assessment, irrespective of whether [it] the determination has become
final. [Such reconsideration shall be
restricted to determinations resulting from clerical errors or errors of
computation and may include a new decision upon any grounds or issues not
previously ruled upon or new facts not previously known to the director.] The
director may reconsider a determination when there is evidence of:
(a) Computation errors;
(b) Clerical errors;
(c) Misinformation
provided to a party by the Employment Department;
(d) Facts not previously
known to the department; or
(e) Errors caused by
misapplication of law by the department.
(2) [Such] The reconsideration shall
be accomplished by the director or any employee the director may designate for
the purpose, in accordance with rules adopted by the director. The director or designated employee may make a new
determination, [may be made to
correct any error with respect to the previous determination. Such new
determination shall be] which is subject to hearing, review and
appeal in accordance with ORS 657.485 and 657.679 to 657.684.
Approved by the Governor May 7, 2007
Filed in the office of Secretary of State May 7, 2007
Effective date January 1, 2008
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