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.


 
 
 
     74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
NOTE:  Matter within  { +  braces and plus signs + } in an
amended section is new. Matter within  { -  braces and minus
signs - } is existing law to be omitted. New sections are within
 { +  braces and plus signs + } .
 
LC 548
 
                         House Bill 2249
 
Ordered printed by the Speaker pursuant to House Rule 12.00A (5).
  Presession filed (at the request of Governor Theodore R.
  Kulongoski for Employment Department)
 
 
                             SUMMARY
 
The following summary is not prepared by the sponsors of the
measure and is not a part of the body thereof subject to
consideration by the Legislative Assembly. It is an editor's
brief statement of the essential features of the measure as
introduced.
 
  Adds appropriate citation to statute under which person may
apply for hearing on assessment of civil penalty by Director of
Employment Department for violation concerning transfer or
acquisition of trade or business.
 
                        A BILL FOR AN ACT
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 Oregon:
  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.
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