74th OREGON LEGISLATIVE ASSEMBLY--2007 Regular Session
 
 
                            Enrolled
 
                         Senate Bill 194
 
Printed pursuant to Senate Interim Rule 213.28 by order of the
  President of the Senate in conformance with presession filing
  rules, indicating neither advocacy nor opposition on the part
  of the President (at the request of Governor Theodore R.
  Kulongoski for Employment Department)
 
 
                     CHAPTER ................
 
 
                             AN ACT
 
 
Relating to reconsideration of determination made by Employment
  Department; amending ORS 657.676.
 
Be It Enacted by the People of the State of Oregon:
 
  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.
                         ----------
 
 
 
 
 
 
 
 
Enrolled Senate Bill 194 (SB 194-INTRO)                    Page 1
 
 
 
 
 
Passed by Senate February 26, 2007
 
 
      ...........................................................
                                              Secretary of Senate
 
      ...........................................................
                                              President of Senate
 
Passed by House April 2, 2007
 
 
      ...........................................................
                                                 Speaker of House
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 194 (SB 194-INTRO)                    Page 2
 
 
 
 
 
Received by Governor:
 
......M.,............., 2007
 
Approved:
 
......M.,............., 2007
 
 
      ...........................................................
                                                         Governor
 
Filed in Office of Secretary of State:
 
......M.,............., 2007
 
 
      ...........................................................
                                               Secretary of State
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
Enrolled Senate Bill 194 (SB 194-INTRO)                    Page 3