Oregon Employment Deptartment Amends Oregon Administrative Rule

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The Employment Department is promulgating a change to Oregon Administrative Rule (OAR) 471-040-0038. This rule defines the term “work” for unemployment insurance benefit recipients and how it applies in determining when an employment relationship ends for an individual and in the case of individuals working for other third party employment administration entities. The proposed change to the existing rule will now include government programs where a state agency serves as the employer of record for individuals performing home care services for the purposes of determining when their separation occurred.

This language is being updated in order to be consistent with the changes to Oregon Revised Statutes (ORS) 410.619 resulting from the passage of Senate Bill 1542 in the 2014 Legislative Session. The change in law identified the state as an employer for home care workers employed by the Oregon Home Care Commission, the Department of Human Services, the Oregon Health Authority, an area agency, or a support services brokerage for the purposes of ORS Chapter 657.

The change in rule is merely codification of policy which has been in practice since 2014. The department does not anticipate any fiscal or economic impact from the changes to this rule, because the changes do not create any distinct impact separate from the change to statute in the 2014 Legislative Session.

Click here for a copy of the Notice of Proposed Rulemaking Hearing, the Statement of Need and Fiscal Impact, and the proposed amended rule text. This information is also posted on our website.

The Proposed Rulemaking Hearing for this change will occur on Friday, November 30 in the Auditorium at the Oregon Employment Department at 875 Union St NE, Salem, OR 97311 from 2-4pm. Anyone interested in providing the department feedback on the rule is welcome to attend the public hearing in person. If you are unable to attend the hearing in person but want to provide comments on the rule, you have the option of calling the conference line at 888-850-4523 (Passcode # 440528).

Written comments may also be submitted via e-mail to OED_Rules@oregon.gov by Friday, November 30 at 5pm. All comments received will be given consideration before the department proceeds with the permanent rulemaking.

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