657.266
Initial determination of eligibility and amount of benefits; notice to affected
parties; cancellation of determination; determination becomes final when
hearing not requested.
(1) An authorized representative shall promptly examine each new claim for
benefits and, on the basis of information available, determine the total amount
of wages paid to the claimant during the base year and whether or not such
amount is sufficient to qualify the claimant for benefits and, if so, the
weekly benefit amount payable to the claimant, the maximum amount payable with
respect to such benefit year and the maximum duration thereof. The initial
determination under this section shall be applicable to all weeks of the
benefit year respecting which the claim was filed; however, such determination
may be amended with respect to any week or weeks of the benefit year.
(2) The Director
of the Employment Department shall promptly give notice of an initial
determination under this section to the claimant and to any employers that have
paid wages to the claimant during the base year. Initial notice to a base-year
employer shall include notice of the potential charges to the employer’s
account under ORS 657.471.
(3) The director
shall promptly give notice of an amended determination under this section to
the claimant and to all employers that have paid wages to the claimant during
the base year and that are affected by the amended determination.
(4) An initial or
amended determination may be canceled by the claimant at any time even though
final, providing no disqualification has been assessed, no appeal of a
disqualification or denial has been requested by the claimant nor benefits paid
on such claim.
(5) Unless the
claimant or a base-year employer files a request for hearing on the initial or
amended determination with the director, the determination shall become final
and the Employment Department shall pay or deny benefits in accordance with the
determination, unless otherwise provided by law. The request for hearing must
be filed not later than 10 days after the delivery of the initial or amended
determination unless the Employment Department mails the determination, in
which case the request for hearing must be filed not later than 10 days after
the date the determination is mailed to the last-known address of the claimant
and the base-year employer. [1993 c.778 §6; 2001 c.101 §1]
Notes of Decisions
Newport Church of the Nazarene v. Hensley, 56 P.3d 386 (Or. 2002).
“ORS 657.266 - 657.267. In making that determination, the department decides, among other things, whether the claimant has worked for an employer subject to ORS chapter 657 and investigates whether the reason for the claimant’s unemployment does or does not disqualify the…”
Lane v. Emp. Dep't, 213 P.3d 9 (Or. Ct. App. 2009).
“See ORS 657.266(2). Wages’ means all remuneration for employment.”
Newport Church of the Nazarene v. Hensley, 983 P.2d 1072 (Or. Ct. App. 1999).
“ORS 657.266; ORS 657.267. In making that determination, the Department first decides whether the claimant has worked for an employer subject to ORS chapter 657 and, if so, whether the claimant has earned enough wages dining the base year to qualify for benefits.”
May Trucking Co. v. Emp. Dep't, 284 P.3d 553 (Or. Ct. App. 2012).
· cites it 9× “Under ORS 657.266, the department must, promptly on receipt of a claim for benefits, “determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits,” and give the employer notice of…”
3P Delivery, Inc. v. Emp. Dep't, 296 P.3d 526 (Or. Ct. App. 2012).
“In its second assignment of error, 3PD asserts that EAB erred in concluding that 3PD had proper notice of the Employment Department’s initial determination under ORS 657.266(1), as well as an opportunity to fully litigate the applicability of the exemption.”
Hooton, Wold & Okrent, LLP v. Emp. Dep't, 391 P.3d 858 (Or. Ct. App. 2017).
· cites it 2× “e base year; “(b) The individual has become eligible for benefits because of loss of employment with one or more other employers; “(c) The employer has continued to furnish part-time work to the individual in substantially the same amount as during the individual’s base year;…”
Kroetch v. Emp. Dep't, 341 P.3d 137 (Or. Ct. App. 2014).
“471 was independent of, and not a substitute for, the process to contest unemployment compensation eligibility determinations under ORS 657.266(5). This form was included in employer’s exhibit 3.”
Cret v. Emp. Dep't, 932 P.2d 560 (Or. Ct. App. 1997).
“Fred Meyer sought hearings on the Department’s decisions, ORS 657.266(5), and the Department sent notices to claimants that a hearing would be held on November 29, 1994.”
— Or. Rev. Stat. § 657.266(1) — 2 cases
3P Delivery, Inc. v. Emp. Dep't, 296 P.3d 526 (Or. Ct. App. 2012).
“In its second assignment of error, 3PD asserts that EAB erred in concluding that 3PD had proper notice of the Employment Department’s initial determination under ORS 657.266(1), as well as an opportunity to fully litigate the applicability of the exemption.”
May Trucking Co. v. Emp. Dep't, 284 P.3d 553 (Or. Ct. App. 2012).
“Under ORS 657.266, the department must, promptly on receipt of a claim for benefits, “determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits,” and give the employer notice of…”
— Or. Rev. Stat. § 657.266(2) — 1 case
Lane v. Emp. Dep't, 213 P.3d 9 (Or. Ct. App. 2009).
“See ORS 657.266(2). Wages’ means all remuneration for employment.”
— Or. Rev. Stat. § 657.266(5) — 3 cases
May Trucking Co. v. Emp. Dep't, 284 P.3d 553 (Or. Ct. App. 2012).
“Under ORS 657.266, the department must, promptly on receipt of a claim for benefits, “determine the total amount of wages paid to the claimant during the base year and whether or not such amount is sufficient to qualify the claimant for benefits,” and give the employer notice of…”
Kroetch v. Emp. Dep't, 341 P.3d 137 (Or. Ct. App. 2014).
“471 was independent of, and not a substitute for, the process to contest unemployment compensation eligibility determinations under ORS 657.266(5). This form was included in employer’s exhibit 3.”
Cret v. Emp. Dep't, 932 P.2d 560 (Or. Ct. App. 1997).
“Fred Meyer sought hearings on the Department’s decisions, ORS 657.266(5), and the Department sent notices to claimants that a hearing would be held on November 29, 1994.”
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