Oregon Revised Statutes

Or. Rev. Stat. § 657.681 (2026)

Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing

✓ current as of May 2026

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657.681 Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing. (1) If an employer files a report for the purpose of determining the amount of contributions due under this chapter but fails to pay contributions or interest, the Director of the Employment Department or authorized representative may assess the amount of contributions or interest due on the basis of the information submitted and shall give written notice of the assessment to the employer mailed to the employer’s last-known address of record with the director. In the event that such report is subsequently found to be incorrect additional assessments may be made, subsection (5) of this section to the contrary notwithstanding.

(2) If an employer fails to file a report when required by the director for the purpose of determining the amount of contribution due under this chapter, the director or authorized representative may make an estimate based upon any information of the amount of wages paid for employment in the period or periods for which no report was filed and upon the basis of such estimate shall compute and assess the amount of employer contributions payable by the employer. Written notice of the assessment to the employer shall be mailed to the employer’s last-known address of record with the director.

(3) If the director or authorized representative is not satisfied with a report made by an employer for the purpose of determining the amount of contribution due under this chapter, the director or authorized representative may compute the amount required to be paid upon the basis of facts contained in the report or upon the basis of any information obtainable and may make an assessment of the amount of the deficiency. Written notice of such deficiency assessment to the employer shall be mailed to the employer’s last-known address of record with the director.

(4) If the director or authorized representative has reason to believe that an employer or person liable under ORS 657.516 is insolvent, or that the collection of any contributions will be jeopardized by delaying collection, the director or authorized representative may thereupon make an immediate assessment of the estimated amount of accrued contributions, noting upon the assessment that it is a jeopardy assessment levied under this subsection, and may proceed to enforce collection immediately, but interest shall not begin to accrue upon such contributions until the due date nor shall court costs be taxed against such employer or person liable under ORS 657.516 on any action to enforce collection commenced prior to the due date. The director or authorized representative may, in levying the assessment, demand a bond or deposit of such security as is necessary to ensure collection of the amount of such assessment. Written notice of the assessment to the employer or person liable under ORS 657.516 shall be mailed to the employer’s or person’s last-known address of record with the director.

(5) All assessments provided for in this section shall finally fix the amount of contributions due and payable unless the employer or person liable under ORS 657.516 shall within 20 days after the mailing of the notice of assessment apply to the director for a hearing, or unless the director or authorized representative on the motion of the director or authorized representative reviews the same prior to a decision of the administrative law judge thereon pursuant to hearing. An employer or person liable under ORS 657.516 who fails to apply for a hearing upon an assessment within the time provided or, having applied, fails to appear and be heard after due notice of such hearing, shall be precluded from raising any defense to any action, suit or proceeding brought by the director for the recovery of contributions based upon such assessment which could have been raised in the hearing. The amount of contributions so assessed under this section shall be subject to the penalties and interest provided by ORS 657.515 and 657.663. [1963 c.354 §3 (657.552, 657.652, 657.679, 657.681 and 657.683 enacted in lieu of 657.472, 657.512, 657.550 and 657.672); 1981 c.563 §1; 1999 c.849 §148; 2003 c.75 §105; 2009 c.79 §5]

Notes of Decisions

Cited in 15 cases, 1970–2014 · leading case: Kaib's Roving R.Ph. Agency, Inc. v. Emp. Dep't, 50 P.3d 1193 (Or. Ct. App. 2002).

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Kaib's Roving R.Ph. Agency, Inc. v. Emp. Dep't, 50 P.3d 1193 (Or. Ct. App. 2002). · cites it 3× “On March 4, 1996, the Department issued a Notice of Tax Assessment to petitioner pursuant to ORS 657.681, in which it assessed unemployment taxes and interest.”

Kaib's Roving R.Ph. Agency, Inc. v. Emp. Dep't, 77 P.3d 327 (Or. Ct. App. 2003). · cites it 2× “On March 4, 1996, the Department issued a Notice of Tax Assessment to petitioner pursuant to ORS 657.681, in which it assessed unemployment taxes and interest.”

In Re Cottage Grove Hosp., 265 B.R. 241 (Bankr. D. Or. 2001). “The director may assess a nonprofit employing unit for past due taxes and such assessment shall be subject to the same interest, penalties, enforcement, appeal and any other provisions of this chapter that apply to taxes assess pursuant to ORS 657.681. ORS 657.505(8)(e). The…”

Dick v. Morgan, 468 P.2d 544 (Or. Ct. App. 1970). “Respondent requested a hearing, ORS 657.681(5), at which the referee found for appellant.”

Kaib's Roving R.Ph. Agency, Inc. v. Emp. Dep't, 111 P.3d 739 (Or. 2005). “683 sets out the procedure by which an employer who objects to the director’s assessment of employment taxes under ORS 657.681 may seek a hearing before an ALJ.”

Broadway Cab LLC v. Emp. Dep't, 336 P.3d 12 (Or. Ct. App. 2014). · cites it 2× ““Additionally, while under ORS 657.681(2), the Department has the authority to estimate the amount of wages paid during periods for which no report was filed and make assessments based on such estimates, the ALJ does not have the same authority.”

Sports Clubs, LLC v. Emp. Dep't, 234 P.3d 136 (Or. Ct. App. 2010). · cites it 2× “After receiving the notices *633 of tax assessment and additional assessment, petitioner requested a hearing pursuant to ORS 657.681 and ORS 657.683(1) and contended that the assessments were incorrect because petitioner did not employ any employees; rather, petitioner asserted…”

Emp. Div. v. Surata Soy Foods, Inc., 662 P.2d 810 (Or. Ct. App. 1983). “(Surata) pursuant to ORS 657.681. We reverse. Surata is a cooperative corporation organized under ORS ch 62.”

M/V Dake II Co. v. Emp. Div., 552 P.2d 846 (Or. Ct. App. 1976). “679 provides for notice by the division to an employer that the employer is subject to the Law, and ORS 657.681 provides that the respondent may assess employer contributions when the employer has filed a report without paying contributions or when he has not filed at all when…”

Danielson Contractors v. Dept. of Revenue, Tc-Md 091470c (or.tax 1-4-2011) (Or. T.C. 2011). · cites it 4× “601(1) requires the Employment Department to administer the unemployment insurance laws of the state of Oregon; and ORS 657.681(1) authorizes the director or a representative of the director to assess unpaid employer contributions.”

KAIB'S ROVING v. Emp. Dept., 111 P.3d 739 (Or. 2005). “683 sets out the procedure by which an employer who objects to the director's assessment of employment taxes under ORS 657.681 may seek a hearing before an ALJ.”

Mortg. Galeria, LLC v. Emp. Dep't, 197 P.3d 1146 (Or. Ct. App. 2008). · cites it 2× “” ORS 657.681(4). This case involves such a jeopardy assessment.”

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— Or. Rev. Stat. § 657.681(1) — 1 case

Danielson Contractors v. Dept. of Revenue, Tc-Md 091470c (or.tax 1-4-2011) (Or. T.C. 2011). “601(1) requires the Employment Department to administer the unemployment insurance laws of the state of Oregon; and ORS 657.681(1) authorizes the director or a representative of the director to assess unpaid employer contributions.”

— Or. Rev. Stat. § 657.681(2) — 1 case

Broadway Cab LLC v. Emp. Dep't, 336 P.3d 12 (Or. Ct. App. 2014). ““Additionally, while under ORS 657.681(2), the Department has the authority to estimate the amount of wages paid during periods for which no report was filed and make assessments based on such estimates, the ALJ does not have the same authority.”

— Or. Rev. Stat. § 657.681(3) — 2 cases

In re Mazama Timber Prods., Inc., 34 B.R. 556 (Bankr. D. Or. 1983).

— Or. Rev. Stat. § 657.681(4) — 1 case

Mortg. Galeria, LLC v. Emp. Dep't, 197 P.3d 1146 (Or. Ct. App. 2008). “” ORS 657.681(4). This case involves such a jeopardy assessment.”

— Or. Rev. Stat. § 657.681(5) — 4 cases

Dick v. Morgan, 468 P.2d 544 (Or. Ct. App. 1970). “Respondent requested a hearing, ORS 657.681(5), at which the referee found for appellant.”

Mortg. Galeria, LLC v. Emp. Dep't, 197 P.3d 1146 (Or. Ct. App. 2008). “” ORS 657.681(4). This case involves such a jeopardy assessment.”

In re Mazama Timber Prods., Inc., 34 B.R. 556 (Bankr. D. Or. 1983).

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