Or. Admin. R. 436-050-0050
Current through Register Vol. 63, No. 6, June 1, 2024
Section 436-050-0050 - Corporate Officers, Partnerships; Limited Liability Company Members; Subjectivity(1) A corporation, limited liability company, or partnership may elect to provide workers' compensation coverage for otherwise nonsubject workers: (a) The election must be made in writing to the insurer at the beginning of a coverage policy and remain in effect until a revised written designation is given to the insurer; (b) A self-insured employer must file the election with the director. (2) If an entity does not file its initial election, or is not in compliance under ORS 656.017 and 656.407, then those exempt individuals will be determined in the following order: (a) For a corporation: (C) Vice President, if any; (D) Secretary/Treasurer, if any; (F) All other officers, if any; or (b) For a limited liability company or partners of a partnership: (A) The member or partner with the largest ownership interest; (B) The member or partner with the next largest ownership interest; and (c) If more than one person is in the same office, or more than one member or partner have equal ownership interest, the sequence of those persons will be determined by whose birthday falls earlier in a year. (3) Noncomplying corporations, noncomplying limited liability companies, or noncomplying partnerships, regardless of the number of employees, are limited to two exempt officers, members, or partners to be determined in accordance with section (2) of this rule. (4) For purposes of clarifying terms used in ORS 656.027: (a) "Commercial harvest of timber" means all commercial activities relating to harvest of timber from a parcel of property including, but not limited to, road building, marking of trees to be cut, timber falling, slash removal, and transportation of timber to the location where it will be processed into lumber or other products; and (b) "Director" means a person elected or appointed to a corporation's board of directors in accordance with its articles of incorporation or bylaws.Or. Admin. R. 436-050-0050
WCD 4-1982(Admin), f. 2-10-82, ef. 2-15-82; WCD 7-1983(Admin), f. 12-22-83, ef. 12-27-83; Renumbered from 436-051-0065, 1-1-86; WCD 9-1985(Admin), f. 12-12-85, ef. 1-1-86; WCD 9-1987, f. 12-18-87, ef. 1-1-88; WCD 8-1990(Temp), f. 6-18-90, cert. ef. 7-1-90; WCD 25-1990, f. 11-29-90, cert. ef. 12-26-90; WCD 7-1991(Temp), f. 10-4-91, cert. ef. 10-7-91; WCD 3-1992, f. 1-10-92, cert. ef. 2-1-92; WCD 9-1996, f. 3-11-96, cert. ef. 4-1-96; WCD 1-1998, f. 1-9-98, cert. ef. 1-23-98; WCD 5-2001, f. 6-22-01, cert. ef. 7-1-01; WCD 12-2003, f. 12-4-03, cert. ef. 1-1-04; WCD 1-2008, f. 6-13-08, cert. ef. 7-1-08; WCD 6-2012, f. 10-4-12, cert. ef. 1-1-13; WCD 5-2016, f. 11-28-16, cert. ef. 1/1/2017Stat. Auth.: ORS 656.726(4)
Stats. Implemented: ORS 656.027