Or. Admin. Code § 471-070-1550

Current through Register Vol. 63, No. 10, October 1, 2024

Section 471-070-1550 - Benefits: Penalties for Employer Misrepresentation

(1) In accordance with ORS 657B.332(2), the director may assess a civil penalty of up to $1,000 against an employer each time the employer makes or causes to be made a willful false statement or willful failure to report a material fact regarding the claim of an employee or regarding an employee's eligibility for Paid Family and Medical Leave Insurance benefits.

(2) The director may consider the following mitigating and aggravating circumstances when determining whether to assess a civil penalty under section (1) of this rule and the amount assessed:

(a) Whether the employer knew or should have known they were making or causing to be made a false statement or failing to report a material fact;

(b) Prior violations, if any, of ORS chapter 657B by the employer;

(c) Whether a violation of ORS chapter 657B by the employer resulted in harm to an employee;

(d) Whether a violation of ORS chapter 657B by the employer resulted in erroneous or incorrect benefit or assistance grant payments;

(e) The magnitude and seriousness of a violation of ORS 657B.332(1).

(3) It is the responsibility of the employer to provide the director any mitigating evidence concerning liability for or the amount of the civil penalty to be assessed.

(4) The director shall consider all mitigating circumstances presented by the employer for the purpose of determining the amount of the civil penalty to be assessed.

(5) Any amount in penalties due under ORS 657B.332(2) and this rule may be collected by the director in a civil action against the employer brought in the name of the director.

Or. Admin. Code § 471-070-1550

ED 13-2022, adopt filed 11/04/2022, effective 11/4/2022; ED 5-2024, amend filed 07/30/2024, effective 8/1/2024

Statutory/Other Authority: ORS 657B.332 & 657B.340

Statutes/Other Implemented: ORS 657B.332