| Employment Dept. Pending Rules |
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| Customer Info and Disclosure |
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OAR 471-010-0050, 0051, 0052, 0054, 0055, 0057
Definitions
(1) "Agent" means an individual who is authorized to act for or in the place of another individual or entity.
(2) "Aggregate information" means:
(a) For information relating to businesses: there must be at least three firms and no one firm makes up more than 80% of the data item being measured;
(b) For information relating to individuals: there must be at least three individuals in each aggregated data group being released.
(3) "Customer" means any employer, individual, public agency, public employee (other than Oregon Employment Department staff in the performance of duty), non-governmental entity or member of the public that provides information to the department or receives a department service.
(4) "Confidential information" means information obtained from employing units, employees or other individuals pursuant to ORS Chapter 657.
(5) "Discharge of duties" means the duties related to the department programs and services pursuant to ORS Chapter 657, which includes, but is not limited to:
(a) Administration of the department;
(b) Delivery of department and workforce programs and services in accordance with state or federal law;
(c) Cooperation with public employees in federal and state agencies administering unemployment insurance laws including, but not limited to system administration, coverage, collection of contributions, determination of eligibility and payment of benefits;
(d) Cooperation with public employees in state agencies administering recognized Oregon compensation and retirement, relief or welfare laws;
(e) Administration of federal or state grant programs awarded to the department in accordance with applicable laws, regulations or guidelines associated with the grant program;
(f) General duties of an agency head including, but not limited to cooperation with law enforcement and elected officials; or
(g) Cooperation with public employees in federal and state agencies charged with enforcing anti-discrimination and fair employment practice laws.
(6) "Functional control" means supervision by an Employment Department management employee over the work activities of a hosted worker, in the area of the public labor exchange (selecting and referring job seekers on employer openings on jobs listed with the Employment Department, directly assisting employers in listing jobs, and providing marketing or outreach services to the business community).
(7) As used in ORS Chapter 657.665(3)(a), the following terms have the following meaning:
(a) "Governmental planning functions" means duties authorized by law which are undertaken by state, federal, or local government agencies, to facilitate policy decisions about the future. These functions include, but are not limited to, economic or similar modeling, impact analysis, projections, and forecasting;
(b) "Governmental performance measurement functions" means duties authorized by law which are undertaken by state, federal, or local government agencies regarding the success and impact of government programs;
(c) "Governmental program analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the impact and operation of government programs. These functions include, but are not limited to, fiscal analysis, budget analysis, and workload analysis;
(d) "Governmental socioeconomic functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the socioeconomic conditions in which the governmental entity is operating. These functions include, but are not limited to, the analysis of demographic, labor force, employment, and income trends; and
(e) "Governmental policy analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to determine or better understand the impact of policy choices and decisions. These functions include, but are not limited to, economic impact analysis, trend analysis, and economic or similar modeling.
(8) "Hosted Worker" means a non-Department employee or volunteer who works, at least partially, under the functional control of an Employment Department management staff. The roles and responsibilities as well as the duties and confidentiality implications must be addressed in a written agreement with the Hosted Worker's actual employer or the Worker if there is no employer.
(9) "Informed consent" means that, prior to collecting or disclosing information from customers:
(a) The customer shall be informed of:
(A) How the information will be used;
(B) The authority which authorizes the collection or disclosure of the information;
(C) Whether the collection or disclosure of the information is mandatory or voluntary;
(D) That any information disclosed will come from state government files;
(E) The effects on the customer, if any, of not allowing collection or disclosure of the information; and
(b) If the information from the customer is to be submitted to the Employment Department by a one-stop delivery system partner for a cross-match with Employment Department information, the customer shall also be informed that:
(A) The information may be shared with the Employment Department; and
(B) The information to be shared may be matched with information from Employment Department records.
(10) "Need-to-Know" means that access to, possession of, or other use of customer-related information is essential in order to carry out official duties. It does not include:
(a) Accessing confidential information to satisfy curiosity, for personal gain, or to provide the information to friends, spouses, relatives or any other unauthorized individual;
(b) Discussing confidential information among co-workers except as needed to perform official duties; or
(c) Disclosing or discussing confidential information on personal time or in non-work settings.
(11) "One-stop delivery system" means the workforce development activities provided by one-stop delivery system partner entities as authorized by the Workforce Investment Act and HB 3835 (Chapter 684; Oregon Laws 2001) and described in local Memorandums of Understanding (MOU) developed by workforce investment boards and approved by the Governor's Office of Education & Workforce Policy.
(12) "One-stop delivery system partner" means entities authorized by the Workforce Investment Act and HB 3835 (Chapter 684; Oregon Laws 2001) and described in local Memorandums of Understanding (MOU) developed by workforce investment boards and approved by the Governor's Office of Education & Workforce Policy.
(13) "Party" has the same meaning as in ORS 183.310(6).
(14) "Person" has the same meaning as in ORS 183.310(7).
(15) "Recognized compensation and retirement, relief or welfare laws," includes, but is not limited to the following:
(a) Indigent Defense Program administered by the State Court Administrator pursuant to ORS 151.430 et. seq.;
(b) Compensation of Crime Victims administered by the Department of Justice pursuant to ORS 147.005 et. seq.;
(c) Housing for low income individuals administered by local housing authorities pursuant to ORS Chapter 456;
(d) Programs administered by the Family Health Insurance Assistance Program pursuant to ORS 735.722 et. seq.; and
(e) Programs administered by the Department of Human Services, including, but not limited to:
(A) Children, Adults and Families administering:
(i) Foster care maintenance payments for youth administered in conjunction with the Oregon Youth Authority pursuant to ORS 420.810 et. seq.;
(ii) Maintenance payments to individuals with occupational handicaps administered pursuant to ORS 344.511 et. seq.;
(iii) Temporary Assistance to Needy Families; and
(iv) Food Stamps.
(B) Seniors and People with Disabilities.
(16) "Third Party" means an individual or entity other than an agent to whom the customer has authorized and directed disclosure.
(17) "Written disclosure agreement" means an interagency or other applicable agreement for sharing or disclosing information by written, electronic, paper, verbal or other means.
(18) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 as codified in Public Law 105-220.
471-010-0051
Disclosure Charges
(1) The department may charge a reasonable fee for disclosures of records that involve more than incidental Oregon Employment Department staff time to prepare or require special processing. Examples of such disclosures include, but are not limited to requests under the Oregon Public Records law for numerous documents or records; or discreet, one-time only requests for a cross-match of records against department records. The department's designated Custodian of Records shall have the final authority to set and approve charges.
(2) The department shall submit invoices for the charges. Programming costs are due upon receipt of billing. The invoice shall note the agency's contract number.
(3) Charges for disclosure of records to private entities shall be set by written agreement with the entity.
471-010-0052
Information Collection
(1) The department shall only collect and maintain customer information that is relevant and necessary under ORS Chapter 657 and chapter 657A.
(2) In addition to the mandatory disclosure of social security numbers required under OAR 471-030-0025, the department may request that customers voluntarily provide their social security number to facilitate program administration, including research and statistical data or for such other purpose as disclosed to the customer. The department shall not refuse to provide a benefit or service to any customer that refuses a voluntary request to provide their social security number.
(3) Oregon Employment Department staff must safeguard the confidentiality of information collected or obtained and disclose only information about the customer necessary under ORS Chapter 657 and chapter 657A.
471-010-0054
Authorized Disclosure
(1) The department is authorized to disclose confidential information or records to public agencies, provided that a written disclosure agreement is in place, under the following circumstances:
(a) In the "discharge of duties" as authorized by the department Director;
(b) For public administration of compensation and retirement, relief or welfare laws;
(c) To state and federal government agencies authorized by ORS Chapter 657;
(d) For the purpose of providing payment of unemployment insurance benefits; or
(e) To state, federal, and local government agencies for governmental planning, performance measurement, program analysis, socioeconomic analysis, and policy analysis functions, consistent with Sections (2) and (3) of this rule.
(2) The department is authorized to disclose confidential information or records for governmental planning, performance measurement, program analysis, socioeconomic analysis, and policy analysis functions by state, federal, or local agencies only if:
(a) The information is only used for planning, performance measurement, program analysis, socioeconomic analysis, or policy analysis purposes;
(b) The information is necessary for the successful performance of those planning, performance measurement, program analysis, socioeconomic analysis, or policy analysis activities; and
(c) The requesting agency's authorizing statute reasonably provides that the agency perform planning, performance measurement, program analysis, socioeconomic analysis, or policy analysis functions.
(3) As used in ORS Chapter 657.665(3)(a), the terms "Governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions" do not authorize the disclosure of confidential information:
(a) For purposes of mass mailings or marketing;
(b) That was collected by way of surveys conducted for statistical purposes, including those conducted in collaboration with the U.S. Bureau of Labor Statistics;
(c) For program eligibility or enforcement purposes; or
(d) Regarding individual persons, unless those persons have given their informed consent for such disclosure.
(4) The department is authorized to disclose confidential information or records as authorized under ORS Chapter 657 to non-governmental entities if the non-governmental entity enters into a written disclosure agreement with the department that:
(a) Requires informed consent from the individual to whom the information pertains;
(b) Safeguards the information once in the hands of the non-governmental entity; and
(c) Requires the non-governmental entity to pay all costs associated with the disclosure.
(5) The department is authorized to disclose confidential information or records to a third party or agent if:
(a) The Oregon Employment Department staff receives a written authorization signed and dated by the customer that specifically states the information that may be disclosed;
(b) The written authorization is witnessed or verified by Oregon Employment Department staff, or notarized;
(c) The third party or agent presenting the request is the same party authorized to receive the information.
(6) The Department is authorized to disclose confidential information or records to one-stop delivery system partners within the state or local one-stop delivery system if:
(a) An agreement between the Employment Department and the one-stop delivery system partner(s), addressing confidentiality and authorized uses of the customer information, has been completed;
(b) The customer whose information or records are being disclosed has provided informed consent authorizing that the information may be shared or disclosed; and
(c) Notice is provided that a consent, or authorization, is on file within the one-stop delivery system.
(7) Unless otherwise authorized by these rules the department is authorized to disclose confidential information or records to a customer only under the following provisions:
(a) The Oregon Employment Department staff is sure that the information was provided by the customer, or was previously provided to the customer; or
(b) For Oregon Employment Department wage records, the wage records are identified under the name, social security number or account number of the customer; and
(c) The Oregon Employment Department staff is sure that the customer's identity is the customer to which the information directly relates.
(8) The department is authorized to disclose confidential information or records to the customer's attorney or Certified Public Accountant without written authorization by the customer if the attorney or CPA affirmatively represents their client relationship with the customer. Disclosure to any other agent of the customer requires a written authorization under Section (5) of this rule.
(9) The department is authorized to disclose:
(a) Confidential information or records necessary to prepare for a pending hearing to the extent necessary for the proper presentation of an Oregon Unemployment Insurance benefit claim at a hearing before an Administrative Law Judge, once a request for hearing has been filed, or for a review arising under a state or federal program administered by the department to a party or agent of a party.
(b) Hearing records that are part of the official record of the hearing. Information or records submitted but not received into evidence remain confidential and are not subject to disclosure except to the party submitting the information or records.
(10) The department is authorized to disclose confidential information or records pursuant to a customer's request, to a legislator or other elected official, or their staff, if the department receives a copy of the customer's letter to the legislator or other elected official. The department will treat the letter as the customer's authorization for the legislator or other elected official, or their staff, to disclose the information necessary to fulfill the customer's request. If no letter is available, Oregon Employment Department staff will provide customer information only after verifying with the legislator or other elected official, or their staff, that the contact is from the customer. If contact was not from the customer, a written authorization is required.
(11) The department is authorized to disclose confidential information or records without the customer's specific authorization and without a written disclosure agreement under the following provisions:
(a) In the "discharge of duties" as authorized by the department Director for Oregon Employment Department programs under ORS Chapter 657;
(b) For mandatory disclosures under the Social Security Act or other federal law; or
(c) In accordance with state or federal laws requiring cooperation with properly identified law enforcement officers or District Attorneys in the performance of their duties and pursuant to a warrant for the arrest of an individual;
(d) To a court in a civil, criminal or grand jury proceeding to which the State of Oregon is a party;
(e) To authorized personnel of agencies of other states for the purpose of administering federally funded unemployment insurance programs, Temporary Assistance to Needy Families, child support enforcement programs, and food stamps;
(f) To properly identified officials of the United States Social Security Administration and the United States Department of Health and Human Services for audit and administration of the Supplemental Security Income Program;
(g) To properly identified officials of the United States Department of Agriculture for audit and administration of the food stamp program; or
(h) To properly identified officials of state and federal agencies charged with administration of fair employment practices and anti-discrimination activities.
(12) The department is authorized to publish aggregated information, even if that information is based on confidential records, using the standards in OAR 471-010-0050(2). Customers or one-stop delivery system partners receiving confidential information for approved purposes are required to adhere to the same confidentiality and aggregation standards that the Employment Department uses.
(13) Oregon Employment Department staff are expected to comply with Oregon child abuse reporting laws under ORS Chapter 419B.010, elderly abuse reporting laws under ORS Chapter124.060, and patient abuse reporting laws under ORS 677.190.
(14) When an authorized representative of the department has been served a subpoena or other legal compulsory process to produce or disclose information from department records and the disclosure of such information is not specifically allowed under ORS Chapter 657 or this rule:
(a) The Director shall promptly inform the Assistant Attorney General assigned to the department of such demand;
(b) If the disclosure would, in the opinion of the Assistant Attorney General, be inconsistent with the provisions of state law or any policy or rule adopted pursuant to such law, the Assistant Attorney General shall take action to prevent the disclosure.
(15) Drug or alcohol abuse information or records received from federally funded treatment programs, facilities or activities may not be used or redisclosed by the department without the written consent of the patient.
(16) The Workforce Investment Act establishes a one-stop delivery system through which core services are provided, including those of the Wagner-Peyser Act (29 U.S.C. 49 et. Seq.), and where one-stop delivery system partners work on a collaborative and cooperative basis. The Workforce Investment Act also calls for the state to use Unemployment Wage Records, to the extent possible by state law, for the purpose of evaluation performance outcomes by other one-stop delivery system partners. It is the responsibility of the Director of the Employment Department to disclose all appropriate information to one-stop delivery system partners for necessary delivery of service, program evaluation, and performance measurement purposes. For these purposes, the following activities are within the Director's "discharge of duties:"
(a) The department is authorized to disclose confidential unemployment insurance wage records to one-stop delivery system partners for performance measurement purposes only under the following conditions:
(A) The requesting entity is a one-stop delivery system partner as described in OAR 471-010-0050(11);
(B) The individual for whom information is requested must have given informed consent for the information to be shared;
(C) The information requested shall not be used for eligibility determination, case management, intake, compliance, or any other purposes, except as required by state or federal law; and
(D) There must be an interagency or other applicable agreement with the one-stop delivery system partners that provides for safeguarding of the disclosed information, prohibits re-disclosure of the information without the express consent of the Employment Department, and imposes sanctions for the unauthorized disclosure of confidential information.
(b) Job listing information provided by employers to the Employment Department for the purpose of administering the public labor exchange. At the employer's direction the following information may be shared with job seekers who are interested in a particular job opening:
(A) For "self-refer" job listings, the job will be listed with all needed information displayed directly for all interested job seekers, who may then contact the employer directly; or
(B) For "suppressed" job listings, the needed information is only provided to job seekers who are determined to be qualified for the job listing, and who are then given contact information by the Employment Department or authorized Hosted Workers.
(c) Information, not including employer wage records or employer tax data, necessary for providing services to businesses for activities within the one-stop delivery system or for activities of the regional Workforce Response Teams (described in the Governor's Executive Order #03-16). The information to be shared may include details such as who to contact, planned contact schedules, employer training needs, and results of contacts and telephone calls for coordinated service delivery to the business community if there is an agreement with the one-stop delivery system partner(s) or the Workforce Response Team. The agreement should provide for steps in safeguarding confidential employer information
(d) The department is authorized to disclose job seeker information to one-stop delivery system partners under the following conditions:
(A) The requesting entity is a one-stop delivery system partner as described in OAR 471-010-0050(11);
(B) There is an interagency or other applicable agreement with the one-stop delivery system partner describing how the information will be used, that provides for the safeguarding of the information, and imposes sanctions for the unauthorized re-disclosure of the information;
(C) The individual for whom information is requested must have been provided with informed consent; and
(D) The information to be disclosed must be:
(i) Based on the one-stop delivery system partner's "need to know" to perform official duties of their program; or
(ii) The individual job seeker has specifically directed or authorized the sharing of the information.
(17) Oregon Employment Department staff, hosted workers and any other entities or individuals with access to Employment Department information are authorized to access confidential information only on a "need to know" basis, as needed to perform official duties.
471-010-0055
Sanctions for Unauthorized Disclosure or Redisclosure
(1) Any officer or employee of the Director of the department, who, except with authority of the director or pursuant to regulations, or as otherwise required by law, shall disclose confidential information under these rules, thereafter may be disqualified from holding any appointment or employment by the director.
(2) Any person or officer or employee of an entity to whom information is disclosed or given by the Employment Department pursuant to these rules, who divulges or uses such information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure, may be disqualified from holding any appointment or employment, or performing any service under contract, with the state agency employing that person or officer.
(3) Anyone who is not an employee of the State of Oregon who is authorized to access confidential information under a written agreement shall be subject to the sanctions specified in the agreement regarding unauthorized disclosures.
471-010-0057
Audit Authority and Written Agreements With Entities Having Access to Employment Department Information
(1) All written agreements with entities other than "Hosted Workers" that have access to Employment Department information shall stipulate that, no less than once a year, the entity shall conduct an audit of the processes by which the entity implements the agreement(s). The audits shall include, but are not limited to:
(a) How access to Employment Department information is granted;
(b) How access to Employment Department information is controlled;
(c) Why access to Employment Department information is granted, based on OAR 471-010-0054(14);
(d) Who is authorized to grant & revoke access to Employment Department information;
(e) What specific programs within the entity need access to Employment Department information;
(f) Which specific positions within the programs referenced in OAR 471-010-0057(1)(e) need access to Employment Department information;
(g) What specific information within the Employment Department information is needed;
(h) Whether access to Employment Department information is granted to contractors, who the contractor is, and why the contractor is being given access; and
(i) What "informed consent" if any, the entity uses when gathering information from its customers.
(2) These audits shall subsequently be submitted to the Employment Department, who shall have final authority to decide compliance with the procedures in OAR 471-010-0057(1).
Rule Notes:
This rule has been repealed and replaced with the rule listed below. Please see below for the new text of the Customer Information and Disclosure rule.
Questions? p: (503) 947-1724
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| New Customer Info Rule |
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OAR 471-0080, 0085, 0090, 0100, 0105, 0110, 0115, 0120, 0125
Definitions
(1) "Agent" means an individual or entity that is authorized to act for or in the place of another individual or entity.
(2) “Business” means any entity carrying on a trade or commercial enterprise that operates either inside or outside of Oregon and includes employers and employing units.
(3) "Customer" means any individual person seeking service from the Employment Department or other one-stop delivery system partner.
(4) “Employer” has the same meaning as in ORS 657.025
(5) “Employing Unit” has the same meaning as in ORS 657.020
(6) “Establishment” means an economic unit that produces goods or services, usually at a single physical location, and is engaged in one or predominantly one activity.
(7) "Governmental planning functions" means duties authorized by law which are undertaken by state, federal, or local government agencies, to facilitate policy decisions about the future. These functions include, but are not limited to, economic or similar modeling, impact analysis, projections, and forecasting.
(8) "Governmental performance measurement functions" means duties authorized by law which are undertaken by state, federal, or local government agencies regarding the success and impact of government programs.
(9) "Governmental program analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the impact and operation of government programs. These functions include, but are not limited to, fiscal analysis, budget analysis, and workload analysis.
(10) "Governmental socioeconomic functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to better understand the socioeconomic conditions in which the governmental entity is operating. These functions include, but are not limited to, the analysis of demographic, labor force, employment, and income trends.
(11) "Governmental policy analysis functions" means duties authorized by law which are undertaken by state, federal, or local government agencies to determine or better understand the impact of policy choices and decisions. These functions include, but are not limited to, economic impact analysis, trend analysis, and economic or similar modeling.
(12) "Hosted Worker" means a non-Department employee or volunteer who, under the supervision of an Employment Department management service employee, performs services in the area of the public labor exchange, such as: selecting and referring job seekers on employer openings on jobs listed with the Employment Department, assisting employers in listing jobs, providing marketing or outreach services to the business community, assisting customers with their iMatch Skills registration, and assisting in the resource rooms. The roles and responsibilities of the Hosted Worker, the Workers’ responsibilities with respect to confidential information, and the penalties for unauthorized disclosure must be addressed in a written agreement with the Hosted Worker's actual employer or the Worker if there is no employer.
(13) “Information” means
(a) Data that pertains to an individual business or person;
(b) Aggregations of data about businesses in which there are fewer than three businesses or in which any one business accounts for more than 80 percent of the aggregated data; and
(c) Aggregations of data about persons in which there are fewer than three persons.
(14) "Need to Know" means that access to, possession of, or other use of customer-related information is essential in order to carry out official duties.
(15) "One-stop delivery system" means the workforce development activities provided by one-stop delivery system partner entities as authorized by the Workforce Investment Act and HB 3835 (Chapter 684; Oregon Laws 2001) and described in local Memorandums of Understanding (MOU) or Regional Partnership Agreements (RPA) developed by workforce investment boards and approved by the Governor's Office of Education & Workforce Policy.
(16) "One-stop delivery system partner" means entities authorized by the Workforce Investment Act and HB 3835 (Chapter 660; Oregon Laws 2001) and described in local Memorandums of Understanding (MOU) or Regional Partnership Agreements (RPA) developed by workforce investment boards and approved by the Governor's Office of Education & Workforce Policy. Entities may include private sector businesses that are a contracted agent of a governmental entity that is a one-stop delivery system agency or partner, and responsible for the delivery of Workforce Investment Act related services.
(17) “Public Official” means an official, agency, or public entity within the executive branch of Federal, State, or local government who, or which, has responsibility for administering or enforcing a law, or an elected official in the Federal, State, or local government.
(18) "Party" has the same meaning as in ORS 183.310(7).
(19) "Person" has the same meaning as in ORS 183.310(8).
(20) "Written disclosure agreement" means an interagency or other applicable agreement for sharing or disclosing information by written, electronic, paper, verbal or other means.
(21) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 as codified in Public Law 105-220.
471-010-0085
Responsibility of Employment Department Staff
(1) Department staff must safeguard the confidentiality of information collected or obtained and disclose only information about the customer that is authorized by law or that is necessary to administer ORS Chapter 657 and ORS Chapter 657A.
(2) Department staff and any other entities or individuals with access to Employment Department information are authorized to access confidential information only on a "need to know" basis, as needed to perform official duties.
471-010-0090
Disclosure Charges
The department may charge a reasonable fee to reimburse it for the cost of providing records, including the cost of preparing the information and costs associated with implementing and maintaining written disclosure agreements.
471-010-0100
Information Collection
(1) The department shall only collect and maintain customer information that is relevant and necessary to administer ORS Chapter 657 and ORS Chapter 657A.
(2) In addition to the mandatory disclosure of social security numbers required under OAR 471-030-0025, the department may request that customers voluntarily provide their social security number to facilitate program administration, including research and statistical data or for such other purposes as are disclosed to the customer. The department shall not refuse to provide a benefit or service to any customer that refuses a voluntary request to provide his or her social security number.
471-010-0105
General Disclosures
(1) The department is authorized to disclose confidential information or records to non-governmental entities if the non-governmental entity enters into a written disclosure agreement with the department that:
(a) Requires the non-governmental entity to obtain a written release from the individual or business to whom the information pertains, containing the following:
(i) a statement specifically identifying the information that is to be disclosed;
(ii) notice that state government files will be accessed to obtain the information;
(iii) a statement identifying the specific purposes for which the information is sought, which must be limited to providing a service or benefit to the individual or business signing the release or carrying out administration or evaluation of a public program;
(iv) a statement that information obtained under the release will only be used for that purpose or purposes; and
(v) a statement identifying all the parties who may receive the information;
(b) Requires the non-governmental entity to safeguard the information once in the hands of the non-governmental entity; and
(c) Requires the non-governmental entity to pay all costs associated with the disclosure.
(2) Unless otherwise authorized by these rules, the department is authorized to disclose confidential information or records to a customer or business only under the following provisions:
(a) The Oregon Employment Department staff is sure that the information was provided by the customer or business, or was previously provided to the customer or business; or
(b) For Oregon Employment Department wage records, the wage records are identified under the name, social security number or account number of the customer.
(3) The department is authorized to disclose confidential information or records to a third party or agent based on the informed consent of a customer or business if:
(a) The department receives a written release signed and dated by the customer or business that specifically states the information that may be disclosed and contains the information required by subsection (1)(a)(i)-(v) of this rule;
(b) The written release is witnessed or verified by a department staff person, or notarized; and
(c) The third party or agent presenting the request is the same party authorized to receive the information.
(d) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.
(4) The department is authorized to disclose confidential information or records regarding a customer or business to the attorney for a customer or business pursuant to an informed consent from the customer or business that contains the information required in subsection (2) of this rule.
(a) If the attorney has been retained for purposes related to ORS Chapter 657 and the attorney asserts that he or she represents the customer or business, a written release that complies with subsection (2) of this rule is not required.
(b) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.
(5) The department is authorized to disclose confidential information or records to a legislator or other elected official, or his or her staff, pursuant to an informed consent from a customer or business.
(a) A written release that complies with subsection (2) of this rule is not required if the department receives a copy of the letter written by the customer or business to the legislator or other elected official requesting the assistance of the elected official.
(b) If no letter is available, Oregon Employment Department staff will provide customer or business information only after receiving reasonable evidence from the legislator or other elected official, or his or her staff, that the customer or business authorized the disclosure.
(c) The department will disclose only information that may be provided directly to the customer or business consenting to the disclosure.
(6) Department staff must comply with Oregon child abuse reporting laws under ORS Chapter 419B.010, elderly abuse reporting laws under ORS Chapter124.060, and patient abuse reporting laws under ORS 677.190.
(7) Drug or alcohol abuse information or records received from federally funded treatment programs, facilities or activities may not be used or redisclosed by the department without the written consent of the patient or a court order and subpoena that comply with the requirements in 42 USC § 290dd-2 and 42 CFR Part 2.
471-010-0110
Unemployment Insurance Disclosures
(1) The department is authorized to disclose confidential information or records necessary to prepare for a pending hearing to the extent necessary for the proper presentation of an Oregon Unemployment Insurance benefit claim at a hearing before an Administrative Law Judge, once a request for hearing has been filed.
(2) The department is authorized to disclose confidential information or records necessary to prepare for a review arising under a state or federal program administered by the department to a party or agent of a party.
471-010-0115
Business and Employment Services Disclosures
(1) The Department is authorized to disclose confidential customer information or records to one-stop delivery system partners if:
(a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the customer information;
(b) The request is based on the one-stop delivery system partner’s "need to know" to perform official duties of their program;
(c) The customer whose information or records are being disclosed has provided informed consent authorizing that the information may be shared or disclosed; and
(d) Notice is provided that a consent, or authorization, is on file or secured electronically within the workforce system.
(2) The department is authorized to share business information with one-stop delivery system partners if:
(a) A written disclosure agreement exists between the Employment Department and one-stop delivery system partner addressing confidentiality and authorized uses of the employer information;
(b) The request is based on the one-stop delivery system partner's "need to know" to perform official duties of their program;
(c) The information does not include employer wage records or employer tax data; and
(d) The information is necessary for providing services to businesses. The information to be shared may include details such as who to contact, planned contact schedules, employer training needs, and results of contacts and telephone calls for coordinated service delivery to the business community.
(3) The department is authorized to disclose job listing information to customers, under the following circumstances:
(a) For "self-refer" job listings, the job will be listed with all needed information displayed directly for all interested job seekers, who may then contact the employer directly; or
(b) For "suppressed" job listings, the needed information is only provided to job seekers who are determined to be qualified for the job listing, and who are then given contact information by the Employment Department, authorized Hosted Workers, or one-stop delivery system partners with approved access to the information.
471-010-0120
Workforce and Economic Research Disclosures
(1) Department staff may share confidential information with public agencies for purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis, if a written disclosure agreement is in place and if the requesting entity agrees to pay the costs of providing such information.
(2) Department staff may share confidential information with consultants and contractors working on specific projects for public agencies if those projects are for the purposes of governmental planning, performance measurement, program analysis, socio-economic analysis, and policy analysis; if a written disclosure agreement is in place between the Employment Department, the public agency, and the consultant or contracting firm; and if the requesting entity agrees to pay the costs of providing such information.
(3) Unless specifically noted elsewhere in ORS 657.665 or in this Rule, "governmental planning, performance measurement, program analysis, socioeconomic analysis and policy analysis functions" do not authorize the disclosure of confidential information:
(a) For purposes of mass mailings or marketing;
(b) That was collected by way of surveys conducted for statistical purposes, including those conducted in collaboration with the U.S. Bureau of Labor Statistics;
(c) For program eligibility or enforcement purposes; or
(d) Regarding individual persons, unless those persons have given their informed consent for such disclosure.
(4) Maps showing the location and characteristics of business establishments shall be limited by the following:
(a) The name, address, specific location, and specific employment or payroll information about the business will not be displayed.
(b) The employment level of the business will be computed and reflected as follows:
(i) An annual average employment level for each establishment shall be the sum of each individual month’s employment divided by 12.
(ii) This annual average employment level will be rounded to the nearest integer.
(iii) These rounded annual average employment levels will be reflected on a map using no greater detail than the following size class breakouts: 0, 1-4, 5-9, 10-19, 20-49, 50-99, 100-249, 250-499, and 500 or greater. Aggregations of these size classes are permitted.
(c) Businesses in the following industries will not be presented on maps:
(i) All businesses in NAICS 624221 – Temporary Shelters
(ii) All businesses in NAICS 814110 – Private Households
(5) For purposes of ORS 657.665(3)(a) and ORS 657.665(4)(n), “local government” means cities, counties, and other political sub-divisions coded with an ownership code 3 in Employment Department records, with the exception of Indian tribal governmental agencies and other agencies specifically excluded based on other statutes or rules.
(6) Department staff may disclose the North American Industry Classification System (NAICS) code of any business and, by extension, may provide the NAICS definition of the industry of any business. Additionally, Department staff may provide lists of businesses in particular NAICS codes. However, these disclosures may only include the name and NAICS code or definition of the business; they may not include additional information such as address, contact information, or employment-related data.
(a) The NAICS codes of businesses in following industries will not be shared, nor will lists of these businesses be shared:
(i) All businesses in NAICS 624221 – Temporary Shelters
(ii) All businesses in NAICS 814110 – Private Households
471-010-0125
Audit Authority and Written Agreements With Entities Having Access to Employment Department Information
(1) All written agreements with entities other than "Hosted Workers" that have access to Employment Department information shall stipulate that, no less than once a year, the entity shall conduct an audit of the processes by which the entity implements the agreement(s). The audits shall include, but are not limited to:
(a) How access to Employment Department information is granted;
(b) How access to Employment Department information is controlled;
(c) Why access to Employment Department information is granted, based on OAR 471-010-0054(14);
(d) Who is authorized to grant & revoke access to Employment Department information;
(e) What specific programs within the entity need access to Employment Department information;
(f) Which specific positions within the programs referenced in OAR 471-010-0057(1)(e) need access to Employment Department information;
(g) What specific information within the Employment Department information is needed;
(h) Whether access to Employment Department information is granted to contractors, who the contractor is, and why the contractor is being given access; and
(i) What "informed consent" if any, the entity uses when gathering information from its customers.
(2) These audits shall subsequently be submitted to the Employment Department, who shall have final authority to decide compliance with the procedures in OAR 471-010-0057(1).
Rule Notes:
This rule is proposed and is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions?
e: rules.emp@state.or.us
p: (503) 947-1724
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| Fraudulent Claims |
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OAR 471-030-0052
471-030-0052
Misrepresentation Disqualification
(1) An authorized representative of the Employment Department shall determine the number of weeks of disqualification under ORS 657.215 according to the following criteria:
(a) When the disqualification is imposed because the individual failed to accurately report work and/or earnings, the number of weeks of disqualification shall be determined by dividing the total amount of benefits overpaid to the individual for the disqualifying act(s), by the maximum Oregon weekly benefit amount in effect during the first effective week of the initial claim in effect at the time of the individual's disqualifying act(s), rounding off to the nearest two decimal places, multiplying the result by four squaring the result and rounding it up to the nearest whole number.
(b) When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 relates to the provisions of ORS 657.176, the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or four weeks, whichever is greater.
(c) When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (other than work and/or earnings), the number of weeks of disqualification shall be the number of weeks calculated in the same manner as under subsection (a) above, or the number of weeks in which a disqualifying act(s) occurred, whichever is greater.
(d) When the disqualification is imposed because the disqualifying act(s) under ORS 657.215 relates to the provisions of ORS 657.176 and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus four weeks.
(e) When the disqualification is imposed because the disqualifying act(s) relates to the provisions of ORS 657.155 (other than work and/or earnings) and a failure to accurately report work and/or earnings, the number of weeks of disqualification shall be the number of weeks calculated in the manner set forth in subsection (a) plus the number of weeks in which a disqualifying act(s) occurred relating to the provisions of ORS 657.155 (other than work and earnings.)
(2) The number of weeks of disqualification assessed under section (1) of this rule shall be doubled, but not to exceed 26 52 weeks, if the individual has one previous disqualification under ORS 657.215, and that prior disqualification determination has become final.
(3) Notwithstanding sections (1) and (2) of this rule, the number of weeks of disqualification under ORS 657.215 shall be 26 52 weeks if:
(a) The disqualification under ORS 657.215 is because the individual committed forgery; or
(b) The individual has two previous disqualifications under ORS 657.215, and those prior two disqualification determinations have become final.
(4) Notwithstanding Sections (1), (2) and (3), an authorized representative of the Employment Department may determine the number of weeks of disqualification according to the circumstances of the individual case, but not to exceed 26 52 weeks.
(5) All disqualifications imposed under ORS 657.215 shall be served consecutively.
(6) Any week of disqualification imposed under ORS 657.215 may be satisfied by meeting all of the eligibility requirements of ORS Chapter 657, other than ORS 657.155(1)(e).
Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.215
Hist.: 1DE 151, f. 9-28-77, ef. 10-4-77; ED 10-2003, f. 7-25-03, cert. e
Rule Notes:
This rule is temporary; the proposed rule is currently published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions? p: (503) 947-1724
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| Union Referral List |
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OAR 471-030-0215
As used in ORS 657.176(11)(c), “referral list under the collective bargaining agreement” means a list of unemployed members in good standing maintained by a union/labor organization to which the worker belongs. The union/labor organization maintains the referral list for the sole purpose of selecting, notifying, directing and dispatching eligible members to job openings with employers who have a contract/collective bargaining agreement with that union/labor organization and, based on the agreement, only hire members of that union/labor organization referred by that union/labor organization to perform specific categories of job duties. A referral list does not include any list maintained by a union/labor organization solely for the purpose of rehire or recall to the worker’s former/current position.
Rule Notes:
This rule is temporary; the proposed rule will soon be published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions? p: (503) 947-1724
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| AG's Model Rules |
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OAR 471-010-0020
Division 1 of the Attorney General's Model Rules of Procedure effective December 9, 2003 January 1, 2008, shall be applicable to rulemaking functions of the Employment Department.
[ED. NOTE: The full text of the Attorney General's Model Rules of Procedure is available from the office of the Attorney General or Employment Department.]
Rule Notes:
This rule is temporary; the proposed rule is soon to be published in the most recent edition of the Oregon Bulletin. Parties interested in providing written testimony to the Employment Department regarding this rule may do so to the Rules Coordinator by email, fax or mail:
Janet Orton
Rules Coordinator
Oregon Employment Department
875 Union St NE
Salem, OR 97311
e: rules.emp@state.or.us
f: (503) 947-1878
Questions? p: (503) 947-1724
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