2021 Oregon Revised Statutes
Chapter 657 - Unemployment Insurance
Section 657.665 - Confidentiality of information.


(a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering the unemployment insurance, employment service and workforce and labor market information programs in Oregon.
(b) May not be used in any court action or in any proceeding pending in the court unless the director or the state is a party to the action or proceeding or unless the proceeding concerns the establishment, enforcement or modification of a support obligation and support services are being provided by the Division of Child Support or the district attorney pursuant to ORS 25.080.
(c) Is exempt from disclosure under ORS 192.311 to 192.478.
(2) The Employment Department shall disclose information:
(a) To any claimant or legal representative, at a hearing before an administrative law judge, to the extent necessary for the proper presentation of an unemployment insurance claim.
(b) Upon request to the United States Secretary of Labor. The Employment Department shall disclose the information in a form and containing the information that the United States Secretary of Labor may require. The information disclosed is confidential and may not be used for any other purpose.
(c) Pursuant to section 303(a)(7) of the Social Security Act, upon request to any agency of the United States charged with the administration of public works or assistance through public employment. Under this paragraph, the Employment Department shall disclose the name, address, ordinary occupation and employment status of each recipient of unemployment insurance benefits and a statement of the recipient’s right to further benefits under this chapter. The information disclosed is confidential and may not be used for any other purpose.
(d) Pursuant to section 303(c)(1) of the Social Security Act, to the Railroad Retirement Board. Under this paragraph, the Employment Department shall disclose unemployment insurance records. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the board.
(e) Pursuant to section 303(d) of the Social Security Act, upon request to officers and employees of the United States Department of Agriculture and to officers or employees of any state Supplemental Nutrition Assistance Program agency for the purpose of determining an individual’s eligibility for or the amount of supplemental nutrition assistance. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Agriculture.
(f) Pursuant to section 303(e)(1) and (2)(A)(ii) of the Social Security Act, to state or local child support enforcement agencies enforcing child support obligations under Title IV-D of the Social Security Act for the purposes of establishing child support obligations, locating individuals owing child support obligations and collecting child support obligations from those individuals. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the child support enforcement agency.
(g) Pursuant to sections 303(f) and 1137 of the Social Security Act, to agencies participating in the income and eligibility verification system for the purpose of verifying an individual’s eligibility for benefits, or the amount of benefits, under unemployment insurance, temporary assistance for needy families, Medicaid, the Supplemental Nutrition Assistance Program, Supplemental Security Income, child support enforcement or Social Security programs. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency.
(h) Pursuant to section 303(h) of the Social Security Act and section 3304(a)(16)(B) of the Federal Unemployment Tax Act, to the United States Department of Health and Human Services National Directory of New Hires. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Health and Human Services.
(i) Pursuant to section 303(i) of the Social Security Act, to officers and employees of the United States Department of Housing and Urban Development and to representatives of a public housing agency for the purpose of determining an individual’s eligibility for benefits, or the amount of benefits, under a housing assistance program of the United States Department of Housing and Urban Development. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Housing and Urban Development or the public housing agency.
(j) Pursuant to regulations of the United States Secretary of Health and Human Services issued under section 3304(a)(16)(A) of the Federal Unemployment Tax Act, and except as required by section 303 of the Social Security Act, to the state, a political subdivision or a federally recognized Indian tribe that has signed an agreement with the Department of Human Services to administer Part A of Title IV of the Social Security Act for the purpose of determining an individual’s eligibility for assistance, or the amount of assistance, under a program funded under Part A of Title IV of the Social Security Act. The information disclosed is confidential and may not be used for any other purpose.
(k) Upon request, to the United States Attorney’s Office. Under this paragraph, the Employment Department may disclose an individual’s employment and wage information in response to a federal grand jury subpoena or for the purpose of collecting civil and criminal judgments, including restitution and special assessment fees. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Attorney’s Office.
(3) The Employment Department may disclose information secured from employing units:
(a) To state agencies, federal agencies, local government agencies, public universities listed in ORS 352.002 and the Oregon Health and Science University established under ORS 353.020, to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis or policy analysis functions performed under applicable law. The information disclosed is confidential and may not be disclosed by the agencies or universities in any manner that would identify individuals, claimants, employees or employing units. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the agency or university requesting the information.
(b) As part of a geographic information system. Points on a map may be used to represent economic data, including the location, employment size class and industrial classification of businesses in Oregon. Information presented as part of a geographic information system may not give specific details regarding a business’s address, actual employment or proprietary information. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information.
(c) In accordance with ORS 657.673.
(4) The Employment Department may:
(a) Disclose information to public employees in the performance of their duties under state or federal laws relating to the payment of unemployment insurance benefits, the provision of employment services and the provision of workforce and labor market information.
(b) At the discretion of the Director of the Employment Department and subject to an interagency agreement, disclose information to public officials in the performance of their official duties administering or enforcing laws within their authority and to the agents or contractors of public officials. The public official shall agree to assume responsibility for misuse of the information by the official’s agent or contractor.
(c) Disclose information pursuant to an informed consent, received from an employer or claimant, to disclose the information.
(d) Disclose information to partners under the federal Workforce Innovation and Opportunity Act for the purpose of administering state workforce programs under the Act. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting partner.
(e) Disclose the names and addresses of employing units to the Bureau of Labor and Industries for the purpose of disseminating information to employing units. The names and addresses disclosed are confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.
(f) Disclose information to the Commissioner of the Bureau of Labor and Industries for the purpose of performing duties under ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405 to 658.511 or ORS chapter 652, 653 or 659A. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.
(g) Disclose information required under ORS 657.660 (3) and (4) to the Public Employees Retirement System for the purpose of determining the eligibility of members of the retirement system for disability under ORS chapters 238 and 238A. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the Public Employees Retirement System.
(h) Disclose to the Oregon Business Development Commission and the Oregon Business Development Department information required by the commission and the department in performing their duties under ORS 285A.050 and 285B.630 to verify changes in employment levels following direct employer participation in department programs or indirect participation through municipalities under ORS 285B.410 to 285B.482. The information disclosed to the commission and the department may include an employer’s employment level, total subject wages payroll and whole hours worked. The information disclosed is confidential and may not be used for any other purpose. The commission and the department may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s and the department’s duties under ORS 285A.050 and 285B.630. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission or the Oregon Business Development Department.
(i) Disclose information to the Department of Revenue for the purpose of performing its duties under ORS 293.250 or under the revenue and tax laws of this state. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employing unit or employee except to the extent necessary to carry out the department’s duties under ORS 293.250 or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Revenue.
(j) Disclose information to the Department of Consumer and Business Services for the purpose of performing its duties under ORS chapters 654 and 656. The information disclosed may include the name, address, number of employees and industrial classification code of an employer and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Consumer and Business Services in any manner that would identify an employing unit or employee except to the extent necessary to carry out the department’s duties under ORS chapters 654 and 656, including administrative hearings and court proceedings in which the Department of Consumer and Business Services is a party. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Consumer and Business Services.
(k) Disclose information to the Construction Contractors Board for the purpose of performing its duties under ORS chapter 701. The information disclosed to the board may include the names and addresses of employers and status of their compliance with this chapter. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the board.
(L) Disclose information to the State Fire Marshal to assist the State Fire Marshal in carrying out duties under ORS 453.307 to 453.414. The information disclosed may include the name, address, telephone number and industrial classification code of an employer. The information disclosed is confidential and may not be disclosed by the State Fire Marshal in any manner that would identify an employing unit except to the extent necessary to carry out duties under ORS 453.307 to 453.414. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of the State Fire Marshal.
(m) Disclose information to the Higher Education Coordinating Commission for the purpose of performing the commission’s duties under ORS chapter 348 and Title IV of the Higher Education Act of 1965. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the commission in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS chapter 348 or Title IV of the Higher Education Act of 1965. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.
(n) Disclose information to the Department of Transportation to assist the Department of Transportation in carrying out the duties of the Department of Transportation relating to collection of delinquent and liquidated debts, including taxes, under ORS 184.610 to 184.665, 184.670 to 184.733 and 805.263, ORS chapter 319 and the Oregon Vehicle Code. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Transportation in any manner that would identify an employing unit or employee except to the extent necessary to carry out the Department of Transportation’s duties relating to collection of delinquent and liquidated debts or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the Department of Transportation. The Department of Transportation may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Transportation.
(o) Disclose information to the Department of Human Services and the Oregon Health Authority to assist the Department of Human Services and the Oregon Health Authority in the collection of debts that the Department of Human Services and the Oregon Health Authority are authorized by law to collect. The information disclosed may include the names, addresses and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Human Services or the Oregon Health Authority in a manner that would identify an employing unit or employee except to the extent necessary for the collection of debts as described in this paragraph. The Department of Human Services and the Oregon Health Authority may not disclose information received under this paragraph to a private collection agency or use the information for a purpose other than the collection of debts as described in this paragraph. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Human Services or the Oregon Health Authority.
(p) Disclose to the Alcohol and Drug Policy Commission information required by the commission in evaluating and measuring the performance of alcohol and drug prevention and treatment programs under ORS 430.223 or the impact of the programs on employment. The information disclosed to the commission may include total subject wages payroll and whole hours worked. The information disclosed under this paragraph is confidential and may not be used for any other purpose. The commission may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS 430.223. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.
(q) Disclose to any person establishment level information secured pursuant to this chapter from federal, state and local government agencies, public universities listed in ORS 352.002 or the Oregon Health and Science University established under ORS 353.020. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.
(r) Disclose to any person the industrial classification code assigned to an employing unit. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.
(s) Disclose information to the State Treasurer useful for the purpose of performing the State Treasurer’s duties under ORS 98.302 to 98.436, 98.992 and 116.253 and the role of an estate administrator under ORS 113.235. The information disclosed is confidential and may not be used by the State Treasurer for any other purpose. If the information disclosed is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the State Treasurer.
(5) The Employment Department may make public all decisions of the Employment Appeals Board.
(6) Any officer appointed by or any employee of the Director of the Employment Department who discloses confidential information, except with the authority of the director, pursuant to rules or as otherwise required by law, may be disqualified from holding any appointment or employment with the Employment Department.
(7) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement. [Amended by 1969 c.450 §1; 1977 c.162 §1; 1977 c.797 §9; 1979 c.145 §1; 1979 c.267 §5a; 1981 c.705 §7; 1985 c.565 §89; 1985 c.661 §1; 1985 c.761 §24; 1989 c.519 §2; 1989 c.818 §5; 1989 c.870 §8; 1991 c.374 §2; 1993 c.18 §142; 1997 c.200 §1; 1997 c.249 §202; 1999 c.401 §3; 1999 c.849 §146; 2001 c.104 §251; 2003 c.75 §104; 2003 c.773 §§54,54a; 2003 c.794 §311; 2007 c.89 §1; 2007 c.576 §2; 2009 c.599 §24; 2009 c.830 §150; 2011 c.38 §1; 2011 c.637 §278; 2011 c.673 §40; 2013 c.747 §168; 2014 c.26 §§1,2; 2017 c.185 §18; 2017 c.297 §39; 2017 c.307 §2; 2017 c.561 §5; 2019 c.678 §68; 2021 c.539 §§143,143a]
Note: The amendments to 657.665 by section 143a, chapter 539, Oregon Laws 2021, become operative July 1, 2022. See section 155, chapter 539, Oregon Laws 2021. The text that is operative until July 1, 2022, is set forth for the user’s convenience. (1) Except as provided in subsections (2) to (5) of this section, all information in the records of the Employment Department pertaining to the administration of the unemployment insurance, employment service and workforce and labor market information programs:
(a) Is confidential and for the exclusive use and information of the Director of the Employment Department in administering the unemployment insurance, employment service and workforce and labor market information programs in Oregon.
(b) May not be used in any court action or in any proceeding pending in the court unless the director or the state is a party to the action or proceeding or unless the proceeding concerns the establishment, enforcement or modification of a support obligation and support services are being provided by the Division of Child Support or the district attorney pursuant to ORS 25.080.
(c) Is exempt from disclosure under ORS 192.311 to 192.478.
(2) The Employment Department shall disclose information:
(a) To any claimant or legal representative, at a hearing before an administrative law judge, to the extent necessary for the proper presentation of an unemployment insurance claim.
(b) Upon request to the United States Secretary of Labor. The Employment Department shall disclose the information in a form and containing the information that the United States Secretary of Labor may require. The information disclosed is confidential and may not be used for any other purpose.
(c) Pursuant to section 303(a)(7) of the Social Security Act, upon request to any agency of the United States charged with the administration of public works or assistance through public employment. Under this paragraph, the Employment Department shall disclose the name, address, ordinary occupation and employment status of each recipient of unemployment insurance benefits and a statement of the recipient’s right to further benefits under this chapter. The information disclosed is confidential and may not be used for any other purpose.
(d) Pursuant to section 303(c)(1) of the Social Security Act, to the Railroad Retirement Board. Under this paragraph, the Employment Department shall disclose unemployment insurance records. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the board.
(e) Pursuant to section 303(d) of the Social Security Act, upon request to officers and employees of the United States Department of Agriculture and to officers or employees of any state Supplemental Nutrition Assistance Program agency for the purpose of determining an individual’s eligibility for or the amount of supplemental nutrition assistance. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Agriculture.
(f) Pursuant to section 303(e)(1) and (2)(A)(ii) of the Social Security Act, to state or local child support enforcement agencies enforcing child support obligations under Title IV-D of the Social Security Act for the purposes of establishing child support obligations, locating individuals owing child support obligations and collecting child support obligations from those individuals. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the child support enforcement agency.
(g) Pursuant to sections 303(f) and 1137 of the Social Security Act, to agencies participating in the income and eligibility verification system for the purpose of verifying an individual’s eligibility for benefits, or the amount of benefits, under unemployment insurance, temporary assistance for needy families, Medicaid, the Supplemental Nutrition Assistance Program, Supplemental Security Income, child support enforcement or Social Security programs. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting agency.
(h) Pursuant to section 303(h) of the Social Security Act and section 3304(a)(16)(B) of the Federal Unemployment Tax Act, to the United States Department of Health and Human Services National Directory of New Hires. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Health and Human Services.
(i) Pursuant to section 303(i) of the Social Security Act, to officers and employees of the United States Department of Housing and Urban Development and to representatives of a public housing agency for the purpose of determining an individual’s eligibility for benefits, or the amount of benefits, under a housing assistance program of the United States Department of Housing and Urban Development. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Department of Housing and Urban Development or the public housing agency.
(j) Pursuant to regulations of the United States Secretary of Health and Human Services issued under section 3304(a)(16)(A) of the Federal Unemployment Tax Act, and except as required by section 303 of the Social Security Act, to the state, a political subdivision or a federally recognized Indian tribe that has signed an agreement with the Department of Human Services to administer Part A of Title IV of the Social Security Act for the purpose of determining an individual’s eligibility for assistance, or the amount of assistance, under a program funded under Part A of Title IV of the Social Security Act. The information disclosed is confidential and may not be used for any other purpose.
(k) Upon request, to the United States Attorney’s Office. Under this paragraph, the Employment Department may disclose an individual’s employment and wage information in response to a federal grand jury subpoena or for the purpose of collecting civil and criminal judgments, including restitution and special assessment fees. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the United States Attorney’s Office.
(3) The Employment Department may disclose information secured from employing units:
(a) To state agencies, federal agencies, local government agencies, public universities listed in ORS 352.002 and the Oregon Health and Science University established under ORS 353.020, to the extent necessary to properly carry out governmental planning, performance measurement, program analysis, socioeconomic analysis or policy analysis functions performed under applicable law. The information disclosed is confidential and may not be disclosed by the agencies or universities in any manner that would identify individuals, claimants, employees or employing units. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the agency or university requesting the information.
(b) As part of a geographic information system. Points on a map may be used to represent economic data, including the location, employment size class and industrial classification of businesses in Oregon. Information presented as part of a geographic information system may not give specific details regarding a business’s address, actual employment or proprietary information. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the party requesting the information.
(c) In accordance with ORS 657.673.
(4) The Employment Department may:
(a) Disclose information to public employees in the performance of their duties under state or federal laws relating to the payment of unemployment insurance benefits, the provision of employment services and the provision of workforce and labor market information.
(b) At the discretion of the Director of the Employment Department and subject to an interagency agreement, disclose information to public officials in the performance of their official duties administering or enforcing laws within their authority and to the agents or contractors of public officials. The public official shall agree to assume responsibility for misuse of the information by the official’s agent or contractor.
(c) Disclose information pursuant to an informed consent, received from an employer or claimant, to disclose the information.
(d) Disclose information to partners under the federal Workforce Innovation and Opportunity Act for the purpose of administering state workforce programs under the Act. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the requesting partner.
(e) Disclose the names and addresses of employing units to the Bureau of Labor and Industries for the purpose of disseminating information to employing units. The names and addresses disclosed are confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.
(f) Disclose information to the Commissioner of the Bureau of Labor and Industries for the purpose of performing duties under ORS 279C.800 to 279C.870, 658.005 to 658.245 or 658.405 to 658.511 or ORS chapter 652, 653 or 659A. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be used for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the bureau.
(g) Disclose information required under ORS 657.660 (3) and (4) to the Public Employees Retirement System for the purpose of determining the eligibility of members of the retirement system for disability under ORS chapters 238 and 238A. The information disclosed is confidential and may not be used for any other purpose. The costs of disclosing information under this paragraph shall be paid by the Public Employees Retirement System.
(h) Disclose to the Oregon Business Development Commission and the Oregon Business Development Department information required by the commission and the department in performing their duties under ORS 285A.050 and 285B.630 to verify changes in employment levels following direct employer participation in department programs or indirect participation through municipalities under ORS 285B.410 to 285B.482. The information disclosed to the commission and the department may include an employer’s employment level, total subject wages payroll and whole hours worked. The information disclosed is confidential and may not be used for any other purpose. The commission and the department may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s and the department’s duties under ORS 285A.050 and 285B.630. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission or the Oregon Business Development Department.
(i) Disclose information to the Department of Revenue for the purpose of performing its duties under ORS 293.250 or under the revenue and tax laws of this state. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Revenue in any manner that would identify an employing unit or employee except to the extent necessary to carry out the department’s duties under ORS 293.250 or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the department. The Department of Revenue may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Revenue.
(j) Disclose information to the Department of Consumer and Business Services for the purpose of performing its duties under ORS chapters 654 and 656. The information disclosed may include the name, address, number of employees and industrial classification code of an employer and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Consumer and Business Services in any manner that would identify an employing unit or employee except to the extent necessary to carry out the department’s duties under ORS chapters 654 and 656, including administrative hearings and court proceedings in which the Department of Consumer and Business Services is a party. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Consumer and Business Services.
(k) Disclose information to the Construction Contractors Board for the purpose of performing its duties under ORS chapter 701. The information disclosed to the board may include the names and addresses of employers and status of their compliance with this chapter. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the board.
(L) Disclose information to the State Fire Marshal to assist the State Fire Marshal in carrying out duties under ORS 453.307 to 453.414. The information disclosed may include the name, address, telephone number and industrial classification code of an employer. The information disclosed is confidential and may not be disclosed by the State Fire Marshal in any manner that would identify an employing unit except to the extent necessary to carry out duties under ORS 453.307 to 453.414. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the office of the State Fire Marshal.
(m) Disclose information to the Higher Education Coordinating Commission for the purpose of performing the commission’s duties under ORS chapter 348 and Title IV of the Higher Education Act of 1965. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the commission in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS chapter 348 or Title IV of the Higher Education Act of 1965. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.
(n) Disclose information to the Department of Transportation to assist the Department of Transportation in carrying out the duties of the Department of Transportation relating to collection of delinquent and liquidated debts, including taxes, under ORS 184.610 to 184.665, 184.670 to 184.733 and 805.263, ORS chapter 319 and the Oregon Vehicle Code. The information disclosed may include the names and addresses of employers and employees and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Transportation in any manner that would identify an employing unit or employee except to the extent necessary to carry out the Department of Transportation’s duties relating to collection of delinquent and liquidated debts or in auditing or reviewing any report or return required or permitted to be filed under the revenue and tax laws administered by the Department of Transportation. The Department of Transportation may not disclose any information received to any private collection agency or for any other purpose. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Transportation.
(o) Disclose information to the Department of Human Services and the Oregon Health Authority to assist the Department of Human Services and the Oregon Health Authority in the collection of debts that the Department of Human Services and the Oregon Health Authority are authorized by law to collect. The information disclosed may include the names, addresses and payroll data of employers and employees. The information disclosed is confidential and may not be disclosed by the Department of Human Services or the Oregon Health Authority in a manner that would identify an employing unit or employee except to the extent necessary for the collection of debts as described in this paragraph. The Department of Human Services and the Oregon Health Authority may not disclose information received under this paragraph to a private collection agency or use the information for a purpose other than the collection of debts as described in this paragraph. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the Department of Human Services or the Oregon Health Authority.
(p) Disclose to the Alcohol and Drug Policy Commission information required by the commission in evaluating and measuring the performance of alcohol and drug prevention and treatment programs under ORS 430.223 or the impact of the programs on employment. The information disclosed to the commission may include total subject wages payroll and whole hours worked. The information disclosed under this paragraph is confidential and may not be used for any other purpose. The commission may not disclose the information in any manner that would identify an employing unit or employee except to the extent necessary to carry out the commission’s duties under ORS 430.223. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the commission.
(q) Disclose to any person establishment level information secured pursuant to this chapter from federal, state and local government agencies, public universities listed in ORS 352.002 or the Oregon Health and Science University established under ORS 353.020. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.
(r) Disclose to any person the industrial classification code assigned to an employing unit. If the information disclosed under this paragraph is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the person requesting the information.
(s) Disclose information to the State Treasurer useful for the purpose of performing the State Treasurer’s duties under ORS 98.302 to 98.436, 98.992 and 116.253 and the role of an estate administrator under ORS 113.235. The information disclosed is confidential and may not be used by the State Treasurer for any other purpose. If the information disclosed is not prepared for the use of the Employment Department, the costs of disclosing the information shall be paid by the State Treasurer.
(5) The Employment Department may make public all decisions of the Employment Appeals Board.
(6) Any officer appointed by or any employee of the Director of the Employment Department who discloses confidential information, except with the authority of the director, pursuant to rules or as otherwise required by law, may be disqualified from holding any appointment or employment with the Employment Department.
(7) Any person or any officer or employee of an entity to whom information is disclosed by the Employment Department under this section who divulges or uses the information for any purpose other than that specified in the provision of law or agreement authorizing the use or disclosure may be disqualified from performing any service under contract or disqualified from holding any appointment or employment with the state agency that engaged or employed that person, officer or employee. The Employment Department may immediately cancel or modify any information sharing agreement with an entity when a person or an officer or employee of that entity discloses confidential information, other than as specified in law or agreement.

Structure 2021 Oregon Revised Statutes

2021 Oregon Revised Statutes

Volume : 16 - Trade Practices, Labor and Employment

Chapter 657 - Unemployment Insurance

Section 657.010 - Definitions.

Section 657.020 - Employing unit.

Section 657.025 - Employer.

Section 657.030 - Employment generally; educational, hospital, nursing, student service exclusions.

Section 657.035 - Employment; effect of place of performance of service.

Section 657.040 - Employment; when service for pay excluded; independent contractors.

Section 657.043 - Employment; golf course caddy service excluded; exceptions.

Section 657.044 - Employment; service by partners and corporate officers and directors who are family members and by certain sole corporate officers and directors excluded; election; exceptions.

Section 657.045 - Employment; agricultural labor excluded; exceptions.

Section 657.046 - Employment; operation of taxicab or passenger vehicle for nonemergency medical transportation by owner or lessee of vehicle for entity operated by board of owner-operators; exceptions.

Section 657.047 - Employment; transportation of logs, poles and piling and lessor of for-hire carriers excluded; exceptions.

Section 657.050 - Employment; domestic service, child care service and certain service not in course of employer’s trade excluded; exceptions.

Section 657.053 - Employment; certain service on fishing boat excluded.

Section 657.056 - Employment; maritime service.

Section 657.060 - Employment; family service and foster care excluded.

Section 657.065 - Employment; governmental service excluded; exceptions.

Section 657.067 - Employment; community work and training programs excluded; work study, work experience and work incentive programs excluded; exceptions.

Section 657.080 - Employment; news delivery service excluded.

Section 657.087 - Employment; service by individuals soliciting contracts for home improvements and consumer goods sales excluded.

Section 657.088 - Employment; certain sports officiating services excluded; exceptions.

Section 657.092 - Employment; nonprofit organization employees and contestants excluded.

Section 657.093 - Employment; certain services provided in exchange for ski passes excluded.

Section 657.095 - Payroll.

Section 657.100 - Unemployment; rules.

Section 657.105 - Wages; generally.

Section 657.115 - Wages; exclusion of fringe benefits.

Section 657.117 - Wages; inclusion of federal taxes and tips.

Section 657.130 - Wages; exclusion of payments from certain trusts and annuities.

Section 657.144 - Notice to individual of effect of filing claim for benefits; earned income tax credits.

Section 657.146 - Withholding from benefits for tax purposes; rules.

Section 657.150 - Amount of benefits; length of employment and wages necessary to qualify for benefits; rules.

Section 657.155 - Benefit eligibility conditions; rules.

Section 657.156 - Reemployment service assistance; eligibility; rules.

Section 657.158 - Self-employment assistance; eligibility; amounts payable; rules.

Section 657.159 - Claimants required to submit job qualifications to Oregon State Employment Service; use of information; referring claimant to available jobs.

Section 657.165 - Waiting period eligibility, condition, limitation.

Section 657.167 - Amount and time period for payment of benefits to educational institution employees.

Section 657.170 - Extending base year; limitation.

Section 657.173 - Alternate base year; rules.

Section 657.176 - Grounds and procedure for disqualification; exceptions; rules.

Section 657.179 - Eligibility of individuals participating in certain federally approved training.

Section 657.195 - Suitable work; exceptions.

Section 657.200 - Labor dispute disqualification; exceptions.

Section 657.202 - Temporary lockout benefits.

Section 657.205 - Deduction of retirement pay; exceptions.

Section 657.213 - Ineligibility for benefits upon conviction of fraud in obtaining benefits.

Section 657.221 - Ineligibility for benefits of certain educational institution employees; exceptions.

Section 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.

Section 657.260 - Filing claims for benefits; employer to post statements concerning claim regulations; rules.

Section 657.262 - Information provided by public employer to employees.

Section 657.266 - Initial determination of eligibility and amount of benefits; notice to affected parties; cancellation of determination; determination becomes final when hearing not requested.

Section 657.267 - Allowing or denying claim; notice of denial; amended decision; appeal.

Section 657.269 - Decision final unless hearing requested.

Section 657.270 - Hearing upon decision; application for review; dismissal of request for hearing.

Section 657.273 - Restriction on use of findings, orders and judgments in other proceedings.

Section 657.275 - Review by Employment Appeals Board.

Section 657.280 - General procedure and records concerning disputed claims.

Section 657.290 - Continuous jurisdiction of director; reconsideration of previous decisions.

Section 657.295 - Witness fees; disputed claim expenses; counsel; fees.

Section 657.300 - False statements or failure to report material fact by employer.

Section 657.310 - Repayment or deduction of benefits paid due to misrepresentation by recipient; director discretion; penalty for fraud; time limits on collection; civil action by director; disposition of amounts collected; rules.

Section 657.312 - Offset of moneys owed to debtor by federal and state governments against certain benefit overpayments; fees; rules.

Section 657.315 - Deduction of benefits paid in error not due to recipient fault; director discretion; civil action by director.

Section 657.317 - Waiver of recovery of overpaid benefits; director discretion; liability extinguished.

Section 657.320 - Cancellation of unrecoverable benefits.

Section 657.321 - Definitions for ORS 657.321 to 657.329.

Section 657.325 - Extended benefits; eligibility; amount.

Section 657.327 - Notice of effectiveness of extended benefits; employers not to be charged for extended benefits.

Section 657.328 - Eligibility period adopted by rule.

Section 657.331 - "Additional benefits" and "additional benefit period" defined.

Section 657.335 - Definitions for ORS 657.335 to 657.360.

Section 657.340 - Eligibility for benefits.

Section 657.345 - Approval of programs by director.

Section 657.357 - Apprenticeship program participants eligible for benefits; conditions.

Section 657.370 - Definitions for ORS 657.370 to 657.390.

Section 657.375 - Plan applications; approval by director.

Section 657.380 - Eligibility of employees; benefit limitation.

Section 657.385 - Method of paying benefits; amount; applicability of law to shared work plans; rules.

Section 657.390 - Employer charged for benefits in same manner as for regular or extended benefits; limitations.

Section 657.392 - Benefits subject to recovery as lien on real or personal property.

Section 657.394 - Filing of lien statement or warrant.

Section 657.396 - Alternative remedies for collection of amounts liable to be repaid; warrants; execution by sheriff.

Section 657.400 - Employment Department Special Fraud Control Fund; use of funds; Lost Wages Assistance benefit overpayments.

Section 657.415 - When employer ceases to be subject to this chapter.

Section 657.425 - Election of coverage for services that do not constitute employment as defined in this chapter.

Section 657.430 - Tax rates based on experience.

Section 657.435 - Base rate for first year.

Section 657.439 - Wage Security Program funding.

Section 657.457 - Penalty when employer fails to file contribution reports and pay contributions when due; notice of failure; waiver; rules.

Section 657.458 - Definitions for employer tax rate computations; exclusion of calendar years 2020 and 2021.

Section 657.459 - Computation of Fund Adequacy Percentage Ratio.

Section 657.462 - Computation of benefit ratio; grouping employers within cumulative taxable payroll percentage limits; assignment of rates.

Section 657.463 - Tax rate schedules.

Section 657.467 - Amounts included in fund adequacy percentage ratio computations.

Section 657.471 - Manner of charging benefits to employer; request for relief from charges.

Section 657.475 - Where a number of the same workers are normally employed by several employers; records; contributions; charging benefits.

Section 657.480 - Effect of transfer of trade or business; partial transfer; penalties; rules.

Section 657.485 - Notice of rate; request for hearing; procedure for redetermination.

Section 657.504 - Applicability of noncharging provisions.

Section 657.505 - Payment of and liability for taxes; rules.

Section 657.507 - Employer’s security for payment of contributions.

Section 657.508 - Failure to comply with ORS 657.507.

Section 657.509 - Taxes from political subdivisions and people’s utility districts; election; effect of canceling election; applicability of noncharging provisions.

Section 657.510 - Refunds.

Section 657.513 - Political subdivision contribution payments from Local Government Employer Benefit Trust Fund.

Section 657.515 - Delinquent taxes; interest; civil penalties; collection by civil action; settlement.

Section 657.516 - Liability of certain officers, members, partners and employees for amounts in default.

Section 657.517 - Authority of director to compromise or adjust debts or overpayments; determination of uncollectible amounts.

Section 657.535 - Liens under ORS 657.525 or 657.530; priority; filing statement of lien; foreclosure.

Section 657.540 - Lien on property of defaulting employer; recording; priority; foreclosure.

Section 657.542 - Filing liens and warrants with Secretary of State.

Section 657.545 - Release of ORS 657.540 lien by filing security.

Section 657.552 - Limitations on notices of assessment and on actions to collect contributions, interest and penalties.

Section 657.557 - Remedies for collection of contributions not exclusive; prevailing party in civil action to recover costs.

Section 657.565 - Unlawful practices of employer.

Section 657.571 - Quarterly or annual tax report; form; filing with Department of Revenue.

Section 657.575 - Repayment of default by nonprofit employing unit; conditions.

Section 657.601 - Employment Department.

Section 657.608 - Director; term; duties; compensation.

Section 657.610 - Director; powers and duties generally; rules.

Section 657.615 - Investigations and recommendations to legislature.

Section 657.620 - Determination of adequate fund reserve; modification of benefits and eligibility regulations in case of emergency.

Section 657.625 - Publication of rules, reports and information on Employment Department law.

Section 657.630 - Quasi-judicial powers in administrative hearings.

Section 657.642 - Alternative remedies for collection of taxes, interest and penalties; warrants; execution by sheriff.

Section 657.657 - Acquisition of land and offices.

Section 657.660 - Records and reports of employing units.

Section 657.663 - Penalty for failure by employer to file reports; amount; collection procedure; review of penalty.

Section 657.665 - Confidentiality of information.

Section 657.673 - Disclosure of wage information to consumer reporting agency; conditions.

Section 657.676 - Reconsideration of determinations; conditions; rules; hearing and review.

Section 657.679 - Determination that employing unit or employment is subject to this chapter; notice; application for hearing.

Section 657.681 - Computation and assessment of employer contributions and interest; jeopardy assessments; application for hearing.

Section 657.682 - Assessments against reorganized business entity.

Section 657.683 - Hearings on actions under ORS 657.480, 657.679, 657.681 and 657.682; decision of administrative law judge; amendment of decision.

Section 657.685 - Employment Appeals Board; confirmation; quorum; meetings; duties; staffing; rules.

Section 657.690 - Employment Appeals Board powers.

Section 657.695 - Employment Department Advisory Council; members; compensation and expenses.

Section 657.702 - Department to encourage volunteering.

Section 657.710 - Free public employment offices; contracts relating to workforce development system; public agencies to provide information on job vacancies.

Section 657.720 - Cooperation with federal agencies, political subdivisions or private organizations in maintaining public employment service.

Section 657.730 - Workforce and labor market information system; rules.

Section 657.734 - Performance Reporting Information System; rules.

Section 657.747 - Department to inform employer and United States Department of Labor of employer’s noncompliance with certain federal requirements regarding federal forest maintenance activity.

Section 657.749 - Department actions when certain forest maintenance activity jobs listed.

Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.

Section 657.757 - Cooperation with federal agencies administering training or retraining programs and other assistance.

Section 657.760 - Reciprocal agreements on coverage and collection of contributions.

Section 657.765 - Reciprocal agreements concerning payroll taxes for out-of-state work.

Section 657.770 - Reciprocal agreements concerning wages used as basis for benefits.

Section 657.775 - Cooperation with other states on reciprocal basis for collection of contributions.

Section 657.780 - Agreements with governmental agencies to withhold benefits for child support obligations; rules.

Section 657.783 - Supplemental Employment Department Administration Fund.

Section 657.785 - Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.

Section 657.805 - Unemployment Compensation Trust Fund.

Section 657.807 - Advances, under title XII of Social Security Act, to Unemployment Compensation Trust Fund.

Section 657.810 - Deposit and use of fund.

Section 657.812 - Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.

Section 657.813 - Use of moneys made available under Social Security Act for administrative expenses.

Section 657.815 - Unemployment Compensation Benefit Fund.

Section 657.820 - Unemployment Compensation Administration Fund.

Section 657.822 - Employment Department Special Administrative Fund.

Section 657.823 - Employment Tax Guarantee Fund.

Section 657.825 - Expenditure of federal funds; restitution of moneys lost or improperly expended.

Section 657.830 - State Treasurer as custodian of funds.

Section 657.840 - Federal Advance Interest Repayment Fund; assessment of tax; applicability.

Section 657.855 - Benefits not assignable; waiver of rights invalid.

Section 657.870 - When operation of this chapter ceases.

Section 657.880 - Health care coverage for unemployed individuals; deduction of benefits.

Section 657.885 - "Health care coverage" defined.

Section 657.990 - Penalties.