(a) "Public body" has the meaning given that term in ORS 192.311.
(b) "System participant" means:
(A) Mandatory partners under the federal Workforce Innovation and Opportunity Act and other one-stop system partners, which may include public bodies and private organizations; and
(B) Public bodies and private organizations that have been approved by the Director of the Employment Department, in consultation with the Education and Workforce Policy Advisor, to participate in the Performance Reporting Information System.
(2) There is established the Performance Reporting Information System for the purpose of collecting, analyzing and sharing statistical and demographic data for the development and reporting of workforce system performance measures.
(3) The Performance Reporting Information System is intended to share the data described in subsection (2) of this section, by agreement, with all system participants.
(4) The Director of the Employment Department shall administer and, in consultation with the Education and Workforce Policy Advisor, oversee the development of the Performance Reporting Information System. System participants shall be designated as participants in the system by rule of the Employment Department, in consultation with the Education and Workforce Policy Advisor. A system participant shall enter into an interagency or other applicable agreement with the director that:
(a) Establishes protocols for the collection and sharing of data in the system;
(b) Establishes safeguards for protecting the confidentiality of data in the system;
(c) Includes provisions regarding informed consent for sharing information obtained from individuals; and
(d) Provides for the sharing of costs for developing and maintaining the system.
(5)(a) All individual record information in the Performance Reporting Information System is confidential and may not be disclosed as a public record under the provisions of ORS 192.311 to 192.478. As administrator of the system, the director may view all data or individual record information in the system. System participants may not allow public access to information received from the system that identifies a particular individual unless required by law. System participants shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed.
(b) System participants shall provide information in a format that encodes identifying data, including the client’s Social Security number, using a formula unique to the system participant. In disclosing Social Security numbers to the system, system participants shall comply with any state and federal laws that govern the collection and use of Social Security numbers by the system participant and any additional requirements specified by the director, in consultation with the Education and Workforce Policy Advisor, that are included in the agreement entered into under subsection (4) of this section.
(6) The information in the Performance Reporting Information System is not a public record for purposes of ORS 192.311 to 192.478. For purposes of ORS 192.311 to 192.478, the information submitted to the system and the information received from the system is a public record, and the custodian of such information is the system participant that submits or receives the information. If the system participant receiving the information is not a public body, the department shall keep a copy of the system information sent to that system participant and shall be the custodian of that copy for purposes of ORS 192.311 to 192.478. As custodian, the department shall limit the disclosure of, or refuse to disclose, aggregate or summary level information when a small number of aggregated records or some other factor creates a reasonable risk that the identity of individuals may be discovered or disclosed. The department shall refer all other requests for disclosure of system information to the public body that is the custodian of the information.
(7) The department may charge a reasonable fee under ORS 192.324 for the disclosure of reports containing only aggregate data to individuals, public bodies or private organizations.
(8) If a system participant prepares or acquires a record that is confidential under federal or state law, including ORS 192.355 (2), the system participant does not violate state confidentiality laws by providing the information described in this section to the Performance Reporting Information System.
(9) Any individual who, without proper authority, discloses confidential information under this section may be disqualified from holding any appointment or employment with the State of Oregon. The department shall adopt by rule procedures to prevent disclosure of confidential information submitted to the Performance Reporting Information System. [2001 c.524 §3; 2003 c.238 §2; 2003 c.794 §314; 2011 c.31 §2; 2015 c.366 §97; 2017 c.185 §21; 2017 c.297 §41; 2017 c.307 §5a]
Structure 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 657.030 - 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 657.045 - Employment; agricultural labor 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 657.080 - Employment; news delivery service 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 657.100 - 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 657.146 - Withholding from benefits for tax purposes; 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 657.165 - Waiting period eligibility, condition, limitation.
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 657.255 - Method of payment of benefits; payment of benefits due deceased person; rules.
Section 657.262 - Information provided by public employer to employees.
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 657.320 - Cancellation of unrecoverable benefits.
Section 657.321 - Definitions for ORS 657.321 to 657.329.
Section 657.325 - Extended benefits; eligibility; amount.
Section 657.328 - 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 657.392 - Benefits subject to recovery as lien on real or personal property.
Section 657.394 - Filing of lien statement or warrant.
Section 657.415 - When employer ceases to be subject to 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 657.459 - Computation of Fund Adequacy Percentage Ratio.
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 657.480 - 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 657.540 - 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 657.565 - 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 657.625 - Publication of rules, reports and information on Employment Department law.
Section 657.630 - Quasi-judicial powers in administrative hearings.
Section 657.657 - Acquisition of land and offices.
Section 657.660 - Records and reports of employing units.
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 657.682 - Assessments against reorganized business entity.
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 657.730 - Workforce and labor market information system; rules.
Section 657.734 - Performance Reporting Information System; rules.
Section 657.749 - Department actions when certain forest maintenance activity jobs listed.
Section 657.755 - Cooperation with federal agencies administering unemployment insurance laws.
Section 657.760 - 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 657.783 - Supplemental Employment Department Administration Fund.
Section 657.785 - Agreement for Interstate Reciprocal Overpayment Recovery Arrangement.
Section 657.805 - Unemployment Compensation Trust Fund.
Section 657.810 - Deposit and use of fund.
Section 657.812 - Use of moneys credited to Unemployment Trust Fund by Secretary of the Treasury.
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.