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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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EMPLOYMENT DEPARTMENT

 

DIVISION 10

ADMINISTRATIVE SERVICES GENERAL AND
INTERNAL RULES

471-010-0005

Director

As used in these rules and unless the context requires otherwise, the title "Administrator" or "Assistant Director" means the Director of the Employment Department of the State of Oregon. Where appropriate, "Administrator" or "Director" shall also mean any duly authorized representative of the Director.

Stat. Auth.: ORS 657.176, ORS 657.260, ORS 657.265 & ORS 657.610
Stats. Implemented: ORS 657.010(5)
Hist.: 1DE 151, f. 9-28-77, ef. 10-4-77; ED 4-1993, f. & cert. ef. 11-22-93

471-010-0010

Rules Procedure

Prior to the adoption, amendment, or repeal of any permanent rule, the Employment Department shall give notice of the proposed adoption, amendment, or repeal:

(1) In the Secretary of State's Bulletin referred to in ORS 183.360 at least twenty-one (21) days prior to the effective date.

(2) By mailing, e-mailing or faxing a copy of the notice to persons on the Employment Department's mailing list established pursuant to ORS 183.335(7) at least twenty-eight (28) days prior to the effective date.

(3) By mailing, e-mailing or faxing a copy of the notice to the legislators specified in ORS 183.335(15) of this section at least 49 days before the effective date.

(4) By mailing a copy of the notice to the Associated Press, the United Press International, the Capitol Press Room, and to a newspaper of statewide circulation.

Stat. Auth.: ORS 183.335, 657.260, 657.265 - 657.270, 657.335, 657.610 & Ch. 729, OL 1993
Stats. Implemented: ORS 183.335 & ORS 183.360
Hist.: 1DE 149, f. & ef. 12-29-75; 1DE 1-1984, f. & ef. 3-21-84; ED 4-1994, f. & cert. ef. 9-2-94; ED 4-2004, f. 7-30-04, cert. ef. 8-1-04

471-010-0015

Effective Date of Administrative Rule Adoptions

(1) Unless otherwise provided in this Chapter, the rules in effect at the time an individual files a claim for benefits shall be applied to issues associated with that claim for benefits.

(2) For purposes of this rule, a "claim for benefits" includes an initial, additional or continued claim.

Stat. Auth.: ORS 657.167, ORS 657.260, ORS 657.265 & ORS 657.610
Stats. Implemented: ORS 657.610 & ORS 657
Hist.: ED 4-1993, f. & cert. ef. 11-22-93

471-010-0020

Attorney General's Model Rules

Division 1 of the Attorney General's Model Rules of Procedure effective 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.]

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.610 & 183.341
Hist.: 1DE 150, f. & ef. 2-9-76; 1DE 1-1978, f. & ef. 3-6-78; 1DE 1-1980, f. & ef. 1-11-80; 1DE 9-1981, f. & ef. 12-14-81; 1DE 1-1984, f. & ef. 3-21-84; 1DE 1-1986, f. & ef. 2-7-86; ED 1-1988, f. & cert. ef. 4-1-88; ED 1-1991, f. & cert. ef. 4-1-91; ED 1-1992, f. & cert. ef. 2-3-92; ED 1-1996, f. 4-24-96, cert. ef. 4-29-96; ED 2-1997, f. 10-24-97, cert. ef. 11-3-97; ED 4-2004, f. 7-30-04, cert. ef. 8-1-04; ED 6-2008, f. & cert. 4-29-08

471-010-0025

Exemption from Summary Determination

Pursuant to OAR 137-003-0580 (4), the Oregon Employment Department is exempt from Motion for Summary Determination process under the Administrative Procedures Act.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.610
Hist.: ED 12-2008, f. 11-24-08, cert. ef. 12-1-08

471-010-0030

Repealing Existing Rules

All existing Employment Department rules, save and except OAR 471-010-0010 adopted December 29, 1975, heretofore adopted are repealed. Such repeal, however, does not affect nor impair any act done, right acquired, or duty imposed prior to the effective date of these rules.

[ED. NOTE: Previous OAR 471-010-0005 through 471-042-0015, repealed by Administrative Order 1DE 150, consisted of 1DE 145, 1DE 146, 1DE 147, and 1DE 148.]

Stat. Auth.: ORS 657
Stats. Implemented: ORS 657.610
Hist.: 1DE 150, f. & ef. 2-9-76

471-010-0040

Filing Timely Notices

(1) Except as specifically provided or prohibited in OAR 471-040-0005 and in this rule, when an individual or employing unit is required by ORS Chapter 657, or the rules adopted pursuant thereto, to file a notice, request, appeal, application, payment, report, tax election, claim, or any other document within a specified time, such individual or employing unit may file such document by personal delivery or by mail to any office of the Employment Department in Oregon or similar employment office in any other state. Except for payments and tax reports, all notices, requests, appeals, applications, tax elections, or any other document may be filed by fax.

(2) When the document is filed by mail, the date of filing shall be the postmarked date affixed by the U.S. Postal Service, or in the absence of a postmarked date, the most probable date of mailing as determined by the Director, unless otherwise provided in ORS chapter 657 or OAR chapter 471.

(3) When the document is filed by fax, the date of filing shall be the encoded date on the fax document unless such date is absent, illegible, improbable or challenged, in which case the fax receipt date, if available, shall be the date of filing. If a filing date cannot otherwise be determined, the most probable date of faxing as determined by the Employment Department, shall be the date of filing.

(4) When the document is filed by any other means, the date of filing shall be the date of delivery, as evidenced by the receipt date stamped or written by the employee of the Employment Department, Office of Administrative Hearings or Employment Appeals Board who receives the document.

(5) When an individual or employing unit is entitled to notice of an action or decision by the director or authorized representative, the notice may be delivered in person or by first class mail. Unless otherwise provided in ORS chapter 657 or OAR chapter 471, if the notice is mailed, the notice is considered served on the date it is deposited with the U.S. Postal Service, addressed to such individual or employing unit at the last address known to the Director.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657
Hist.: 1DE 2-1978, f. & ef. 7-21-78; ED 1-1991, f. & cert. ef. 4-1-91; ED 2-1996(Temp), f. & cert. ef. 6-26-96; ED 7-1996, f. 11-20-96, cert. ef. 12-2-96; ED 1-2003, f. 2-7-03 cert. ef. 2-9-03; ED 6-2005(Temp), f. 9-16-05, cert. ef. 9-18-05 thru 2-14-06; ED 8-2005, f. 12-23-05, cert. ef. 12-25-05

471-010-0045

Witness Qualification

For the purposes of ORS Chapter 657 any witness appearing for the Employment Department, who is an employee of the department:

(1) Is considered to be a duly authorized agent of the director; and

(2) Is considered, by virtue of their employment, to be qualified to testify in an administrative hearing as to the actions taken by the department that resulted in the proceeding in which they are testifying.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.610
Hist.: ED 13-2008, f. 11-24-08, cert. ef. 12-1-08

Customer Information and Disclosure

471-010-0060

Reimbursable Expenses

The current Oregon Administrative Rules adopted by the Department of Administrative Services of the State of Oregon with respect to official travel and other reimbursable expenses and filed with the Secretary of State are adopted as the rules and regulations applicable to the Employment Department, except that in all cases in which there may be a conflict between these rules and the current rules and regulations promulgated by the United States Secretary of Labor as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) governing official travel and reimbursable expenses, the rules and regulations as set forth in the Bureau of Employment Security Manual (Employment and Training Administration) shall prevail.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657
Hist.: 1DE 150, f. & ef. 2-9-76; ED 1-1996, f. 4-24-96, cert. ef. 4-29-96

471-010-0070

Workforce Investment Act Methods of Administration

(1) The Employment Department will comply with the equal opportunity and nondiscrimination provisions of Section 188 of the federal Workforce Investment Act and 29 CFR part 37 with respect to all programs and activities conducted as part of the Oregon One-Stop delivery system. This includes staff and employment practices of the staff responsible for implementing and administering the Workforce Investment Act's programs and activities.

(2) Definitions: As used in OAR 471-010-0070, unless the context requires otherwise:

(a) "Investigative activities" means those activities outlined in the Methods of Administration necessary to process a Methods of Administration complaint;

(b) "Methods of Administration" means the documentation filed with the Federal Department of Labor to provide a reasonable guarantee of Oregon's compliance with the Americans with Disability Act, Section 504 of the Rehabilitation Act of 1973 (amended), Section 188 of the Workforce Investment Act, and 29 CFR Part 37;

(c) "Monitoring requirements" means those activities outlined in the Methods of Administration necessary to ensure compliance with the Methods of Administration;

(d) "One-Stop delivery site" means a Workforce Investment Act center designated by a local board, and other certified centers recognized in the Memoranda of Understanding;

(e) "Workforce Investment Act" means the federal Workforce Investment Act of 1998 as codified in Public Law 105-220.

(3) In conducting both programs and activities that are part of the Oregon One-Stop delivery system, the Department will follow the Methods of Administration promulgated by the Governor in accordance with 29 CFR § 37.4. In particular, the Department shall:

(a) Appoint an agency Equal Opportunity Officer to carry out the duties specified in the Methods of Administration and ensure that, if employed less than full-time as the agency Equal Opportunity Officer, any other duties, responsibilities or activities do not create a conflict of interest or the appearance of a conflict of interest with the duties of the agency Equal Opportunity Officer;

(b) Collect data on participants as required by 29 CFR § 37.37 to 37.41 and the Methods of Administration and provide aggregate data to the state Equal Opportunity Officer and the Department of Labor, as required;

(c) Permit the designated state Equal Opportunity Officer to monitor the Department's compliance with the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration by providing the state Equal Opportunity Officer access to:

(A) One-Stop delivery sites, including affiliate sites, from which the Department operates its programs and activities;

(B) Equal Opportunity Notices created by the Department and provided to participants; and

(C) Any contracts, grants, interagency agreements, or other arrangements between the Department and other providers pertaining to programs and activities provided in the One-Stop system; and

(D) Data required to be collected pursuant to paragraph (b).

(d) Develop procedures as necessary to comply with and monitor compliance with the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration by:

(A) The Department and its employees; and

(B) Entities operating programs or activities, or providing services, conducted as part of the Oregon One-Stop delivery system on behalf of the Department, and employees thereof, including training providers.

(e) Ensure that the agency's Equal Opportunity Officer and other appropriate staff attend scheduled periodic training about the Methods of Administration and associated duties; and

(f) Comply with any corrective actions imposed by the Governor for violations of the nondiscrimination and equal opportunity provisions of the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration and cooperate with any investigative activities or monitoring requirements of the state Equal Opportunity Officer.

(4) Notwithstanding periodic monitoring by the state Equal Opportunity Officer, the Department is responsible for all violations of the nondiscrimination and equal opportunity provisions of the Workforce Investment Act, 29 CFR part 37, and the Methods of Administration committed by:

(a) The Department and its employees; and

(b) Entities operating programs or activities, or providing services, conducted as part of the Oregon One-Stop delivery system on behalf of the Department, and employees thereof, including training providers.

[Publications: The publications referenced in this rule is available from the agency.]
Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657, ORS 657.610
Hist.: ED 9-2001, f. 9-14-01, cert. ef. 9-16-01

471-010-0080

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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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 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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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 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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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:

(A) A statement specifically identifying the information that is to be disclosed;

(B) Notice that state government files will be accessed to obtain the information;

(C) 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;

(D) A statement that information obtained under the release will only be used for that purpose or purposes; and

(E) 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 Chapter 124.060, and patient abuse reporting laws under 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 Sec. 290dd-2 and 42 CFR Part 2.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

471-010-0111

Unemployment Insurance Tax Disclosure

The department may disclose confidential Tax information pertaining to an employing unit to employees of the employing unit or agents thereof if both of the following conditions are met:

(1) The employing unit provides informed consent authorizing the disclosure, or the employee or agent provides the department with reasonable assurance that they are acting with the informed consent of the employing unit, and.

(2) The identity of the person receiving the information has been established with reasonable assurance.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 5-2010, f. & cert. ef. 12-13-10

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.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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:

(A) An annual average employment level for each establishment shall be the sum of each individual month’s employment divided by 12.

(B) This annual average employment level will be rounded to the nearest integer.

(C) 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:

(A) All businesses in NAICS 624221 -- Temporary Shelters

(B) All businesses in NAICS 814110 -- Private Households

(5) For purposes of ORS 657.665(3)(a) and 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)(a) 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.

(b) The NAICS codes of businesses in following industries will not be shared, nor will lists of these businesses be shared:

(A) All businesses in NAICS 624221 -- Temporary Shelters.

(B) All businesses in NAICS 814110 -- Private Households.

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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 471-010-0105 & ORS 657.665;

(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 471-010-0125(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 471-010-0125(1).

Stat. Auth.: ORS 657.610
Stats. Implemented: ORS 657.665
Hist.: ED 4-2008(Temp), f. & cert. ef. 2-26-08 thru 8-23-08; ED 7-2008, f. 5-20-08, cert. ef. 7-1-08

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