1. (1) Each pay period, an employer must retain from the moneys earned by each employee an amount equal to one-half (1/2) the assessment rate under OAR 436-070-0010 multiplied by the number of hours or parts of an hour the employee worked in that pay period.

   1. (a) If actual hours worked are not tracked, an employer may either calculate the assessments using a flat rate, use contract information stating the number of hours an employee works, or use another reasonable method for calculating hours worked. If the flat rate method is used, the calculation must be based on 40 hours per week for employees paid weekly or biweekly, or 173.33 hours per month for employees paid monthly or semi-monthly.

   2. (b) If the amount to be retained from an employee under this section includes a fraction of a cent, the employer must round up or down as follows:

      1. (A) For amounts greater than or equal to one-half (1/2) of a cent, the employer must round up to the nearest whole cent.
      2. (B) For amounts less than one-half (1/2) of a cent, the employer must round down to the nearest whole cent.

2. (2) Every employer must file a report of employee hours worked and remit amounts due upon a combined tax and assessment report form prescribed by the Department of Revenue. The report must be filed with the Department of Revenue:

   1. (a) At the times and in the manner prescribed in ORS 316.168 and 316.171; or
   2. (b) Annually as required or allowed under ORS 316.197 or 657.571.

3. (3) For each period in which an employer is required to remit an assessment under section (2) of this rule, the amount of the assessment must be equal to the sum of:

   1. (a) The total amount retained from the moneys earned by each employee during the period; and
   2. (b) An amount equal to the amount under subsection (a) of this section, to be paid by the employer.
4. (4) For employers required to report quarterly, reports and payments are due on or before the last day of the first month after the close of each calendar quarter. For employers that report annually, reports and payments are due on or before the last day of January following the close of each calendar year. If the due date is on a weekend or holiday, the report and payment are due the next business day.
5. (5) Employers who fail to timely and accurately file and remit assessments may be charged interest on all overdue balances at the rate established by ORS 82.010 and may be assessed civil penalties in accordance with OAR 436-070-0050.

6. (6)

   1. (a) If an employer fails to file a report, or if the director determines, based on the available data, that the report filed understates the total assessment amount due, the director may send the employer a written Failure to File Notice or Notice of Audit Findings. The notice will include a warning that failure to timely and accurately resolve all issues addressed in the written notice may result in the imposition of a civil penalty. The director may coordinate with the Department of Revenue and Employment Department to provide written notice of failure to file.
   2. (b) Within 30 days of the Failure to File Notice or the Notice of Audit Findings, the employer must file an accurate report and remit the assessments due, or otherwise resolve to the satisfaction of the director all issues identified in the written notice. If an employer fails to comply with the notice, the director may estimate the assessments due, including penalties and interest, and send to the employer a Notice of Estimation.
   3. (c) Within 30 days of the Notice of Estimation, the employer must pay the director’s estimated assessment or file and remit accurate assessment due. If the employer fails to comply with the notice, the director may send to the employer an Order of Default assessing all amounts due as calculated by the director.
   4. (d) Within 30 days of the Order of Default, the employer must remit the estimated assessment due, unless the order is timely appealed as provided in OAR 436-070-0008.
7. (7) Employers or the director may initiate activity to resolve reporting errors, omissions, or discrepancies for a period not to exceed the current calendar year plus three prior calendar years. No calendar year limitation applies to cases involving fraud.
8. (8) Notwithstanding OAR 436-001-0500, when the director determines that the department has received moneys in excess of the amount legally due and payable or that it has received moneys to which it has no legal interest, the director will refund or credit the excess amount. For amounts less than $20, the director will refund to employers the excess amount only upon receipt of a written request from the employer or the employer’s legal representative.

Statutory/Other Authority

ORS 656.506 & ORS 82.010

Statutes/Other Implemented

ORS 656.506 & ORS 293.445

History

WCD 11-2021, amend filed 10/12/2021, effective 01/01/2022
WCD 5-2006, f. 6-15-06, cert. ef. 7-1-06
WCD 2-2006(Temp), f. & cert. ef. 1-27-06 thru 7-23-06
WCD 2-2005, f. 3-24-05, cert. ef. 4-1-05
WCD 2-1996, f. & cert. ef. 1-12-96
WCD 9-1994, f. 10-31-94, cert. ef. 1-1-95
WCD 3-1983, f. 6-30-83, cert. ef. 7-1-83, Renumbered from 436-055-0125