1. (1) Penalties for false statement or report or misrepresentation. Any person who knowingly makes a false statement or misrepresentation to the director or an employee of the director for the purpose of obtaining any benefits or reimbursement from the Employer-at-Injury Program, or who knowingly misrepresents the amount of a payroll or knowingly submits a false payroll report, is subject to penalties under ORS 656.990.

2. (2) Reasons for sanction. Reasons for the director to sanction an insurer, self-insured employer, employer, or their representative include, but are not limited to:

   1. (a) Misrepresenting information in order to receive Employer-at-Injury Program assistance;
   2. (b) Making a serious error or omission that resulted in the director approving reimbursement in error;
   3. (c) Failing to respond to employer requests for assistance or failing to administer Employer-at-Injury Program assistance; or
   4. (d) Failing to comply with any condition in these rules.

3. (3) Possible sanctions. The director may order one or more of the following sanctions:

   1. (a) Ordering the person to take corrective action within a specific period of time;
   2. (b) Ordering the person being sanctioned to repay the department all, or part, of the moneys reimbursed, with or without interest at a rate set by the department;
   3. (c) Ending the employer’s eligibility to use the Employer-at-Injury Program for a specific period of time; or
   4. (d) Pursuing civil penalties under ORS 656.745 or criminal action against the party.

Statutory/Other Authority

ORS 656.622 & 656.726(4)

Statutes/Other Implemented

ORS 656.622, 656.745 & 656.990

History

WCD 11-2019, amend filed 12/18/2019, effective 01/01/2020
WCD 4-2016, f. 11-28-16, cert. ef. 1-1-17
WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01