Or. Admin. Code § 436-105-0560

Current through Register Vol. 63, No. 10, October 1, 2024

Section 436-105-0560 - Sanctions

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

(a) Misrepresenting information in order to receive Employer-at-Injury Program assistance;

(b) Making a serious error or omission that resulted in the director approving reimbursement in error;

(c) Failing to respond to employer requests for assistance or failing to administer Employer-at-Injury Program assistance; or

(d) Failing to comply with any condition in these rules.

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

(a) Ordering the person to take corrective action within a specific period of time;

(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;

(c) Ending the employer's eligibility to use the Employer-at-Injury Program for a specific period of time; or

(d) Pursuing civil penalties under ORS 656.745 or criminal action against the party.

Or. Admin. Code § 436-105-0560

WCD 7-2001, f. 8-14-01, cert. ef. 10-1-01; WCD 4-2016, f. 11-28-16, cert. ef. 1/1/2017; WCD 11-2019, amend filed 12/18/2019, effective 1/1/2020

Statutory/Other Authority: ORS 656.622 & 656.726(4)

Statutes/Other Implemented: ORS 656.622, 656.745 & 656.990