(1)(a) If any amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS § 657B.332 to repay or to have deducted from benefits payable, has been neither repaid nor deducted within a period of five years following the date the decision establishing the overpayment became final, and is equal to or less than one-half of the state maximum weekly benefit amount in effect at the time the overpayment is discovered, or determined by the Director of the Employment Department to be uncollectible, the overpayment, together with the record of the overpayment and the resulting shortage, may be canceled.

Ask an employment law question, get an answer ASAP!
Thousands of highly rated, verified employment lawyers
Specialties include: Employment Law, EEOC, Pension and Compensation, Harassment Law, Discrimination Law, Termination Law, General Legal and more.
Click here to chat with a lawyer about your rights.

(b) Notwithstanding paragraph (a) of this subsection, the overpayment may not be canceled if the debt is being recovered by payments or deductions that were received within the last three months or if repayment of the overpayment is required under ORS § 657B.334.

(2) If an amount paid to a covered individual as benefits, for which the covered individual has been found liable under the provisions of ORS § 657B.335 to have deducted from benefits payable, has not been waived under ORS § 657B.336, paid or deducted from benefits otherwise payable to the covered individual for any week or weeks within five years following the week in which the decision establishing the overpayment became final, the overpayment, together with the record of the overpayment and the resulting shortage, shall be canceled.

(3) When in the judgment of the director the best interests of the Employment Department are served in an effort to settle accounts, the director may waive, reduce or compromise any part or all of the interest or penalty charged pursuant to ORS § 657B.332. The director may determine that the amount of interest or penalty due and unpaid is uncollectible, and write off the amount. In making the determination that interest or a penalty is uncollectible, the director shall consider, among other factors:

(a) The administrative costs of continued collection efforts in relation to the amount due;

(b) The accessibility of the debtor for effective collection actions; and

(c) The debtor’s financial condition and ability to pay the amount due, both current and projected. [2023 c.120 § 5]

See note under 657B.332.