(1) The Employment Appeals Board hereby is created within the Employment Department.

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Terms Used In Oregon Statutes 657.685

  • Common law: The legal system that originated in England and is now in use in the United States. It is based on judicial decisions rather than legislative action.
  • employment: includes service that is:

    (a) Subject to the tax imposed by the Federal Unemployment Tax Act; or

    (b) Required to be covered under this chapter as a condition for employers to receive a full tax credit against the tax imposed by the Federal Unemployment Tax Act. See Oregon Statutes 657.030

  • Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
  • Quorum: The number of legislators that must be present to do business.

(2) The Employment Appeals Board consists of three members who shall be appointed by and serve at the pleasure of the Governor. Except for pro tempore appointments, appointments of members are subject to confirmation by the Senate in the manner provided in ORS § 171.562 and 171.565. In the selection of the members of the Employment Appeals Board, the Governor shall give due consideration to the interests of labor, industry and the public. Not more than two of the members of said board shall belong to the same political party. The Governor shall designate one of the members of the Employment Appeals Board to serve as its chairperson with duties and powers necessary for the performance of the function of such office as the Governor determines. In the event of an absence or as required by the workload, the chairperson may appoint, with the approval of the Governor, pro tempore members to serve for a period not to exceed 90 days.

(3) A majority of the Employment Appeals Board constitutes a quorum.

(4) The Employment Appeals Board shall meet at such times and places as specified by the chairperson.

(5) The director shall provide the Employment Appeals Board with such staff as is required by the workload, subject to budgetary limitations.

(6) The Employment Department shall adopt procedural rules proposed by the Employment Appeals Board necessary for the discharge of the board’s duties. Such rules need not conform to common law or statutory rules of evidence and other technical rules of procedure. [1959 c.583 § 12; 1969 c.597 § 186; 1973 c.792 § 30; 1975 c.426 § 1; 1983 c.522 § 9; 1987 c.894 § 10; 1993 c.344 § 22]