(2) If an employer, without good cause, fails to file a timely report within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section, the employer may be assessed a late filing penalty in addition to other amounts due.

(3)(a) Except as provided in subsection (4) of this section, a penalty assessed under subsection (2) of this section shall be 0.0002 of the taxable wage base in effect for the year against which the penalty is being assessed for each employee listed each quarter on the late filed reports. The penalty per employee shall be rounded to the nearest dollar.

(b) Notwithstanding paragraph (a) of this subsection, the minimum penalty for any calendar quarter may not be less than $100 and the maximum penalty may not be more than 0.05 of the taxable wage base in effect for the year. The maximum penalty shall be rounded to the nearest $100 interval.

(4) A penalty assessed under subsection (2) of this section for an employer who has no payroll during the calendar quarter to which a quarterly report relates shall be as follows:

(a) $10 for the first report filed late within the three-year period immediately following a written warning sent pursuant to subsection (1) of this section.

(b) $25 for the first report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.

(c) $50 for the second report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.

(d) $100 for the third or subsequent report filed late within the three-year period immediately following the assessment of a penalty under subsection (2) of this section.

(5)(a) A penalty assessed under this section is final unless, within 20 days after the date the assessment is mailed to the last-known address of the employer, the employer requests the penalty be deleted. The request must be in writing and state the reason why the report was filed late.

(b) If the director determines the employer had good cause for filing the report late, the penalty shall be deleted. If it is determined there was not good cause for filing the report late, the request for deletion shall be denied.

(6)(a) A determination denying the request for deletion is final unless, within 20 days after the date the determination is mailed to the last-known address of the employer, the employer files a request for hearing. The request for a hearing must be in writing and state the reasons why the determination should not be affirmed.

(b) Judicial review of the determination of denial shall be as provided for review of orders in contested cases in ORS chapter 183, except that the request for hearing shall be filed within 20 days after the issuance of the determination of the director or a designated representative. [1981 c.77 §15 (enacted in lieu of 657.662); 1983 c.508 §12; 1985 c.147 §1; 1995 c.153 §2; 1999 c.849 §§143,144; 2003 c.75 §54; 2013 c.595 §1]