justicedao/ipfs_state_laws huggingface dataset:
461-190-0426 Termination of Work-Site Agreement (1) A JOBS Plus work-site agreement may be terminated by a participant, upon request to the Department, after the client has worked for two weeks for the employer. For the third and any subsequent termination requested by the client, the client is subject to disqualification for failure to comply with the requirements of the JOBS program as provided in OAR 461-130-0325(1)(b). (2) The Department will terminate a JOBS Plus work-site agreement if the agreement is violated by the employer or the staffing company and at the end of the month prior to the month in which a member of the eligibility group begins serving a disqualification in the SNAP program. (3) To be eligible to receive JOBS Plus payments, an employer must: (a) Comply with its JOBS Plus work site agreement; and (b) Make accurate statements on its voucher submissions to the Department. (4) An employer may not accept or retain a Department payment made on the basis of an inaccurate voucher submission, even if the inaccuracy was unintentional. (5) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the employer has notified the Department that the individual is no longer a JOBS Plus program participant. (6) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the Department has notified the employer that the individual is no longer a JOBS Plus program participant. Statutory/Other Authority: ORS 411.060 & 411.816 Statutes/Other Implemented: ORS 411.060 History: SSP 8-2008, f. & cert. ef. 4-1-08 AFS 18-1998, f. & cert. ef. 10-2-98
461-191-0001 Purpose and Objectives The Oregon Department of Human Services is the lead agency to coordinate state efforts in meeting the problem of hunger that operates through a network of local service-provider agencies. The Department has designated the Oregon Food Bank as the agency responsible for administering the Emergency Food Assistance Program (TEFAP) in Oregon within OAR chapter 461, division 191. The program's objective is to provide eligible households (see OAR 461-191-0005) with food for home and congregate meal use. The Department believes that receiving United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) will not create any additional barriers between individuals and their need for food than is stated in statute. Statutory/Other Authority: ORS 411.060 & ORS 458.530 Statutes/Other Implemented: ORS 411.060 & ORS 458.530 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 Renumbered from 813-220-0001, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 3-2008, f. & cert. ef. 3-31-08 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03
461-191-0005 Definitions All terms used in OAR chapter 461, division 191, are defined in the Act, and in 813-005-0005. As used in OAR chapter 461, division 191, unless otherwise indicated by the context: (1) "Eligible services" means services provided in accordance with the rules and regulations governing the program (see section (3) of this rule). (2) "Eligible household" means a household with an income at or below 300 percent of the federal poverty line. (3) "Program" means the Emergency Food Assistance Program (TEFAP) authorized by public law 98-8 and as extended by public law 98-92. (4) "Recipient agency" means any public or private, nonprofit agency that has subcontracted with the Oregon Food Bank to relieve situations of hunger through distribution of USDA foods (see section (7) of this rule) to local designated food assistance programs such as congregate meal sites, temporary shelters and emergency food pantries. (5) "Oregon Food Bank" or “OFB” means the private, nonprofit organization designated by the department to coordinate the distribution of USDA foods in Oregon. (6) "Storage and distribution costs" means direct costs incurred by the department, OFB and/or recipient agency (see section (4) of this rule) for the operation of the program , including but not limited to, intrastate storage and distribution of USDA foods . (7) "USDA foods" means commodities provided to eligible households (see section (2) of this rule) under the program . (8) "USDA" means the United States Department of Agriculture. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 Renumbered from 813-220-0005, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03, Renumbered from 813-220-0000 HSG 8-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0000 HR 1-1984, f. & cert. ef. 5-30-84 HR 2-1983(Temp), f. & cert. ef. 7-28-83
461-191-0010 Administration (1) The department has, through the master grant agreement, designated the OFB, a nonprofit corporation organized under ORS chapter 65, as the program's responsible agency to distribute USDA foods statewide. (2) OFB may select and subcontract with recipient agencies to carry out program activities at the local level. (3) The reimbursement of federal funds shall be paid by the department to the OFB. OFB in consultation with the Department will calculate the proportionate share of the moneys received from the department as reimbursement for program storage and distribution costs. (4) OFB and their recipient agencies shall comply with all applicable state and federal rules and regulations. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-220-0010, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03 HSG 8-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0005 HR 1-1984, f. & cert. ef. 5-30-84 HR 2-1983(Temp), f. & cert. ef. 7-28-83
461-191-0015 Requirements Imposed on OFB and Recipient Agencies Oregon Food Bank (OFB) and their recipient agencies (see OAR 461-191-0005) are the responsible agencies designated for the distribution of United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) and allocation of funds. Prior to providing services, OFB and the recipient agencies will have entered into an agreement for such distribution and receipt of program (see OAR 461-191-0005) USDA foods . Specific terms and conditions for doing so include: (1) Each distribution site must collect and maintain records for each household receiving the Emergency Food Assistance Program (TEFAP) USDA foods for home consumption. TEFAP records should contain: (a) The name of the household member receiving USDA foods ; (b) Recipient zip code or city of residence, unless the recipient is experiencing houselessness, for which an “H” may be used; (c) The number of persons in the household; and (d) The basis for determining that the household is eligible to receive USDA foods for home consumption. (A) No distribution site will collect social security numbers for households applying for TEFAP. (B) No supporting documentation is required for an income eligibility determination for TEFAP. (2) All records must be retained for a period of three years from the close of the federal fiscal year to which they pertain, or longer if related to an audit or investigation in progress. Records must be reasonably accessible at all times for use during management evaluation reviews, audits or investigations. OFB and their recipient agencies shall maintain records as required by federal and state rules in accordance with federal regulations 7 CFR 251.10. (3) OFB and their recipient agencies shall be responsible for the loss of USDA foods : (a) Loss of USDA foods from improper distribution or use or failure to provide proper storage, care, or handling. (b) Recipient agencies will need to immediately submit a claim to OFB and the department if the loss of the USDA foods value exceeds federal regulations. (4) Under no circumstances shall program recipients be required to make any payments in money, materials or services in connection with participation in this program . Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 Renumbered from 813-220-0015, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 3-2008, f. & cert. ef. 3-31-08 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03
461-191-0020 Eligibility (1) United States Department of Agriculture (USDA) foods (see OAR 461-191-0005) shall be made available to eligible households (see OAR 461-191-0005). Indication of participation in such programs as the Supplemental Nutrition Assistance program, Temporary Assistance to Needy Families, Supplemental Security Income (SSI), State General Assistance, Low-Income Home Energy Assistance and the Oregon Supplemental Income Program shall establish a household's eligibility under the program (see OAR 461-191-0005). No letter or other verifying document is required. (2) Households may establish their eligibility to participate in the program through a self-declaration of income at or below 300 percent of the federal poverty line. (3) Eligibility determination is made by specific eligibility screening guidelines and shall be uniform statewide. The Department does not require any eligibility requirements other than what is required within the federal guidelines for 7 CFR 251.5. (4) Each distribution site must ensure households demonstrate eligibility as described in section (3) or by self-declaration. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 Renumbered from 813-220-0020, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0010 HR 2-1985, f. & cert. ef. 2-5-85 HR 1-1984, f. & cert. ef. 5-30-84 HR 2-1983(Temp), f. & cert. ef. 7-28-83
461-191-0030 Allowable Services (1) Oregon Food Bank (OFB) and their recipient agencies (see OAR 461-191-0005) shall distribute United States Department of Agriculture ( USDA) foods (see OAR 461-191-0005) under the program (see OAR 461-191-0005) to eligible households (see OAR 461-191-0005) through emergency food box programs, congregate meal sites, temporary shelters, and emergency food pantries. (2) OFB and their recipient agencies may conduct outreach to under-served areas so that emergency food recipients can obtain needed nutrition education and other support services. (3) Recipient agencies may publicize the availability of USDA foods and distribute those USDA foods in their respective service areas in a manner that a maximum number of potential eligible households are reached. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 Renumbered from 813-220-0030, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03 HSG 8-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0015 HR 1-1984, f. & cert. ef. 5-30-84
461-191-0050 Fiscal Controls (1) OFB and their recipient agencies will use funds made available under the federal guidelines in 7 CFR 251.8 for direct expenses associated with the distribution of USDA foods and foods secured from other sources to the extent that the foods are ultimately distributed by eligible recipient agencies. OFB will furnish reports as required by OMB Circular A-133 to provide these assurances. (2) Internal controls including, but not limited to, the use of vouchers and receipts to substantiate all expenditures will be maintained by the OFB and recipient agencies. The Department will conduct monitoring of expenses and the accounting system on an annual basis. (3) The OFB shall provide the department with an annual audit of program and fiscal transactions within nine (9) months after the close of the fiscal audit period in accordance with OMB Circular A-133. (4) Records of program activities and fiscal transactions shall be maintained by the OFB and their recipient agencies for a period of three (3) years from the close of the federal fiscal year to which they pertain. These records shall be made available to federal, state and OFB monitoring staff upon request. (5) The OFB and their recipient agencies shall insure that proper records are kept at all distribution sites. (6) Fiscal reports and program reports, audit requirements, as well as storage and distribution costs for the month shall be maintained by the OFB. (7) Each recipient agency shall provide monthly reports to the OFB in a format prescribed by the OFB and the department. (8) Allowable administrative cost may be used to pay direct expenses associated with the distribution of USDA foods and foods secured from other sources. Direct expenses include the following: (a) Intrastate and interstate transport, storing, handling, repackaging, processing, and distribution of foods. (b) Costs associated with determination of eligibility, verification, and documentation. (c) Costs of providing information to persons receiving USDA foods concerning the appropriate storage and preparation of such foods. (d) Costs involved in publishing announcements of times and locations of distribution, and (e) Costs of recordkeeping, auditing, and other administrative procedures required for program participation. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-220-0050, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03 HSG 8-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0025 HR 2-1985, f. & cert. ef. 2-5-85 HR 1-1984, f. & cert. ef. 5-30-84 HR 2-1983(Temp), f. & cert. ef. 7-28-83
461-191-0060 Monitoring (1) The department will conduct reviews, audits and other compliance monitoring as it deems appropriate to verify compliance with program requirements. OFB and recipient agencies will cooperate fully with the department in its compliance monitoring. (2) OFB shall require by contract and monitor their recipient agencies’ compliance with all program requirements including, but not limited to, eligibility determinations, food ordering procedures, storage and warehousing practices, inventory controls, approval of distribution sites, reporting and recordkeeping requirements and civil rights compliance.. (3) If the department determines that OFB or their recipient agencies are not in compliance with applicable state or federal regulations, the department shall, within 30 working days of the close of the on-site evaluation, send OFB a corrective action notice that shall include at a minimum: (a) A description of the identified deficiency; (b) The possible causes of the deficiency; (c) The time frame within which that corrective action must be taken; and (d) Any requirements for documenting corrective action taken. (4) The department may take such remedial action as it deems appropriate including, but not limited to terminating its funding agreement with OFB and requiring repayment of partial or all program funding, if it determines (in its sole discretion) that the performance of OFB or any of its recipient agencies is deficient in any manner, including with respect to program requirements. (5) The department will provide adequate notice and opportunity for an appeal prior to a remedial action that terminates organizational eligibility for program funding for cause. (6) Appeals will be addressed to the assistant director or their designee whose decision may be further appealed to the department director. (7) Issuance of a deficiency notice shall not constitute a waiver of other remedies available to the department or preclude the department from exercising such other remedies available to it under the funding agreement or other program requirements, at law or otherwise. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-220-0060, SSP 30-2015, f. & cert. ef. 10-9-15 OHCS 15-2015, f. & cert. ef. 8-25-15 Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 3-2008, f. & cert. ef. 3-31-08 OHCS 3-2003, f. & cert. ef. 5-12-03 HSG 8-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-090-0030 HR 2-1985, f. & cert. ef. 2-5-85
461-192-0000 Purpose and Objectives (1) OAR chapter 461, division 192 establishes and implements the Oregon Hunger Response Fund, which is funded by General Fund moneys and carries out the Department’s responsibility as the lead public body in administering the state policy on hunger under ORS 458.530 to 458.545. The Oregon Hunger Response Fund is the means by which the Department allocates funds for the statewide network of food banks and emergency food programs to acquire food and new food sources, build network capacities and link emergency food clients to other services. (2) The Oregon Food Bank, a nonprofit corporation organized under ORS Chapter 65, is the agency designated by the Department to coordinate distribution of food and funds in Oregon under the Oregon Hunger Response Fund. Under the program, the food is distributed through the recipient agencies to eligible households, which are those households with an income that does not exceed 300 percent of the federal poverty guideline. A portion of the funds are distributed to recipient agencies. Statutory/Other Authority: ORS 411.060, 458.530 & 458.545 Statutes/Other Implemented: ORS 411.060 History: SSP 20-2025, amend filed 09/29/2025, effective 10/01/2025 SSP 17-2021, minor correction filed 02/18/2021, effective 02/18/2021 Renumbered from 813-250-0000, SSP 30-2015, f. & cert. ef. 10-9-15 Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13 Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2013, f. & cert. ef. 6-4-13 OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13 OHCS 4-2008, f. & cert. ef. 4-11-08 OHCS 4-2003, f. & cert. ef. 5-12-03 HSG 1-1994, f. & cert. ef. 3-2-94
461-192-0020 Administration (1) The Oregon Food Bank may select and subcontract with recipient agencies to carry out activities of the Oregon Hunger Response Fund at the local level. A recipient agency is a regional food bank or other local public agency or private nonprofit agency that under the subcontracting agreement undertakes to relieve situations of emergency and distress by enabling the provision of food to other local nonprofit agencies for distribution to low income households. (2) A recipient agency may provide Oregon Hunger Response Fund program services only if the agency has first entered into a subcontracting agreement with the Oregon Food Bank to serve as a recipient agency. The agreement must at least include provisions regarding the grant amount, conditions, effective date, terms of the contract, eligible services, fiscal and program report requirements, and audit requirements. (3) A recipient agency may recommend guidelines to the Oregon Food Bank for the uses and disbursement of program funds. (4) The Oregon Food Bank may use program funds to supplement but not supplant existing funds used in supporting the work of the recipient. (5) Neither the Oregon Food Bank nor a recipient agency may require a program recipient to make any payments in money, materials or services for, or in connection with, the receipt of emergency food. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-250-0020, SSP 30-2015, f. & cert. ef. 10-9-15 Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13 Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2013, f. & cert. ef. 6-4-13 OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13 OHCS 4-2008, f. & cert. ef. 4-11-08 OHCS 4-2003, f. & cert. ef. 5-12-03 HSG 1-1994, f. & cert. ef. 3-2-94
461-192-0030 Eligible Activities (1) The Oregon Food Bank and recipient agencies may use funds furnished through the Oregon Hunger Response Fund for: (a) Capacity building activities and equipment purchases to strengthen or expand the infrastructure of recipient agencies to facilitate expansion of the food supply, including the transportation of commodities; (b) Acquisition of food in bulk form and the repackaging and distribution of this food for household and congregate meal site use; and (c) Linkage grants to recipient agencies for outreach to low income populations and under-served areas so that emergency food recipients can obtain nutrition education and other support services. (2) The Oregon Food Bank and recipient agencies may use program funds to pay for reasonable administrative costs of the program. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-250-0030, SSP 30-2015, f. & cert. ef. 10-9-15 Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13 Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2013, f. & cert. ef. 6-4-13 OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13 OHCS 4-2008, f. & cert. ef. 4-11-08 OHCS 4-2003, f. & cert. ef. 5-12-03 HSG 1-1994, f. & cert. ef. 3-2-94
461-192-0040 Fiscal Control and Reporting Requirements (1) The Oregon Food Bank and each recipient agency under the Oregon Hunger Response Fund: (a) Shall maintain records that document the use of program funds for linkage and capacity building activities and the receipt and distribution of commodities purchased; and (b) Shall maintain records of program activities and fiscal transactions for a period of three years and shall make the records available to the Department upon request. (2) The Oregon Food Bank shall provide the Department: (a) An annual audit of program activities and fiscal transactions within nine months following the end of the fiscal audit period; and (b) A year-end report of linkage and capacity projects carried out by each recipient agency compiled from recipient agency annual reports; and (c) An annual report regarding the type and amount of food acquired, purchased and repackaged by the Oregon Food Bank using the Oregon Hunger Response Fund. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: Renumbered from 813-250-0040, SSP 30-2015, f. & cert. ef. 10-9-15 Reverted to OHCS 4-2013, f. & cert. ef. 6-4-13 Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 4-2013, f. & cert. ef. 6-4-13 OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13 OHCS 4-2008, f. & cert. ef. 4-11-08 OHCS 4-2003, f. & cert. ef. 5-12-03 HSG 1-1994, f. & cert. ef. 3-2-94