justicedao/ipfs_state_laws huggingface dataset:
459-080-0500 Limitation on Contributions (1) For purposes of this rule, “annual addition” has the same meaning given the term in 26 U.S.C. 415(c)(2). (2) Except as otherwise provided in this rule, the annual addition to a member account for any calendar year may not exceed $70,000 effective January 1, 2025. (3) If a payment of employee contributions for a period of military service is made under OAR 459-080-0100: (a) The payment shall be allocated as an annual addition to the calendar year(s) of military service to which it relates; and (b) For the purpose of determining the amount of the payment under this section, the member’s compensation shall be determined under OAR 459-080-0100(3)(d). Statutory/Other Authority: ORS 238A.450 Statutes/Other Implemented: ORS 238A.370 History: PERS 5-2025, amend filed 03/31/2025, effective 03/31/2025 PERS 3-2024, amend filed 04/01/2024, effective 04/01/2024 PERS 7-2023, amend filed 04/04/2023, effective 04/04/2023 PERS 4-2022, amend filed 03/28/2022, effective 03/28/2022 PERS 4-2021, amend filed 03/29/2021, effective 03/29/2021 PERS 5-2020, amend filed 05/29/2020, effective 05/29/2020 PERS 3-2019, amend filed 04/01/2019, effective 04/01/2019 PERS 4-2018, amend filed 04/03/2018, effective 04/03/2018 PERS 1-2017, f. & cert. ef. 1-27-17 PERS 7-2015, f. & cert. ef. 5-29-15 PERS 3-2014, f. & cert. ef. 1-31-14 PERS 3-2013, f. & cert. ef. 3-29-13 PERS 8-2012, f. & cert. ef. 3-28-12 PERS 21-2003, f. 12-15-03 cert. ef. 1-1-04
461-001-0010 Notice of Rulemaking See the current version of OAR 407-001-0000 and 407-001-0005 which apply to notices of rulemaking for rules in Chapter 461. Statutory/Other Authority: ORS 183.341, 411.060 & 412.049 Statutes/Other Implemented: ORS 183.341, 411.060 & 412.049 History: SSP 8-2006, f. & cert. ef. 6-1-06 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00 AFS 37-1995, f. 11-28-95, cert. ef. 12-1-95
461-025-0300 Contested Case Hearings (1) The rules in division 25 of this chapter of rules apply to contested case hearings of the Department authorized by OAR 461-025-0310(1). The hearings are conducted in accordance with the Attorney General's model rules at 137-003-0501 and following, except to the extent that Department rules are permitted to and provide for different procedures. (a) The method described in OAR 137-003-0520(11) is used in computing any period of time prescribed in this division of rules. (b) In any contested case to which this division of rules applies: (A) When a party or claimant is not represented by an attorney: (i) Upon request of the party or claimant, the Department provides work contact information — telephone number and address — for any Department employees expected to testify at the hearing as witnesses, except rebuttal witnesses. (ii) Except as provided in subparagraph (i) of this paragraph, the Department and any party or claimant in the contested case are not required to provide the telephone numbers and addresses of witnesses prior to the hearing. (B) The Department does not provide the telephone number and addresses of a witness if the Department has concerns that the release of the information may affect the safety of the witness. (2) When a Department employee represents the Department in a contested case to which this division of rules applies, requests for admission and written interrogatories are not permitted. (3) The Department's contested case hearings governed by this division of rules are not open to the public and are closed to nonparticipants, except nonparticipants may attend subject to the parties' consent and applicable confidentiality laws. (4) The Department has adopted the exceptions to the Attorney General's model rules set out in subsection (1)(b) and section (2) of this rule due to its caseload volume and because these discovery procedures would unduly complicate or interfere with the hearing process. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 183.452, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049 History: SSP 8-2013, f. & cert. ef. 4-1-13 SSP 32-2012(Temp), f. & cert. ef. 10-5-12 thru 4-3-13 SSP 25-2012, f. 6-29-12, cert. ef. 7-1-12 SSP 4-2012(Temp), f. & cert. ef. 1-31-12 thru 7-29-12 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02 AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00 AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 4-1995, f. & ef. 2-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-025-0305 Definitions For the purposes of this division of rules, the following definitions apply unless the context clearly indicates otherwise: (1) "Claimant" means a person who has requested a hearing or who is scheduled for an IPV hearing. (2) "Department representative" or "Division representative" means a person authorized by OAR 461-025-0300 to represent the Department in the hearing. (3) "Good cause" means a circumstance beyond the control of the claimant and claimant's representative. (4) A "request for hearing" is a clear expression, oral or written, by an individual or representative that the person wishes to appeal a Department decision or action or, in the SNAP program, wishes to have the decision considered by a higher authority. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816 & 412.049 History: SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02 AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 4-1995, f. & ef. 2-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-025-0311 Continuation of Benefits (1) This rule explains who may receive continuing benefits until a final order is issued in a contested case. (2) Except as provided otherwise in this rule, an individual who is entitled to a continuing benefit decision notice (see OAR 461-001-0000) or a timely continuing benefit decision notice (see OAR 461-001-0000) under a rule in division 175 of this chapter of rules may, at the option of the individual, receive continuing benefits, in the same manner and same amount, until a final order resolves the contested case. To be entitled to continuing benefits, the individual must complete a request for hearing (see OAR 461-025-0305) not later than the later of: (a) The tenth day following the date of the notice; and (b) The effective date of the action proposed in the notice. (3) The continuing benefits are subject to modification based on additional changes affecting the individual's eligibility or level of benefits. (4) In determining timeliness under section (2) of this rule, delay caused by circumstances beyond the control of the claimant (see OAR 461-025-0305) is not counted. (5) In the REF and REFM programs, individuals are not entitled to continuing benefits when the issue in question is regarding the termination of benefits because the eligibility time period imposed by OAR 461-135-0900 has been reached. Statutory/Other Authority: ORS 409.010, 409.050, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049 History: SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023 SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11 SSP 26-2010(Temp), f. & cert. ef. 8-16-10 thru 2-12-11 SSP 17-2008, f. & cert. ef. 7-1-08 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04 SSP 28-2003(Temp), f. 10-31-03, cert. ef. 11-1-03 thru 12-31-03 AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02 AFS 22-2001, f. & cert. ef. 10-1-01 AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00
461-025-0325 Informal Conference (1) The Department representative and the claimant may have an informal conference to discuss any of the matters listed in OAR 137-003-0575(4). The informal conference may also be used to: (a) Provide an opportunity for the Department and the claimant to settle the matter; (b) Ensure the claimant understands the reason for the action that is the subject of the hearing request; (c) Give the claimant an opportunity to review the information that is the basis for that action; (d) Inform the claimant of the rules that serve as the basis for the contested action; (e) Give the claimant and the Department the chance to correct any misunderstanding of the facts; (f) Determine if the claimant wishes to have any witness subpoenas issued; and (g) Give the Department an opportunity to review its action. (2) The claimant may, at any time prior to the hearing date, request an additional conference with the Department representative. (3) The Department may provide to the claimant the relief sought at any time before the Final Order is served. (4) Notwithstanding any rule in this chapter of rules, prehearing conferences are governed by OAR 137-003-0575. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.095 History: AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 4-1995, f. & ef. 2-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-025-0332 Burden of Proof Except in an IPV case, the claimant has the burden of proof. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.095 History: AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
461-025-0350 Withdrawals of Hearing Requests (1) A claimant (see OAR 461-025-0305) may withdraw a request for hearing (see OAR 461-025-0305) at any time before a final order has been issued on the contested case. (a) In the DSNAP program, the withdrawal of a request for hearing must be in writing. (b) In all programs other than the DSNAP program, a claimant may withdraw a request for hearing orally or in writing. (2) The Department or the Office of Administrative Hearings will send an order confirming the withdrawal of a hearing request to the claimant's last known address. The claimant may cancel the withdrawal in writing if received by the Department hearing representative up to the tenth work day following the date such an order is served. Statutory/Other Authority: ORS 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 411.060, 411.816, 412.049 & 2007 OL Ch. 288 History: SSP 1-2019, minor correction filed 01/14/2019, effective 01/14/2019 SSP 8-2008, f. & cert. ef. 4-1-08 SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08 SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 9-2001, f. & cert. ef. 6-1-01 AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 4-1995, f. & ef. 2-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-025-0356 Dismissal for Failure to Appear Except in an IPV case, a hearing request is dismissed by order when neither the party nor the party’s representative appears at the time and place specified for the hearing. The order is effective on the date scheduled for the hearing. The Department will cancel the dismissal order on request of the party on a showing that the party was unable to attend the hearing and unable to request a postponement for reasons beyond his or her control. Statutory/Other Authority: ORS 411.060, 411.070 & 411.095 Statutes/Other Implemented: ORS 411.060, 411.070 & 411.095 History: AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00
461-025-0371 Proposed and Final Orders (1) When the Department refers a contested case under this division of rules (OAR 461-025) to the Office of Administrative Hearings (OAH), the Department indicates on the referral: (a) Whether the Department is authorizing a proposed order, a proposed and final order (OAR 137-003-0645(4)), or a final order. (b) If the Department is establishing an earlier deadline for written exceptions and argument because the contested case is being referred for an expedited hearing. (2) When the Department authorizes either a proposed order or a proposed and final order: (a) The claimant (see OAR 461-025-0305) or party may file written exceptions and written argument to be considered by the Department. The exceptions and argument must be received at the location indicated in the OAH order not later than the 20th day after service of the proposed order or proposed and final order, unless subsection (1)(b) of this rule applies. (b) Proposed Orders. After OAH issues a proposed order, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655. (c) Proposed and Final Orders. If the claimant or party does not submit timely exceptions or argument following a proposed and final order, the proposed and final order becomes a final order on the 21st day after service of the proposed and final order unless the Department has issued a revised order or has notified the claimant or party and OAH that the Department will issue the final order. When the Department receives timely exceptions or argument, the Department issues the final order, unless the Department requests that OAH issue the final order under OAR 137-003-0655. (3) If in a contested case hearing the Office of Administrative Hearings is authorized to issue a final order on behalf of the Department, the Department may issue the final order in the case of default. (4) A petition by a claimant or party for reconsideration or rehearing must be filed with the individual who signed the final order, unless stated otherwise on the final order. Statutory/Other Authority: ORS 183.341, 409.050, 411.060, 411.404, 411.408, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 183.341, 409.050, 411.060, 411.095, 411.404, 411.408, 411.816, 412.014 & 412.049 History: SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00 AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 14-1999, f. & cert. ef. 11-1-99
461-025-0375 Final Order; Timeliness and Effective Date (1) A Final Order will be issued or the case otherwise resolved: (a) In public assistance and medical assistance cases not later than 90 days following the request for hearing; (b) In cases involving only the SNAP program not later than 60 days following the request for hearing; and (c) In IPV cases within 90 days of the date the claimant was notified in writing that a hearing had been scheduled. (2) Delay due to a postponement or continuance granted at claimant's request shall not be counted in computing the time limits specified in section (1) of this rule. (3) The final order is effective immediately upon being signed or as otherwise provided in the order. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.095 History: SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 17-2008, f. & cert. ef. 7-1-08 AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00 AFS 4-1995, f. & ef. 2-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-105-0020 Responsibilities To be eligible for benefits, individuals must do all the following: (1) Provide true, complete, and accurate information required to determine eligibility (see OAR 461-001-0000) and verify that information, to the extent permitted by their physical and mental condition, or authorize the branch office (see OAR 461-001-0000) to obtain verification. (2) Comply with the eligibility requirements of the program for which they are requesting or receiving benefits. (3) Report changes as required under OAR 461-170-0010. (4) Accept social services that are court-ordered or related to a case plan (see OAR 461-001-0020, 461-001-0025, and 461-001-0027). (5) Cooperate with quality control (see OAR 461-105-0410) and eligibility (see division 115 of chapter 461) reviews by providing requested information and verification. (6) Complete the application process or inform the branch office of their decision to withdraw the application for program benefits. (7) Share these responsibilities with all adults who reside in the same household, for whom benefits are being requested, who are required to apply together, and who would be held liable for an overpayment under OAR 461-195-0541. Statutory/Other Authority: ORS 411.060, 411.070 & 411.087 Statutes/Other Implemented: ORS 411.060, 411.111 & 411.085 History: SSP 47-2023, amend filed 09/25/2023, effective 10/01/2023 AFS 11-1999, f. & cert. ef. 10-1-99 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-105-0070 Temporary rule language in effect until 05/17/2026. Client Authorization for Release of Client Information to Third Party (1) For any program covered by chapter 461 of the Oregon Administrative Rules, a verbal authorization from the client is permitted to allow verbal release of specified case record information to third parties, except that: (a) Verbal authorization is not permitted for the release of health and treatment information. (b) Verbal authorization is not permitted for the release of domestic violence information, except as identified in section (2) of this rule. (2) Verbal authorization from the client is permitted to disclose limited domestic violence information to community agencies who provide domestic violence services. The disclosure is strictly limited to: (a) The client’s name. (b) The client’s safe contact information. (c) Confirmation that the client wants the community agency to contact them. (3) Verbal authorization to release case record information described in sections (1) and (2) of this rule is valid for a period of 30 days from the date the authorization is given, unless the individual specifies a shorter time period. Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049 Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 418.130 & 412.072 History: SSP 25-2025, temporary amend filed 11/19/2025, effective 11/19/2025 through 05/17/2026 SSP 11-2024, minor correction filed 02/21/2024, effective 02/21/2024 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
461-105-0100 Release of Client Information to Law Enforcement Officers For any program covered by chapter 461 of the Oregon Administrative Rules: (1) The Department may provide client information to a law enforcement officer in any of the following situations: (a) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department’s benefit programs. (b) A Department employee may disclose information from personal knowledge that does not come from the client’s interaction with the Department. (c) The disclosure is authorized by statute or administrative rule. (2) Except as provided in section (3) of this rule, the Department may give a client’s current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client’s name, and states that the client: (a) Is a fugitive felon or is violating parole or probation; or (b) For all programs except SNAP, has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer’s official duties. For clients only in the SNAP program, has information that is necessary to conduct an official investigation of a fugitive felon or someone violating parole or probation. (3) If domestic violence has been identified in the household, section (2) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole. (4) For purposes of the rules in Division 461-105, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony (5) For purposes of the rules in Division 461-105, a law enforcement officer is an employee of the Oregon State Police, a county sheriff’s department, or a municipal police department, whose job duties include arrest authority. Statutory/Other Authority: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412 & 049 Statutes/Other Implemented: ORS 409.010, 410.150, 411.060, 411.320, 411.335, 411.404, 411.816, 411.837, 412.014, 412.049 & 412.072 History: SSP 10-2024, minor correction filed 02/21/2024, effective 02/21/2024 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 32-1996(Temp), f. & cert. ef. 9-23-96 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90
461-105-0110 Release of Client Information to Service Providers and Legal Bodies For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient: (1) Department employees may release to service providers information necessary for accurate billing of services provided to Department clients. (2) The following client information may be released to the client's child care providers: (a) The program for which the client is eligible. (b) The amount of the Department child care payment. (c) The client's copayment amount. (d) Reasons for a delay in payment, but only information that is specific to the reason for the delay. (3) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body. (4) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about a client to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the client to review an action taken by the Department. (5) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file. (6) The Department may release client information in a judicial proceeding if at least one of the following is true: (a) The proceedings are directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules. (b) A judge orders the release of the information. (7) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering a program covered by chapter 461 of the Oregon Administrative Rules, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 412.072, 411.320, and 412.074). The employee requests the court's guidance about testifying under the statutes. Statutory/Other Authority: ORS 411.060, 411.300, 411.816 & 412.049 Statutes/Other Implemented: ORS 410.150, 411.060, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 412.049, 412.074 & 412.072 History: SSP 9-2024, minor correction filed 02/21/2024, effective 02/21/2024 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97 AFS 32-1996(Temp), f. & cert. ef. 9-23-96 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90