justicedao/ipfs_state_laws huggingface dataset:
461-135-0301 Closure of the Emergency Assistance (EA) Program Effective May 1, 2004 (1) Effective January 1, 2003, the EA program is not funded. Notwithstanding other rules of the Department, the program is closed effective that date. (2) Effective December 31, 2002, all persons eligible for or receiving benefits of the program become ineligible for the program. The Department will not authorize or provide any benefit for any period after December 31, 2002 except as provided below in this rule. (3) Effective December 1, 2003, the EA program is funded. The program is open effective that date for any person who meets the eligibility requirements on or after December 1, 2003. (4) Effective May 1, 2004, the EA program is not funded. Notwithstanding other rules of the Department, the program is closed effective that date. (5) Effective April 30, 2004, all persons eligible for or receiving benefits of the EA program become ineligible for the program. The Department will not authorize or provide any benefit for any period after April 30, 2004. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 22-2004, f. & cert. ef. 10-1-04 SSP 12-2004(Temp), f. 4-29-04, cert. ef. 5-1-04 thru 9-30-04 SSP 8-2004, f. & cert. ef. 4-1-04 SSP 30-2003(Temp), f. & cert. ef. 12-1-03 thru 4-30-04 SSP 16-2003, f. & cert. ef. 7-1-03 AFS 23-2002(Temp), f. 12-31-02, cert. ef. 1-1-03 thru 6-30-03
461-135-0310 Covered Shelter Needs; EA The following shelter needs are specifically covered by the Emergency Assistance program: (1) Rent, mortgage, and utility costs, including basic payments, connection charges, and deposits. (2) Moving costs. (3) Property tax up to one year, if necessary to avoid foreclosure. (4) Transportation to another area or residence. (5) Repairs to provide safe housing, including one-time house, electrical, and plumbing repairs if essential to the health and safety of the occupants and if less costly than moving to other quarters. Repairs are authorized under this section only for clients who are homeowners or holders of a life estate. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 9-1999, f. & cert. ef. 7-1-99 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0320 Time Limits; EA (1) A financial group determined eligible for EA is eligible for assistance for 30 consecutive days for any needs covered by OAR 461-135-0300 and 461-135-0310. (2) A benefit group is not eligible for the EA program until the first day of the twelfth month following the start of a previous period of eligibility in Oregon. This limitation applies to the whole group if any member of the group is affected by it. (3) The limitation in section (2) does not apply if its application would make it more difficult for the client to escape domestic violence or place the client at risk of further domestic violence. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 25-1998, f. 12-28-98, cert. ef. 1-1-99 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0340 Work Requirements; EA To be eligible for EA, an adult filing group member or a dependent child, if required to participate in the JOBS program, must not have done any of the following without good cause (see OAR 461-130-0327) in the 30 days before receiving emergency assistance benefits: (1) Quit or refused a job. (2) Refused a referral to a job or training. (3) Been discharged for misconduct in accordance with the unemployment insurance compensation laws of Oregon. (4) Reduced his or her earnings. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 17-1998, f. & cert. ef. 10-1-98 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0350 Eligible People; EA To be eligible for EA, a client must be a dependent child (defined in OAR 461-135-0070), a caretaker relative (defined in OAR 461-135-0070(1)(a)(B) or (C)), or the mother of an unborn child whose pregnancy has reached the calendar month before the month in which the due date falls. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 17-2004, f. & cert. ef. 7-1-04 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0485 Requirement to Complete an Employability Screening and Overview of the Job Opportunity and Basic Skills (JOBS) Program; Pre-TANF and TANF (1) As used in this rule: (a) "Employability screening" means the form or forms the Department (see OAR 461-001-0000) has designated as the employability screening tool for Temporary Assistance for Needy Families (TANF) program eligibility. (b) "Overview of the JOBS program" means a discussion about the requirements and services provided under the Job Opportunity and Basic Skills (JOBS) program. (2) To be eligible for Pre-TANF and TANF benefits, the following must be completed prior to the end of the application processing time frames in OAR 461-115-0190: (a) An employability screening (see section (1) of this rule) must be completed for each caretaker relative (see 461-001-0000) in the need group (see 461-110-0630) who is authorized to work in the United States; and (b) At least one caretaker relative in the need group , when the need group contains at least one caretaker relative authorized to work in the United States, must participate in an overview of the JOBS program (see section (1) of this rule). (3) The employability screening and overview of the JOBS program must be offered during the initial eligibility intake for Pre-TANF and TANF program benefits. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.049 & 412.124 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.049, 412.064, 412.124, 45 CFR 261.2, 45 CFR 261.10 & 45 CFR 261.11 History: SSP 60-2024, amend filed 12/30/2024, effective 01/01/2025 SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 SSP 13-2018, temporary amend filed 03/27/2018, effective 04/01/2018 through 06/30/2018 SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 15-2016, f. & cert. ef. 4-1-16 SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12 SSP 26-2011(Temp), f. 9-30-11, cert. ef. 10-1-11 thru 3-29-12
461-135-0491 Disaster Supplemental Nutrition Assistance Program (DSNAP) (1) OAR 461-135-0491 to 461-135-0497 apply only to the Disaster Supplemental Nutrition Assistance Program and only to a disaster benefit period and location authorized by the Food and Nutrition Service. (2) The regular SNAP program continues to operate during a disaster benefit period and continues to process applications and make eligibility determinations in the normal manner. (3) The following definitions apply to OAR 461-135-0491 to 461-135-0497: (a) "DSNAP" refers to the Disaster Supplemental Nutrition Assistance Program. (b) "FNS" refers to the Food and Nutrition Services, United States Department of Agriculture. (c) “Household” refers to all individuals living and sharing food together at the time of the disaster who choose to apply together. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 13-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0492 Application, Interviews, and Verification for DSNAP (1) A request to replace food which was purchased with SNAP benefits and lost during a disaster does not require an application for DSNAP to be processed. See OAR 461-165-0230 for the processing of replacement requests. (2) The Department may be approved by the Food and Nutrition Service of the United States Department of Agriculture (USDA) to issue mass supplements, as described at OAR 461-135-0494, to a current SNAP filing group (see OAR 461-110-0370). All others must complete the application process to receive DSNAP benefits. (3) To file an application for DSNAP, a household (see OAR 461-135-0491) must submit a completed application (DHS 349). (a) The household may submit this application through the mail or at a certification site in person or through an authorized representative (as described at OAR 461-115-0090). (b) The application must be filed before the expiration of the period during which FNS has authorized the Department to process and approve applications for DSNAP. (c) The application must be signed by a responsible member of the household or by an authorized representative designated by the household . (4) As part of the process for determining eligibility, the household or its authorized representative must be interviewed and must provide information and limited verification as described in section (5) of this rule. (a) The Department must advise the household orally and in writing about the disposition of its application, its rights and responsibilities, when its emergency certification period ends, and about the regular SNAP program. (b) The Department must advise the household of the civil and criminal penalties for violations of the Food Stamp Act, and of the fact that the household may be subject to a post-disaster review. (c) The Department must inform each DSNAP-eligible household about the proper use of SNAP benefits. (5) As part of the process for determining eligibility, the household or its authorized representative must provide the following: (a) Verification of the identity of the applicant; (b) Verification that at the time of the disaster, the applicant’s residence or workplace was located in the disaster area; and (c) An estimate of total take-home pay, cash resources, and allowable disaster-related expenses (see OAR 461-135-0493(2)). (d) Verification of any questionable information when requested by the Department. Statutory/Other Authority: ORS 409.050 & 411.816 Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1 History: SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019 SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0494 DSNAP Treatment of Households Already Certified and Receiving SNAP Benefits (1) Mass Supplementation emergency SNAP assistance from the DSNAP program may be issued to an eligible filing group (see OAR 461-110-0370) certified for SNAP benefits prior to the disaster. (a) The DSNAP benefits are calculated using the maximum disaster benefits for the household (see OAR 461-135-0491) minus the regular SNAP allotment of the benefit group (see OAR 461-110-0750) for the benefit period. (b) A benefit group currently receiving SNAP benefits may receive a supplement by applying for DSNAP according to OAR 461-135-0492. (c) The Department may issue Mass Supplementation, without requests, to a benefit group currently receiving SNAP in all or a portion of the disaster area if it is determined the area meets the federal criteria for Mass Supplementation and is approved by the Food and Nutrition Service of the United States Department of Agriculture (USDA). (d) Neither an application nor an interview is required for a benefit group currently receiving SNAP to receive Mass Supplementation emergency SNAP assistance from the DSNAP program. (2) Replacement of the value of food purchased with SNAP lost in the disaster is issued to an eligible filing group certified for SNAP benefits prior to the disaster under OAR 461-165-0230. (a) A SNAP replacement for the value of food lost in a disaster is not a DSNAP benefit. (b) The value of lost food replaced with a SNAP benefit replacement is not considered a loss of food under OAR 461-135-0493. Statutory/Other Authority: ORS 409.050 & 411.816 Statutes/Other Implemented: ORS 409.010, 411.816 & 7 CFR 280.1 History: SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 38-2020, temporary amend filed 10/16/2020, effective 10/16/2020 through 04/13/2021 SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019 SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019 SSP 23-2008, f. & cert. ef. 10-1-08 SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0495 Recertifications for DSNAP (1) A certified household that has already received emergency benefits may apply for recertification and receive additional SNAP benefits for an additional benefit period if: (a) The household still meets the disaster eligibility criteria; and (b) FNS extends the authorization period beyond the end of the original disaster benefit period and authorizes the Department to permit certified households who have already received emergency benefits to apply for recertification. (2) A household applying for recertification must again submit an application (DHS 349) and be interviewed. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0496 Hearings for DSNAP (1) A household denied emergency SNAP benefits is entitled to an expedited hearing as provided under OAR 461-025-0315. (2) A household requesting a hearing must be offered an immediate supervisory review of its case. (3) The supervisory review does not replace the expedited hearing. If the situation is resolved by the supervisory review: (a) The request for a hearing may be withdrawn if the client withdraws the hearing in writing; or (b) The Department may request a final order that documents the agreed resolution under OAR 137-003-0510(4) and 137-003-0665(5). Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0497 Household Liability in the DSNAP (1) Households are held liable for any overissuances or overpayments discovered in the course of post-disaster audit activities. (2) The Department establishes claims and applies penalties in accordance with OAR 461-195-0501 to 461-195-0621 against any household that received more DSNAP benefits than it was entitled to receive. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07
461-135-0510 Residents of Institutions; SNAP Residents of institutions that provide more than 50 percent of three daily meals as a part of the normal services of the institution are ineligible for SNAP benefits, unless they fall into one of the following five exceptions to this rule: (1) The individual is a resident of federally subsidized housing for the elderly built under either section 202 of the Housing Act of 1959 or section 236 of the National Housing Act. (2) The individual, and any children also residing with the individual, resides at a facility or treatment center for the purpose of regular participation in a drug and alcohol treatment and rehabilitation program (see OAR 461-001-0015) that meets the following criteria: (a) The drug and alcohol treatment and rehabilitation program is conducted by a private nonprofit organization or institution, or a publicly operated community mental health center that— (A) Qualifies under part B of title XIX of the Public Health Service Act to receive funds, even if it does not actually receive funding under part B of title XIX; or (B) Is authorized as a retailer by the Food and Nutrition Service (FNS). (b) Residents of a drug and alcohol treatment and rehabilitation program must apply and be certified in accordance with OAR 461-115-0020, through an authorized representative (see OAR 461-115-0090 and OAR 461-115-0145) employed by the facility and designated for that purpose. (3) The individual is a resident of a group living arrangement (see OAR 461-001-0015) and is blind or disabled (see OAR 461-001-0015). (4) The individual resides at a public or private nonprofit shelter for homeless persons. (5) The individual is a temporary resident of domestic violence shelters (see OAR 461-001-0000). Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.11 History: SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020 SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018 SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0521 Job Quit by Applicants; SNAP (1) An applicant who is required to meet the SNAP employment and training requirements in OAR 461-130-0305 and 461-130-0315, who voluntarily and without good cause (see OAR 461-130-0327) quits a job or reduces the weekly number of hours of work to below 30, is ineligible for SNAP benefits. (2) For purposes of this rule, an individual quits a job upon quitting a job of at least 30 hours a week or the equivalent of 30 hours a week multiplied by the federal minimum wage. (3) The period of ineligibility is determined as follows. If the filing date falls within the 30-day period following a job quit or work reduction described in sections (1) and (2) of this rule, the person who quit the job or reduced work hours will be ineligible during the month in which the filing date falls and for the appropriate disqualification of one, three or six calendar months (see OAR 461-130-0330). Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 23-2016, f. 6-28-16, cert. ef. 7-1-16 SSP 14-2016(Temp), f. 3-24-16, cert. ef. 4-1-16 thru 9-27-16 AFS 13-2002, f. & cert. ef. 10-1-02 AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01 AFS 10-2001(Temp), f. 6-29-01, cert. ef. 7-1-01 thru 10-1-01
461-135-0530 People in Adult Foster Care (AFC) and Boarding Houses; SNAP (1) Residents of commercial boarding houses are not eligible for SNAP benefits. A person operating the boarding house and his or her filing group may receive benefits separate from the residents. Commercial boarding house is defined in 7 CFR 273.1 as a commercial establishment that offers meals and lodging for compensation with the intent of making a profit. The definition does not include federally subsidized housing for the elderly, alcohol or drug treatment centers, group homes, battered persons shelters, or homeless shelters. (2) Residents of AFC facilities not licensed by the State are not eligible for SNAP benefits. Residents of AFC facilities licensed by the state must apply with their caregiver to be eligible for SNAP benefits, as required by OAR 461-110-0370. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 7-2003, f. & cert. ef. 4-1-03 AFS 9-2001, f. & cert. ef. 6-1-01 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 23-1995, f. 9-20-95, cert. ef. 10-1-95 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0560 Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision; REF, REFM, SNAP, and TANF Retroactively effective July 6, 2020: (1) An individual is ineligible for the REF, REFM, SNAP, and TANF programs if the individual is a fleeing felon or in violation of parole, probation, or post-prison supervision. (2) An individual is considered a fleeing felon when a law enforcement officer acting in their official capacity presents a warrant conforming to one of the following National Crime Information Uniform Offense Classification (NCIC) Codes: (a) Escape (4901), (b) Flight to Avoid (prosecution, confinement, etc.) (4902), or (c) Flight-Escape (4999). (3) An individual is considered in violation of parole, probation, or post-prison supervision if the Department receives a report of this violation from a local, state, or federal corrections agency or court responsible for supervision of the individual and the law enforcement agency is actively seeking the individual. (4) For purposes of this rule, “actively seeking” is defined as one of the following: (a) A Federal, State, or local law enforcement agency presents a felony arrest warrant conforming to one of the NCIC codes in section 2 of this rule; or (b) A court, Federal, State, or local law enforcement agency intends to arrest an individual for a parole or probation violation within: (A) 20 days from the date the Department was notified of the parole or probation violation, or (B) 30 days from the date the Department requests information from the law enforcement agency verifying that they intend to arrest the individual. Statutory/Other Authority: ORS 409.050, 411.060, 411.816 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.049, 7 CFR 272.1 & 7 CFR 273.11 History: SSP 22-2020, amend filed 07/08/2020, effective 07/08/2020 SSP 35-2018, amend filed 12/04/2018, effective 01/01/2019 SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 31-2016, f. & cert. ef. 9-1-16 SSP 25-2016(Temp), f. 6-30-16, cert. ef. 7-1-16 thru 12-27-16 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06
461-135-0580 Prepared Meals; SNAP The following SNAP recipients and their spouses may use SNAP benefits to purchase meals prepared for them and delivered to them by a nonprofit meal-delivery service authorized by the United States Department of Agriculture: (1) People age 60 or over. (2) Housebound people. (3) People who have physical or other disabilities which prevent them from adequately preparing their meals. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0590 Communal Dining; SNAP For SNAP, recipients age 60 or over and their spouses, and those receiving SSI and their spouses, may use SNAP benefits issued to them to purchase meals prepared especially for them at communal dining facilities authorized by the United States Department of Agriculture for that purpose. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-135-0610 Meal Providers for Homeless Individuals; SNAP Homeless SNAP recipients may use their SNAP benefits to purchase prepared meals from meal providers who are certified by the state and authorized by the United States Department of Agriculture to accept SNAP benefits from homeless individuals. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: AFS 15-1999, f. 11-30-99, cert. ef. 12-1-99 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 13-1995, f. 6-29-95, cert. ef. 7-1-95 AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90