justicedao/ipfs_state_laws huggingface dataset:
274-028-0035 Taxes, Hazard Insurance and Flood Insurance (1) For veterans' home improvement loans which are subsequent to an existing loan, the director may pay property taxes or hazard or flood insurance on the existing loan until the existing loan is paid in full, after which it will be the borrower's responsibility to pay these items directly. (2) If delinquent taxes become a lien against the security, or the borrower fails to maintain the required insurance, the director may pay the taxes or insurance and if so paid, will collect the amount paid by ODVA from the borrower through an escrow account per the provisions of OAR 274-020-0388. Statutory/Other Authority: Ch. 214 OL 1997, 407.115, ORS 407.165 - 407.181 & 407.275 Statutes/Other Implemented: Ch. 214 OL 1997, ORS 407.165 - 407.181 & 407.275 History: DVA 2-2005, f. & cert. ef. 4-22-05 DVA 6-1997, f. & cert. ef. 10-22-97
274-028-0040 Title Insurance Each loan shall be covered by a title insurance policy as designated by the director at the borrower’s expense. Statutory/Other Authority: ORS 407.115, 407.177, 407.179 & 407.181 Statutes/Other Implemented: ORS 407.115, 407.177, 407.179 & 407.181 History: DVA 6-1997, f. & cert. ef. 10-22-97
274-030-0505 Application for Funds by a Veterans’ Organization A veterans’ organization applying for funds under ORS 406.310 must submit a written application to the Department, on an approved form, on or before August 15 of the application year. The application shall include the organization's eligibility for funds under ORS 406.320, a description of its rehabilitation program , and a copy of the approved budget for its program for the next fiscal year. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030 & 406.310 - 406.340 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0515 Distribution of Funds to a Veterans’ Organizations (1) The Department shall review the applications and qualifications of each veterans’ organization that applied for funds and distribute the funds appropriated to qualified veterans’ organizations based on the number of veterans served by the organization, the number of organizations applying for funds, and the amount of the organization’s financial contribution to its veterans’ rehabilitation program. (2) After reviewing the quarterly reports required under OAR 274-030-0520, the Department shall distribute funds to veterans’ organizations on a quarterly basis, based on the Department’s fiscal year that begins on July 1 and ends June 30. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.210, 406.215 & 406.310 - 406.340 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0520 Quarterly Reports and Audits from Veterans’ Organizations (1) Veterans' organizations that receive funds from the Department shall submit quarterly reports of the activities of their accredited veteran service officers and program expenses on an approved form. The Department shall review and approve the quarterly reports, and authorize disbursement. (2) The Director may audit and examine the activities and expenditures of veterans' organizations before approving reimbursements. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030 & 406.450 - 406.462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0525 Fiscal Division of Funds for Veterans’ Organizations The Department shall not disburse more than one-half of the funds available for disbursement to veterans' organizations under ORS 406.310 during the first 12 months of the Department’s fiscal biennium. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.310 & 406.330 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0535 Limitation on Distribution of Funds to Veterans’ Organizations The Department shall not allocate funds to a veterans’ organization in an amount that is more than 50 percent of the organization’s approved budget. However, if the national headquarters of a state veterans’ organization bears the major portion of the expenses of the veteran service officer, the state veterans’ organization may submit as its own expense that portion of the annual member dues that are sent to its national headquarters as payment for a portion of the expenses of its veteran service officer. For purposes of this rule, a “veteran service officer” may be referred to by a veterans’ organization as a "State Service Officer" or a "National Service Officer." Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.210 - 406.217, 406.310 & 406.450 - 406.462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0541 Application of Rules The rules under OAR 274-030-050 and 274-030-0541through 274-030-630 apply to all funds allocated to the Department and distributed to the counties under ORS 406.310 (Director authorized to aid veterans organizations) and under ORS 406.454 (Distribution formula; rules; use of funds). Statutory/Other Authority: ORS 406.005, 406.330, 406.454 & 406.456 Statutes/Other Implemented: ORS 406.310, 406.320, 406.440, 406.450, 406.452, 406.454, 406.456, 406.460 & 406.462 History: DVA 3-2017, adopt filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18
274-030-0545 County Application for Funds (1) A county applying for funds under ORS 406.310 and ORS 406.454 must submit written application to the Department, on an approved form, on or before August 15 of the application year. The application shall include budget reports, revenue and expense reports, and a copy of the approved budget for its program for the next fiscal year. (2) A county may not apply for or use funds for capital outlay. (3) A county may not apply for or use funds to supplant county funds that were previously appropriated by the county for county veteran service officers and rehabilitation programs. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.215 & 406.310 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0550 Late Applications The Director may approve a distribution of funds to a county that files an application under OAR 274-030-0550 after August 15 only if sufficient funds are available. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.215, 406.217, 406.450 & 406.450 - 462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0560 Quarterly Reports and Audits (1) A county must submit quarterly reports and supporting documentation described in subsection (2) of this rule no later than the last working day of the month following the end of a fiscal quarter. (2) The Department will distribute funds to a county on a quarterly reimbursement basis only after the Department has reviewed and approved both of the following reports and supporting documentation submitted by the county: (a) Quarterly expense reports of the county’s veteran services program; and (b) Quarterly county veteran service officer activity reports. (3) The Director may audit and examine the activities and expenditures of a county before approving the disbursement of funds. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030 & 406.450 - 462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0565 Fiscal Division of Funds The Department shall not disburse more than one-half of the total funds available for distribution to a county under ORS 406.310 and 406.454 during the first 12 months of the Department’s fiscal biennium. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030 & 406.450 - 462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0570 Formula for the Distribution of Funds to Counties under ORS 406.310 and 406.454 (1) The formula in subsection (2) of this rule for the distribution of funds described in ORS 406.310 and 406.454 to the counties is based on the consideration of the following factors: (a) A base amount will be provided for each county; (b) The number of veterans residing in each county; (c) The existing veterans' service resources available in each county; (d) The rehabilitation of the greatest number of Oregon veterans; and (e) The elimination, as much as possible, of any duplication of effort and inefficient expenditure of funds. (2) The Department will review applications from all qualified counties and distribute funds allocated to the Department under ORS 406.310 and ORS 406.454 for counties based on the following formula: (a) Base funds. The Department will distribute 55% of all funds available to qualified counties as a base amount. After subtracting the base funds distributed to the counties that share services of a county veteran service officer as described under section (3) of this rule, the remaining base funds will be distributed equally among the remaining counties that do not share a county veteran service officer. (b) Veteran population funds. The Department will distribute 45% of all funds available to qualified counties based on the total veterans population in Oregon divided by the number of veterans residing in a county. (3) As an allocation of the base funds available described under subsection (2)(a) of this rule, if two or more counties share the expenses of an accredited county veteran service officer who provides veteran services to these counties for at least 1,000 hours per year, the Director shall determine a base amount of funds for each of these counties and distribute that amount, after considering the following factors: (a) Number of veterans served; (b) Geographical accessibility to veterans served; and (c) Number of county veteran service officers needed. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 406.215, 406.217, 406.330 & 406.450 - 462 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 4-1984, f. 6-15-84, ef. 7-1-84 DVA 28, f. 8-16-61
274-030-0630 Withholding Funds (1) The Department may withhold funds from a county based on one or more of the following: (a) A county failed to submit required quarterly reports to the Department in a timely manner as required under OAR 274-030-0620; (b) A county submitted one or more required quarterly reports to the Department containing inaccurate or unverifiable information; (c) A county used funds distributed by the Department for capital outlay, as defined in OAR 274-030-0500, which is prohibited under OAR 274-030-0545; (d) A county supplanted funds previously appropriated by the county for county veteran service officers and rehabilitation programs with funds distributed by the Department to a county under ORS 406.310 and ORS 406.454. (2) The Department may release funds to a county that were withheld under section (1)(a) of this rule when a county submits all required quarterly reports to the Department that were not submitted in a timely manner. (3) The Department may release funds to a county that were withheld under section (1)(b) of this rule when a county submits all amended quarterly reports to the Department containing corrected, accurate and verifiable information. (4) The Department may release funds to a county that were withheld under section (1)(c) of this rule when a county submits an amended and corrected report that demonstrates that funds used for capital outlay were county funds and not funds distributed to the county by the Department. (5) The Department may release funds to a county that were withheld under section (1)(d) of this rule when a county amends and corrects the expense reports that showed the county supplanted funds. The amended and corrected report must demonstrate that funds distributed to the county by the Department were not used to supplant county funds. (6) At the conclusion of the Department’s biennium, the Department may disburse withheld funds equally to all remaining counties as determined by the Director. Statutory/Other Authority: ORS 406.030, 406.050, 406.310 - 406.340, 406.450 - 406.462 & 408.410 Statutes/Other Implemented: ORS 406.030, 406.050, 406.450 - 406.462 & 408.410 History: DVA 3-2017, amend filed 11/30/2017, effective 12/01/2017 DVA 1-2017(Temp), f. 7-20-17, cert. ef. 7-21-17 thru 1-12-18 Reverted to DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 6-2013(Temp), f. & cert. ef. 7-24-13 thru 1-20-14 DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08 DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08 DVA 6-2006, f. & cert. ef. 6-16-06 DVA 7-2005(Temp), f. 12-22-05, cert. ef. 12-23-05 thru 6-21-06
274-031-0001 Purpose and Objectives OAR 274 division 31 is established to administer and enforce ORS 406.452 and 408.095, which authorize the Department of Veterans’ Affairs (“ODVA”) to establish and administer a Veteran Service Officer (“VSO”) Certification Program (the “Program”). The essential objectives of the Program include assuring that each certified VSO receives appropriate initial and ongoing training, education, and experience sufficient to achieve and maintain competency in applying for applicable federal and state benefits on behalf of Oregon veterans, spouses and dependents of veterans or survivors of veterans. Statutory/Other Authority: ORS 406.452 & 408.095 Statutes/Other Implemented: ORS 406.050, 406.452 & 408.095 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0002 Definitions For the purposes of OAR chapter 274 division 031, the following terms have the following meanings, unless the context clearly indicates otherwise: (1) "Certified" means that ODVA has provided specific written recognition that a particular person, employed by the state or county to counsel and apply for applicable state and federal veterans’ benefits on behalf of Oregon veterans, spouses and dependents of veterans or survivors of veterans, has received requisite training, and otherwise satisfied minimum standards of education and experience, consistent with ORS 406.452 and the Program to serve in that role as a VSO. (2) "Director" means the Director of Veterans’ Affairs for the State of Oregon as defined in ORS 406.010. (3) "ODVA" means the State of Oregon, acting by and through its Department of Veterans’ Affairs. (4) "Veteran Service Officer" or “VSO” means a state or county employee who is designated to apply for applicable state and federal veterans’ benefits on behalf of Oregon veterans and certified by ODVA to so act consistent with this division. (5) "Reestablished VSO" means a VSO who has not been employed as a VSO in the last three years. (6) "Milestone Examination" means an examination administered by ODVA near the midpoint of the Training Program. This examination is designed to benchmark the progress, and future training needs, of the VSO related to defined training objectives as defined in OAR 274-031-0003. Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0003 Minimum Training Standards for Certification (1) As it deems appropriate, ODVA will make available or recognize training for VSO certification typically including, but not necessarily limited to the following: (a) A multiple-day training course developed and provided on-site at ODVA’s Salem headquarters facility located at 700 Summer Street NE, Salem, Oregon; (b) An introductory training course for new or reestablishing VSO applicants; (c) Topical training as part of its VSO conference(s); and (d) Additional training approved by ODVA offered through official sanctioned veterans’ organizations. (2) To receive VSO certification, persons must, as determined by ODVA, satisfactorily complete required training within the first 18 months of appointment, except as provided in section (5) of this rule. (3) The training will be conducted under the supervision of ODVA's Training Coordinator or designee. (4) Upon satisfactory completion of the training and a passing grade on the certification testing, as determined by ODVA, the VSO will qualify to become certified as determined by ODVA. (5) VSO certification will terminate if the VSO has not been employed as a VSO in the last three years. The VSO must then satisfactorily complete the training program to qualify for certification. ODVA shall waive this requirement if the VSO: (a) Successfully completes a written test; or (b) Submits documentation of successful completion of equivalent training as determined by ODVA. (6) ODVA may grant an extension of the time limit for the completion of the Training Program upon presentation of evidence by the employing agency that the VSO was unable to complete the required training due to illness, injury, military service, or other prudent reason(s). Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0004 Certification Testing ODVA shall require that all new VSOs and VSOs being reestablished must take the following examinations within a timeframe as determined by the Director or the Director's designee per OAR 274-031-0003: (1) Milestone examination; and (2) Certification examination. Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0005 Minimum Certification Standards (1) Each certification test will require a passing grade as determined by ODVA. If a passing grade is not achieved, the test will be readministered approximately 90 days thereafter. (2) Newly appointed and reestablished VSOs must complete the minimum training standards for certification within the first 18 months of appointment. (3) The Director, or designee, will assign a specific value to each training as outlined in 274-031-0003. Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0006 Maintaining Certification Each VSO must maintain certification by: (1) Participating in six training units every year; (2) Taking and passing the certification test once every two years; and (3) Maintaining quality work performance as determined by the Director or designee. Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0007 Denial/Revocation of Certification The Director, or the Director's designee, may deny or cancel a VSO’s certification if the Director, or the Director's designee, determines that the VSO is not maintaining, but not limited to, the following: (1) The minimum certification standards as outlined in 274-031-0005; (2) Satisfactory completion and maintenance of training and education as set by ORS 406.452; (3) Compliance with state or federal laws; (4) Continued employment as a VSO; (5) Lack of sanctions by the federal Veterans Administration; (6) Quality of claims work. Statutory/Other Authority: ORS 406.452 Statutes/Other Implemented: ORS 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0008 Hearings Request Any person adversely affected by an ODVA determination with respect to this Program, may request review of such determination by the Director. The Director, or the Director’s designee, will undertake such review as he or she deems appropriate. The Director, or the Director's designee will endeavor to provide a written response within 30 days of receipt of the requested review. Statutory/Other Authority: ORS 406.030 & 406.452 Statutes/Other Implemented: ORS 406.030 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-031-0009 Waiver of Rules ODVA may waive or modify any requirements of OAR 274, division 31, in order to achieve substantial justice and the purposes of the Program unless such waiver or modification would violate applicable federal or state law. Statutory/Other Authority: ORS 406.030 & 406.005 Statutes/Other Implemented: ORS 406.030, 406.050 & 406.452 History: DVA 1-2011, f. & cert. ef. 3-24-11
274-032-0100 Distribution of Pass-through Funds to Tribes; Background and Purpose (1) In 2019, the Oregon State Legislature passed House Bill 5538 (Chapter 570, Oregon Laws 2019), the Department’s budget bill, which provided funds for a new position, a Tribal Veteran Coordinator, and pass-through funding for Tribal Veteran Offices. The budget note states that the purpose of these Pass-through Funds is for Tribal Veteran Offices to “expand and enhance their programs and services.” (2) In 2019, the Department began working closely with various Tribes to establish formal relationships through a Memorandum of Understanding (MOU). The MOU provisions include that the Department would train and accredit Tribal Veteran Service Officers, and the Tribe would establish a Tribal Veteran Office and employ a Tribal Veteran Service Officer who would file United States Department of Veterans Affairs (USDVA) benefit claims for veterans under the Oregon Department of Veterans' Affairs’ power of attorney. (3) The purpose of these rules is to describe the rationale, requirements and processes for the distribution of pass-through funds to Tribes. Statutory/Other Authority: ORS 406.005 Statutes/Other Implemented: Chapter 570, Oregon Laws 2019 (HB 5538) History: DVA 3-2020, adopt filed 03/26/2020, effective 03/27/2020 DVA 1-2019, temporary adopt filed 12/11/2019, effective 12/11/2019 through 06/07/2020