justicedao/ipfs_state_laws huggingface dataset:
461-194-0000 Purpose and Objectives The provisions of this rule are retroactively effective January 12, 2023. OAR chapter 461, division 194 establishes and implements the Tax Infrastructure Grant Program, which carries out the Department’s responsibility under House Bill 4117 (2022 short session). The grant program provides funding to culturally specific organizations (see OAR 461-194-0010), culturally responsive organizations (see OAR 461-194-0010), tribal governments (see OAR 461-194-0010), and under-served rural community organizations (see OAR 461-194-0010) that are engaged in income tax benefits education, navigation, and return preparation. The program’s objective is to provide free income tax services as well as education about income tax credits and other tax benefits to households with low income. Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session) Statutes/Other Implemented: HB 4117 (Oregon 2022 short session) History: SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023 SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023 SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023
461-194-0010 Definitions The provisions of this rule are retroactively effective January 12, 2023. Terms used in OAR chapter 461, division 194, are defined as follows, unless otherwise indicated by the context: (1) “Culturally specific organizations” means an entity that provides services to a community in an organizational environment that is culturally focused, and the community being served recognizes it as a culturally specific entity that provides culturally and linguistically responsive services. The entity must have a record of successful community engagement and involvement with the community being served. (2) “Culturally responsive organizations” means an entity that is designed to effectively meet the needs of individuals from diverse cultural backgrounds and experiences through an understanding and respect for the beliefs, practices, culture, and linguistic needs of the diverse populations and communities being served. (3) “Department” means the Oregon Department of Human Services. (4) “Tribal governments” means the sovereign governing bodies of the nine federally recognized tribes, confederated tribes, and tribal nations in Oregon: (a) Burns Paiute Tribe; (b) Confederated Tribes of Coos, Lower Umpqua, and Siuslaw Indians; (c) Confederated Tribes of Grand Ronde; (d) Confederated Tribes of Siletz Indians; (e) Confederated Tribes of the Umatilla Indian Reservation; (f) Confederated Tribes of Warm Springs; (g) Cow Creek Band of Umpqua Tribe of Indians; (h) Coquille Indian Tribe; and (i) The Klamath Tribes. (5) “Rural community organizations” means an entity serving a geographic area in Oregon that is at least ten miles from a population center of 40,000 people or more. Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session) Statutes/Other Implemented: HB 4117 (Oregon 2022 short session) History: SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023 SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023 SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023
461-194-0020 Administration The provisions of this rule are retroactively effective January 12, 2023. Grants awarded by the Tax Infrastructure Grant Program must meet at least one of the following: (1) Strengthen the existing network of culturally specific organizations (see OAR 461-194-0010) and culturally responsive organizations (see OAR 461-194-0010) that provide tax preparation; (2) Expand organizational capacity in geographically diverse areas of Oregon to improve access to tax navigation and tax preparation services; (3) Improve the recruitment and retention of qualified tax preparers; (4) Strengthen the technology resources and training systems available to tax preparers and volunteers; or (5) Strengthen taxpayer outreach, education, and connections to communities by culturally specific organizations and culturally responsive organizations that provide tax navigation and preparation services. Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session) Statutes/Other Implemented: HB 4117 (Oregon 2022 short session) History: SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023 SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023 SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023
461-194-0030 Eligible Activities The provisions of this rule are retroactively effective January 12, 2023. Tax Infrastructure Grant Program grant recipients must use funds to assist households with low income by at least one of the following: (1) Providing education about tax credits and other tax benefits available to individuals with low income; (2) Assisting in navigation of the state and federal tax systems; or (3) Filing income tax returns. Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session) Statutes/Other Implemented: HB 4117 (Oregon 2022 short session) History: SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023 SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023 SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023
461-194-0040 Monitoring and Reporting Requirements The provisions of this rule are retroactively effective January 12, 2023. (1) The Department will conduct reviews, audits, and other compliance monitoring as it deems appropriate to verify compliance with grant agreements. Grant recipients will cooperate fully with the Department in its compliance monitoring. (2) Grant recipients shall meet both of the following: (a) Maintain records that document the use of grant funds for a period of three years and make the records available to the Department upon request; and (b) Submit required reports and other data as specified in the grant agreement. Statutory/Other Authority: ORS 411.060 & HB 4117 (Oregon 2022 short session) Statutes/Other Implemented: HB 4117 (Oregon 2022 short session) History: SSP 49-2023, adopt filed 11/29/2023, effective 12/01/2023 SSP 18-2023, temporary adopt filed 06/15/2023, effective 06/15/2023 through 12/11/2023 SSP 16-2023, temporary adopt filed 06/12/2023, effective 06/15/2023 through 12/11/2023
461-195-0315 Notice of Determination of Lien by Department Where the Department determines that it has a lien pursuant to OAR 461-195-0305, the Department shall: (1) Notify the recipient of the Department’s determination; (2) File a notice of lien with the county recording officer as provided in ORS 416.550(a); and (3) Send, by registered or certified mail, a certified copy of the Notice of Lien filed pursuant to section (2) of this rule to each person or public body, agency or commission against whom the claim is made or action is brought by or on behalf of the recipient. Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610 Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060 History: SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0115 AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89
461-195-0320 Release of Lien for Future Medicals (1) To qualify for consideration of a full or partial release of the State’s share of the Department’s lien (including the amount of an assigned lien) pursuant to ORS 416.600, the recipient must demonstrate, through documentation satisfactory to the Department, that: (a) As a result of the personal injury for which the recipient has a claim, the recipient has a medical condition which will require future medical treatment; (b) The nature of future medical treatment; (c) The date on which the future medical treatment can reasonably be expected to occur; (d) The anticipated cost of the future medical treatment; (e) The amount of the settlement, compromise, or judgment awarded the recipient; (f) Timely compliance by the recipient with the notification requirements; and (g) Any other documentation requested by the Department. (2) In considering a request for a full or partial release of a lien pursuant to ORS 416.600, the Department may take into account: (a) Whether the recipient has provided the documentation required by section (1) of this rule; (b) Whether the future medical treatment is likely to occur in the near future. The Department will evaluate this factor in light of the nature and certainty of the type of medical treatment anticipated; (c) Whether the amount of the settlement, compromise, or judgment is sufficient to pay the future medicals and all or part of the Department's lien; (d) Whether the recipient has or is likely to have another source for payment of the future medical expenses; (e) The effect, if any, of the requested release on the continuing eligibility for future medical or public assistance of the recipient; (f) Any other factor deemed relevant by the Department, including information received from a prepaid managed health care services organization; (g) In the event the recipient is a minor, the provisions of OAR 461-195-0350 may apply. (3) In no case will the Department consider a request for a partial or full lien release pursuant to ORS 416.600 unless the recipient and the liable third party have entered into a final, binding settlement or compromise agreement or the recipient has received a final judgment. In every case, the lien amount that represents the federal share of Title XIX or Title XXI payments must be repaid to the federal government and shall not be subject to partial or full lien release. Statutory/Other Authority: ORS 416.510 - 416.600 Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060 History: SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 AFS 14-1995, f. 6-30-95, cert. ef. 7-1-95
461-195-0325 Release or Compromise of Lien (1) If the Department has not assigned a lien to a prepaid managed care health services organization (organization) or if the organization failed to perfect its assigned lien, the Department may release or compromise its lien — for the amount of the settlement, compromise, or judgment that is subject to the lien — and distribute collections under its lien as follows: (a) To the Department, an amount equal to the State share of Department's assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien. (b) To the federal government, the federal share of the Department's assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien, pursuant to applicable law. (c) To the recipient, any remaining amount after distributions provided for in subsections (a) and (b) of this section. The amount distributed to the recipient must be treated as income or resources consistent with applicable law. (2) If the Department has assigned a lien to a prepaid managed care health services organization (organization) and the organization properly perfected its lien, the Department and the organization may release or compromise and distribute collections under the liens for the amount of the settlement, compromise, or judgment that is subject to the lien, consistent with OAR 461-195-0305(5), as follows: (a) To the Department, an amount equal to the State share of assistance and the federal share of medical assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien. (b) The Department will reimburse to the federal government, the federal share of the State assistance expenditures for the amount of the settlement, compromise, or judgment that is subject to the lien for which federal match was claimed by the Department. (c) To the organization, the assistance expenditures subject to the lien by the organization except as otherwise provided in subsections (a) and (b) of this section. (d) To the recipient, the amount remaining after the distributions provided for in subsections (a), (b), and (c) of this section. The amount distributed to the recipient must be treated as income or resources consistent with applicable law. (e) As between the Department and the organization after the distributions provided for in subsections (a), (b), (c) and (d) of this rule, ORS 416.540(6) requires that the Department's lien must be satisfied first. Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610 Statutes/Other Implemented: ORS 25.020, 25.080, 409.020, 411.060 & 416.510-416.610 History: SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 AFS 27-2001, f. 12-21-01, cert. ef. 1-1-02 AFS 18-1991, f. 9-30-91, cert. ef. 10-1-91
461-195-0350 Procedure Where Injured Recipient is a Minor (1) Where the injured recipient is a minor, the Department may petition the court having probate jurisdiction in the county in which the minor lives to determine the sum that will be needed for the minor's complete physical rehabilitation. Except to the extent that of the federal share of the amount of a lien, the lien of the Department, including any lien assigned to a prepaid managed care health services organization, shall not attach to the amount of any sum needed for the rehabilitation. (2) If the recipient is a minor, no payments to the Department in satisfaction of its lien and no payments to the recipient under a judgment, settlement, or compromise may be made until a hearing has taken place and the court has issued its order under ORS 416.590. Statutory/Other Authority: ORS 409.050, 411.060 & 416.510 - 416.610 Statutes/Other Implemented: ORS 25.020, 25.080, 409.020 & 411.060 History: SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 AFS 26-1993, f. 10-29-93, cert. ef. 11-1-93, Renumbered from 461-010-0150 AFS 62-1989, f. 10-5-89, cert. ef. 10-15-89
461-195-0611 Intentional Program Violations; Establishment and Appeal (1) In the Employment Related Day Care (ERDC), Refugee Assistance (REF), Refugee Assistance Medical (REFM), Summer EBT (SEBT), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, an intentional program violation (IPV) is established by a state or federal court, by an administrative agency in a contested case, or by a person signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing. (2) Except as provided in section (3) of this rule, there is no administrative appeal after a person waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action. (3) A person who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress (see OAR 461-025-0310 and 414-175-0095). If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and: (a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty. (b) If an administrative law judge determines that a waiver was signed under duress, the Department may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty. Statutory/Other Authority: 411.060, 411.095, 411.816, 412.049, ORS 329A.500, 409.050, 413.085 & 414.685 Statutes/Other Implemented: 411.060, 411.095, 411.816, 412.049 & 409.010 History: SSP 58-2024, amend filed 11/27/2024, effective 12/01/2024 SSP 47-2024, temporary amend filed 08/23/2024, effective 08/23/2024 through 02/18/2025 SSP 20-2023, amend filed 06/22/2023, effective 07/01/2023 SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01 AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00
461-196-0000 General Purpose and Scope; SEBT Summer Electronic Benefit Transfer (SEBT) program is established for the purpose of providing nutrition assistance during the summer months for each eligible child, to ensure continued access to food when school is not in session for the summer. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
461-196-0010 Administration; SEBT Summer EBT (SEBT) is administered through a partnership between the Oregon Department of Human Services (ODHS) and Oregon Department of Education (ODE). Roles and responsibilities of both agencies are clarified as follows: (1) Coordinating SEBT agency. (a) For the purposes of the SEBT program ODHS will act as the coordinating agency. (b) The coordinating agency is the primary point of contact for the SEBT program within the State. (c) The coordinating agency is responsible for completion and timely submission of any required plans, forms and reports as well as responsible for activities outlined in the inter-agency agreement with the partnering agency. (2) Partnering SEBT agency. (a) For the purposes of the SEBT program ODE will act as the partnering agency. (b) The partnering agency is responsible for activities outlined in the inter-agency agreement. (c) The partnering agency is responsible for the effective and efficient administration of the program. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
461-196-0030 Authorized Representative; SEBT For the purposes of the Summer EBT (SEBT) program, the Department (see OAR 461-196-0020) adopts the general Authorized Representative rule provisions of 461-115-0090 . Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
461-196-0040 Application; SEBT (1) An application for Summer EBT (SEBT) is considered complete if the following information is provided: (a) Full name(s) of child(ren) and other filing group (see OAR 461-196-0020) members; (b) Name of school(s) where the child(ren) attend; (c) Mailing address; (d) Amount, source, and frequency of income for each filing group member; and (e) Signature of an adult filing group member. (2) Applications for SEBT must be received by the Department (see OAR 461-196-0020) by: (a) The last day of the s ummer operational period (see OAR 461-196-0020 and 461-196-0060); or (b) The deadline permitted by the USDA Food and Nutrition Services. (3) Children who qualify for streamlined certification (see OAR 461-196-0020 and 461-196-0060) do not need to submit an application. (4) If an adult (see OAR 461-196-0020) applicant in the filing group is ineligible to receive SEBT benefits for a qualifying child due to serving an intentional program violation (see OAR 461-195-0601) disqualification: (a) An authorized representative may represent a SEBT applicant or participant, or (b) The Department will work with the filing group to identify another adult to send the EBT card and benefits to for that child. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026 SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
461-196-0050 Benefit Amount, Access, and Use; SEBT (1) The Summer EBT (SEBT) benefit will be $120 per each eligible child (see OAR 461-196-0020) for the summer operational period (see OAR 461-196-0020 and 461-196-0060). (2) Eligible children who are part of a filing group (see OAR 461-196-0020) with an active EBT card associated with a Supplemental Nutrition Assistance Program (SNAP) or Temporary Assistance for Needy Families (TANF) case, will receive benefits on the same EBT card. (3) Eligible children who are not part of a filing group with an active EBT card associated with a SNAP or TANF case will receive a separate EBT card for their SEBT benefits. (4) SEBT benefits are not prorated. (5) The Department (see OAR 461-196-0020) considers benefits available when the SEBT benefits have been issued on an EBT account. (6) Unused benefits are expunged (see OAR 461-196-0020) 122 days after the date of issuance. (7) Expunged benefits will not be restored. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026 SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024
461-196-0060 Eligibility; SEBT (1) For the purposes of Summer EBT (SEBT), categorically eligible (see OAR 461-196-0020) is used synonymously with streamlined certification (see OAR 461-196-0020). Streamlined certification is determined using the most recent instance in which an eligible child (see 196-0020) meets any of the following qualifying factors. If an eligible child meets more than one of the listed qualifying factors at the same time, streamlined certification will be determined based on the first factor that is met, in descending order from (a) through (g). (a) Receiving foster or resource care through Child Welfare. (b) Part of a filing group (see OAR 461-196-0020) that receives Temporary Assistance for Needy Families (TANF). (c) Part of a filing group that receives Supplemental Nutrition Assistance Program (SNAP) with benefits greater than $0. (d) Receiving Medicaid (Oregon Health Plan) with countable income under 185 percent of the federal poverty level. (e) Attending a Head Start program which participates in the National School Lunch Program/School Breakfast Program (NSLP/SBP) (see OAR 461-196-0020). (f) Receiving Food Distribution Program on Indian Reservations (FDPIR) (see OAR 461-196-0020). (g) Migrant, homeless, or runaway as defined by the student’s school. (2) Children eligible for SEBT include those who, at any time during the eligibility period (see OAR 461-196-0020) are: (a) School-aged (see OAR 461-196-0020 ) and categorically eligible . (b) Enrolled in an NSLP/SBP participating school during the instructional year immediately preceding the summer operational period and: (A) Categorically eligible ; (B) Certified to receive free or reduced-price school meals through an NSLP/SBP participating school; (C) Otherwise determined eligible to receive a free or reduced-price meal; or (D) Determined eligible through a Summer EBT (SEBT) application (see OAR 461-196-0020) with the filing group’s total countable income below 185% of the federal poverty level (see OAR 461-196-0120) on the date the completed application is received. (3) Eligibility for SEBT is established from the first day of the instructional year (see OAR 461-196-0020) immediately preceding the summer operational period (see OAR 461-196-0020) through the last day of the summer operational period. (4) For the 2025 program period: (a) The summer operational period is May 30, 2025, through September 3, 2025. (b) The instructional year is July 1, 2024, to May 29, 2025. (c) The eligibility period is July 1, 2024, through September 3, 2025. (5) For the 2026 program period: (a) The summer operational period is June 5, 2026, through September 1, 2026. (b) The instructional year is July 1, 2025, through June 4, 2026. (c) The eligibility period is July 1, 2025, through September 1, 2026. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.060 History: SSP 27-2025, amend filed 12/23/2025, effective 01/01/2026 SSP 58-2024, adopt filed 11/27/2024, effective 12/01/2024 SSP 48-2024, temporary adopt filed 08/23/2024, effective 08/23/2024 through 12/14/2024 SSP 40-2024, temporary adopt filed 06/18/2024, effective 06/18/2024 through 12/14/2024