justicedao/ipfs_state_laws huggingface dataset:
274-001-0010 Procurement Rules (1) The Oregon Department of Veterans’ Affairs will comply with the following as they relate to public contracting and procurement: (a) The Oregon Department of Administrative Services rules contained in OAR Chapter 125, Division 246 (General Provisions for Public Contracting) and Division 247 (Public Procurement of Supplies and Services); (b) The Oregon department of Justice rules contained in OAR Chapter 137, Division 46 (Model Rules General Provisions Related to Public Contracting) and Division 47 (Model Rules Public Procurements for Goods or Services); and (c) ORS Chapters 279A, ORS 279B, and ORS 279C. (2) The above apply except as otherwise provided in ORS Chapters 406, 407, and 408. Statutory/Other Authority: ORS 406.005 History: DVA 4-2023, adopt filed 12/29/2023, effective 01/01/2024
274-006-0001 Purpose These rules provide for the Department of Veterans' Affairs (Department) acquisition of information about a subject individual's criminal history through criminal records checks and its use of that information to determine whether the individual is fit to provide services to the Department as an employee, volunteer, contractor or vendor. The fact that the Department determines that an individual is fit does not guarantee the individual a position as a Department employee, volunteer, contractor or vendor or that the individual will be hired by the Department. Statutory/Other Authority: ORS 181.534 and 406.030 Statutes/Other Implemented: ORS 181.534 and 406.030 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0002 Definitions (1) "Criminal Offender Information" means records and related data concerning physical description and vital statistics, fingerprints received and compiled by the Oregon Department of State Police to identify criminal offenders and alleged offenders, records of arrests and the nature and disposition of criminal charges, including sentencing, confinement, parole and release records. (2) "Criminal Records Check" means one or more of the following three processes undertaken by the Department to check the criminal history of a subject individual: (a) A name-based check of criminal offender information conducted through the Law Enforcement Data System (LEDS) maintained by the Oregon Department of State Police, in accordance with the rules adopted and procedures established by the Oregon Department of State Police; (b) A check of Oregon criminal offender information, through fingerprint identification and other means, conducted by the Oregon Department of State Police at the Department’s request (Oregon Criminal Records Check); or (c) A nationwide check of federal criminal offender information, through fingerprint identification and other means, conducted by the Oregon Department of State Police through the Federal Bureau of Investigation or otherwise at the Department’s request (Nationwide Criminal Records Check). (3) "Department" means the Department of Veterans’ Affairs as defined in ORS 406.005. (4) "Fitness Determination" means a determination made by the Department, pursuant to the process established under OAR 274-006-0011, that a subject individual is fit or not fit to be a Department employee, volunteer, contractor or vendor in a position covered by OAR 274-006-0004(2). (5) "Subject Individual" means an individual identified in OAR 274-006-0004 as someone from whom the Department may require a criminal records check. Statutory/Other Authority: ORS 181.534, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0004 Subject Individual The Department may require a subject individual to complete a criminal records check pursuant to these rules because the person: (1)(a) Is applying for employment with the Department of Veterans’ Affairs in a position described in subsection (2) of this rule or is employed by the Department but is being transferred, promoted or demoted to a position described in subsection (2) of this rule; or (b) Provides goods or services or seeks to provide goods or services to or on behalf of the Department as a contractor, subcontractor, vendor or volunteer, or as an employee, member or agent of a contractor, subcontractor, vendor or volunteer; and (2) Is or will be working or providing services in a position in which the subject individual has: (a) Control over, or access to, information technology systems would allow the person to harm the information technology systems or the information contained in the systems; (b) Access to information that state or federal laws, rules or regulations prohibit disclosing or define as confidential; (c) Responsibility for payroll, billing, collections or other financial transactions or for purchasing or selling property; (d) Access to money, negotiable instruments or financial information of the Department; (e) Mailroom duties; (f) Responsibility for auditing the Department or other business entities doing business with the Department; (g) Personnel or human resources functions or access to personnel information; (h) Access to Social Security numbers, dates of birth or criminal background information of other persons; (i) Access to tax or financial information of the Department or persons employed by the Department; or (j) Access to tax or financial information collected by the Department about individuals or business entities. Statutory/Other Authority: ORS 181.534, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0005 Criminal Records Check Process (1) When a Criminal Records Check is Required. The Department may conduct, or request the Oregon State Police to conduct, a criminal records check when: (a) An individual meets the definition of a subject individual; or (b) Required by federal law or regulation, by state or administrative rule, or by contract or written agreement with the Department. (2) Which Criminal Records Check is Conducted. When the Department determines under section (1) Of this rule that a criminal records check is needed, the Department may request or conduct a LEDS Criminal Records Check, an Oregon Criminal Records Check, a Nationwide Criminal Records Check, or any combination thereof. (3) Disclosure of Information by Subject Individual. (a) Prior to a criminal records check, an individual shall complete and sign the Department's Criminal Records Request form and, if requested by the Department, a fingerprint card within three business days of receiving the forms. The Department may extend the deadline for good cause. The Department’s criminal records request form will require the following information: name, birth date, social security number, physical characteristics, driver's license or identification card number and current address, prior residency in other states, military history, and any other identifying information deemed necessary by the Department. (b) The Department may require additional information from the subject individual as necessary to complete the criminal records check and fitness determination, such as, but not limited to, proof of identity; or additional criminal, judicial, or other background information. (c) The Department shall not request a fingerprint card from a subject individual under the age of 18 years unless the subject individual is emancipated pursuant to ORS 419B.550 et seq, or unless the Department also requests the written consent of a parent or guardian. In such case, such parent or guardian and youth must be informed that they are not required to consent. Notwithstanding, failure to consent may be construed as a refusal to consent under OAR 274-006-0011(3). Statutory/Other Authority: ORS 181.534, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0010 Hiring or Appointing on a Preliminary Basis (1) If the Department elects to conduct a criminal records check pursuant to these rules, the Department, in its sole discretion, may hire or appoint the subject individual on a preliminary basis pending completion of a criminal records check when: (a) The subject individual has provided all information (including a fingerprint card, if requested) as required by the Department pursuant to OAR 274-006-0005; and (b) The Department, in its sole discretion, determines that preliminary hiring is in the Department’s best interests. (2) A subject individual hired or appointed on a preliminary basis under this rule may participate in training, orientation, or work activities as assigned by the Department. (3) A subject individual hired or appointed on a preliminary basis is deemed to be on trial service. (4) Nothing in this rule shall be construed as requiring the Department to hire on a preliminary basis. Statutory/Other Authority: ORS 181.534, 406.005, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.005, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0012 Potentially Disqualifying Crimes (1) Crimes Relevant to a Fitness Determination: (a) All felonies; (b) All misdemeanors; (c) Any United States Military crime or international crime; (2) Evaluation of Crimes. The Department shall evaluate a crime on the basis of the law of the jurisdiction in which the crime or offense occurred, as those laws are in effect at the time of the fitness determination. (3) Expunged Juvenile Record. Under no circumstances shall a subject individual be determined to be not fit under these rules on the basis of the existence or contents of a juvenile record that has been expunged pursuant to ORS 419A.260 and 419A.262. Statutory/Other Authority: ORS 181.534 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0013 Incomplete Fitness Determination (1) The Department will close a preliminary or final fitness determination as incomplete when: (a) Circumstances change so that a person no longer meets the definition of a "subject individual" under OAR 274-006-0004. (b) The subject individual does not submit materials or information within the time required under OAR 274-006-0005(3); (c) The Department cannot locate or contact the subject individual; (d) The subject individual fails or refuses to cooperate with the Department’s attempts to acquire other criminal records information under OAR 274-006-0011(2); or (e) The Department determines that the subject individual is not eligible or not qualified for the position (of employee, contractor, vendor or volunteer) for a reason unrelated to the fitness determination process. (f) The position is no longer open. (2) A subject individual does not have a right to a contested case hearing under OAR 274-006-0018(2) or a right to an alternative appeals process as provided by OAR 274-006-0018(6) to challenge the closing of a fitness determination as incomplete. Statutory/Other Authority: ORS 181.534 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0014 Notice to Subject Individual of Fitness Determination The Department shall inform the subject individual who has been determined not to be fit on the basis of a criminal records check, via personal service, or registered or certified mail to the most current address provided by the subject individual, of such disqualification. Statutory/Other Authority: ORS 181.534 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0015 Fees (1) The Department may charge a fee for acquiring criminal offender information for use in making a fitness determination. In any particular instance, the fee shall not exceed the fee(s) charged the Department by the Oregon Department of State Police and the Federal Bureau of Investigation to obtain criminal offender information on the subject individual. (2) The Department may charge the fee to the individual on whom criminal offender information is sought, or, if the individual is an employee of a Department contractor or vendor and is undergoing a fitness determination in that capacity, the Department may charge the fee to the individual’s employer. Statutory/Other Authority: ORS 181.534, 406.005, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.005, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-006-0020 Recordkeeping Confidentiality Any information obtained in the criminal records check is confidential. The Department must restrict the dissemination of information obtained in the criminal records check. Only those persons, as identified by the Department, with a demonstrated and legitimate need to know the information, may have access to criminal records check records. Statutory/Other Authority: ORS 181.534, 406.030 & 2009 SB 94 Statutes/Other Implemented: ORS 181.534, 406.030 & 2009 SB 94 History: DVA 1-2009, f. 12-22-09 cert. ef. 1-1-10
274-010-0105 Who May Apply for Educational Aid Any person who qualifies as a beneficiary under the provisions of ORS 408.010 is eligible to apply for educational aid. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.030 History: DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93 DVA 22, f. 11-15-57, ef. 11-14-57
274-010-0115 Evidence Required to Establish Eligibility Eligibility Form 1004-M shall be submitted to the Department of Veterans' Affairs accompanied by: (1) Certified copy of evidence of separation. (2) Proof of current Oregon residence. (3) Proof of change in name: (a) Where veteran's name has been legally changed since discharge, a certified copy of the Court Order, marriage certificate, or divorce decree will be furnished to the Department of Veterans' Affairs; (b) Where veteran's name has been changed, but not legally, an affidavit from the veteran and affidavits from at least two disinterested persons will be required to show such change. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.040 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93 DVA 22, f. 11-15-57, ef. 11-14-57
274-010-0120 Applications (1) All applications for educational aid shall be made upon Form ED-1 (Application Form), and shall be filed with the head of the training institution involved. (2) Upon approval of training, the head of the institution shall forward the application to the Department of Veterans' Affairs. (3) When an application is made for benefits to attend a course which may be considered an avocation or recreational in nature, or for a single subject course which is not directly related to the student's educational objective, the applicant shall include with the usual application a statement indicating how the desired courses will better prepare him to engage in a more gainful occupation. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.040 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93 DVA 22, f. 11-15-57, ef. 11-14-57
274-010-0125 Evidence Required for Out-Of-State Attendance Where the applicant requests educational aid for out-of-state attendance, the following information, in addition to that required by OAR 274-010-0120, shall accompany the usual application, in order to satisfactorily show the necessity for this attendance: (1) A detailed statement of the required academic course, which shall include a resume of the student’s educational background and experience as well as any additional information about the qualifications of the out-of-state school to provide the required training. (2) When possible, the application should be accompanied by a statement from the Oregon institution where the applicant had previously attended or that would be most likely to offer the required training, certifying that the particular training required is not presently available. (3) A statement from the out-of-state school confirming the enrollment of the applicant in the particular course as outlined. (4) Evidence through school catalog or official certification, that the out-of-state school is fully accredited within its state to offer the required course. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.070 History: DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0130 Time for Filing Application (1) Applications shall be submitted promptly following registration, or prior thereto for the courses or training for which aid is requested. (2) Payments may be retroactive to the beginning of the school term only if the applicant provides justifiable reasons for the delay in making application. Being unaware of the educational aid program will not in itself be sufficient grounds for considering retroactive payments. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.070 History: DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0135 Additional Information and Evidence The Department of Veterans' Affairs may, in addition to the information and evidence specified in the application, instructions, or rules and regulations, require such additional information and evidence as he deems necessary to establish the applicant’s eligibility. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.070 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0145 Computation of Payments The following factors shall be used in computing the amount payable to the beneficiary: (1) Length of service shall be computed in full months. (2) For each month of active military service, not exceeding 36 months, claimant shall be entitled to receive: (a) Up to $150 per month for each month of full-time study or professional training; (b) Up to $100 per month for each month of part-time study or professional training. (3) One month of entitlement will be deducted for each monthly payment covering any part of a calendar month. (4) Payment for attendance shall be at the discretion of the Director and based on enrolled curriculum. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.020, 408.050 & 408.060 History: DVA 2-2007, f. & cert. ef. 9-24-07 DVA 1-2006, f. & cert. ef. 1-27-06 DVA 32, f. 12-2-65, ef. 12-25-65 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0155 Approval to Receive Benefits (1) The Department of Veterans' Affairs shall determine the applicant’s eligibility to receive benefits. (2) The Department of Veterans' Affairs shall then determine: (a) That the institution of learning is accredited and qualified to provide the training; (b) That the tuition and other charges are reasonable; (c) That the beneficiary has qualifications to pursue the course of training; (d) That the course of training, is satisfactorily completed, is likely to enable the beneficiary to become a more useful citizen. (3) If all the conditions provided in section (2) of this rule are met, the Department of Veterans' Affairs shall approve the application. (4) Where a satisfactory showing is made that the required training is not available at an approved Oregon institution, the Department of Veterans' Affairs shall permit the applicant to attend an out-of-state school or college. (5) Upon approval of the application by the Department of Veterans' Affairs, benefits are payable: (a) Beginning with the first day of applicant's attendance, subject to conditions under OAR 274-010-0120(2); or (b) Beginning on the date application is filed with executive head of the institution. If the applicant has failed to file promptly following registration and the delay is found to be caused by inexcusable oversight or neglect. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.025 - 408.070 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0160 Reports by Executive Head of Educational Institution On or before the tenth day of each calendar month, the executive head of each institution of learning shall submit certified copies of Form 1006-M (Statement of Educational Aid), containing the following information. (1) Name of each beneficiary; (2) Amount of training; and (3) Progress. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.050 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0165 Lost, Stolen, or Destroyed Warrant If educational aid warrant is lost, stolen, or destroyed before negotiation, beneficiary may obtain payment of by furnishing to the State Treasurer evidence that value has not been received and an acceptable indemnity bond. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.060 History: DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0170 Addition, Amendment, or Repeal of Rules or Regulations These rules and regulations shall have the effect of law and shall be binding in all instances on persons making application for educational aid, under ORS 408.010 to 408.090, but if any part of these regulations are found to be void or illegal, such illegality shall not affect the remaining provisions of the rules and regulations. Statutory/Other Authority: ORS 408 Statutes/Other Implemented: ORS 408.010 - 408.090 History: DVA 3-2007, f. & cert. ef. 9-25-07 DVA 1-2006, f. & cert. ef. 1-27-06 DVA 32, f. 12-2-65, ef. 12-25-65 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-010-0175 Procedure for Hearings (1) Any interested person may petition the director requesting the promulgation, amendment, or repeal of any rule. (a) Petition shall be in writing and shall set forth the requested change in detail; (b) Director shall set time for hearing and shall notify petitioner of same; (c) Petitioner may present any evidence he deems necessary in support of his request; and (d) The final determination shall be made by the director. (2) Any applicant making application for educational aid may request a review of the Department of Veterans' Affairs' decisions pertaining to educational benefits by filing a petition with the director. (a) Petition shall be in writing and signed by or on behalf of the applicant. Petition shall contain a statement of facts requesting specific relief and sufficient information to indicate that the applicant is entitled to relief; (b) Director shall set the time and place for a hearing and shall notify the applicant of same; (c) Applicant may present any evidence he deems necessary in support of his request at the hearing; and (d) The final determination shall be made by the director. Statutory/Other Authority: ORS 183 & 408 Statutes/Other Implemented: ORS 408.040, 408.050 & 408.060 History: DVA 1-2006, f. & cert. ef. 1-27-06 DVA 6-1996, f. & cert. ef. 7-22-96 DVA 32, f. 12-2-65, ef. 12-25-65 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-012-0001 Definitions for OAR 274-012-0001 through 274-012-0131 As used in Sections 0001 through 0131 of division 012, unless otherwise required by context: (1) “Department” or “ODVA” means the State of Oregon Department of Veterans' Affairs. (2) “Program” or “OVEFAP” means the Oregon Veterans' Emergency Financial Assistance Program as established in ORS 408.500. (3) “Under Honorable Conditions” means that the official documents of discharge, service, or separation issued upon the termination of the veteran's active duty service with the Armed Forces are characterized by the relevant branch of the Armed Forces as one of the following: (a) "Honorable"; or (b) "General” also known as “General Under Honorable Conditions”. (4) “Veteran” means a veteran as defined in ORS 408.500. (5) “Immediate family” means a spouse, child or stepchild. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010, 408.225, 408.500 & 2013 HB 2633 Statutes/Other Implemented: 2013 HB 2633 History: DVA 2-2013, f. & cert. ef. 7-8-13 DVA 3-2008, f. & cert. ef. 2-22-08 DVA 1-2008(Temp), f. & cert. ef. 1-7-08 thru 6-30-08 DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06