justicedao/ipfs_state_laws huggingface dataset:
461-115-0150 Offices Where Clients Apply (1) For all programs, applicants must apply at the branch office (see OAR 461-001-0000) serving the area in which they live or work. Applicants temporarily in another area of the state should apply at the branch office serving that area. Applicants may also apply at other locations for the following programs: (a) Homeless clients may apply with a Community Action Agency for the Housing Stabilization program. (b) Applicants may apply for health coverage by: (A) Calling the OHP Customer Service toll-free number; (B) Applying through the OregonHealthCare.gov online portal; (C) Contacting a trained community partner who can help an applicant complete an application; or (D) Contacting a federally qualified health center, a qualified hospital, a disproportionate-share hospital, or another entity authorized by rule. (2) The Department has designated liaison branch offices for some groups of applicants (such as patients in state medical institutions). Those applicants must apply at the designated liaison branch office . (3) SNAP applicants may apply at an office of the Social Security Administration if all members of the filing group (see OAR 461-110-0370) are applying for or are receiving SSI, and the filing group has not applied for or received SNAP benefits during the previous 30 days. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.116, 411.121, 411.404, 411.816, 412.014 & 412.049 Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.116, 411.121, 411.404, 411.816, 412.014 & 412.049 History: SSP 27-2018, amend filed 09/04/2018, effective 10/01/2018 SSP 21-2018, amend filed 06/05/2018, effective 07/01/2018 SSP 5-2018, temporary amend filed 01/25/2018, effective 02/01/2018 through 06/30/2018 SSP 40-2016, f. & cert. ef. 11-1-16 SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00 AFS 22-1995, f. 9-20-95, cert. ef. 10-1-95 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-115-0210 Application Processing Time Frames; SNAP (1) This rule applies in the SNAP program to an initial application and at recertification. (2) The Department will determine eligibility and provide the benefit group the opportunity to participate as soon as possible. The application processing time frame for regular service is the 30 days immediately following the filing date (see OAR 461-115-0040) and not later than the 7th day following the filing date for expedited service. (3) The application processing time frame for regular service includes: (a) An interview as soon as possible but not later than 20 days after the filing date (see OAR 461-115-0230 regarding interviews); (b) Completion of required verification; and (c) The eligibility determination. (4) The filing date remains effective for 60 days in both of the following situations: (a) If the Department is not able to complete the application process within 30 days (for example, unable to schedule an interview by the 20th day following the filing date). (b) If the applicant contacts the Department before the 30th day following the filing date and informs the Department that verification cannot be provided by the 30th day due to reasons beyond his or her control. (5) If, for a reason within his or her control, the client fails to attend an interview by the 20th day following the filing date, and the interview occurs between the 20th and 30th days following the filing date, all verification must be provided not later than the 30th day following the filing date. If required verification is received after the 30th day, a new filing date is established as of the date the verification is received. (6) An applicant does not lose eligibility for expedited services (see OAR 461-135-0575) due to missing the interview. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 & 7 CFR 273.2 History: SSP 25-2019, amend filed 12/24/2019, effective 01/01/2020 SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06 AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 13-1997, f. 8-28-97, cert. ef. 9-1-97 AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96 AFS 32-1996(Temp), f. & cert. ef. 9-23-96 AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95 AFS 13-1994, f. & cert. ef. 7-1-94 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-115-0610 Verification; General (1) To be eligible for benefits, individuals must provide verification when the Department requests verification. The Department will notify an individual when verification, or additional verification, of any factor affecting eligibility or benefit level is required. (2) Verification provided for one program is considered for all programs in which the individual participates. The Department will notify an individual when a particular method of verification is required. More information about what methods are accepted is in the following Oregon Administrative Rules: (a) In the GA, OSIP, OSIPM, and QMB programs, see OAR 461-115-0700 and 461-115-0704. (b) In the SNAP program, see OAR 461-115-0651 and 461-115-0690. (3) The three methods of receiving verification are: (a) Self-attestation. Information provided orally or in writing by or on behalf of an individual. (b) Electronic. Information available and provided to the Department from an electronic source, including but not limited to: (A) The State Wage Information Collection Agency. (B) The Internal Revenue Service. (C) The Social Security Administration. (D) The State Unemployment Compensation Agency. (E) State agencies administering programs under Title 1, 10, 14, or 16 of the Social Security Act. (F) SNAP agencies. (G) Other insurance affordability programs. (H) The Department of Treasury. (I) The Department of Homeland Security. (c) Documentary. Evidence which is provided by or on behalf of an individual, or obtained by the Department from a third party. (A) Documentary evidence can be received in many ways, including: (i) A paper or electronic copy of a document. (ii) An oral or written collateral statement from someone outside the filing group. (iii) Viewing a document during a home visit. (B) In the REF and REFM programs, the immigration status of an individual must be verified using documentary evidence from a federal agency that holds authority to grant legal immigration status. (4) Verification of the occurrence of an act of domestic violence (see OAR 461-001-0000) is not required for any program. Statutory/Other Authority: 411.060, 411.816, 414.042, 418.100, ORS 409.050, 411.402, 411.404, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: 411.060, 411.117, 411.087, 411.816, ORS 409.010, 411.402, 412.014 & 412.049 History: SSP 11-2018, amend filed 03/09/2018, effective 04/01/2018 SSP 10-2017, f. 3-24-17, cert. ef. 4-1-17 SSP 8-2008, f. & cert. ef. 4-1-08 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-115-0690 Verification For SNAP Expedited Service; Time Limits This rule establishes verification requirements for expedited services in the SNAP program. (1) An applicant meeting the SNAP program expedited services criteria under OAR 461-135-0575 and determined eligible for SNAP benefits must provide verification of his or her identity either through a collateral contact or documentary evidence before benefits may be issued. Benefits may not be delayed solely because other eligibility factors are not verified. The filing group (see OAR 461-110-0370) must provide the postponed verification within the timeframes established in section (3) of this rule. (2) A filing group that was receiving SNAP benefits in another state during the same month the filing group applies for expedited services in Oregon must verify that the filing group will not use SNAP benefits from both the other state and Oregon in the same month. The filing group may provide the verification by signing a statement attesting to the following: (a) The filing group did not receive SNAP benefits from the other state for the month in which the filing group is applying for SNAP benefits in Oregon; and (b) If the filing group receives SNAP benefits from the other state for a month in which the filing group receives SNAP benefits in Oregon, the filing group must comply with the following requirements: (A) The filing group may not use the other state's SNAP benefits; and (B) The filing group must report receipt of the other state's SNAP benefits and turn them in to the Department within five days of receipt. Failure to comply with this requirement constitutes an intentional program violation. (3) A filing group that does not provide all necessary postponed verification becomes ineligible as follows: (a) A filing group applying on or before the 15th of the month becomes ineligible the last day of the month of application. (b) A filing group applying after the 15th of the month becomes ineligible the last day of the month following the month of application. (4) When SNAP benefits under expedited services close or change due to postponed verification, notice is provided in accordance with OAR 461-175-0300. Statutory/Other Authority: ORS 411.816 Statutes/Other Implemented: ORS 411.816 History: SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12 SSP 22-2011(Temp), f. & cert. ef. 7-22-11 thru 1-18-12 SSP 5-2010, f. & cert. ef. 4-1-10 AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 13-1991, f. & cert. ef. 7-1-91 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
461-115-0715 Required Verification; SFPSS In the SFPSS program, all eligibility factors must be verified during the initial determination period, when there is a change to any factor, and whenever eligibility for benefits becomes questionable. Statutory/Other Authority: ORS 411.060, 412.049 & 2007 OL 861 Statutes/Other Implemented: ORS 411.060, 412.049 & 2007 OL 861 History: SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08 SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08
461-120-0010 Residency Requirements (1) To be eligible for benefits, an individual must be a resident of Oregon. (2) Except as provided otherwise in OAR 461-120-0030 and this rule, an individual is a resident of Oregon if the individual lives in Oregon. (3) There is no minimum amount of time an individual must live in Oregon to be a resident. However, the individual must intend to remain in Oregon except in the following situations: (a) Emergency Assistance (EA) may be issued to help an individual return to a former state of residence. (b) In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, when an individual is presumed incapable of forming an intent to reside under OAR 461-120-0050. (c) In the Medicare Savings Programs , OSIPM, Refugee Assistance (REF), and Temporary Assistance for Needy Families (TANF) programs, an individual is considered a resident if the individual entered Oregon with a job commitment or looking for work, and is not receiving benefits from another state. (d) The Supplemental Nutrition Assistance Program (SNAP) does not require intent to remain to establish residency. (e) In the Temporary Assistance for Domestic Violence Survivors (TA-DVS) program, to the extent permitted under OAR 461-135-1200. (4) An individual is not a resident if the individual is in Oregon solely for a vacation. (5) An individual continues to be a resident of Oregon during a temporary period of absence if the individual intends to return when the purpose of the absence is completed; and, in the TANF program, the individual remains in the household group under OAR 461-110-0210. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 413.085, 414.025, 414.033, 414.685, 414.826, 414.839 & 412.072 History: SSP 11-2026, minor correction filed 02/19/2026, effective 02/19/2026 SSP 1-2024, minor correction filed 02/21/2024, effective 02/21/2024 SSP 14-2017, f. 6-5-17, cert. ef. 7-1-17 SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 17-2015, f. & cert. ef. 6-30-15 SSP 15-2014, f. & cert. ef. 7-1-14 SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12 SSP 18-2010, f. & cert. ef. 7-1-10 SSP 39-2009(Temp), f. 12-31-09, cert. ef. 1-1-10 thru 6-30-10 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-120-0050 Incapable of Stating Intent to Reside; Medicare Savings Programs, OSIPM, REFM In the Medicare Savings Programs (see OAR 461-001-0000), Oregon Supplemental Income Program Medical (OSIPM), and Refugee Assistance Medical (REFM) programs, an individual is presumed to be incapable of forming an intent to reside if the individual meets the requirements of one or more of the following sections: (1) The individual is assessed with an IQ of 49 or less, based on a test acceptable to the Department. (2) The individual has a mental age of seven years or less, based on tests acceptable to the Department. (3) The individual is judged legally incompetent by a court of competent jurisdiction. (4) The individual is found incapable of indicating intent to reside based on documentation provided by a physician, psychologist or other professional licensed by the state of Oregon in the field of intellectual disabilities. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706 & 414.231 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706 & 414.231 History: SSP 13-2026, minor correction filed 02/19/2026, effective 02/19/2026 SSP 16-2014, f. & cert. ef. 7-1-14 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-120-0110 Citizenship and Noncitizen Status Requirements (1) Except as provided in sections (4) and (5) of this rule, in all programs except the OSIPM-Healthier Oregon, REF, and REFM programs, to be a member of a benefit group (see OAR 461-110-0750) an individual must meet the requirements of at least one of the following subsections: (a) Be a citizen of the United States. Members or citizens of federally-recognized, sovereign American Indian and Alaska Native nations or tribes as defined in section (4)(e) of the Indian Self-Determination and Education Act (25 U.S.C. 450b(e)), are members or citizens of their sovereign nation or tribe and citizens of the United States. (b) Meet the noncitizen status requirements in OAR 461-120-0125. (c) Be a citizen of Puerto Rico, Guam, the Virgin Islands or Saipan, Tinian, Rota or Pagan of the Northern Mariana Islands. (d) Be a national from American Samoa or Swains Islands. (2) In OSIPM-Healthier Oregon, to be a member of the benefit group an individual must meet the eligibility requirements of OAR 461-135-1080. (3) In the REF and REFM programs, to be a member of the need group and the benefit group an individual must meet the noncitizen status requirements of OAR 461-120-0125. (4) In the TA-DVS program, a survivor of domestic violence (see OAR 461-001-0000) is not subject to section (1) of this rule when OAR 461-135-1200 applies. (5) In the TANF program, a survivor of domestic violence is not subject to section (1) of this rule when the individual is at risk of further or future domestic violence. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049 & 412.124 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.006, 412.014, 412.049, 412.124, 409.050, 414.231 & 412.072 History: SSP 27-2024, minor correction filed 03/18/2024, effective 03/18/2024 SSP 50-2023, amend filed 11/30/2023, effective 12/01/2023 SSP 24-2023, temporary amend filed 07/01/2023, effective 07/01/2023 through 12/27/2023 SSP 19-2023, amend filed 06/20/2023, effective 07/01/2023 SSP 40-2022, amend filed 06/29/2022, effective 07/01/2022 SSP 24-2022, minor correction filed 02/16/2022, effective 02/16/2022 SSP 54-2021, minor correction filed 12/13/2021, effective 12/13/2021 SSP 17-2016, f. 4-27-16, cert. ef. 5-1-16 SSP 11-2016(Temp), f. & cert. ef. 3-4-16 thru 8-30-16 SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12 Reverted to SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 SSP 6-2009(Temp), f. & cert. ef. 4-1-09 thru 9-28-09 SSP 4-2009(Temp), f. 3-11-09, cert. ef. 4-1-09 thru 9-28-09 SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 2-1994, f. & cert. ef. 2-1-94 AFS 12-1993, f. & cert. ef. 7-1-93 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 17-1992, f. & cert. ef. 7-1-92 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-120-0130 Declaration of Citizenship or Noncitizen Status An individual required to meet the citizenship and noncitizen status requirements of OAR 461-120-0110 must report the individual's citizenship and noncitizen status to the Department. An adult member of the filing group or an authorized representative (see OAR 461-115-0090 and 461-115-0140) must sign a statement under penalty of perjury attesting to this status for each member of the filing group. Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 412.124 & 414.231 Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 412.124 & 414.231 History: SSP 15-2022, minor correction filed 02/16/2022, effective 02/16/2022 SSP 9-2012, f. 3-29-12, cert. ef. 4-1-12 SSP 23-2008, f. & cert. ef. 10-1-08 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 6-1994, f. & cert. ef. 4-1-94 AFS 17-1992, f. & cert. ef. 7-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 30-1991, f. 12-31-90, cert. ef. 1-1-91 AFS 22-1990(Temp), f. 9-28-90, cert. ef. 10-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-120-0215 Illegal Activity (1) As used in this rule, “illegal activity” means an activity that is illegal under either Oregon law or federal law, or both. For example, working in the marijuana or psilocybin industry is considered an “illegal activity” under this rule. (2) In all programs, income received from an illegal activity (see section (1) of this rule) is considered countable (see OAR 461-001-0000) income. (3) In the Temporary Assistance for Needy Families (TANF) Job Opportunity and Basic Skills (JOBS) and Refugee Employment Program (REP): (a) Support services are not allowed for a participant seeking employment in or engaged in an illegal activity . (b) An illegal activity is not counted towards JOBS engagement and may not be indicated as an activity or employment goal in the participant’s Personal Development Plan. (c) For a participant working in an illegal activity , activity hours and employment placement may not be documented by the Department. (4) In the TANF program, a participant who gains employment in an illegal activity is not eligible for any of the following transitional benefits: (a) Jobs Participation Incentive (JPI). (b) Employment Payments (EP). (5) In the Supplemental Nutrition Assistance Program (SNAP): (a) Support services are not allowed for an Able Bodied Adult Without Dependents (ABAWD) seeking employment in or engaged in an illegal activity . (b) The hours looking for work and the hours worked in an illegal activity are not counted as part of the required 80 hours in work-related activities for an ABAWD in a non-waived area per OAR 461-135-0520. Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 291.003, 329A.500, 409.010, 409.040, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049 History: SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024 SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023 SSP 21-2018, adopt filed 06/05/2018, effective 07/01/2018 SSP 13-2018, temporary adopt filed 03/27/2018, effective 04/01/2018 through 06/30/2018
461-120-0310 Assignment of Support Rights; Not SNAP In all programs except the SNAP program: (1) To be eligible for any program funded in whole or in part with federal grants under Title IV-A (TANF) of the Social Security Act, the filing group (see OAR 461-110-0310) must assign to the state its right to receive, from any other person, child support that accrues during any time period that the group receives assistance, not to exceed the total amount of assistance paid. (2) To be eligible for any program funded in whole or in part with federal grants under Title IV-E of the Social Security Act, the filing group must assign to the state its right to receive, from any other person, child support that has accrued or that accrues during any time period that the group receives assistance, not to exceed the total amount of assistance paid. (3) To be eligible for the OSIPM program, an individual must assign to the state the rights to medical support of the individual, or the rights to medical support of any other individual eligible for medical assistance under the state plan for whom the individual can legally make an assignment. (4) Cash medical support received by the Department is retained by the Department as is necessary to reimburse the Department for OSIPM program medical assistance payments made on behalf of an individual with respect to whom such assignment was executed. To allow adequate time for reporting and payment of incurred medical services, the Department initiates reconciliation 12 months after termination of OSIPM benefits and subsequently issues any resulting refund to the individual or the individual’s legal guardian. (5) When the Department provides benefits or services for the support of a child who is in a filing group in any program funded in whole or in part with a federal grant under Title IV-A (TANF) or IV-E of the Social Security Act, the right to child support for that child that any individual may have is deemed to be assigned to the state by operation of law. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.404, 411.706, 412.024, 412.049, 413.085 & 414.685 Statutes/Other Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.404, 412.001, 412.024, 412.049, 413.085, 414.025, 414.685, 659.830 & 743B.470 History: SSP 23-2017, f. 9-11-17, cert. ef. 10-1-17 SSP 25-2015, f. 9-29-15, cert. ef. 10-1-15 SSP 38-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14 SSP 24-2013, f. & cert. ef. 10-1-13 SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10 SSP 28-2009, f. & cert. ef. 10-1-09 SSP 29-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10 SSP 12-2009(Temp), f. 6-23-09, cert. ef. 7-1-09 thru 12-28-09 SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08 SSP 12-2007(Temp), f. 11-30-07, cert. ef. 12-1-07 thru 3-29-08 SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08 AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00 AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90