justicedao/ipfs_state_laws huggingface dataset:
461-185-0050 Patient Liability Pay-In System (1) The Department ends all provisions in this rule on December 31, 2021. (2) Except as provided in sections (3) and (4) of this rule, an individual who receives home and community-based care (see OAR 461-001-0030) in-home services and has countable income above the payment standard for the benefit group must pay to the Department the lesser of the following amounts as a condition of being eligible for home and community-based care in-home services: (a) The individual's adjusted income (see OAR 461-160-0620). (b) The actual cost of home and community-based care in-home services. (3) The service liability of individuals in OSIPM-ICP is calculated in accordance with section (2) of this rule. Individuals in OSIPM-ICP do not pay the Department directly. The ICP service payment of these individuals will be reduced by the amount of their liability. (4) An individual exempt from payments under OAR 461-160-0610 is exempt from the payment required by this rule. (5) Each month, the Department will send the individual an invoice requesting payment based on the calculation in section (2) of this rule. (6) Payments must be received by the Department in the month of service. Statutory/Other Authority: ORS 411.060, 411.070 & 411.404 Statutes/Other Implemented: ORS 411.060, 411.070 & 411.404 History: SSP 34-2022, amend filed 04/28/2022, effective 05/01/2022 SSP 79-2021, temporary amend filed 12/22/2021, effective 01/01/2022 through 06/29/2022 SSP 16-2021, minor correction filed 02/18/2021, effective 02/18/2021 SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14 SSP 26-2013, f. & cert. ef. 10-1-13 SSP 17-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13 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 19-2005, f. 12-30-05, cert. ef. 1-1-06 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 8-2005(Temp), f. & cert. ef. 7-1-05 thru 10-1-05 AFS 11-2001, f. 6-29-01, cert. ef. 7-1-01 AFS 29-1994, f. 12-29-94, cert. ef. 1-1-95
461-190-0163 Restrictions on On-the-Job Training, Unpaid Employment, Work Supplementation; JOBS and REP In the JOBS and REP programs: (1) The Department may not require a client to participate in an activity (see OAR 461-001-0025) of the OJT (see OAR 461-001-0025), unpaid employment (see OAR 461-001-0025), or work supplementation components (see OAR 461-001-0025) in the following circumstances: (a) The client would displace a currently employed worker or position or would cause a reduction in regularly scheduled hours, wages or benefits of a current employee. (b) The assignment would impair an existing contract for services or a collective bargaining agreement. (c) The employment or assignment occurs at the same time another person is laid off from the same or an equivalent job within the same organizational unit or an employer terminates an employee or reduces its work force by hiring a participant in OJT , unpaid employment , or work supplementation . (d) The employment or assignment infringes in any way on promotional opportunities of a current employee. (2) The Department may not require a client to participate in the work supplementation component by filling an established but currently vacant position. (3) The working conditions for clients participating in the OJT , unpaid employment , and work supplementation components may not violate applicable state and federal health and safety standards or require activities not considered usual and customary in the occupation for which the participant is being trained. (4) Clients participating in the OJT , unpaid employment, and work supplementation components who are covered by a workers' compensation system are entitled to the same level of benefits under the same conditions as other individuals similarly employed. (5) Clients in work supplementation not covered by an applicable workers' compensation statute must be provided with equal medical and accident protection for on‑site injuries as that required by the state's worker compensation statute for covered employment. (6) Clients in unpaid employment are covered by the Fair Labor Standards Act (FLSA) (see OAR 461-001-0025) if the worksite is a FLSA subject employer. Statutory/Other Authority: 411.060, 412.049, ORS 409.050, 412.006 & 412.009 Statutes/Other Implemented: 411.060, 412.049, ORS 409.010, 412.006 & 412.009 History: SSP 34-2017, amend filed 12/18/2017, effective 01/01/2018 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 AFS 18-1998, f. & cert. ef. 10-2-98 AFS 19-1993, f. & cert. ef. 10-1-93 AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92
461-190-0171 Education Requirements for Teen Parents; JOBS (1) Except as provided in section (2) of this rule, a teen parent (see OAR 461-001-0025) who participates in the JOBS program and does not have a high school diploma or GED must participate in the basic education component (see OAR 461-001-0025). (2) A teen parent is excused from the requirements of section (1) of this rule if any of the following subsections apply: (a) The teen parent is a JOBS volunteer (see OAR 461-130-0310) from the requirement to participate in the JOBS program 16 weeks after the birth of a child, except that the teen parent may be required to participate in suitable activities with a preference for educational activities, parenting classes, and family stability activities (see OAR 461-001-0000). (b) The teen parent is under age 18, has been excused by the local school district from state compulsory school attendance, and meets the following conditions: (A) The employment goal of the teen parent is an occupation or occupational field that does not require a high school diploma or GED, there is a labor market demand for it, and the goal is appropriate for the teen parent and likely to lead to self-sufficiency; and (B) The teen parent is participating in the job skills training component (see OAR 461-001-0025) and an education component (see OAR 461-001-0025) designed to result in a literacy level of at least grade 8.9. (c) The teen parent is age 18 or 19 and can be assigned to employment training to prepare for occupations or occupational fields for which there is a labor market demand, and either the teen parent has failed to achieve good or satisfactory progress (see OAR 461-001-0025) in completing educational activities (see OAR 461-001-0025) or educational activities are inappropriate for the education and employment goals of the teen parent. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 412.006, 412.009 & 412.049 Statutes/Other Implemented: ORS 409.010, 411.060, 411.070, 412.006, 412.009 & 412.049 History: SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 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 AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00 AFS 18-1998, f. & cert. ef. 10-2-98 AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97 AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 1-1993, f. & cert. ef. 2-1-93 AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92 AFS 19-1991(Temp), f. & cert. ef. 10-1-91 AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
461-190-0181 Basic Education for Nonteens; JOBS (1) Parents age 20 and over in the JOBS Program may be required to participate full-time (as defined by the education provider) in the basic education component if their employment goals requires a literacy level of 8.9, unless one of the following is true: (a) They are exempt from the requirement to participate in the JOBS Program for a reason other than providing care for a child under age 3 months; (b) They demonstrate a literacy level of at least grade 8.9 through BASIS testing; (c) They have a high school diploma or GED. (2) Clients with limited English proficiency may be required to participate in English education if their inability to speak, read or write the English language limits their employment opportunities. Statutory/Other Authority: ORS 411.060 & 411.816 Statutes/Other Implemented: ORS 411.060 History: AFS 18-1998, f. & cert. ef. 10-2-98 AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
461-190-0183 Basic Education; REP (1) Individuals of any age in the REP program may be required to participate either part-time or full‑time (as defined by the education provider) in the basic education component , unless at least one of the following is true: (a) They are exempt from the requirement to participate in the REP program; or (b) They have an equivalent high school diploma or GED from their country of origin. (2) Individuals with limited English proficiency may be required to participate in English education if their inability to speak, read or write the English language limits their employment opportunities. Statutory/Other Authority: ORS 409.050 & 411.060 Statutes/Other Implemented: ORS 409.010 & 411.060 History: SSP 34-2017, adopt filed 12/18/2017, effective 01/01/2018
461-190-0197 Microenterprise Component Closure Effective December 31, 2020 (1) For the purposes of this rule, "microenterprise" means a sole proprietorship, partnership, or family business with fewer than five employees and capital needs no greater than $35,000. (2) The microenterprise component of the JOBS Program ends for all individuals effective December 31, 2020. Statutory/Other Authority: ORS 411.060 & 412.049 Statutes/Other Implemented: ORS 411.060 & 412.049 History: SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 SSP 7-2005, f. & cert. ef. 7-1-05 SSP 23-2003, f. & cert. ef. 10-1-03
461-190-0215 Case Plan Activities and Standards for Support Services Payments; REF, REP In the Refugee Assistance (REF) and Refugee Employment Program (REP) programs, notwithstanding any other administrative rule in chapter 461 and subject to the availability of state and federal funding, the following special provisions apply: (1) Support services (see OAR 461-001-0027 ) payments are available to individuals who are eligible (see OAR 461-130-0310 ) to engage in a case plan (see OAR 461-001-0027 ). (2) Pursuant to the reasonable cost requirements in 45 CFR 75.404, in approving support services payments, the Department (see OAR 461-001-0000) must consider lower cost alternatives. This rule is not intended to supplant Departmen t funding with other funding that is available in the community. The expectation of the Department is that Department staff and individuals work collaboratively to seek resources that are reasonably available to the individual in order to participate in activities. (3) Payment for support services are provided when: (a) Necessary to participate in an approved activity (see OAR 461-001-0027 ) specified in the individual’s case plan ; (b) Authorized in advance; and (c) All other provisions of this rule are met. (4) The Department may provide payments for support services for individuals eligible for REP engaged in an approved activity specified in the individual’s case plan . Support services are subject to the following limitations: (a) Transportation. The Department may provide payments to an individual when transportation costs is for travel to and from an approved REP activity . Payments are only for the cost of public transportation or fuel costs. For fuel costs the individual providing the transportation must report having a valid driver’s license and vehicle insurance. (b) Other Payments. When the need is identified and no other sources are available, the Department may provide other payments needed – (A) To accept a job offer. (B) For books and supplies to complete an approved educational activity. (c) All other payments are not allowed. (5) The Department may require an individual to provide verification of a need for, or costs associated with, support services prior to approval and issuance of payments if verification is reasonably available. (6) The Department may reduce, close, or deny in whole or in part a request for support services payments in the following circumstances: (a) The purpose for the payments is not related to the individual's case plan . (b) The individual is failing to comply with the case plan or is disqualified unless the payments in question are necessary for the individual to demonstrate cooperation with the individual’s case plan . (c) The individual disagrees with support services payments offered or made by the Department as outlined in the individual's case plan . Statutory/Other Authority: ORS 409.050, 411.060, 411.070 & 411.121 Statutes/Other Implemented: 411.060, 411.070, 411.121, 291.003, 409.010, 409.040 & 45 CFR 400 History: SSP 54-2024, adopt filed 09/27/2024, effective 10/01/2024
461-190-0241 Transition Services; JOBS (1) A client who becomes ineligible for the Pre-TANF or TANF programs because of an increase in earned income is eligible for transition benefits and services for 12 months upon meeting the criteria in OAR 461-190-0211 for receiving support services (see 461-001-0025) in the JOBS program. The total cost of JOBS support service payments may not exceed $1,000 for the duration of the 12-month period. For clients whose eligibility ends for reasons other than income from new employment, the benefits and services are limited to completing any JOBS activity (see 461-001-0025) in progress at the time program eligibility ends. (2) The transition period begins on the date determined by the following: (a) For clients participating in an OJT activity (see OAR 461-001-0025), the transition period begins: (A) When TANF benefits end because of earned income, if there are three or fewer months left in the OJT contract. (B) Three calendar months before the end of the OJT contract, if TANF benefits end because of the level of earned income when more than three months remain in the contract. (b) For clients participating in a work supplementation activity (see OAR 461-001-0025), the transition period begins when the wage subsidy (grant diversion) to the employer ends. (c) For all other clients, the transition period begins when Pre-TANF or TANF program benefits end. Statutory/Other Authority: ORS 411.060 & 412.049 Statutes/Other Implemented: ORS 411.060 & 412.049 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 SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06 SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05 SSP 21-2004, f. & cert. ef. 10-1-04 AFS 25-1998, f. 12-28-95, cert. ef. 1-1-98 AFS 18-1998, f. & cert. ef. 10-2-98 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92 AFS 23-1991(Temp), f. 10-31-91, cert. ef. 11-1-91 AFS 13-1991, f. & cert. ef. 7-1-91 AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91 AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90
461-190-0310 Limits to the SNAP Employment and Training Programs (1) The OFSET Program ends for all individuals effective September 30, 2019. (2) The SNAP Training and Employment Program (STEP) is available to individuals in the SNAP need group (see OAR 461-110-0630) who are: (a) 16 years of age and older, and (b) Not Job Opportunity and Basic Skills (JOBS) program eligible. (3) For an ABAWD (see OAR 461-135-0520) residing in one of the SNAP time limit areas (see OAR 461-135-0520), the STEP components and activities must meet the following requirements : (a) The case plan (see OAR 461-001-0020) may not require more than 20 hours of activities per week. (b) Except for Workforce Innovation and Opportunity Act (WIOA) (see OAR 461-001-0020) and Workfare (see OAR 461-190-0500), an individual may not be required to participate in job search (see OAR 461-001-0020) activities more than nine hours per week. The balance of the 20 hours per week must be in work-related or training (not job search ) activities. (c) The individual may participate in a Workfare program under OAR 461-190-0500. Statutory/Other Authority: ORS 411.816 & ORS 409.050 Statutes/Other Implemented: ORS 411.816, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24 & ORS 409.010 History: SSP 26-2021, amend filed 03/24/2021, effective 04/01/2021 SSP 1-2021, temporary amend filed 01/22/2021, effective 01/25/2021 through 07/23/2021 SSP 44-2020, amend filed 12/22/2020, effective 01/01/2021 SSP 20-2019, amend filed 09/19/2019, effective 10/01/2019 SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019 SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019 SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16 SSP 15-2016, f. & cert. ef. 4-1-16 SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07 AFS 13-2002, f. & cert. ef. 10-1-02 AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01 AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00 AFS 18-1998, f. & cert. ef. 10-2-98 AFS 9-1997, f. & cert. ef. 7-1-97 AFS 8-1992, f. & cert. ef. 4-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-190-0360 Special Payments; SNAP Employment and Training Programs In the SNAP program: (1) For purposes of this rule, a “contractor” means any third-party entity that holds a contract with the Department to provide Employment and Training (E&T) services. (2) The Department or contractor (see section (1) of this rule) may authorize special payments to participants participating in one of the three SNAP Employment and Training programs described in OAR 461-001-0020 for transportation and other costs identified in the participant’s case plan (see OAR 461-001-0020) subject to the provisions of this rule. (a) Costs must be directly related to an approved component in the case plan and be reasonable and necessary. (b) The Department or contractor must consider lower cost alternatives. (c) The Department or contractor may deny, reduce, or close special payments when costs exceed the local district's or contractor’s budget for employment and training. (d) Special payments are not intended to replace other funding available in the community. The Department or contractor and the participant must seek resources reasonably available to the participant in order to comply with the requirements in the case plan . (e) Funds may be used to pay for tuition and mandatory school fees charged to the general public. Funds may not be used to pay for state or local education entitlements. (f) Special payments for job retention (see OAR 461-001-0020) is only available if the individual was participating in a component other than job retention prior to securing employment. Statutory/Other Authority: ORS 409.050, ORS 411.121 & ORS 411.816 Statutes/Other Implemented: 411.837, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, ORS 409.010, ORS 411.121, ORS 411.816 & 411.825 History: SSP 7-2019, amend filed 03/11/2019, effective 04/01/2019 SSP 37-2018, temporary amend filed 12/07/2018, effective 01/01/2019 through 03/31/2019 SSP 45-2016, f. 12-20-16, cert. ef. 1-1-17 SSP 35-2016, f. 9-30-16, cert. ef. 10-1-16 SSP 15-2016, f. & cert. ef. 4-1-16 SSP 31-2015(Temp), f. & cert. ef. 11-30-15 thru 5-27-16 SSP 28-2009, f. & cert. ef. 10-1-09 SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09 SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05 SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04 SSP 24-2003(Temp), f. & cert. ef. 10-1-03 thru 12-31-03 SSP 7-2003, f. & cert. ef. 4-1-03 AFS 13-2002, f. & cert. ef. 10-1-02 AFS 18-1998, f. & cert. ef. 10-2-98 AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96 AFS 19-1994, f. & cert. ef. 9-1-94 AFS 28-1992, f. & cert. ef. 10-1-92 AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90
461-190-0401 JOBS Plus Program Applicability The JOBS Plus program (see OAR 461-001-0025) is a component (see OAR 461-001-0025) of the JOBS program and is subject to the provisions of ORS chapter 411 and the following rules (OAR 461-190-0401 to 461-190-0426). Except as provided under OAR 461-190-0416, individuals who participate in the JOBS Plus program (participants) become employed and receive wages from a JOBS Plus employer rather than cash benefits from the TANF program, SNAP benefits, and unemployment insurance benefits. Statutory/Other Authority: ORS 411.060 & 411.816 Statutes/Other Implemented: ORS 411.060 History: SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021 AFS 18-1998, f. & cert. ef. 10-2-98
461-190-0406 JOBS Plus Program Eligibility (1) Any individual in the TANF benefit group (see OAR 461-110-0750) who is not excluded from participation by law, may volunteer to participate in the JOBS Plus program (see OAR 461-001-0025). (2) Individuals remain eligible to participate as long as they would, except for participating in the JOBS Plus program , be eligible for TANF. (3) The benefits of individuals participating in the JOBS Plus program remain suspended until the first day of the month following the month in which they last perform work under a JOBS Plus program agreement. Individuals cannot receive TANF cash benefits and a JOBS Plus program supplement for the same month. Statutory/Other Authority: ORS 409.050, 411.060 & 411.816 Statutes/Other Implemented: ORS 409.010, 411.060 & 411.816 History: SSP 33-2021, amend filed 06/22/2021, effective 07/01/2021 SSP 22-2017, f. 9-8-17 & cert. ef. 10-1-17 SSP 15-2016, f. & cert. ef. 4-1-16 SSP 7-2005, f. & cert. ef. 7-1-05 AFS 18-1998, f. & cert. ef. 10-2-98
461-190-0407 Clients’ Individual Education Accounts After a client has participated in the JOBS Plus program for 30 days, the Department withholds one dollar for each hour the client works for the JOBS Plus employer to be used for the client’s individual education account. To be qualified for use of his or her account, an eligible participant (see OAR 575-090-0010) must make a written request to the Department for access to the account. Upon receipt of such a request, the Department will transfer the account to the Commission. The client must apply with the Oregon Student Assistance Commission to access the account. Statutory/Other Authority: ORS 348.520, 409.050, 411.060, 411.070, 411.894 & 412.006 Statutes/Other Implemented: ORS 348.520, 348.841, 409.050, 411.060, 411.070, 411.894 & 412.006 History: AFS 14-1999, f. & cert. ef. 11-1-99
461-190-0411 Participation of Employers (1) The Department assigns participants to employers who enter into work-site agreements with the Department. The Department will assign participants to public employers only when there is no appropriate vacant position with a private employer. (2) The Department will not assign participants to employers who have demonstrated a pattern of unreasonably ending a client’s JOBS Plus participation prior to completion of training or who have demonstrated an unwillingness to provide adequate training or comply with the work-site agreement. Statutory/Other Authority: ORS 409.050, 411.060, 411.070, 411.816 & 412.006 Statutes/Other Implemented: ORS 409.050, 411.060, 411.070, 411.816 & 412.006 History: AFS 18-1998, f. & cert. ef. 10-2-98
461-190-0421 Increased Tax Liability (1) To ensure that the diversion of SNAP program benefits to JOBS Plus wages does not cause a participant to incur a loss of income as a result of increased tax liability, the Division will make a yearly payment to compensate the participant if the participant’s tax liability exceeds the liability the client would have incurred had the amount of SNAP benefits not been included in the JOBS Plus wages. (2) To receive the payment, the client must do the following: (a) Request the payment from the Division by June 30 of the year following the tax year. (b) Submit the federal tax forms (including the EIC schedule) and state tax forms that were submitted with respect to the prior year together with the same forms completed with income reduced by the amount of SNAP benefits used in calculating the full benefit equivalency income under OAR 461-190-0416. (3) The payment described in this rule is excluded income in the SNAP program. Statutory/Other Authority: ORS 411.060 & 411.816 Statutes/Other Implemented: ORS 411.060 & 411.816 History: AFS 9-1999, f. & cert. ef. 7-1-99 AFS 18-1998, f. & cert. ef. 10-2-98