justicedao/ipfs_state_laws huggingface dataset:
274-012-0100 Purpose and Objective (1) It is the expressed policy of the Department to provide appropriate emergency financial assistance to veterans and their immediate families by means of the Department's Emergency Financial Assistance Program. (2) Within the funds established by the Department, pursuant to ORS 408.500, an account is designated to be used by the Department consistent with this program. Funds held within this account will be used by the Department consistent with this division 012 and applicable law exclusively for the purpose of one-time assistance to veterans and their immediate family, as determined by the Department, who have insufficient funds to meet their financial needs or responsibilities. Such needs may include, but are not limited to: (a) Emergency or temporary housing and related housing expenses, such as expenses for utilities, insurance, house repairs, rent assistance or food; (b) Emergency medical or dental expenses; (c) Emergency transportation; (d) Expenses related to starting a business, such as business licenses or occupational licenses; (e) Temporary income after military discharge; and (f) Legal assistance. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 3-2008, f. & cert. ef. 2-22-08 DVA 1-2008(Temp), f. & cert. ef. 1-7-08 thru 6-30-08 DVA 3-2007, f. & cert. ef. 9-25-07 DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0105 Evidence Required to Establish Eligibility The following documentation shall be submitted to the Department when applying for program funds: (1) A copy of evidence of separation of military service under honorable conditions. (2) Proof of current Oregon residence. (3) Proof of any change in name: (a) Where a veteran's name has been legally changed since discharge, a certified copy of the Court Order, marriage certificate, or divorce decree must be furnished to the Department; (b) Where a veteran's name has been changed, but not legally, an affidavit from the veteran and affidavits from at least two disinterested persons must be furnished to the Department to show such change. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0110 Applications (1) Applications for assistance from the Program shall be made in such manner and detail, and on such forms, as the Department, in its reasonable discretion, shall determine. (2) Applications generally will be prioritized by the Department for consideration based on the date of completed receipt by the Department. The Department may, however, consider applications in such other order and at such other times as it deems reasonable. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0115 Evidence of Need When an application is made for emergency financial assistance, the applicant shall provide the Department with the documentation required under Subsection 0105, together with statement(s) and other documentation satisfactory to the Department indicating how the desired financial assistance will benefit the veteran and his/her immediate family. The Department may require additional documentation or information from the applicant as it deems necessary or appropriate. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0120 Criteria for Determination of Emergency Financial Assistance (1) When determining to whom and in what amount Program funds will be made available to applicants, the Department may take into consideration various factors, including but not limited to: (a) The amount of available funds in the Program account; (b) Anticipated future deposits into the Program account; (c) The amount of present commitments from the Program account; (d) Anticipated future commitments from the Program account; (e) Comparative critical need by applicants as determined by the Department; (f) The appropriateness of the requested assistance; (g) The ability and established willingness of the applicant and the applicant’s immediate family to appropriately use program assistance and to take steps for permanent improvement of their financial circumstances; (h) The eligibility of the applicant; (i) The number of persons and ages of such persons in the immediate family of the applicant; (j) The health and medical needs of the applicant and of immediate family members; (k) Any disability, particularly a disability that limits gainful employment, by an applicant or of an immediate family member of the applicant; and (l) Other available assistance or support to the applicant and the applicant’s immediate family, including but not limited to: (A) United States Department of Veterans Affairs (USDVA) benefits; (B) Social Security benefits; (C) Other pensions; (D) Millennium Bill benefits; (E) Medicare benefits; (F) Medicaid benefits; (G) Annuities; (H) Savings; (I) Investments; and (J) Income from other available resources. (2) The payment of Program assistance is subject to the discretion of the Department in consideration of factors described above in Paragraph (1), together with any other factors, as deemed relevant by the Department. The Department may refuse, terminate, or suspend Program assistance to any veteran and the veteran’s immediate family at any time without notice. The Department shall be under no obligation to provide Program assistance to any applicant or to the immediate family of any applicant. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: 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
274-012-0125 Misrepresentation of Emergency Financial Assistance The Department may require immediate reimbursement of funds, either in total or in part, if it is determined that applicant intentionally submitted invalid, incomplete, or fraudulent information when applying for funds from this Program, or if it is discovered that the funds were not used for the approved purpose(s). Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0130 Review of Decisions Any person adversely affected by a decision of the Department with respect to program assistance may write a letter of complaint to the Department's Director. The Director, or the Director’s designee, will undertake such review of the complaint as deemed appropriate. The Director, or the Director’s designee, will endeavor to provide a written response within 30 days of receipt of the written complaint and shall direct the Department to take such corrective action as is determined to be appropriate. Statutory/Other Authority: Ch. 831, OL 2005, ORS 406.030, 406.050, 406.130 & 408.010 Statutes/Other Implemented: Ch. 831, OL 2005, ORS 406.030, 406.050, 406.130 & 408.010 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-012-0131 Waiver of Rules Subject to the limitations of the law, and at its sole discretion, the Department of Veterans' Affairs may waive all or part of these administrative rules. Statutory/Other Authority: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 Statutes/Other Implemented: ORS 406.030, 406.050, 406.130, 408.010 & 408.500 History: DVA 4-2006, f. & cert. ef. 4-25-06 DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06
274-013-0000 Purpose and Objective (1) OAR chapter 274, division 013 is promulgated to carry out the provisions of 2008 Oregon Laws chapter 18 as enacted by the Oregon Legislative Assembly through House Bill 3626 §§19 and 20, effective February 11, 2008 (the “Act”). These rules, related documents and relevant determinations by the Department constitute the Department's Veterans' Small Business Repair Loan Program (the “Program”). The Program is intended, inter alia, to facilitate the delivery of appropriate financial assistance to eligible veterans and to the unremarried surviving spouses of veterans who are deceased as a result of their mobilization or deployment as provided herein. (2) Funds appropriated for the Program by the Oregon Legislative Assembly through 2008 Oregon Laws chapter 16 (Senate Bill 5556 §48) or otherwise are, consistent with House Bill 3626 §20, deposited in the Veterans’ Small Business Repair Loan Fund (the “Fund”) established in the State Treasury, separate and distinct from the General Fund. The Department will use Fund moneys consistent with this division for the purpose of providing interest-free loans to qualified applicants whose small businesses incur setbacks during the relevant veteran's mobilization or deployment. Statutory/Other Authority: 2008 OL Ch. 18 & ORS 406.005 Statutes/Other Implemented: 2008 OL Ch. 18 History: DVA 6-2008, f. 9-30-08, cert. ef. 10-1-08
274-013-0020 Eligibility (1) To be eligible for a Program loan, an Applicant must satisfy the definition of Applicant given in OAR 274-013-0010 and meet the following criteria: (a) The Applicant must own a Controlling Interest in a Small Business; (b) The Small Business must have incurred a Setback due to the relevant Veteran's Mobilization or Deployment. The Department may consider factors including, but not limited to the following in determining whether or not a Small Business has incurred a Setback: (A) Whether or not the Small Business has experienced a material diminution or loss of income, customers, suppliers, operational integrity, relative competitive position or good will; (B) Whether or not the Small Business has experienced an extraordinary depreciation in or loss of goods or capital; and (C) Whether or not any factor identified in Subparagraphs (A) or (B) occurred during the relevant Veteran’s Mobilization or Deployment or as a demonstrable consequence of such Mobilization or Deployment. (c) The Applicant must apply to the Department for a Program loan within 12 months after the relevant Veteran’s Demobilization or the date upon which the relevant Veteran would have been Demobilized but for his or her demise while on active duty. (d) The relevant Veteran must have been discharged under honorable conditions or been eligible for honorable discharge at the time of his or her demise while on active duty. (2) To be eligible for a Program loan, an Applicant also must complete and deliver to the Department an application, including other information and documents as required by the Department, in a manner consistent with Program requirements. Statutory/Other Authority: 2008 OL Ch. 18 & ORS 406.005 Statutes/Other Implemented: 2008 OL Ch. 18 History: DVA 6-2008, f. 9-30-08, cert. ef. 10-1-08
274-013-0050 Loan Documents (1) Program loan documents may contain such provisions as the Department deems appropriate, including but not limited to terms with respect to Program loan disbursements, Collateral, repayment, remedies, late fees and interest, collection charges, attorneys fees and costs and post-judgment interest. (2) The Department may charge Borrowers for appropriate administrative costs, collection fees, late fees and attorney fees, as well as interest charges on the foregoing, and post-judgment interest. Statutory/Other Authority: 2008 OL Ch. 18 & ORS 406.005 Statutes/Other Implemented: 2008 OL Ch. 18 History: DVA 6-2008, f. 9-30-08, cert. ef. 10-1-08
274-013-0060 Administrative Review (1) Any Person adversely affected by a Department determination with respect to this Program, unless controlled by relevant loan documents, may request review of such determination by the Department's Director. The Director, or the Director’s designee, will undertake such review as he or she deems appropriate. The Director, or the Director's designee will endeavor to provide a written response within 30 days of receipt of the requested review. (2) Any request for modification of any provision with respect to a Program loan must be made in writing to the Department. No Program loan modification or waiver of any term shall be effective unless in a signed writing by the Director. (3) If the Director consents to any requested modification, the Department may require the Borrower to pay for related costs, including but not limited to all costs of modifying or amending any loan documents, filings, recordings or financing statements. Statutory/Other Authority: 2008 OL Ch. 18 & ORS 406.005 Statutes/Other Implemented: 2008 OL Ch. 18 History: DVA 6-2008, f. 9-30-08, cert. ef. 10-1-08
274-013-0070 Waiver of Rules The Department may waive or modify any requirements of OAR 274, division 013, in order to achieve substantial justice and the purposes of the Program unless such waiver or modification would violate applicable federal or state law. Statutory/Other Authority: 2008 OL Ch. 18 & ORS 406.005 Statutes/Other Implemented: 2008 OL Ch. 18 History: DVA 6-2008, f. 9-30-08, cert. ef. 10-1-08
274-015-0010 Conservatorship Fees (1) As used in this rule: (a) “Department” means the Department of Veterans’ Affairs. (b) “Protected person” means a person for whom a protective order has been entered by a count that appoints the Department as the conservator. (c) "Ordinary services" means ordinary and routine conservatorship services performed by the Department on behalf of a protected person. (d) "Unusual services" means conservatorship services performed by the Department on behalf of a protected person that are uncommon or unusual. (e) “USDVA” means the Unites States Department of Veterans’ Affairs. (2) The Department will charge the following fees when acting as the conservator of the estate of a protected person: (a) For ordinary services, 7% of the income to the estate. (b) For unusual services, $40 per hour except for real property inspections. The fee for real property inspections is $50 per inspection. (3) The Department will impose a fee on the following sources of income to the estate of a protected person: (a) USDVA compensation. (b) USDVA pension. (c) USDVA accumulated benefits. (d) USDVA death indemnity compensation (DIC). (e) USDVA death pension for a surviving spouse or child. (f) USDVA education. (g) USDVA rehabilitation. (h) Social Security. (i) State retirement. (j) Federal Civil Service Retirement. (k) Worker's compensation. (l) Railroad retirement. (m) Union pension. (n) Life insurance annuity. (o) Private disability insurance. (p) Military retirement. (q) Wages. (r) Interest income on the funds in the estate earned through investments made by the Oregon State Treasurer. (4) The Director of Veterans’ Affairs may waive all or any portion of the fees charged under section (2) of this rule if the director finds that payment of a claim, or a portion thereof, would pose a hardship to the protected person or would deplete the protected person’s estate. (5) The director may retract a waiver made under subsection (4) of this rule if the director finds that payment of the claim, or a portion thereof, would no longer pose a hardship to the person from whose estate the claim is payable, or would no longer deplete the estate. Statutory/Other Authority: ORS 406.005, 406.050 & 406.100 Statutes/Other Implemented: ORS 406.100, 406110 & 406.120, 2013 OL Ch. 258 & 190 History: DVA 12-2013, f. 12-20-13, cert. ef. 1-1-14 DVA 7-2013(Temp), f. 8-29-13, cert. ef. 8-30-13 thru 1-3-14 DVA 3-2013(Temp), f. & cert. ef. 7-9-13 thru 1-3-14 DVA 1-2012, f. & cert. ef. 2-22-12 DVA 4-1991, f. & cert. ef. 7-1-91 DVA 9-1987, f. 11-25-87, ef. 12-1-87
274-015-0020 Representative Payee (1) The Director of Veterans' Affairs (DVA) may act as Representative Payee on behalf of a person deemed to be financially incapable at the request of any of the following: (a) The United States Department of Veterans’ Affairs (VA); (b) The Social Security Administration; (c) The United States Department of Defense; (d) Defense Finance and Accounting Service; (e) Public Employees Retirement System; (f) Any other payor of benefits. (2) The Director of Veterans' Affairs (DVA) may charge fees when acting as the Representative Payee of a person deemed to be financially incapable. The fees DVA may charge are as follows: (a) Up to four (4) percent of highest income source; or (b) As stated in applicable law governing the payor. (3) The sources of income upon which DVA may impose a fee are as outlined in OAR 274-015-0010(2). (4) In deciding whether all or a portion of the fees will be waived, the Director shall consider the following: (a) Whether the protected person has at least $2,000 in cash and investment assets; (b) Whether, after payment of a fee, the protected person would have sufficient funds to pay all outstanding bills, and have money remaining to pay for such basic needs as food, shelter, clothing, and medical care; (c) Whether the protected person receives public assistance; (d) Whether all foreseeable expenses have been taken into account in deciding what the needs of the protected person will be; and (e) Whether fees have been authorized by the payer of benefits. Statutory/Other Authority: ORS 406.030, 406.040, 406.050, 406.100 & 113.085 Statutes/Other Implemented: ORS 406.030, 406.050, 406.100 & 406.110 History: DVA 1-2012, f. & cert. ef. 2-22-12
274-020-0241 Authority to Protect the Security At the discretion of the Director, funds can be disbursed to make repairs to correct a serious structural, safety, or sanitary deficiency discovered in a property that is security for a loan when it is determined such a disbursement is necessary to protect the interest of the state. This would occur when the following conditions exist: (1) The present and probable future value of the property, without benefit of the needed repairs, is sufficiently low when compared to the existing loan balance that the state’s investment would be threatened; and (2) The current owner is the original veteran borrower who lacks the financial means to make the needed repairs or corrections in a timely manner; and the funds required, when added to the existing loan balance, would exceed the maximum loan right or percentage of loan limitations; or (3) The current owner is a transferee who lacks the financial means to make repairs or corrections in a timely manner. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407.115, 407.131, 407.135 & 407.145 History: DVA 5-1980, f. & ef. 12-1-80
274-020-0260 Who May Apply for Loan (1) A loan shall be made only to an individual veteran as defined in OAR 274-020-0200. (2) Joint loans or loans to a cooperative shall not be valid. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 407.115 & 407.125 History: DVA 7-2001, f. & cert. ef. 10-29-01 DVA 42, f. 3-2-73, ef. 3-20-73 DVA 32, f. 12-2-65, ef. 10-15-65 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-020-0265 Evidence Required to Establish Eligibility The applicant shall submit to the Director the following evidence to establish eligibility: (1) Evidence of separation such as a photostat of Discharge or a Certificate of Satisfactory Service and a photostat of Notice or Report of Separation, Transfer, or Discharge. (2) Certificate of Service and Casualty Report when applicant is the unremarried spouse of a person who died on active duty. (3) Proof of Oregon residence. (4) Proof of any change in name since discharge: (a) Where legally changed, proof shall be by a certified copy of the Court Order, or a marriage certificate, or a divorce decree; (b) Where not legally changed, proof shall be by an affidavit from the veteran and affidavits from at least two disinterested persons. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 406.030, 407.075, 407.115 & 407.125 History: Reverted to DVA 1-1980, f. & ef. 1-15-80 DVA 4-2013(Temp), f. & cert. ef. 7-23-13 thru 1-19-14 DVA 1-1980, f. & ef. 1-15-80 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-020-0266 Eligibility to Apply Eligibility to apply for a loan under this division is subject to the eligibility criteria of Article X1-A of the Oregon Constitution and qualification under the Internal Revenue Code as a qualified veteran. The acceptance of an application and granting of a loan is further subject to the provisions of ORS Chapter 407, OAR division 020, 025, 045, other applicable law, and the policies and procedures of the Oregon Department of Veterans’ Affairs (ODVA), and at the discretion of the director of ODVA. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-020-0270 Forms and Signature (1) Application for a loan from the state shall be made to the Director on forms provided by the Director. (2) Applicants shall complete the appropriate department form to establish eligibility and shall sign their name as it appears on the discharge, unless their name has changed since discharge, in which case they shall use their present name. Statutory/Other Authority: ORS 406 & 407 Statutes/Other Implemented: ORS 406.030, 407.075, 407.115 & 407.125 History: DVA 2-1985, f. 2-26-85, ef. 3-1-85 DVA 48, f. & ef. 1-3-77 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-020-0280 Number of Applications Permitted (1) Except as provided in section (2) and (3) of this rule, a veteran may have only one ODVA loan application pending at any time. (2) A veteran may make application for another loan if conditions exist which entitle the veteran to another loan. (3) A veteran may make an application for an additional loan if the veteran presently has a state loan. Statutory/Other Authority: ORS 406.005 & 407.115 Statutes/Other Implemented: ORS 407.075 to 407.385; Oregon Constitution Article XI-A, Section 3 History: DVA 5-2020, amend filed 07/10/2020, effective 07/11/2020 DVA 1-2020, temporary amend filed 01/21/2020, effective 01/22/2020 through 07/10/2020 Reverted to DVA 1-1980, f. & ef. 1-15-80 Suspended by DVA 11-2013(Temp), f. & cert. ef. 11-15-13 thru 1-19-14 DVA 4-2013(Temp), f. & cert. ef. 7-23-13 thru 1-19-14 DVA 1-1980, f. & ef. 1-15-80 DVA 32, f. 12-2-65, ef. 10-25-65 DVA 29, f. 7-3-63, ef. 9-2-63
274-020-0285 Additional Loans A veteran may receive this type of subsequent loan to replace an existing home unit on the existing ODVA security with a new home unit when the total funds do not exceed statutory limits. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407.205 & 407.265 History: Reverted to DVA 5-1997, f. & cert. ef. 10-22-97 DVA 4-2013(Temp), f. & cert. ef. 7-23-13 thru 1-19-14 DVA 5-1997, f. & cert. ef. 10-22-97 DVA 42, f. 3-2-73, ef. 3-20-73 DVA 29, f. 7-3-63, ef. 9-2-63 DVA 22-1957, f. 11-15-57, ef. 11-14-57
274-020-0290 Second Loans Before a second loan may be granted: (1) The repayment shall have been satisfactory; and (2) The amount shall be limited to the balance of the original or restored loan right. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407.205 & 407.265 History: Reverted to DVA 45, f. & ef. 12-1-75 Suspended by DVA 11-2013(Temp), f. & cert. ef. 11-15-13 thru 1-19-14 DVA 4-2013(Temp), f. & cert. ef. 7-23-13 thru 1-19-14 DVA 45, f. & ef. 12-1-75 DVA 42, f. 3-2-73, ef. 3-20-73 DVA 36, f. 7-25-69, ef. 8-25-69 DVA 29, f. 7-3-63, ef. 9-2-63 DVA 22-1957, f. 11-15-57, ef. 11-14-57