justicedao/ipfs_state_laws huggingface dataset:
274-040-0015 Eligibility for Admission to the Oregon Veterans’ Home (1) To be eligible for admission to the Oregon Veterans' Home (Home), an applicant must be: (a) A veteran as defined by United States Code, Title 38, section 101, as currently adopted (This publication is on file with the Oregon Department of Veterans' Affairs, 700 Summer Street NE, Salem, Oregon, and is available for public review Monday through Friday between the hours of 8 a.m. and 5 p.m.); or (b) Spouse or surviving spouse as defined by United States Code, Title 38, section 3.50, as currently adopted (This publication is on file with the Oregon Department of Veterans' Affairs, 700 Summer Street NE, Salem, Oregon, and is available for public review Monday through Friday between the hours of 8 a.m. and 5 p.m.); or (c) A parent, all of whose children died while serving in the Armed Forces of the United States. (2) An applicant must also: (a) Be able to pay the resident's portion of the cost of care; (b) Require nursing home care as determined by a physician; (c) Not require medical care for which the Home is not equipped or staffed to provide; (d) Not have violent traits which may prove dangerous to the applicant, residents of the Home, staff or others, provided however, that nothing in this section shall be interpreted to prevent the admission of residents diagnosed with Alzheimer's Disease or other dementia for whom the facility is equipped and prepared to provide care for common behavior problems and recommended behavior management, and that no one shall be denied admission on the basis of being a potential danger to self or others unless that condition is documented by the attending physician. (3) Eligible applicants, as determined by the Director of Veterans' Affairs (Director) will be scheduled for admission to the Home (or placed on a waiting list if no beds are available) based on the date that all of the required application materials have been received and level of care requirements can be satisfied, or in such other order as may be deemed appropriate by the Director. (4) Priority for admission to the Home is as follows: (a) Former residents of the Home who are eligible for readmission; (b) Medal of Honor recipients; (c) Resident Oregon veterans; (d) Non-resident veterans; (e) Other applicants as defined in sections (1)(b) and (1)(c) above. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 406.030, 406.050, 408.510, 408.520 & 408.530 Statutes/Other Implemented: ORS 406.030, 406.040 & 406.050 History: DVA 8-2006, f. & cert. ef. 7-27-06 DVA 11-2004, f. & cert. ef. 8-25-04 DVA 15-2003, f. & cert. ef. 12-31-03 DVA 14-2003(Temp), f. & cert. ef. 11-14-03 thru 2-14-04 DVA 3-1998, f. & cert. ef. 3-13-98
274-040-0020 Review of Decisions and Procedures for Hearings (1) Any person adversely affected by a decision of an ODVA official may write a letter of complaint to the Director. The Director shall prepare and send a written response within 30 days of receipt of the written complaint. (2) If the Director supports the ODVA official’s decision, a request may be made within 60 days of the date of mailing of the director’s response for an informal hearing with a designated official. (3) A request for an informal hearing shall be addressed to the Director and shall state: (a) The nature of the adverse decision; (b) The date of the decision; (c) The name of the person making the decision; and (d) How the person requesting the hearing is adversely affected. (4) Unless ODVA received written notice of a complaint, the right to a hearing (both informal and contested) shall expire 90 days after the date the complainant had actual knowledge of, or by the exercise of due care would have had knowledge of, the occurrence in dispute. (5) Within 30 days from receipt of a request for an informal hearing, the Director shall notify the person making the request of the action taken on the request which may be: (a) Designating an official to conduct an informal hearing; (b) Reversing or modifying the adverse decision; (c) Denying the request and reason(s) for denial. (6) If an official is designated to conduct an informal hearing, the person requesting the hearing shall be notified by mail of the name and title of the official designated and the time and place for the hearing. A time for the hearing must be scheduled within 60 days of the hearing request unless otherwise mutually agreed by the parties. (7) After conducting an informal hearing, the designated official shall prepare and submit to the Director for approval a written decision. Within 30 days after conducting an informal hearing, a decision approved by the Director shall be mailed to the person for whom the hearing was conducted. (8) A decision of the designated official, after approval by the Director, shall be final except when, as defined by ORS 183.310(2), a Contested Case exists. (9) When a Contested Case exists, and a contested case hearing is desired, it must be requested in writing and the request received by the Director within: (a) 20 days of the date of the mailing of the decision of the designated official if an informal hearing has been held; or (b) 20 days of service of the notice in a contested case under ORS 183.415. (10) Contested case hearings will be conducted in accordance with the provisions of ORS 183.413 to 183.470 and the Attorney General’s Model Rules of Procedure, OAR 137-003-0001 to 137-003-0092. Statutory/Other Authority: ORS 183, 406.030, 406.040, 408.360 & 408.380 Statutes/Other Implemented: ORS 183, 406.030, 408.360 & 406.040 History: DVA 5-1998, f. & cert. ef. 4-22-98
274-040-0030 Purpose and Objective (1) It is the expressed policy of the Department of Veterans’ Affairs (Department) to make the Oregon Veterans’ Home (OVH) financially available to current or potential OVH residents by means of the Department's Covered Care Program. (2) Within the fund established by the Department pursuant to ORS 406.050, an account is designated for donations to be used by the Department consistent with this Covered Care Program. Funds held within this account will be used by the Department exclusively for the purpose of assisting OVH residents whose income, Medicare benefits, Medicaid benefits, and any other assets, as determined by the Department, are insufficient to meet the financial requirements necessary for the cost of OVH care. Statutory/Other Authority: ORS 406.050, 408.360, 408.365 & 408.368 Statutes/Other Implemented: ORS 408.365 & 408.368 History: DVA 9-2006, f. & cert. ef. 7-27-06 DVA 5-2006, f. & cert. ef. 5-30-06 DVA 3-2006(Temp), f. & cert. ef. 3-31-06 thru 9-25-06 DVA 15-2003, f. & cert. ef. 12-31-03 DVA 14-2003(Temp), f. & cert. ef. 11-14-03 thru 2-14-04 DVA 12-2003(Temp), f. & cert. ef. 10-1-03 thru 2-17-04 DVA 9-2003(Temp), f. & cert. ef. 8-21-03 thru 2-17-04 Reverted to DVA 7-2002, f. & cert. ef. 9-24-02 DVA 10-2002(Temp), f. 12-27-02, cert. ef. 1-1-03 thru 6-27-03 DVA 7-2002, f. & cert. ef. 9-24-02 DVA 4-2002(Temp), f. & cert. ef. 4-5-02 thru 10-2-02
274-040-0031 Applications (1) Applications for assistance from the Covered Care Program account shall be made in such manner and detail, and on such forms, as the Department shall determine. (2) Applications generally will be prioritized 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 deemed reasonable. Statutory/Other Authority: ORS 406.050, 408.360, 408.365 & 408.368 Statutes/Other Implemented: ORS 408.365 & 408.368 History: DVA 9-2006, f. & cert. ef. 7-27-06
274-040-0032 Eligibility Factors When determining to whom Covered Care Program assistance will be made available, the Department may take into consideration various factors, including but not limited to: (1) The amount of funds in the Covered Care Program account available for this purpose; (2) The anticipated future deposits into the Covered Care Program account; (3) The amount of any present commitments from the Covered Care Program account; (4) All available sources of revenue or income to a particular resident, including but not limited to: (a) United States Department of Veterans Affairs (USDVA) payments; (b) Social Security benefits; (c) Other pensions; (d) Millennium Bill benefits; (e) Medicare benefits; (f) Medicaid benefits; (g) Annuities; (h) Savings; and (i) Investments. (5) The amount of funds available to a particular or potential resident from members of his/her family, or others who are willing to provide financial assistance and agree to be legally obligated to meet such financial obligations of the resident; (6) Whether or not the available Covered Care Program assistance will satisfy the entire gap in necessary funding for OVH care on behalf of the resident or potential resident; (7) Whether or not the intended beneficiary of the Covered Care Program assistance is a current OVH resident. Statutory/Other Authority: ORS 406.050, 408.360, 408.365 & 408.368 Statutes/Other Implemented: ORS 408.365 & 408.368 History: DVA 9-2006, f. & cert. ef. 7-27-06
274-040-0033 Refusing, Terminating or Suspending Funds (1) The payment of Covered Care Program assistance on behalf of any OVH resident is subject to the sole discretion of the Department. The Department may refuse, terminate, or suspend Covered Care Program assistance to any OVH resident at any time without notice. The Department shall be under no obligation to provide Covered Care Program assistance to any OVH resident or to solicit funds to meet the financial needs of the OVH resident, his/her family, or others. (2) When determining to terminate or suspend Covered Care Program assistance to any current recipient, the Department may take into consideration various factors, including by not limited to: (a) Any reported change in the financial status of the recipient or other OVH care payment provider; (b) Any misrepresentation or omission of material facts in the application for the Covered Care Program assistance or otherwise; (c) The behavior of the recipient while in the OVH; (d) The feasibility of appropriate care for the recipient at the OVH; (e) The availability of funds in the Covered Care Program account. (3) If all of the funding of an OVH resident, or potential resident, cannot be met with allowable assistance from the Covered Care Program, no amounts will be committed by the Department or paid from the Covered Care Program account. Statutory/Other Authority: ORS 406.050, 408.360, 408.365 & 408.368 Statutes/Other Implemented: ORS 408.365 & 408.368 History: DVA 9-2006, f. & cert. ef. 7-27-06
274-045-0005 Purpose and Objectives OAR 274, division 045, is established to administer and enforce ORS 407.075 through 407.595. These rules, together with the Post Vietnam Era Veterans' Home Loan Origination Guide/Mortgage Broker Loan Origination Guide, shall implement the Post Vietnam Era Veterans’ Home Loan Program. The program's objective is to provide funds to finance owner-occupied, residential housing for qualified veterans in the State of Oregon, thereby encouraging home ownership of residential housing by such veterans. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 291.021, 406.030, 407.115, 407.177, 407.179, 407.181 & 407.275 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0010 Eligibility Requirements Eligibility to apply for a loan under this division is subject to the eligibility criteria of Article X1-A of the Oregon Constitution. The acceptance of an application and granting of a loan is further subject to the provisions of ORS Chapter 407, OAR divisions 020, 025, 045, other applicable law, 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: OR Const. Art. XI-A, ORS 183, 406.030, 407.115 & 407.125 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01 DVA 1-2001, f. & cert. ef. 3-20-01
274-045-0015 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 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0020 Who May Apply for Loan (1) A loan shall be made only to an individual veteran. (2) Joint loans or loans to a cooperative shall not be valid. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0025 Evidence Required to Establish Eligibility The applicant shall submit to the Director the following evidence to establish eligibility: (1) Evidence of service and separation must be documented on DD Form 214, a DD Form 215 Correction to DD Form 214, or other evidence of service provided by the Department of Defense that is satisfactory to the Director. (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 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0030 Modification of Application An application may be modified such as to the amount of the loan requested, legal description, amount of security or plans and specifications, but the modification must be requested in writing by the veteran and shall be subject to the approval of the Director. Substitution of security is not allowed. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0035 Cancellation of Application (1) An applicant may cancel his or her application for a State veterans' loan at any time prior to receipt of the loan proceeds. (2) The Director may cancel any application if the applicant fails to comply with any of the conditions pertaining to the loan. (3) The Director may destroy any application 25 months after the veteran applicant is notified of action taken on an application (whether credit was approved or adverse action was taken). Statutory/Other Authority: ORS 183, 406.030, 407.115, 407.135, 407.145, 407.275, 407.305 & 407.375 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0040 Security for the Loan (1) The veteran shall own the home offered as security in fee simple at the time the loan is closed. (2) The State shall have the first lien on the security at the time of making the loan. (3) The security for the loan shall consist of real property and the mortgage or trust deed shall include all property to be acquired as a home. More than one parcel of real property may be included in the security. (4) All security must include a home that is completed and ready for occupancy. 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 6-2020, 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 DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0045 Legal Description of Property Offered as Security (1) Property offered as security must have an adequate legal description from which the boundaries of the property may be located. (2) The Director may require a survey to ascertain the boundary lines and location of all permanent improvements on the property. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0050 Appraisal of Property An appraisal shall be made to assist in establishing the loan value only after a complete application has been received. Statutory/Other Authority: ORS 406.030, 407.115 & 407.225(3) Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0070 Interest (1) The Director will prescribe interests rates for loans. In prescribing interest rates, the Director will consider the following factors: (a) The current value of funds; (b) The solvency of the Department's Loan Program; and (c) The rates' effect on veterans. (2) In prescribing interest rates, the Department also may consider factors including, but not limited to the following: (a) The projected value of funds; (b) Any federal tax law restrictions; (c) Actual or projected conventional mortgage rates; (d) The availability of funds; (e) Actual or projected loan demand; (f) The loan purpose; and (g) The source(s) of funds. (3) The Director periodically may change the prescribed rates of interest for loans to be funded by the Department to reflect reconsideration of, or changes in, factors considered under sections (1) and (2) of this rule, or in consideration of additional factors. (4) The Director may prescribe different rates of interest for different loans, depending upon factors including, but not limited to the following: (a) The time of an initial loan or commitment to fund a loan; (b) The initial rate of interest on a loan; (c) The type of loan; (d) The status of the borrower; (e) The status of the loan security; (f) The perceived risk associated with the loan; (g) Whether or not the Department agreed to maintain an interest rate commitment within a certain range or for a certain time; and (h) Whether or not the applicant abandoned a previous loan application or loan commitment. (5) The Department will endeavor to record prescribed interest rates as reasonably as it is practical for the Department to do so, in its Tables and Codes Manual. This publication will be available for viewing at the Oregon Department of Veterans' Affairs, 700 Summer Street NE, Salem, Oregon, as permitted by the Department, during regular business hours. 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 6-2020, 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 DVA 3-2005, f. & cert. ef. 4-22-05 DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0080 Approval of the Loan The approval of any loan shall be dependent upon the following: (1) The veteran applicant must meet the current industry standards determined by the Department to be applicable to the proposed loan. Applicable industry standards may include, but are not limited to: (a) Local lending practices; (b) FannieMae and other lending organization standards; and (c) Federal and state legal requirements. (2) The veteran applicant may be required to have equity in the property. (3) Secondary financing may be permitted. (4) Construction shall meet the minimum standards set by federal, state or local laws. (5) A performance bond may be required for new construction. (6) Inspections to prove the premises safe, sanitary and structurally sound may be required, and the loan may be refused if the construction is inferior. (7) The security shall be served by adequate means of legal and physical access and shall have an acceptable potable water supply. (8) The Director may approve a loan for the following purposes: (a) Acquisition of a home; (b) To refinance a construction, rehabilitation, or bridge loan within 24 months of the date of the loan; or (c) To refinance a loan serving as a form of temporary financing that is permitted under federal tax law and acceptable to the Director. 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 6-2020, 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 DVA 6-2005, f. & cert. ef. 10-24-05 DVA 5-2005, f. & cert. ef. 7-22-05 DVA 4-2005(Temp), f. & cert. ef. 6-3-05 thru 11-30-05 DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0085 Loan Funding (1) Funding by Oregon Department of Veterans’ Affairs (ODVA) of any loan is subject to the discretion of the Director of Veterans’ Affairs. In determining whether or not to fund any loan, the Director may consider factors, including, but not limited to the following: (a) Actual or projected cost of funds; (b) Any applicable federal tax or other law; (c) Availability and source of lendable funds; (d) Actual or projected conventional mortgage rates; (e) Actual or projected loan demand; (f) Loan purpose; (g) Eligibility of applicant; (h) Credit worthiness of applicant; (i) Adequacy of security for the loan. (2) The Director may from time to time establish priorities and other requirements with respect to the granting of loans under this Division. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0100 Evidence of Title The veteran shall furnish at his or her expense an ALTA Mortgagee's Title Insurance policy for the amount of the loan, a title company lien search, or a certificate of title. (1) The title policy, or other reports, shall show that the State has a first lien except in the case of: (a) Property taxes not payable; (b) A lien of a bonded irrigation or drainage district, in which case all due assessments must be paid; (c) A public improvement lien, bonded or being collected by the County Tax Collector in which case all due assessments must be paid; (d) A lien for Reclamation Service of the United States Government, in which case all due assessments must be paid; (e) An ALTA Mortgagee's Title Insurance policy insuring the State against loss from any prior encumbrance, but the encumbrance must be acceptable to the veteran mortgagor. (2) All water stock shall be endorsed to, and deposited with, the Director to be held by the State until its interest terminates. Statutory/Other Authority: ORS 406 Statutes/Other Implemented: ORS 407 History: DVA 2-2001, f. & cert. ef. 5-23-01
274-045-0110 Escrow Closing of Loans (1) All loans made by the Director of Veterans' Affairs (except for protection of security loans) shall be closed by persons or firms licensed to engage in the escrow business under the Oregon Escrow Laws (ORS 696.505 to 696.590), or an attorney at law rendering services in the performance of duties as attorney at law. (2) The borrower will select the escrow agent or attorney for closing the loan and the borrower shall pay all escrow fees. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 406 & 407 Statutes/Other Implemented: ORS 407 History: DVA 3-2007, f. & cert. ef. 9-25-07 DVA 2-2001, f. & cert. ef. 5-23-01