justicedao/ipfs_state_laws huggingface dataset:
274-032-0110 Definitions for Division As used in OAR chapter 274, division 32, unless the context of the rule requires otherwise, the following definitions apply: (1) “Accredited” means an individual who is officially recognized and authorized by the United States Department of Veterans Affairs to assist in the preparation, presentation, and prosecution of a claim for USDVA benefits. (2) “Available Funds” means Pass-Through Funds remaining and available for distribution, after any distributions have been made to the Tribes or held in reserve by the Department. (3) “Biennium” means the Department’s two-year budget cycle that begins July 1 of odd-numbered years. (4) “Capital Assets” means tangible and intangible property as defined as “capital assets” in the State of Oregon Accounting Manual, Number 10.50.00 PR, as amended, that have initial estimated useful lives beyond a single year and have an initial cost of at least $5,000 and does not include items below $5,000. Examples of capital assets include land, land improvements, buildings and building improvements, motor vehicles, equipment and machinery, works of art and historical treasures, and infrastructure items such as state highways and airports. (5) “Capital Improvement” means an action that increases the useful life of a capital asset or adapts a capital asset to a new use. (6) “Department” means the Department of Veterans' Affairs as defined in ORS 406.005. (7) “Director” means the Director of Veterans' Affairs as defined in ORS 406.410. (8) “MOU” means a Memorandum of Understanding between the Department and a Tribe that describes the roles and responsibilities of each of the parties in accrediting and training a Tribal Veteran Service Officer and the processes used when filing USDVA benefit claims for veterans. (9) “Pass-Through Funds” means monies that have been allocated to the Department for distribution to the Tribes. (10) “Tribal Veteran Service Officer” means a part-time or full-time Tribal employee who formally represents veterans during the USDVA disability claims process, and who is accredited or in the process of becoming accredited. (11) “Tribal Veteran Service Office” means a Tribal office where a Tribal Veteran Service Officer provides veterans, spouses and dependents of veterans or survivors of veterans with information regarding benefit programs and assists veterans in applying for all federal and state veterans’ benefits. (12) “Tribe” means a federally recognized Indian tribe in Oregon. (13) “USDVA” means the United States Department of Veterans Affairs. (14) “Veteran” means a veteran as defined in ORS 408.225. (15) “Year One” means the first 12-month period of a Biennium. (16) “Year Two” means the second 12-month period of a Biennium. Statutory/Other Authority: ORS 406.005 Statutes/Other Implemented: Chapter 570, Oregon Laws 2019 (HB 5538) History: DVA 3-2020, adopt filed 03/26/2020, effective 03/27/2020 DVA 1-2019, temporary adopt filed 12/11/2019, effective 12/11/2019 through 06/07/2020
274-032-0120 Eligibility, Application for Funds, Use of Funds (1) Eligibility. A Tribe must have a current MOU with the Department and employ a Tribal Veteran Service Officer in order to apply for Pass-Through Funds. (2) Application for Pass-Through Funds. (a) A Tribe must apply to the Department for Pass-Through Funds on an agency-approved form that includes: information on the total budget for the Tribal Veteran Service Office; the proposed use of funds; and an agreement that the Tribe will comply with the rules in this division XX. (b) A Tribe must provide sufficient funding for the Tribal Veteran Service Office to ensure its Tribal Veteran Services Officer: (A) Works not less than 1,000 hours annually on providing veterans benefit claims services; and (B) Demonstrates the ability to assist veterans in filing and appealing benefit claims to the USDVA. (c) A Tribe may apply for funds for capital improvements. The Department will review the application and consult with the tribal applicant if the purpose of the proposed capital improvements do not appear meet the goal of expanding and enhancing access to services provided by Tribal Veteran Service Officers. (d) A Tribe must submit a separate application for each year in the biennium. (3) Use of funds. The purpose of the Pass-Through funds is to expand and enhance programs and services provided by the Tribal Veteran Service Officer. Statutory/Other Authority: ORS 406.005 Statutes/Other Implemented: Chapter 570, Oregon Laws 2019 (HB 5538) History: DVA 3-2020, adopt filed 03/26/2020, effective 03/27/2020 DVA 1-2019, temporary adopt filed 12/11/2019, effective 12/11/2019 through 06/07/2020
274-032-0130 Distribution of Pass-Through Funds (1) The Department will review the applications and qualifications of each Tribe that applied for Pass-Through Funds and, except for the reservation of some funds as provided in subsection (2) of this rule, distribute the funds equally to approved Tribes. (2) Year One Distributions. The Department will distribute no more than half the total Pass-Through Funds during Year One of the Biennium. The Department may reserve some of the Year One funds for distribution to Tribes who become eligible and apply for funds after the initial distribution during Year One. (3) Year Two Distributions. At the end of Year One, the Department may add any undistributed reserved funds to Available Funds for distribution during Year Two. (4) The Department will distribute funds to Tribes on a reimbursement basis outlined in OAR 274-032-0140. Statutory/Other Authority: ORS 406.005 Statutes/Other Implemented: Chapter 570, Oregon Laws 2019 (HB 5538) History: DVA 3-2020, adopt filed 03/26/2020, effective 03/27/2020 DVA 1-2019, temporary adopt filed 12/11/2019, effective 12/11/2019 through 06/07/2020
274-032-0140 Reimbursements, Quarterly Reports and Audits (1) A Tribe must submit quarterly reports and supporting documentation described in subsection (2) of this rule no later than the last working day of the month following the end of a fiscal quarter. (2) The Department will distribute funds to a Tribe on a quarterly reimbursement basis, in an amount not-to-exceed the Tribe’s total quarterly expenses, only after the Department has reviewed and approved both of the following reports and supporting documentation submitted by the Tribe: (a) Quarterly expense reports of the Tribal veteran services program; and (b) Quarterly Tribal Veteran Service officer activity reports. (3) The Department, Secretary of State Audits Division or any other lawfully authorized governmental entity may audit and examine the activities and expenditures of the Pass-Through Funds. Statutory/Other Authority: ORS 406.005 Statutes/Other Implemented: Chapter 570, Oregon Laws 2019 (HB 5538) History: DVA 3-2020, adopt filed 03/26/2020, effective 03/27/2020 DVA 1-2019, temporary adopt filed 12/11/2019, effective 12/11/2019 through 06/07/2020
274-035-0005 Grants, Donations and Gifts Accepted by ODVA The Director of Veterans’ Affairs may accept grants, donations, or gifts and deposit or disburse the proceeds from these as the Director deems appropriate for the benefit to Oregon’s veterans, spouses or dependents: (1) Any grants, donations, or gifts that are accepted by the Director and that are designated, shall only be used for the purpose specified, unless the limitations are released by the donor or law. (2) Any grants, donations, or gifts that are accepted by the Director, unless otherwise designated for a specific purpose, may be used for any purpose reasonably designated to benefit Oregon’s veterans, their widows and dependents. (3) Any undesignated property, real or personal, that is accepted by the Director in the form of a grant, donation, or gift may be sold and the proceeds may be used for any purpose reasonably designated, including the deposition to the Veteran Home Trust Fund. Any designated property, real or personal, that is accepted by the Director also may be sold and the proceeds used for the benefit of the specified purpose, unless the limitations are released by the donor or law. (4) Unless otherwise specified by the individual(s) or organization(s) making the grant(s), donation(s), or gift(s) accepted by the Director, the Director will determine which grant(s), donation(s), or gift(s) may be fully expended and those in which only the interest earnings may be disbursed. Statutory/Other Authority: ORS 406.050, 408.510 & 408.530 Statutes/Other Implemented: ORS 408.090 History: DVA 3-1994, f. & cert. ef. 5-25-94
274-036-0200 Veterans Educational Bridge Grant Program - Purpose (1) The 2019 Oregon State Legislature passed House Bill 2201 (Chapter 527, Oregon Laws 2019), establishing a Veteran Educational Bridge Grant Program (Grant Program) to provide financial assistance to veterans who are unable to complete a degree program within the expected completion period due to the timing of course offerings. (2) The 2023 Oregon State Legislature passed House Bill 2271 (Chapter 303, Oregon Laws 2023) which expands applicant eligibility for the Veteran Educational Bridge Grant Program. The maximum grant award remains at $5,000 lifetime but eligibility is expanded to include additional programs of study or training, veterans who do not have entitlement to U.S. Department of Veterans Affairs educational benefits, and veterans who have a debt on a student account preventing them from registering for future terms. Language was also updated to be inclusive of eligible non-academic programs including apprenticeships, on-the-job training (OJT), and career schools. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0210 Definitions These definitions apply to OAR 274-036-0200 through 274-036-0270 (1) "Applicant" means the person who applies to the Department for a grant under the Grant Program. (2) "Approved Program" means an academic program or training approved to receive G.I. Bill ® benefits under U.S. Code Title 38, Chapter 30, 32, or 33.; a career school licensed under ORS 345.010 to 345.450; an apprenticeship program that is registered with the State Apprenticeship and Training Council; or an On-The-Job training program offered by a public employer. (3) "Department" or "ODVA" means the Oregon Department of Veterans' Affairs. (4) "Grant Program" means the Veteran Educational Bridge Grant Program. (5) "Oregon based program" means an educational institution or training program that is both located and headquartered in Oregon. (6) "Resident" means a resident as defined in OAR 575-030-0005. (7) "Veteran" means a veteran as defined in ORS 408.225. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0220 Eligibility Requirements Eligible applicants must be: (1) A veteran; (2) An Oregon resident; (3) Enrolled as in an approved program which is also an Oregon based program; (4) Eligible to receive federal, state, or other financial assistance based on military service or financial need. (5) Unable to complete their academic or training program within the expected completion period due to the unavailability of one or more required courses or training hours; or. (6) Has debt on a student account that does not exceed $5,000 and prevents enrollment in future terms. (7) Otherwise making satisfactory academic or training progress in an approved program. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0230 Application (1) The Department will develop an application form. (2) The following documentation shall be submitted by the applicant with the application: (a) Evidence of service and separation must be documented on a certificate of discharge, DD Form 214, a DD214 with correction form DD215, or other evidence of service provided by the Department of Defense, Department of Homeland Security, National Archives, or U.S. Department of Veterans Affairs that is satisfactory to the Department (b) Proof of current Oregon residence. (c) If currently enrolled in an academic or training program, proof of enrollment in an Oregon based academic or training program, and proof that the program meets the criteria for an approved program. (d) Proof of veteran eligibility to receive G.I. Bill ® benefits or other financial assistance based on military service or financial need including (but not limited to) Veteran Readiness and Employment (VRE), Oregon Opportunity Grant, PELL Grant, or Oregon Promise. (e) An academic plan, training plan, or training agreement created and executed by an academic advisor, or training supervisor and the applicant. (f) The Department may, in addition to the information and evidence specified in the application, instructions, or rules and regulations, require such additional information and evidence as the Department deems necessary to establish the applicant’s eligibility. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0240 Criteria for Determination of Bridge Grant Award ( 1) Applications generally will be prioritized by the Department for consideration based on the date of receipt of the completed application and documented financial need of the veteran. The Department may consider applications in such other order and at such other times as it deems appropriate. (2) When determining to whom and in what amount Grant 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 Grant Program account; (b) The anticipated future deposits into the Grant Program account; (c) The number of present commitments from the Grant Program account; (d) The anticipated future commitments from the Grant Program account; (e) The eligibility of the applicant. (3) The payment of the grant is subject to the discretion of the Department in consideration of the factors described above in Paragraph (2), together with any other factors, as deemed relevant by the Department. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0250 Grant Amount (1) Veteran Educational Bridge Grant total disbursement amounts will not exceed $5,000 per veteran, per lifetime. (2) Grant award amounts will be dependent upon financial need as documented by the veteran in the application provided by the Department. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0260 Procedures for the Disbursement of Grant Funds (1) The Department will review applications as they are received and determine which eligible applicants will receive Grant awards based upon stated need and availability of Grant funds. (2) The Applicant will provide all necessary information to the Department for the Grant award to be processed in the State’s accounting system. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-036-0270 Waiver of Rules Subject to the limitations of the law, and at its sole discretion, the Director of the Department of Veterans’ Affairs may waive all or part of these administrative rules. Statutory/Other Authority: ORS 406.005(4), Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) Statutes/Other Implemented: Ch. 527, OL 2019 (HB 2201) & Ch. 303, OL 2023 (HB 2271) History: DVA 2-2023, amend filed 12/29/2023, effective 01/01/2024 DVA 11-2020, adopt filed 11/23/2020, effective 11/24/2020
274-037-0400 CAMPUS VETERAN RESOURCE CENTER GRANT PROGRAM Definitions As used in OAR chapter 274, division 37, unless the context of the rule requires otherwise, the following definitions apply: (1) “Applicant” means an Oregon Community College (ORS 341.005) or Public University (ORS 352.002) that has submitted a proposal to the Department. (2) “Asset” means non-capital assets tangible or intangible property used in organization operations having a useful life beyond a single year and an initial cost (inclusive of ancillary charges) of less than $5,000. (Oregon Accounting Manual (OAM) 65.00.00 Glossary). Public stewardship, risk, and internal control concerns should govern the agency’s decision on how these assets are managed and tracked. OAM 10.50.00.PR.102 (3) “Award Letter” means an initial notification of award to a successful applicant, indicating the award amount, grant period and that a grant agreement will be prepared with all details as indicated in ORS 406.530 (7)(b). (4) “Capital Assets” means tangible and intangible property as defined as “capital assets” in the State of Oregon Accounting Manual, Number 10.50.00, as amended, that have initial estimated useful lives beyond a single year and have an initial cost of at least $5,000 and does not include items below $5,000. Examples of capital assets include land, land improvements, buildings and building improvements, motor vehicles, equipment and machinery, works of art and historical treasures, and infrastructure items such as state highways and airports. (5) “Capital Improvement” means an action that increases the useful life of a capital asset or adapts a capital asset to a new use. (6) “Department” OR “ODVA” means the Oregon Department of Veterans' Affairs. (7) “Evaluation Committee” means a committee selected by the Department to evaluate and score eligible grant proposals. (8) “Grant Agreement” means a legally binding agreement between the Department and the recipient that contains the terms and conditions under which the Department is providing grant funds under ORS 406.530 (7)(b) and the Request for Grant Proposals (RFGP). (9) “Grant Program” means the Campus Veteran Resource Center (CVRC) Grant Program. (10) “Policy” means specific guidelines used by the Department in the decision-making process. (11) “Proposal” means a grant application submitted to the Department in response to the Request for Grant Proposal (RFGP). (12) “Recipient” means an applicant that was selected as a recipient of grand funds by the Department and that enters into a grant agreement with the Department to receive funds from the grant program. (13) “Veteran” has the meaning given in ORS 408.225. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0410 Eligibility Requirements Applicant must meet all eligibility requirements as set forth in ORS 406.530 (4) Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0420 Use of Grant Funds Grant funds may be used subject to all allowances and restrictions set forth in ORS 406.530(3) and other expenses such as capital improvement and capital assets, as provided for in policy and guidance by the Department. Statutory/Other Authority: SB 35 (chapter 731 Oregon Laws 2019) & ORS 406.005(4) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0430 Grant Proposal Requirements (1) The Department shall announce deadlines and RFGP requirements for grant program funding. The Department shall not consider RFGPs submitted after the deadline set by the Department. (2) Applicants interested in receiving funds under the grant program must submit a proposal to the Department in a format prescribed by the Department that includes: (a) measurable goals and outcomes; (b) the estimated completion date for each goal’s objective.; (c) a detailed budget of projected funding needs. (d) demonstrated capacity to complete the proposal by the specified date in the RFGP. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0440 Maximum Amounts, Matching Requirements and Funding Criteria (1) Applicants may not apply for grant amounts above $100,000, the maximum amount allowed for this grant program. (2) ODVA may award a grant amount in part or in full of the proposal budget. (3) If the proposal includes funds for a coordinator’s salary, the applicant shall identify matching sources and amounts in accordance with ORS 406.530(3)(c). (4) ODVA may be ask the applicant to identify matching sources and amounts for other proposal goals. (5) Grants funds must be used exclusively for purposes listed in ORS 406.530 (3)(a) and (b) or as indicated in the RFGP. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0450 Evaluation Committee, Grant Review and Scoring Process (1) The department will select an evaluation committee(s). (2) Each applicant’s proposal shall be reviewed and scored by members of an evaluation committee. (3) The evaluation committee will score each proposal based on the rubric designed by the Department. The rubric shall be provided with the grant application and policy. (4) Grant funds may be awarded to the highest ranked proposals, in priority order until all funds are exhausted. (5) The evaluation committee may rank proposals based on which proposals: (a) Are best designed to help veterans successfully transition from military service to college life, succeed in college, complete educational goals and transition from college to the workforce and the community; or (b) Concentrate funds and resources in those areas of the state with the greatest need for veteran assistance programs. (6) In addition to scored results of all proposals, the evaluation committee may consider the total amount of available grant funds and the total dollar amount requested in all grant proposals, when making the determination about a grant award amount. (7) The Director of ODVA will review the recommendations and has final approval of awards. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020