reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0018 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. Sections (2) to (5) of this rule
			 set forth the contested case hearing process a subject individual must use to
			 appeal a completed fitness determination made under OAR 274-006-0010  that the
			 individual is not fit to hold a position with, or provide services to the
			 Department as an employee, volunteer, contractor, or vendor. Section (6) of
			 this rule identifies an alternative appeal process available only to current
			 Department employees.
(2) Appeal
			 process.
(a) To request a contested case
			 hearing, the subject individual or the subject individual's legal
			 representative must submit a written request for a contested case hearing to
			 the address specified in the notice provided under OAR 274-006-0014. To be
			 timely, the request must be received by the Department at the specified address
			 within 14 calendar days of the date stated on the notice. The Department shall
			 address a request received after expiration of the deadline as provided under
			 OAR 137-003-0528.
(b) When a timely
			 request is received by the Department under subsection (a), a contested case
			 hearing shall be conducted by an administrative law judge assigned by the
			 Office of Administrative Hearings, pursuant to the Attorney General's Uniform
			 and Model Rules, "Procedural Rules, Office of Administrative Hearings" OAR
			 137-003-0501  to 137-003-0700, as supplemented by the provisions of this
			 rule.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 6 - CRIMINAL RECORDS CHECKS › Section 274-006-0020 - Recordkeeping Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Any information obtained in the criminal records check is
				confidential. The Department must restrict the dissemination of information
				obtained in the criminal records check. Only those persons, as identified by
				the Department, with a demonstrated and legitimate need to know the
				information, may have access to criminal records check
				records.
Stat. Auth.: ORS
				  181.534,
				  406.030 & 2009 SB 94
Stats. Implemented: ORS
				  181.534,
				  406.030 & 2009 SB
				  94
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 7 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 274-007-0001 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Confidentiality and Inadmissibility of Mediation
				Communications.
(1) The words and
			 phrases used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(2) Nothing in this rule affects any
			 confidentiality created by other law. Nothing in this rule relieves a public
			 body from complying with the Public Meetings Law, ORS
			 192.610 to
			 192.690. Whether or not they are
			 confidential under this or other rules of the agency, mediation communications
			 are exempt from disclosure under the Public Records Law to the extent provided
			 in 192.410 to
			 192.505.
(3) This rule applies only to mediations in
			 which the agency is a party or is mediating a dispute as to which the agency
			 has regulatory authority. This rule does not apply when the agency is acting as
			 the "mediator" in a matter in which the agency also is a party as defined in
			 ORS 36.234.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Mediations Excluded.
			 Sections (6)-(10) of this rule do not apply to:
(a) Mediation of workplace interpersonal
			 disputes involving the interpersonal relationships between this agency's
			 employees, officials or employees and officials, unless a formal grievance
			 under a labor contract, a tort claim notice or a lawsuit has been filed;
			 or
(b) Mediation in which the
			 person acting as the mediator will also act as the hearings officer in a
			 contested case involving some or all of the same matters;
(c) Mediation in which the only parties are
			 public bodies;
(d) Mediation
			 involving two or more public bodies and a private party if the laws, rule or
			 policies governing mediation confidentiality for at least one of the public
			 bodies provide that mediation communications in the mediation are not
			 confidential; or
(e) Mediation
			 involving 15 or more parties if the agency has designated that another
			 mediation confidentiality rule adopted by the agency may apply to that
			 mediation.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 7 - CONFIDENTIALITY AND INADMISSIBILITY OF MEDIATION COMMUNICATIONS › Section 274-007-0002 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 This rule applies to workplace interpersonal disputes, which are disputes
			 involving the interpersonal relationships between this agency's employees,
			 officials or employees and officials. This rule does not apply to disputes
			 involving the negotiation of labor contracts or matters about which a formal
			 grievance under a labor contract, a tort claim notice or a lawsuit has been
			 filed.
(2) The words and phrases
			 used in this rule have the same meaning as given to them in ORS
			 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in ORS
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0100 - Definitions for 274-010-0100 to 274-010-0175

Current through Register Vol. 63, No. 7, July 1, 2024
As used in these regulations or any amendments to them, or in
				any blank form, document, publication, or written instrument of any kind
				prescribed, provided, published, issued, or used by the Director or any of his
				duly authorized agents or employees in connection with the administration of
				the provisions of ORS
				408.010 to
				408.110, unless otherwise
				required by context:
(1) "Active
			 Duty" or "Active Service" means that status in the Armed Forces in which the
			 person on "active duty" is under the command of military or naval authorities,
			 subject to military or naval discipline and on active duty pay status in the
			 respective arm or branch of the Armed Forces in which the person is serving.
(a) Members of the reserve components of the
			 Armed Forces, persons on a retired status in the military or naval forces of
			 the United States, Cadets at West Point, Air Force Academy, and United States
			 Coast Guard Academy and Midshipmen at the Naval Academy were on active duty
			 only after reporting for active duty;
(b) Members of the National Guard were on
			 active duty only after having been activated under Title 10 of the United
			 States Code of Federal Regulations;
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0105 - Who May Apply for Educational Aid

Current through Register Vol. 63, No. 7, July 1, 2024
Any person who qualifies as a beneficiary under the provisions
				of ORS 408.010 is eligible to apply for
				educational aid.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 - ORS
				  408.030
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0115 - Evidence Required to Establish Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Eligibility Form 1004-M shall be submitted to the Department of
				Veterans' Affairs accompanied by:
(1)
			 Certified copy of evidence of separation.
(2) Proof of current Oregon
			 residence.
(3) Proof of change in
			 name:
(a) Where veteran's name has been
			 legally changed since discharge, a certified copy of the Court Order, marriage
			 certificate, or divorce decree will be furnished to the Department of Veterans'
			 Affairs;
(b) Where veteran's name
			 has been changed, but not legally, an affidavit from the veteran and affidavits
			 from at least two disinterested persons will be required to show such
			 change.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0120 - Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 applications for educational aid shall be made upon Form ED-1 (Application
			 Form), and shall be filed with the head of the training institution
			 involved.
(2) Upon approval of
			 training, the head of the institution shall forward the application to the
			 Department of Veterans' Affairs.
(3) When an application is made for benefits
			 to attend a course which may be considered an avocation or recreational in
			 nature, or for a single subject course which is not directly related to the
			 student's educational objective, the applicant shall include with the usual
			 application a statement indicating how the desired courses will better prepare
			 him to engage in a more gainful occupation.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 -
				  408.040
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0125 - Evidence Required for Out-Of-State Attendance

Current through Register Vol. 63, No. 7, July 1, 2024
Where the applicant requests educational aid for out-of-state
				attendance, the following information, in addition to that required by OAR
				274-010-0120, shall accompany the usual application, in order to satisfactorily
				show the necessity for this attendance:
(1) A detailed statement of the required
			 academic course, which shall include a resume of the student's educational
			 background and experience as well as any additional information about the
			 qualifications of the out-of-state school to provide the required
			 training.
(2) When possible, the
			 application should be accompanied by a statement from the Oregon institution
			 where the applicant had previously attended or that would be most likely to
			 offer the required training, certifying that the particular training required
			 is not presently available.
(3) A
			 statement from the out-of-state school confirming the enrollment of the
			 applicant in the particular course as outlined.
(4) Evidence through school catalog or
			 official certification, that the out-of-state school is fully accredited within
			 its state to offer the required course.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 - ORS
				  408.070
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0130 - Time for Filing Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Applications shall be submitted promptly
			 following registration, or prior thereto for the courses or training for which
			 aid is requested.
(2) Payments may
			 be retroactive to the beginning of the school term only if the applicant
			 provides justifiable reasons for the delay in making application. Being unaware
			 of the educational aid program will not in itself be sufficient grounds for
			 considering retroactive payments.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 - ORS
				  408.070
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0135 - Additional Information and Evidence

Current through Register Vol. 63, No. 7, July 1, 2024
The Department of Veterans' Affairs may, in addition to the
				information and evidence specified in the application, instructions, or rules
				and regulations, require such additional information and evidence as he deems
				necessary to establish the applicant's eligibility.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 -
				  408.070
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0145 - Computation of Payments

Current through Register Vol. 63, No. 7, July 1, 2024
The following factors shall be used in computing the amount
				payable to the beneficiary:
(1) Length
			 of service shall be computed in full months.
(2) For each month of active military
			 service, not exceeding 36 months, claimant shall be entitled to receive:
(a) Up to $150 per month for each month of
			 full-time study or professional training;
(b) Up to $100 per month for each month of
			 part-time study or professional training.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0155 - Approval to Receive Benefits

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Veterans' Affairs shall
			 determine the applicant's eligibility to receive benefits.
(2) The Department of Veterans' Affairs shall
			 then determine:
(a) That the institution of
			 learning is accredited and qualified to provide the training;
(b) That the tuition and other charges are
			 reasonable;
(c) That the
			 beneficiary has qualifications to pursue the course of training;
(d) That the course of training, is
			 satisfactorily completed, is likely to enable the beneficiary to become a more
			 useful citizen.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0160 - Reports by Executive Head of Educational Institution

Current through Register Vol. 63, No. 7, July 1, 2024
On or before the tenth day of each calendar month, the
				executive head of each institution of learning shall submit certified copies of
				Form 1006-M (Statement of Educational Aid), containing the following
				information.
(1) Name of each
			 beneficiary;
(2) Amount of
			 training; and
(3)
			 Progress.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.050
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0165 - Lost, Stolen, or Destroyed Warrant

Current through Register Vol. 63, No. 7, July 1, 2024
If educational aid warrant is lost, stolen, or destroyed before
				negotiation, beneficiary may obtain payment of by furnishing to the State
				Treasurer evidence that value has not been received and an acceptable indemnity
				bond.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.060
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0170 - Addition, Amendment, or Repeal of Rules or Regulations

Current through Register Vol. 63, No. 7, July 1, 2024
These rules and regulations shall have the effect of law and
				shall be binding in all instances on persons making application for educational
				aid, under ORS 408.010 to
				408.090, but if any part of
				these regulations are found to be void or illegal, such illegality shall not
				affect the remaining provisions of the rules and regulations.
Stat. Auth.: ORS 408
Stats. Implemented: ORS
				  408.010 -
				  408.090
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 10 - EDUCATIONAL AID › Section 274-010-0175 - Procedure for Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Any
			 interested person may petition the director requesting the promulgation,
			 amendment, or repeal of any rule.
(a) Petition
			 shall be in writing and shall set forth the requested change in
			 detail;
(b) Director shall set time
			 for hearing and shall notify petitioner of same;
(c) Petitioner may present any evidence he
			 deems necessary in support of his request; and
(d) The final determination shall be made by
			 the director.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0001 - Definitions for OAR 274-012-0001 through 274-012-0130

Current through Register Vol. 63, No. 7, July 1, 2024
As used in Sections 0001 through 0131 of division 012, unless
				otherwise required by context:
(1)
			 "Department" or "ODVA" means the State of Oregon Department of Veterans'
			 Affairs.
(2) "Program" or "OVEFAP"
			 means the Oregon Veterans' Emergency Financial Assistance Program as
			 established in ORS 408.500.
(3) "Under Honorable Conditions" means that
			 the official documents of discharge, service, or separation issued upon the
			 termination of the veteran's active duty service with the Armed Forces are
			 characterized by the relevant branch of the Armed Forces as one of the
			 following:
(a) "Honorable"; or
(b) "General" also known as "General Under
			 Honorable Conditions".
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0100 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0105 - Evidence Required to Establish Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0110 - Applications

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010 &
				  408.500
Stats. Implemented: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010&
				  408.500
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0115 - Evidence of Need

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010 &
				  408.500
Stats. Implemented: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010&
				  408.500
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0120 - Criteria for Determination of Emergency Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0125 - Misrepresentation of Emergency Financial Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
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).
Stat. Auth.: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010 &
				  408.500
Stats. Implemented: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010&
				  408.500
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0130 - Review of Decisions

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: Ch. 831, OL 2005, ORS
				  406.030,
				  406.050,
				  406.130&
				  408.010
Stats. Implemented: Ch. 831, OL 2005, ORS
				  406.030,
				  406.050,
				  406.130 &
				  408.010
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 12 - OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM › Section 274-012-0131 - Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010 &
				  408.500
Stats. Implemented: ORS
				  406.030,
				  406.050,
				  406.130,
				  408.010&
				  408.500
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0000 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: 2008 OL Ch. 18 & ORS
				  406.005
Stats. Implemented: 2008 OL Ch.
				  18
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0020 - Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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 Deploy ment 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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0030 - Application Procedure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department may, from time to time, identify forms to be completed by Applicants
			 and require such additional information or performance with respect to any
			 application as it deems appropriate.
(a) The
			 Department may require an Applicant to pay an application fee of not more than
			 $250 to recompense the Department for its reasonable expenses in processing the
			 application.
(b) The Department may
			 require an Applicant to enroll in and successfully complete a business
			 management program.
(c) The
			 Department may require an Applicant to complete a business plan, including
			 identification of the Applicant's proposed use of the requested Program Loan
			 and demonstration of the ability to repay the Program loan.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0050 - Loan Documents

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: 2008 OL Ch. 18 & ORS
				  406.005
Stats. Implemented: 2008 OL Ch.
				  18
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0060 - Administrative Review

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: 2008 OL Ch. 18 & ORS
				  406.005
Stats. Implemented: 2008 OL Ch.
				  18
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 13 - VETERANS' SMALL BUSINESS REPAIR LOAN PROGRAM › Section 274-013-0070 - Waiver of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: 2008 OL Ch. 18 & ORS
				  406.005
Stats. Implemented: 2008 OL Ch.
				  18
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 15 - CONSERVATORSHIP SERVICES › Section 274-015-0010 - Conservatorship Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 15 - CONSERVATORSHIP SERVICES › Section 274-015-0020 - Representative Payee

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0200 - Definitions for OAR 274-020-0200-274-020-0450

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR 274-020-0200  to 274-020-0450:
(1) "Acquisition" means the purchase of a
			 home or farm.
(2) "Department"
			 means the Oregon Department of Veterans' Affairs established under ORS
			 406.005.
(3) "Director" means the Director of the
			 Oregon Department of Veterans' Affairs.
(4) "Farm" means a home, as defined in this
			 rule, and a parcel of land being used to obtain a profit in money by utilizing
			 accepted farming practices to raise crops or livestock or poultry or dairying
			 or combinations thereof.
(5) "Home"
			 means a residential structure, including a manufactured home or a condominium
			 unit, which is established, maintained and used primarily as a principal
			 residence by a veteran, and includes real property connected to a residential
			 structure, including any long-term leasehold and any outbuildings.
(6) "Lease" means the giving of possession
			 and use of profits of secured property for a period of time in return for
			 compensation.
(7) "Lease Option"
			 means a lease of real property with an option to purchase the property within a
			 stipulated period of time.
(8)
			 "Loan to Value Ratio" is the loan amount or balance divided by the net
			 appraised value.
(9) "Manufactured
			 home" means a structure that is:
(a) At least
			 20 feet in width;
(b) Constructed
			 for movement on the public highways and that has sleeping, cooking and plumbing
			 facilities;
(c) Intended for human
			 occupancy;
(d) Being used for
			 residential purposes;
(e)
			 Classified and taxed as real property in the county where the structure is
			 located; and
(f) Constructed in
			 accordance with the Oregon Manufactured Dwelling Installation Specialty Code
			 adopted under ORS
			 446.155 or the Model Manufactured Home Installation Standards established by the
			 Department of Housing and Urban Development.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0241 - Authority to Protect the Security

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.115, ORS
				  407.131, ORS
				  407.135 & ORS
				  407.145
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0260 - Who May Apply for Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  406.030, ORS
				  407.115, ORS
				  407.125
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0265 - Evidence Required to Establish Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0266 - Eligibility to Apply

Current through Register Vol. 63, No. 7, July 1, 2024
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: The publication(s) referenced in this rule is
				  available from the agency.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0270 - Forms and Signature

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Stat. Auth.: ORS 406 & ORS 407
Stats. Implemented: ORS
				  406.030, ORS
				  407.075, ORS
				  407.115 & ORS
				  407.125
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0280 - Number of Applications Permitted

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0285 - Additional Loans

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.205 & ORS
				  407.265
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0290 - Second Loans

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.205 & ORS
				  407.265
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0295 - Modification of Application

Current through Register Vol. 63, No. 7, July 1, 2024
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.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.205, ORS
				  407.225 & ORS
				  407.265
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0300 - Cancellation of Application

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 An applicant may cancel his 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).
Stat. Auth.: ORS 183, ORS
				  406.030, ORS
				  407.115, ORS
				  407.135, ORS
				  407.145, ORS
				  407.275, ORS
				  407.305 & ORS
				  407.375
Stats. Implemented: ORS
				  406.030, ORS
				  407.115, ORS
				  407.265 & ORS
				  407.385
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0305 - Filing Period

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant may file to secure a veterans' loan at any time
				after separation from the service, even though he has re-enlisted and is not
				separated at the time of application.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.115, ORS
				  407.125 & ORS
				  407.205
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0310 - Evidence of Acquisition

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant shall be required to furnish any of the following
				items applicable:
(1) A copy of the
			 earnest money receipt or sales agreement, signed by all the parties if
			 acquisition is by purchase.
(2) A
			 copy of the contract of sale signed by all parties.
(3) A copy of the mortgage showing the
			 recording data.
(4) Evidence of
			 debt from F.H.A. Title 1 loan.
(5)
			 Evidence of personal obligation incurred in acquiring the home.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.115, ORS
				  407.155 & ORS
				  407.205
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0315 - Evidence of Construction

Current through Register Vol. 63, No. 7, July 1, 2024
An applicant shall submit complete plans, specifications, and
				cost estimates in applications for construction or
				improvements.
Stat. Auth.: ORS 406
Stats. Implemented: ORS
				  407.115, ORS
				  407.225 & ORS
				  407.265
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0322 - Requirements for Farm Applicants

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Must complete the Department's farm
			 income, experience, and expense form.
(2) Must have capital or an equivalent line
			 of credit to cover development costs and one year's operating cost.
(3) Must show, to the satisfaction of the
			 Director, that the farm portion of the loan security is capable of producing an
			 annual income that will repay the loan allocated to the farm land and farm
			 buildings.
Stat. Auth.: ORS 406 & ORS 407
Stats. Implemented: ORS
				  407.205, ORS
				  407.265 & ORS
				  407.385
Oregon Administrative Rules › Chapter 274 - DEPARTMENT OF VETERANS' AFFAIRS › Division 20 - VETERANS' LOANS › Section 274-020-0325 - Security for the Loan

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 home or farm offered as security shall be owned in fee simple by the veteran at
			 the time the loan is closed.
(2)
			 The state shall have the first lien at the time of making the loan.
(3) The security for the loan shall consist
			 of real or personal property and the mortgage or trust deed shall include all
			 property to be acquired as a home. The Director may allow more than one parcel
			 of real property to be included in the security.
(4) All security for the loan must include a
			 home that is completed and ready for occupancy at the time the loan is
			 closed.
Statutory/Other Authority: ORS
				  406.005  & 407.115
Statutes/Other Implemented: ORS
				  407.075  to 407.385; Oregon Constitution Article XI-A, Section 3