Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 130 - EMPLOYMENT PROGRAM REQUIREMENTS › Section 461-130-0327 - Good Cause

Current through Register Vol. 63, No. 7, July 1, 2024
In a Department program administered under OAR
				461-130-0305 to OAR
				461-130-0335 and OAR
				461-135-0085 and OAR
				461-135-0089:
(1) The Department does not require a
			 participant to provide verification of "good cause" if providing the
			 verification would expose the participant to increased risk of
domestic
			 violence
(see OAR
			 461-001-0000).
(2) If in making a determination under this
			 rule a participant's physical or mental impairment is in question, the
			 Department may require the participant to provide documentation from a
			 qualified and appropriate medical professional.
(3) A participant is granted "good cause" and
			 not held to a penalty for failure to comply with a work program requirement,
			 including an
activity
in a
case plan
(both
			 terms defined in OAR 461-001-0025) in the following
			 circumstances:
(a) Participation in a
			 required
activity
in a
case plan
would have
			 an adverse effect on or risk to the participant's physical or mental health or
			 would expose the participant to increased risk of
domestic
			 violence
(see OAR
			 461-001-0000).
(b) Except in the SNAP program, participation
			 is likely to cause undue hardship for the
dependent child
(see
			 OAR 461-001-0000) or the
			 participant.
(c) Appropriate child
			 care, or day care for an individual in the household who has a
disability
(see OAR
			 461-001-0000 and
			 461-001-0015 as applicable) that
			 substantially reduces or eliminates the individual's ability to care for
			 himself or herself, cannot be obtained. "Appropriate child care" means that -
(A) Both the provider and the place where
			 care is provided meet health, safety, and provider requirements as required in
			 OAR 414-175-0080;
(B) The care accommodates the parent's work
			 schedule; and
(C) The care meets
			 the specific needs of the
dependent child
, such as age and
			 special-needs requirements.
(d) Child care, or day care for an individual
			 in the
household group
(see OAR
			 461-110-0210) who has a
disability
(see OAR
			 461-001-0000) that substantially
			 reduces or eliminates the individual's ability to care for themselves, cannot
			 be obtained within a reasonable distance. "Reasonable distance" means that the
			 parent's total travel time from home to the child care provider and the
			 workplace or JOBS activity will be no more than one hour either way unless a
			 longer commute time is customary in the community.
(e) The only child care, or day care for an
			 individual in the
household group
who has a
disability
that substantially reduces or eliminates the
			 individual's ability to care for themselves, that is available to the
			 participant or in the participant's area is considered informal and unsuitable.
			 "Informal and unsuitable" means the Department has not approved a provider as
			 meeting its background check and health and safety standards ("informal"), and
			 the criteria for appropriate child care in subsection (c) of this section are
			 not met ("unsuitable").
(f)
			 Affordable child care arrangements, or day care for an individual in the
household group
who has a
disability
that
			 substantially reduces or eliminates the individual's ability to care for
			 themselves, cannot be obtained. "Affordable child care arrangements" means the
			 expense to the parent or parents is less than ten percent of
countable
(see OAR
			 461-001-0000) income of the
financial group
(see OAR
			 461-110-0530).
(g) The work attachment position or
			 employment offered is vacant due to a strike, lockout, or other labor
			 dispute.
(h) The work attachment
			 position or employment requires the participant to join a union, and the
			 participant has religious objections to unions.
(i) The participant belongs to a union and
			 the employment violates the conditions of the participant's membership in the
			 union.
(j) The wage for the
			 participant's current or potential job is:
(A)
			 Less than applicable minimum wage; or
(B) If minimum wage laws do not apply, the
			 wage (rate for piece work) is less than that normally paid for similar
			 work.
(k) The
			 participant's prospective employer engages in employment practices that are
			 illegally discriminatory on the basis of age, sex, race, religious or political
			 belief, marital status, disability, sexual orientation, or ethnic
			 origin.
(l) The participant's
			 engagement in a required
activity
in a
case
			 plan
would prevent or interfere with the participant's engagement in
			 an activity of the Confederated Tribes of Grand Ronde's NEW program.
(m) The participant's failure to engage is
			 due to a circumstance beyond the participant's reasonable control.
(n) When the failure to comply is caused by
			 an aspect of the participant's
disability
, including the
			 Department's failure to provide a reasonable accommodation.
(o) The participant quits a job to accept
			 another job with a monthly income at least equal to the monthly income of the
			 first job.
(p) The Department
			 determines there are no appropriate activities or necessary
support
			 services
(see OAR
			 461-001-0025) to support an
activity
(see OAR
			 461-001-0025) in order for the
			 participant to engage.
(q) In the
			 REF program:
(A) If the participant has no
			 means of transportation and would have to walk an unreasonable distance to
			 engage in their plan. An "unreasonable distance" is a distance that requires a
			 commute of more than two hours each day.
(B) If the hours or nature of the job
			 interferes with the participant's religious observances, convictions, or
			 beliefs.
(C) The service
			 requirement or work site is in violation of applicable federal, state, or local
			 health and safety standards.
(D)
			 The daily hours of work and the weekly hours of work exceed those customary to
			 the occupation.
(r) The
			 participant enrolls into a registered pre-apprenticeship program approved by
			 Bureau of Labor and Industries (BOLI).
(s) For a reason not found in subsections
			 (3)(a) through (3)(r) of this rule that the Department has determined is "good
			 cause."