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Oregon Bulletin

August 1, 2013

Department of Veterans’ Affairs, Chapter 274

Rule Caption: Relating to the definition of “Under Honorable Conditions” and “Honorably Discharged”

Adm. Order No.: DVA 2-2013

Filed with Sec. of State: 7-8-2013

Certified to be Effective: 7-8-13

Notice Publication Date: 6-1-2013

Rules Amended: 274-010-0100, 274-012-0001, 274-020-0200, 274-045-0001

Subject: The 77th Oregon Legislative Assembly - 2013 Regular Session passed House Bill 2633 which added the definition of “Honorable Conditions” to ORS 408.225. HB 2633 also amended ORS 407.090 to have the Department of Veterans’ Affairs adopt the meaning of “Honorable Conditions” into rule. For clarification and consistency, the term “Honorably Discharged” has the same meaning as “Honorable Conditions.”

Rules Coordinator: Nicole Hoeft—(503) 373-2386

274-010-0100

Definitions for 274-010-0100 to 274-010-0175

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;

(2) “Armed Forces” means and includes:

(a) Army;

(b) Navy;

(c) Marines;

(d) Air Force;

(e) Coast Guard;

(f) Coast and Geodetic Survey (while serving with Army or Navy);

(g) Commissioned Officers of Public Health Service while serving with Army, Navy, Marine Corps, or Coast Guard.

(3) “Beneficiary” means any person eligible for educational aid as defined in ORS 408.010.

(4) “Veteran” means any person who served on active duty with the Armed Forces of the United States as defined in ORS 408.225.

(5) “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 as one of the following:

(a) “Honorable”; or

(b) “General” also known as “General Under Honorable Conditions”.

(6) “Alien” means any person who is not a citizen of the United States.

(7) “Alien Enemy” means any person who is a citizen of any nation, country, or state, or ally thereof, with which the United States is at war.

(8) “Conscientious Objector” means any person who during his period of service refused on conscientious, political, or other grounds to subject himself to full military discipline and unqualified service.

(9) “Combat Zone” means any area designated by the President of the United States by executive order in which the Armed Forces of the United States or any subdivision thereof are or have engaged in combat.

(10) “Other Like Training Program” means college training while in service, which compares with the civilian professional training for which college credit was, or could be, obtained to apply toward graduation from an approved institution of higher learning.

(11) “Domicile” or “Residence” means that place which a person intends as their fixed place of abode or habitation; which they consider to be their permanent home; and to which, whenever away, they always intend to return:

(a) Temporary absence from the state does not destroy domicile;

(b) Temporary presence in the state without an intention to establish a permanent home does not support a contention of being domiciled within the state.

(12) “Accredited Institution” means any institution where training is offered that has been certified as meeting the minimum requirements prescribed by the accrediting agency having jurisdiction over standards of uniformity and accreditation (the State Department of Education).

(13) “Approved Course of Study or Vocational Training” means any course of training outlined in the material submitted to and approved by the State Department of Education.

(14) “Full Time College Course” means that the particular course has met the following standards:

(a) “Full time” — As defined by the approved institution where the course is being pursued;

(b) “College” — An institution fully accredited by the appropriate accrediting agency, as recognized by the State Approving Agency (the State Department of Education).

(15) “Current Term” means:

(a) Fall, winter, spring, or summer term in those institutions operating on a term or quarter basis;

(b) First or second semester or summer session in those institutions operating on a semester or half year basis; or

(c) Not later than six weeks following enrollment in a training institution where training is a continuous program, not divided into terms or semesters.

(16) “Executive Head of the Institution” means:

(a) The President of the University or College;

(b) The Principal of the School;

(c) The Director of the Training establishment; or

(d) The person or persons to whom the executive head of the institution has delegated authority to act in his stead.

Stat. Auth.: ORS 408, 2013 HB 2633

Stats. Implemented: ORS 408.010–408.090, 2013 HB 2633

Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 32, f. 12-2-65, ef. 12-25-65; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93; DVA 1-2006, f. & cert. ef. 1-27-06; DVA 3-2007, f. & cert .ef. 9-25-07; DVA 2-2013, f. & cert. ef. 7-8-13

274-012-0001

Definitions for OAR 274-012-0001 through 274-012-0131

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”.

(4) “Veteran” means a veteran as defined in ORS 408.500.

(5) “Immediate family” means a spouse, child or stepchild.

Stat. Auth.: ORS 406.030, 406.050, 406.130, 408.010, 408.225, 408.500, 2013 HB 2633

Stats. Implemented: 2013 HB 2633

Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06; DVA 1-2008(Temp), f. & cert. ef. 1-7-08 thru 6-30-08; DVA 3-2008, f. & cert. ef. 2-22-08; DVA 2-2013, f. & cert. ef. 7-8-13

274-020-0200

Definitions for OAR 274-020-0200 to 274-020-0450

As used in these regulations or any amendments to them, or 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 Article XI A of the Oregon Constitution and ORS Chapter 407, providing for the loaning of money to qualified persons who served in the Armed Forces of the United States, unless otherwise required by context:

(1) “Armed Forces” means and includes:

(a) Army;

(b) Navy;

(c) Marines;

(d) Air Force;

(e) Coast Guard;

(f) WAC (Since July 1, 1943);

(g) Waves;

(h) Women Marines;

(i) WAFS;

(j) Spars;

(k) Women’s Air Force Service Pilots (WASP);

(l) Commissioned Officers of the Public Health Service. Service with Coast Guard between December 23, 1941, and November 10, 1943, inclusive. Service with the Army, Navy, Marine Corps, or Coast Guard between November 11, 1943, and July 28, 1945, inclusive. Eligible by executive order between July 29, 1945, and July 3, 1952, inclusive. Since July 3, 1952, when serving with the Armed Forces;

(m) Active service of commissioned officers of the National Oceanic and Atmospheric Administration or its predecessor organization, the Coast and Geodetic Survey, after July 29, 1945. Coast and Geodetic Survey officers while serving with the Army or Navy before July 29, 1945.

(2) “Active Duty” means that status in the Armed Forces in which the person on “active duty” is under the command of and subject to discipline and on active duty pay status in the respective branch of the Armed Forces in which the person is serving:

(a) Members of the reserve components; persons on a retired status from the Armed Forces; cadets at West Point, the United States Coast Guard Academy, the United States Air Force Academy, and Midshipmen at Annapolis, were on active duty only after reporting for active duty;

(b) Members of the National Guard were on active duty only after having entered active Federal Service for duty other than training.

(3) “Honorably Discharged” means that the official documents of discharge, service, or separation issued upon the termination of the veteran’s service with the Armed Forces are characterized as:

(a) “Honorable”; or

(b) “General” also known as “General Under Honorable Conditions”.

(4) “Separated” means the termination of active duty with the Armed Forces.

(5) “Resident” or “Bona Fide Resident” means one who has domiciled within the state.

(6) “Domicile” means the legal residence of a veteran and consists of actual or inchoate residence in conjunction with the intention to maintain that residence, or the home of the veteran, where, when temporarily away, he has the intention of returning:

(a) Temporary absence from the state, such as vacation, military leave, or reasons of health, will not destroy the domicile;

(b) Temporary presence in the state without an intention to establish a permanent home will not support a domicile in the state;

(c) Domicile of an unemancipated minor shall be governed by his legal parent, (if the parents are divorced, the one having custody controls);

(d) Domicile of an emancipated minor shall be determined by choice.

(7) “Acquisition” means:

(a) The purchase and improvement of a home or farm; or

(b) The payment of the balance of a purchase price and interest on purchase contract of a home or farm and its improvements; or

(c) The refinancing of an existing purchase money security instrument on a home or farm or an instrument in the nature thereof, and the improvement of the property purchased; or

(d) Improvements of a home or farm.

(8) “Improvements” means any new construction, or any necessary or beneficial additions, alterations, or changes appurtenant to the house which add to the appraised value of the premises.

(9) “Security” means all of the real property, mobile home, or floating home that is to be acquired for a home and for which purpose the loan is requested.

(10) “Home” means any residential type structure, including outbuildings and the real property in connection with it, if any, including long term leaseholds, which is established, maintained, and used primarily as a principal residence by the veteran.

(11) “Farm” includes:

(a) “Home”; and

(b) 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.

(12) “Security Instrument” means a mortgage, deed of trust, or similar document used to perfect the lien on the security by the Director of Veterans’ Affairs (ODVA). The lien will be a first lien on the home, except:

(a) As otherwise required by Oregon law, or allowed by Oregon law and approved in writing by ODVA; or

(b) When an ALTA mortgagee’s title insurance policy is in force insuring the state against the usual losses covered by an ALTA policy as well as any loss from any prior encumbrance, and the encumbrance is acceptable to both the veteran and ODVA.

(13) “Minor” means any single person under the age of 18 years, but any person shall be deemed to have arrived at the age of majority upon their marriage.

(14) “Transfer” means a change of ownership, either by operation of law, act of the parties, or both, such as deed, contract, certificate, court decree, property settlement, foreclosure, easement, condemnation, or adverse possession of the premises.

(15) “Lease” means the giving of possession and use of profits of secured property for a period of time in return for compensation.

(16) “Possession” means exclusive dominion and physical control of the secured property but occupancy is not necessary.

(17) “Lease Option” means a lease of real property with an option to purchase the property within a stipulated period of time.

(18) “Rent” means the giving of possession of secured property for occupancy for a specific period of time in return for a stipulated amount of compensation.

(19) “Underwriter/Designated Loan Officers” means those employees of the Department whose paramount responsibility shall be the approval or rejection of all applications for loans.

(20) “Department” means the Oregon Department of Veterans’ Affairs (ODVA).

(21) “Net Appraised Value” is also known as loan value,” and both terms mean the lesser of the appraised value or the Purchase Price. The “appraised value” is the value established by an appraisal obtained by or at the direction of ODVA, or an appraisal approved by ODVA.

(22) “Loan to Value Ratio” is the loan amount or balance divided by the net appraised value.

(23) “Original Loan” means:

(a) The first loan the veteran receives; or

(b) The first loan based on a restored loan right.

(24) “Subsequent Loan” means any loan or loans granted after the original loan and are in these categories:

(a) Additional loan;

(b) Second loan; and

(c) Veterans’ Home Improvement loan.

(25) “Veteran” means any person eligible to receive a loan under the provisions of Article XI A of the Oregon Constitution and sections (1) through (6) of this rule.

Stat. Auth.: ORS 406.030, 407.115 & 2013 HB 2633

Stats. Implemented: ORS 407, 2013 HB 2633

Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 26, f. 12-13-60; DVA 29, f. 7-3-63, ef. 9-2-63; DVA 32, f. 12-2-65, ef. 10-25-65; DVA 33, f. 12-7-66, ef. 1-11-67; DVA 35, f. 12-19-68, ef. 1-11-69; DVA 38, f. 5-10-71, ef. 6-11-71; DVA 43, f. 3-2-73, ef. 3-29-73; DVA 45, f. & ef. 12-1-75; DVA 47, f. & ef. 4-20-76; DVA 48, f. & ef. 1-3-77; DVA 50, f. 11-16-77, ef. 12-1-77; DVA 1-1980, f. & ef. 1-15-80; DVA 4-1980, f. & ef. 12-1-80; DVA 3-1990, f. & cert. ef. 5-1-90; DVA 10-1995, f. 9-11-95, cert. ef. 9-22-95; DVA 12-1995, f. & cert. ef. 9-22-95; DVA 5-1997, f. & cert. ef. 10-22-97; DVA 2-2005, f. & cert. ef. 4-22-05; DVA 2-2013, f. & cert. ef. 7-8-13

274-045-0001

Definitions for OAR 274-045-0001 to 274-045-0480

As used in these regulations or any amendments to them, or 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 Article XI-A of the Oregon Constitution and ORS Chapter 407, providing for the loaning of money to qualified persons who served in the Armed Forces of the United States, unless otherwise required by context:

(1) “Armed Forces” means and includes:

(a) Army;

(b) Navy;

(c) Marines;

(d) Air Force;

(e) Coast Guard;

(f) National Guard;

(g) Federal Reserve Forces;

(2) “Active Duty” means that status in the Armed Forces in which the person on “active duty” is under the command of and subject to discipline and on active duty pay status in the respective branch of the Armed Forces in which the person is serving:

(a) Members of the reserve components; persons on a retired status from the Armed Forces; cadets at the United States Military Academy, and the United States Air Force Academy, and Midshipmen at the United States Naval Academy and the United States Coast Guard Academy, were on active duty only after reporting for active duty;

(b) Members of the National Guard were on active duty only after having entered active Federal Service for duty other than training.

(3) “Acquisition” means:

(a) The purchase and improvement of a home; or

(b) The payment of the balance of a purchase price and interest on purchase contract of a home and its improvements; or

(c) The refinancing of an existing purchase money security instrument on a home or an instrument in the nature thereof, and the improvement of the property purchased; or

(d) Improvements of a home.

(4) “Agreement” means the contract between the Oregon Department of Veterans’ Affairs (ODVA) and the approved lender, setting forth the terms and conditions under which program loans made by the approved lender will be purchased by the ODVA.

(5) “ALTA Mortgagee’s Title Insurance” means a title insurance policy issued in American Land Title Insurance form by a title insurer licensed by the State of Oregon.

(6) “Approved Lender” means any “Lending Institution” as defined in ORS 407.177(8) that has entered into an agreement with ODVA to originate residential loans acceptable to ODVA or to act as a conduit for the origination of residential loans acceptable to ODVA. In determining whether or not to contract with a Lending Institution, ODVA may consider factors including, but not limited to the following:

(a) ODVA’s need for additional Approved Lenders, either on a statewide basis or in a specific geographical area,

(b) Whether or not the Lending Institution has had any complaints filed against it or against any of its employees, agents, officers, directors, owners, or affiliates through the Consumer and Business Services Department of the State of Oregon, through any other regulatory agency or otherwise.

(c) Whether or not representatives of the Lending Institution have attended any ODVA-sponsored training.

(d) The reputation of the Lending Institution, including its employees, agents, officers, directors, owners or affiliates.

(e) The number and experience of Lending Institution employees and other personnel available to originate loans or to act as a conduit for the origination of residential loans acceptable to ODVA.

(f) Status and character of the institution’s loan policies and procedures.

(g) The financial capability of the Lending Institution to originate loans or to act as a conduit for the origination of loans.

(h) The Lending Institution’s qualification as a loan originator or a seller/servicer for the Federal National Mortgage Association, the Federal Home Loan Mortgage Association, or the United States Department of Veterans’ Affairs.

(i) Whether or not the deposits of the Lending Institution are insured by FDIC or some other federal agency or corporation.

(j) The experience, efficiency and performance of the Lending Institution in the area of residential lending and any other area of the Lending Institution’s business.

(k) The willingness and commitment of the Lending Institution to accept and to fulfill the terms of an ODVA proposed contract.

(l) The result of any references which are checked as part of the application process.

(7) “Commitment” means a promise made by the ODVA to an Approved Lender or veteran, evidenced by a written commitment letter, setting forth the terms upon which the ODVA will purchase, originate, or accept by underwriting and closing a specific program loan made or processed by the Approved Lender or ODVA pursuant to a reservation of funds.

(8) “Department” means the Oregon Department of Veterans’ Affairs.

(9) “Director” means the Director of Veterans’ Affairs for the State of Oregon.

(10) “Domicile” means the legal residence of a veteran and consists of actual or inchoate residence in conjunction with the intention to maintain that residence, or the home of the veteran, where, when temporarily away, he or she has the intention of returning:

(a) Temporary absence from the State, such as vacation, military leave, or reasons of health, will not destroy the domicile;

(b) Temporary presence in the State without an intention to establish a permanent home will not support a domicile in the State;

(c) Domicile of an unemancipated minor shall be governed by his legal parent, (if the parents are divorced, the one having custody controls);

(d) Domicile of an emancipated minor shall be determined by choice.

(11) “Home” means any house or dwelling, including outbuildings, and the real property in connection with it, where the veteran has, or will, establish domicile.

(12) “Honorably Discharged” means that the official documents of discharge, service, or separation issued upon the termination of the veteran’s service with the Armed Forces are characterized as one of the following:

(a) “Honorable”; or

(b) “General” also known as “General Under Honorable Conditions”.

(13) “Improvements” means any new construction, or any necessary or beneficial additions, alterations, or changes appurtenant to the house, which add to the appraised value of the premises.

(14) “Lease” means the giving of possession and use of profits of secured property for a period of time in return for compensation.

(15) “Lease Option” means a lease of real property with an option to purchase the property within a stipulated period of time.

(16) “Lending Institution” means an entity which is licensed, or otherwise legally authorized, to conduct business in the State of Oregon exclusively or in part as a mortgage lender or a conduit for mortgage loans and that, in the judgment of ODVA, is capable of meeting the needs of ODVA in carrying out the purposes of ORS Chapter 407. In determining whether or not an entity that is licensed, or otherwise legally authorized, to conduct business in Oregon exclusively or in part as a mortgage lender or a conduit for mortgage loans is capable of meeting the needs of ODVA in carrying out the purposes of ORS Chapter 407, ODVA may consider factors including, but not limited to the following:

(a) Whether or not the entity qualifies as a “Banking Institution” or similar entity including, but, not limited to an “Extranational Institution,” a “Federal Bank,” a “Federal Savings Bank,” or a “Financial Institution” under ORS 706.005, 706.008, 707.744, or 723.042.

(b) Whether or not the entity qualifies as a “mortgage broker” under ORS 59.840 through 59.965 for a period of three years.

(c) Whether or not the representatives of the entity have attended any ODVA-sponsored training.

(d) The reputation of the entity or of any of its employees, agents, officers, directors, affiliates or owners.

(e) The financial capability of the entity to originate loans or to act as a conduit for the origination of loans.

(f) The entity’s qualification as a loan originator or a seller/servicer for the Federal National Mortgage Association, the Federal Home Loan Mortgage Association, or the United States Department of Veterans Affairs.

(g) The experience, efficiency, and performance of the entity in the areas of residential lending and any other area of the entity’s business.

(17) “Loan Origination Guide/Mortgage Loan Origination Guide” means the manual containing the origination instructions for the Post Vietnam Era Veterans’ Home Loan Program, and any subsequent changes as they are effected.

(18) “Loan to Value Ratio” is the loan amount or balance divided by the net appraised value.

(19) “Minor” means any single person under the age of 18 years, but any person shall be deemed to have arrived at the age of majority upon their marriage.

(20) “Net Appraised Value” is also known as “loan value,” and both terms mean the lesser of the appraised value or the purchase price. The “appraised value” is the value established by an appraisal obtained by or at the direction of ODVA, or an appraisal approved by ODVA.

(21) “ODVA” means the Oregon Department of Veterans’ Affairs acting by and through the director as defined in ORS 407.085(2)(b).

(22) “Original Loan” means:

(a) The first loan the veteran receives; or

(b) The first loan based on a restored loan right.

(23) “Possession” means exclusive dominion and physical control of the secured property but occupancy is not necessary.

(24) “Post Vietnam Era Veterans’ Home Loan Program “ means all home loans originated under this Division.

(25) “Qualified Insurer” means private mortgage insurance company(ies) licensed to do business in Oregon and with which ODVA has agreed to accept mortgage insurance coverage.

(a) When an ALTA mortgagee’s title insurance policy is in force insuring the State against the usual losses covered by an ALTA policy as well as any loss from any prior encumbrance, and the encumbrance is acceptable to both the veteran and ODVA.

(26) “Rent” means the giving of possession of secured property for occupancy for a specific period of time in return for a stipulated amount of compensation.

(27) “Reservation of Funds” (Rate Lock) means the setting aside of specific funds at a designated interest rate for a specific period of time.

(28) “Resident” or “Bona Fide Resident” means one who has domiciled within the State.

(29) “Security” means all of the real property that is to be acquired for a home and for which purpose the program loan is requested.

(30) “Security Instrument” means a mortgage, deed of trust, or similar document used to perfect the lien on the security by the ODVA. The lien will be a first lien on the home, except:

(a) As otherwise required by Oregon law, or allowed by Oregon law and approved in writing by ODVA; or

(b) When an ALTA mortgagee’s title insurance policy is in force insuring the State against the usual losses covered by an ALTA policy as well as any loss from any prior encumbrance, and the encumbrance is acceptable to both the veteran and ODVA.

(31) “Separated” means the termination of active duty with the Armed Forces.

(32) “Subsequent Loan” means any loan or loans granted after the original loan and are in these categories:

(a) Additional loan;

(b) Second loan; and

(c) Veterans’ Home Improvement loan.

(33) “Transfer” means a change of ownership, either by operation of law, act of the parties, or both, such as deed, contract, certificate, court decree, property settlement, foreclosure, easement, condemnation, or adverse possession of the premises.

(34) “Underwriter/Designated Loan Officers” means those employees of ODVA whose paramount responsibility shall be the approval or rejection of all applications for loans.

(35) “Veteran” means any eligible veteran as described in OAR 274-045-0001 through 274 045 0001(2)(b) eligible to receive a loan under the provisions of Article XI-A of the Oregon Constitution.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 406.030 & 407.115, OR Leg. Assembly, 2013, Ch. 16 (HB 2633)

Stats. Implemented: ORS Chapter 407, OR Leg. Assembly, 2013, Ch. 16 (HB 2633)

Hist.: DVA 2-2001, f. & cert. ef. 5-23-01; DVA 3-2001(Temp), f. & cert. ef. 6-15-01 thru 12-11-01; DVA 9-2001, f. & cert. ef. 11-23-01; DVA 2-2005, f. & cert. ef. 4-22-05; DVA 3-2007, f. & cert .ef. 9-25-07; DVA 2-2013, f. & cert. ef. 7-8-13


Rule Caption: Relating to fees that may be charged for ordinary Conservator services

Adm. Order No.: DVA 3-2013(Temp)

Filed with Sec. of State: 7-9-2013

Certified to be Effective: 7-9-13 thru 1-3-14

Notice Publication Date:

Rules Amended: 274-015-0010

Subject: The 77th Oregon Legislative Assembly — 2013 Regular Session passed House Bill 2044 which allows the Oregon Department of Veterans Affairs, when appointed as a conservator, to set forth by rule reasonable compensation for ordinary and unusual services. Allows Department to charge up to 10% of income to the estate for ordinary services.

Rules Coordinator: Nicole Hoeft—(503) 373-2386

274-015-0010

Conservatorship Fees

(1) The Director of Veterans’ Affairs (DVA) may charge fees when acting as the Conservator of the estate of a protected person. The fees DVA may charge are as follows:

(a) For ordinary services, up to 10% of income to the estate;

(b) For unusual services:

(A) $40 per hour for real property management;

(B) $ Real property appraisal, actual cost;

(C) $ 50 per real property inspection.

(2) The sources of income upon which DVA will impose a fee are as follows:

(a) VA Compensation;

(b) VA Pension;

(c) VA Accumulated Benefits;

(d) VA Death Indemnity Compensation (DIC);

(e) VA Death Pension (Spouse, Child);

(f) VA Education;

(g) VA Rehabilitation;

(h) Social Security;

(i) State Retirement;

(j) Federal Civil Service Retirement (CSA);

(k) Worker’s Compensation;

(l) Railroad Retirement;

(m) Union Pension;

(n) Life Insurance Annuity;

(o) Private Disability Insurance;

(p) Military Retirement;

(q) Wages;

(r) Interest income earned through investments made by the State Treasurer.

(3) As used in applicable Oregon Law and this rule, unless otherwise required by context:

(a) “Ordinary services” means services performed routinely for or on behalf of protected persons for whom DVA acts as Conservator;

(b) “Unusual services” means services provided to protected persons that go beyond being ordinary or routine services. “Unusual services” include, but are not limited to, management of real property, real property appraisals, and real property inspections.

(4) In deciding whether all or a portion of the fees will be waived, the Director shall consider the following:

(a) Whether the protected person has at least $2,000 in cash and investment assets;

(b) Whether, after payment of a fee, the protected person would have sufficient funds to pay all outstanding bills, and have money remaining to pay for such basic needs as food, shelter, clothing, and medical care;

(c) Whether the protected person receives public assistance;

(d) Whether all foreseeable expenses have been taken into account in deciding what the needs of the protected person will be.

Stat. Auth.: ORS 113.085, 406.030, 406.040, 406.050(5), 406.050(6) & 406.100

Stats. Implemented: ORS 406.050, 406.100, 406.110 & 406.120

Hist.: DVA 9-1987, f. 11-25-87, ef. 12-1-87; DVA 4-1991, f. & cert. ef. 7-1-91; DVA 1-2012, f. & cert. ef. 2-22-12; DVA 3-2013(Temp), f. & cert. ef. 7-9-13 thru 1-3-14

Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2012.

2.) Copyright 2013 Oregon Secretary of State: Terms and Conditions of Use

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​