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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF VETERANS' AFFAIRS

 

DIVISION 12

OREGON VETERANS' EMERGENCY FINANCIAL ASSISTANCE PROGRAM

274-012-0001

Definitions for OAR 274-012-0001 through 274-012-0130

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. 7-8-1

274-012-0100

Purpose and Objective

(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.

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
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 3-2007, f. & cert. ef. 9-25-07; DVA 1-2008(Temp), f. & cert. ef. 1-7-08 thru 6-30-08; DVA 3-2008, f. & cert. ef. 2-22-08

274-012-0105

Evidence Required to Establish Eligibility

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.

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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

274-012-0110

Applications

(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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

274-012-0115

Evidence of Need

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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

274-012-0120

Criteria for Determination of Emergency Financial Assistance

(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.

(2) The payment of Program assistance is subject to the discretion of the Department in consideration of factors described above in Paragraph (1), together with any other factors, as deemed relevant by the Department. The Department may refuse, terminate, or suspend Program assistance to any veteran and the veteran’s immediate family at any time without notice. The Department shall be under no obligation to provide Program assistance to any applicant or to the immediate family of any applicant.

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
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

274-012-0125

Misrepresentation of Emergency Financial Assistance

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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

274-012-0130

Review of Decisions

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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

274-012-0131

Waiver of Rules

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
Hist.: DVA 2-2006(Temp), f. & cert. ef. 2-23-06 thru 8-18-06; DVA 4-2006, f. & cert. ef. 4-25-06

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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