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The Oregon Administrative Rules contain OARs filed through September 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

 

DIVISION 190

EMPLOYMENT PROGRAM COMPONENTS

461-190-0151

Case Planning; JOBS, Pre-TANF, REF, SFPSS, TA-DVS

(1) In the JOBS, Pre-TANF, REF, SFPSS, and TA-DVS programs:

(a) The Department and client develop an individualized case plan that is agreed to by the client and the Department.

(A) The Department uses proven methods for encouraging the full engagement of clients and the development of the case plan. These proven methods include, but are not limited to, strength-based case management and motivational interviewing.

(B) The case plan may be modified whenever circumstances change.

(b) The case plan:

(A) Is individualized and developed with the client and in cooperation with appropriate partner agencies or other professionals.

(B) Identifies client goals and activities (see OAR 461-001-0025) that will help the client meet those goals.

(i) Activities are based on information obtained in screenings and evaluations, and are intended to build on client strengths.

(ii) Activities promote both family stability and financial independence.

(iii) Activities help reduce or eliminate barriers to self-sufficiency, employment, job retention, wage enhancement, and full participation in the JOBS program.

(iv) For a client who has a disability (see OAR 461-001-0000), the goal of the case plan is to promote greater independence. The case plan may include physical and mental health treatment.

(v) The case plan includes agreed upon support services (see OAR 461-001-0025) needed to enable the client to successfully complete the case plan.

(vi) The case plan includes identified accommodations or modifications necessary for the client to successfully complete the case plan.

(c) The client must inform the Department of any circumstances that may require a change to the provisions of the case plan.

(d) A client who disagrees with a requirement to comply with any provision of a case plan may seek resolution of the disagreement through the re-engagement process described in OAR 461-190-0231.

(2) In the JOBS program, the case plan (see OAR 461-001-0025):

(a) Is complete and binding for all core activities (see OAR 461-001-0025) and all non-core activities (see 461-001-0025) once it is signed by a representative of the Department, the client is informed of its contents, and the client has been offered a copy of the plan.

(b) Is complete and binding for all non-countable activities when it is signed by a representative of the Department and the client, and the client has been offered a copy of the plan.

Stat. Auth.: ORS 411.060, 418.045, 418.100
Stats. Implemented: ORS 411.060, 418.045, 418.100
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 12-2001, f. 6-29-01, cert. ef. 7-1-01; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08

461-190-0163

Restrictions on On-the-Job Training, Unpaid Employment, Work Supplementation; JOBS

(1) The Department may not require a client to participate in an activity (see OAR 461-001-0025) of the OJT (see 461-001-0025), unpaid employment (see 461-001-0025), or work supplementation components (see 461-001-0025) in the following circumstances:

(a) The client would displace a currently employed worker or position or would cause a reduction in regularly scheduled hours, wages or benefits of a current employee.

(b) The assignment would impair an existing contract for services or a collective bargaining agreement.

(c) The employment or assignment occurs at the same time another person is laid off from the same or an equivalent job within the same organizational unit or an employer terminates an employee or reduces its work force by hiring a participant in OJT, unpaid employment, or work supplementation.

(d) The employment or assignment infringes in any way on promotional opportunities of a current employee.

(2) The Department may not require a client to participate in the work supplementation component by filling an established but currently vacant position.

(3) The working conditions for clients participating in the OJT, unpaid employment, and work supplementation components may not violate applicable state and federal health and safety standards or require activities not considered usual and customary in the occupation for which the participant is being trained.

(4) Clients participating in the OJT, unpaid employment, and work supplementation components who are covered by a workers' compensation system are entitled to the same level of benefits under the same conditions as other individuals similarly employed.

(5) Clients in work supplementation not covered by an applicable workers' compensation statute must be provided with equal medical and accident protection for on-site injuries as that required by the state's worker compensation statute for covered employment.

(6) Clients in unpaid employment are covered by the Fair Labor Standards Act (FLSA) (see OAR 461-001-0025) if the worksite is a FLSA subject employer.

Stat. Auth.: ORS 411.060, , 418.040, 418.045, 418.100
Stats. Implemented: ORS 411.060, , 418.040, 418.045, 418.100
Hist.: AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 18-1998, f. & cert. ef. 10-2-98; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08

461-190-0171

Education Requirements for Teen Parents; JOBS

(1) Except as provided in section (2) of this rule, a teen parent (see OAR 461-001-0025) who participates in the JOBS program and does not have a high school diploma or GED must participate in the basic education component (see 461-001-0025).

(2) A teen parent is excused from the requirements of section (1) of this rule if any of the following subsections apply:

(a) He or she is exempt (see OAR 461-130-0310) from the requirement to participate in the JOBS program 16 weeks after the birth of a child, except that the teen parent may be required to participate in suitable activities with a preference for educational activities, parenting classes, and family stability activities (see 461-001-0000).

(b) He or she is under age 18, has been excused by the local school district from state compulsory school attendance, and meets the following conditions:

(A) The employment goal of the teen parent is an occupation or occupational field that does not require a high school diploma or GED, there is a labor market demand for it, and the goal is appropriate for the client and likely to lead to self-sufficiency; and

(B) The teen parent is participating in the job skills training component (see OAR 461-001-0025) and an education component (see OAR 461-001-0025) designed to result in a literacy level of at least grade 8.9.

(c) He or she is age 18 or 19 and can be assigned to employment training to prepare for occupations or occupational fields for which there is a labor market demand, and either he or she has failed to achieve good or satisfactory progress (see OAR 461-001-0025) in completing his or her educational activities (see 461-001-0025) or educational activities are inappropriate for his or her education and employment goals.

Stat. Auth.: ORS 411.060, 411.070, 418.040, 418.045, 418.100
Stats. Implemented: ORS 411.060, 411.070, 418.040, 418.045, 418.100
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 19-1991(Temp), f. & cert. ef. 10-1-91; AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08

461-190-0181

Basic Education for Nonteens; JOBS

(1) Parents age 20 and over in the JOBS Program may be required to participate full-time (as defined by the education provider) in the basic education component if their employment goals requires a literacy level of 8.9, unless one of the following is true:

(a) They are exempt from the requirement to participate in the JOBS Program for a reason other than providing care for a child under age 3 months;

(b) They demonstrate a literacy level of at least grade 8.9 through BASIS testing;

(c) They have a high school diploma or GED.

(2) Clients with limited English proficiency may be required to participate in English education if their inability to speak, read or write the English language limits their employment opportunities.

Stat. Auth.: ORS 411.060 & ORS 411.816
Stats. Implemented: ORS 411.060
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 18-1998, f. & cert. ef. 10-2-98

461-190-0197

Microenterprise Component

(1) The microenterprise component is a component in which a TANF client who is self-employed (see OAR 461-145-0910) can meet participation requirements of the JOBS program by working in a microenterprise (see 461-001-0000).

(2) The Department will authorize a client to participate in the microenterprise component if the client is self-employed in a microenterprise and provides the Department with:

(a) A business plan for the microenterprise; and

(b) Approval of the business plan by an expert third party entity such as the United States Small Business Administration, a member program of the Oregon Microenterprise Network, the Service Corps of Retired Executives (SCORE), or an entity approved by the Department.

(3) The business plan required by section (2) of this rule must include provisions for review of the client's progress in the microenterprise by the approving entity.

(4) The Department may require a client to participate in other JOBS activities while participating in the microenterprise component. A client participating in the microenterprise component must:

(a) Participate in the microenterprise component for the number of hours required by the rules of the JOBS program; or

(b) Participate in the microenterprise component and other JOBS activities identified in the case plan for the number of hours required by the case plan.

(5) A client participating in the microenterprise component must provide semiannually to the Department a statement of the client's income prepared by a certified public accountant, bookkeeping firm, or other entity approved by the Department according to generally accepted accounting principles and OAR 461-145-0920.

(6) The Department will not authorize JOBS funds to be used for equipment, supplies, wages, or other business expenses that support the microenterprise.

Stat. Auth.: ORS 411.060 & 418.100
Stats. Implemented: ORS 411.060 & 418.100
Hist.: SSP 23-2003, f. & cert. ef. 10-1-03; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

461-190-0199

Parents as Scholars

(1) Notwithstanding any other provision in Chapter 461 of the Oregon Administrative Rules, effective July 1, 2011, participation in Parents as Scholars (PAS) is limited to clients approved for PAS as of June 30, 2011. Any other PAS applicant is not eligible for enrollment in PAS, including a client on the PAS wait list after June 30, 2011. The Department does not process any application for PAS received after June 30, 2011.

(2) PAS is a JOBS program component that assists TANF parents who are or will be undergraduates to begin or continue their education at a two- or four-year educational institution.

(3) The following definitions apply to PAS:

(a) "Educational institution" means any post-secondary educational institution approved or accredited by the Northwest Commission on Colleges and Universities, by its regional equivalent, or by the appropriate official, department, or agency of the state or nation in which the institution is located and that is:

(A) A four-year college or university;

(B) A junior college or community college; or

(C) A technical, professional or career school.

(b) "Participant" refers to a participant in the PAS component of the JOBS program.

(c) "PAS" means the Parents as Scholars component of the JOBS program.

(4) The number of participants in PAS in a calendar year is limited as follows:

(a) The number of participants in PAS in a calendar year may not exceed one percent of the number of households receiving TANF on January 1 of that calendar year.

(b) If one percent of the number of households receiving TANF on January 1 of the current calendar year is less than one percent of the number of households receiving TANF on January 1 of the previous calendar year, the Department will not fill PAS slots vacated on or after January 1 of the current calendar year until the total number of slots is equal to one percent of the households receiving TANF for the current calendar year.

(5) A PAS participant receives TANF cash assistance as well as necessary support services provided through the JOBS program. JOBS support services:

(a) May not be used to pay for the cost of tuition and fees associated with enrollment by a participant at an educational institution.

(b) Subject to the limitations of OAR 461-190-0211, may be used to pay for books and supplies associated with enrollment by a participant at an educational institution subject to the following provisions:

(A) The books and supplies are required for completion of the participant's coursework at an educational institution;

(B) There is no other funding available to the PAS participant for books and supplies; and

(C) No more than $100 per academic term or semester may be paid per PAS participant for books and supplies.

(6) Applying for PAS. A parent who is applying for or receiving TANF may apply for PAS by completing and signing the PAS application and submitting it to the Department. The application and other documentation required by this rule must be submitted to Department of Human Services JOBS Unit (PAS), 2nd Floor, 500 Summer Street NE E48, Salem, Oregon 97301.

(7) PAS Selection Process; Wait List.

(a) PAS applications received from PAS applicants will be processed in the order in which the Department receives the applications.

(b) If the maximum number of PAS slots for a calendar year has not been filled, the Department will notify an applicant when he or she has been approved.

(c) When the maximum number of PAS slots for a calendar year has been filled and there is a wait list, the Department will notify an applicant when he or she has been added to the wait list.

(d) Once each year, the Department will contact PAS applicants on the wait list to determine if the PAS applicant's name should be removed from the wait list.

(e) When the maximum number of PAS slots for a calendar year has been filled and there is a wait list and a PAS slot becomes available, the Department will notify the next applicant on the wait list that an opening has become available.

(f) The Department will inform an applicant for PAS who does not qualify or no longer qualifies for placement on the wait list because the applicant becomes ineligible for TANF or no longer meets the requirements of this rule.

(8) Selection Requirements.

(a) A PAS applicant must meet the financial and nonfinancial eligibility requirements for TANF.

(b) A PAS applicant who is not applying for or receiving TANF at the time of selection may not participate in PAS or remain on the wait list.

(c) A PAS applicant must include documentation that the PAS applicant is an undergraduate who has been accepted for full-time attendance into or is enrolled full-time at an educational institution.

(d) A PAS applicant must demonstrate as part of the PAS application that completion of the educational program is likely to result in employment that provides the wages and benefits necessary for the applicant to support the applicant's family without TANF.

(9) Requirements of Participants; Limitations.

(a) A participant must provide documentation to the Department quarterly, or following completion of each academic term at the educational institution, that the participant is making satisfactory academic progress, as defined by the educational institution, toward a degree.

(b) A participant must provide documentation to the Department, prior to the start of each new academic term or semester, that the PAS applicant is an undergraduate who is enrolled full-time at an educational institution.

(c) A participant must attend classes full-time as defined by the educational institution, unless there is good cause (see OAR 461-130-0327) to limit attendance to less than full-time.

(d) Unless there is good cause for not attending year round, a participant must either:

(A) Attend classes year round, including during the summer if classes are offered by the educational institution; or

(B) If not attending classes year round, participate in work experience related to the field of study of the participant when not attending classes. If a work experience related to the participant's field of study is not available, participate in another appropriate work experience.

(e) During the first twelve months of participation in PAS, a participant must record attendance and homework time weekly and must provide this information to the Department no less frequently than monthly.

(f) Except as provided in subsection (g) of this section, a participant must remain eligible for TANF.

(g) If a participant becomes temporarily ineligible for TANF during a period of four or fewer months due to income from a paid work experience, the applicant may retain their PAS slot when school resumes if:

(A) The participant regains TANF eligibility; and

(B) PAS is still an appropriate activity for the participant.

(10) Ending PAS. PAS is ended for a PAS participant when:

(a) The PAS participant completes his or her degree program;

(b) Except as provided in subsection (9)(g) of this rule, the PAS participant becomes ineligible for TANF; or

(c) All of the following are true:

(A) The PAS participant fails to meet one or more of the requirements of subsections (9)(a) through (9)(e) of this rule;

(B) Attempts to re-engage the PAS participant pursuant to OAR 461-190-0231 are unsuccessful; and

(C) There is a determination that the PAS participant does not have good cause (see OAR 461-130-0327) for failure to meet one or more requirements of subsections (9)(a) through (9)(e) of this rule.

Stat. Auth.: ORS 411.060, 411.116, 412.016, 412.049, 412.124
Stats. Implemented: ORS 411.060, 411.070, 411.116, 412.016, 412.017, 412.049, 412.124, HB 2049 (2011)
Hist.: SSP 20-2008(Temp), f. & cert. ef. 9-5-08 thru 3-4-09; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 28-2009, f. & cert. ef. 10-1-09; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 18-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11

461-190-0211

Case Plan Activities and Standards for Support Service Payments; JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, TANF

In the JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, and TANF programs, notwithstanding any other administrative rule in Chapter 461 and subject to the limitations of state funding, the following special provisions apply:

(1) Participation in an activity (see OAR 461-001-0025) is limited as provided in each of the following subsections:

(a) An individual who is determined to be a work-eligible individual according to federal definition (45 CFR 261.2(n)(1)). Unless section (10) or (11) of this rule applies, no other individual may participate in and access JOBS contract activities and support services (see OAR 461-001-0025).

(b) An individual who is an applicant in the Pre-TANF program, a recipient of TANF or Post-TANF program benefits, or has become over-income due to earnings in an on-the-job training (see OAR 461-001-0025) activity pursuant to section (11) of this rule.

(2) For eligible individuals, subject to the requirements and limitations in sections (1), (5), (6), and (7) of this rule, the following activities will be available, and include support services payments if needed:

(a) Job search (see OAR 461-001-0025).

(b) JOBS Plus (see OAR 461-001-0025 and 461-101-0010) is limited to six months per individual, unless circumstances unique to the employment situation are identified and warrant the Department to approve a limited number of additional months.

(c) Work experience (see OAR 461-001-0025).

(d) Sheltered or supported work (see OAR 461-001-0025).

(e) High School or GED Completion Attendance (see OAR 461-001-0025).

(f) Parents as Scholars (see OAR 461-001-0025).

(g) Limited family stability (see OAR 461-001-0000).

(A) Drug and alcohol services (see OAR 461-001-0025).

(B) Mental health services (see OAR 461-001-0025).

(C) Attending medical appointments or services.

(D) Rehabilitative activities (see OAR 461-001-0025).

(E) Crisis Intervention (see OAR 461-001-0025).

(F) SSI application process.

(h) Vocational training (see OAR 461-001-0025).

(i) Life Skills (see OAR 461-001-0025).

(j) On-the-job training (see OAR 461-001-0025).

(k) Unsubsidized employment (work).

(l) Adult Basic Education (see OAR 461-001-0025).

(3) The following activities will not include support services payments:

(a) Domestic Violence Intervention.

(b) Family Support & Connections.

(c) Microenterprise (see OAR 461-001-0025).

(d) Post-TANF.

(e) Program entry (see OAR 461-001-0025).

(f) Self Initiated Training (see OAR 461-001-0025).

(4) Participation in an activity is based on whether an individual is Job Ready, Near Job Ready, Not Job Ready, or a teen parent (see OAR 461-001-0000 and 461-001-0025).

(a) Job Ready means the individual has no barrier (see OAR 461-001-0025) or current barriers do not impact participation or employment. In addition, the individual has all of the following:

(A) Prior stable work history, either paid or unpaid.

(B) Had not voluntarily quit or been dismissed from their most recent employment (see OAR 461-135-0070), without good cause (see OAR 461-135-0070).

(C) Reliable or available transportation.

(D) No outstanding legal issues that would impact or prevent employment.

(E) Access to reliable child care within support services limits, or does not need help to pay for child care, or does not need child care.

(b) Near Job Ready means the individual has minimal barriers to participation or employment and the individual is addressing the barriers. In addition, the individual has all of the following:

(A) Limited or no work history, either paid or unpaid.

(B) Reliable or available transportation.

(C) No outstanding legal issues that would impact or prevent employment, or such legal issues are identified and are being addressed.

(D) Access to reliable child care within support services limits, or does not need help to pay for child care, or does not need child care.

(c) Not Job Ready means the individual has one or more barriers to participation or employment or is in crisis, and the individual is not addressing the barriers. For example, the individual has one or more of the following:

(A) Lack of stable housing that is preventing participation in an activity or employment.

(B) Domestic violence, mental health or alcohol and drug issues, and the individual is not addressing the issue.

(C) Medical issues that prevent participation in an activity or employment.

(D) Outstanding legal issues that would impact or prevent employment.

(E) Literacy issues that impact the ability for the individual to participate in an activity or obtain employment.

(5) In approving JOBS program support services payments, the Department must consider lower cost alternatives. It is not the intent of the Department or of this rule to supplant Department funding with other funding that is available in the community. It is the Department's expectation that case managers and clients will work collaboratively to seek resources that are reasonably available to the client in order to participate in activities.

(6) Payments for support services are only provided when:

(a) Necessary to participate in activities in a signed case plan;

(b) Authorized in advance; and

(c) All other provisions of this rule are met.

(7) Payments for support services are subject to the following limitations:

(a) Child Care. Payments for child care may be authorized, as limited by OAR 461-160-0040, if necessary to enable Job Ready or Near Job Ready individuals or teen parents to participate in an approved JOBS program activity specified in the individual's case plan, or a Not Job Ready individual approved by the district to complete a family stability activity. If authorized, payment for child care will be:

(A) The lesser of the actual rate charged by the care provider and the rate established in OAR 461-155-0150. The Department rate for children in care less than 158 hours in a month is limited by 461-155-0150.

(B) The minimum hours necessary, including meal and commute time, for the individual to participate in an approved JOBS program activity.

(b) Transportation. The Department may provide payments for a Job Ready or Near Job Ready individual or teen parent for transportation costs incurred in travel to and from an approved JOBS program activity or a Not Job Ready individual approved by the district to complete a family stability activity. Payment is made only for the cost of public transportation or the cost of fuel. Payments are subject to the following considerations:

(A) Payment for public transportation is a priority over payment for a privately owned vehicle.

(B) Payment for fuel costs for a privately-owned vehicle is only provided if the client or individual providing the transportation has a valid driver's license and vehicle insurance and either of the following is true:

(i) No public transportation is available or the client is unable to use public transportation because of a verifiable medical condition or disability for which no accommodation is available.

(ii) Public transportation is available but is more costly than the cost of fuel.

(c) Housing and Utilities. Payments for housing and utilities are not allowed.

(d) Other Payments. When the need is identified by the district and no other sources are available, the Department may provide other payments needed:

(A) To look for work.

(B) To accept a job offer.

(C) To attain a high school diploma or GED.

(D) For books and supplies for a participant to complete a district-approved vocational training.

(E) Other payments with manager approval that are not otherwise restricted by rule.

(e) None of the following payments are allowed:

(A) Non-essential items.

(B) Television, cable, and internet.

(C) Fines, reinstatement fees, restitution, legal fees, civil fees, court costs, or other costs associated with a penalty.

(D) Purchase of a car, recreational vehicle, or motor home.

(E) Support services for exempt individuals.

(F) Pet-related costs.

(G) ERDC co-payments.

(8) The Department may require an individual to provide verification of a need for, or costs associated with, support services prior to approval and issuance of payment if verification is reasonably available.

(9) The Department may reduce, close, or deny in whole or in part an individual's request for a support services payment in the following circumstances:

(a) The individual is disqualified for failing to comply with a case plan, unless the payment in question is necessary for the individual to demonstrate cooperation with his or her case plan.

(b) The purpose for the payment is not related to the individual's case plan.

(c) The individual disagrees with a support services payment offered or made by the Department as outlined in the individual's case plan.

(d) The individual is not determined to be a Job Ready or Near Job Ready individual, a Not Job Ready individual in a family stability activity, or a teen parent.

(10) An individual who has gone over-income for the TANF program due to earnings and needs to increase activity hours to meet Post-TANF federally required participation rates (see OAR 461-001-0025) may be a volunteer and participate.

(11) An individual who has become over-income for the TANF program due to earnings in an on-the-job training activity is eligible to receive support services (see OAR 461-001-0025) for no more than three months, unless circumstances unique to the situation are identified and warrant the Department to approve a limited number of additional months. Eligibility for support services under this section is only permitted while the individual continues to participate in the on-the-job training activity.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 412.006, 412.009, 412.014, 412.049, 412.124, 2013 Or. Laws 722
Stats. Implemented: ORS 409.010, 411.060, 411.070, 412.001, 412.006, 412.009, 412.014, 412.049, 412.124, 2013 Or. Laws 722
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 12-1993, f. & cert. ef. 7-1-93; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 32-2010, f. & cert. ef. 10-1-10; SSP 42-2010(Temp), f. 12-30-10, cert. ef. 1-1-11 thru 6-30-11; SSP 10-2011, f. 3-31-11, cert. ef. 4-1-11; SSP 19-2011(Temp), f. & cert. ef. 7-1-11 thru 12-28-11; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 30-2011(Temp), f. & cert. ef. 11-1-11 thru 4-29-12; SSP 11-2012, f. & cert. ef. 4-6-12; SSP 12-2012(Temp), f. & cert. ef. 4-6-12 thru 9-30-12; SSP 18-2012(Temp), f. & cert. ef. 5-23-12 thru 9-30-12; SSP 30-2012, f. 9-28-12, cert. ef. 10-1-12; SSP 34-2012(Temp), f. & cert. ef. 11-6-12 thru 5-5-13; SSP 38-2012(Temp), f. 12-28-12, cert. ef. 1-1-13 thru 5-5-13; SSP 2-2013(Temp), f. & cert. ef. 1-23-13 thru 5-5-13; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 15-2013(Temp), f. & cert. ef. 7-1-13 thru 12-28-13; SSP 24-2013, f. & cert. ef. 10-1-13; SSP 6-2014(Temp), f.& cert. ef. 3-5-14 thru 9-1-14; SSP 15-2014, f. & cert. ef. 7-1-14

461-190-0212

Case Plan Activities and Support Services; JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, TANF

Notwithstanding any other administrative rule in Chapter 461 in effect on June 30, 2011, except as provided in section (4) of this rule, effective at the end of the day on June 30, 2011, in the JOBS, Post-TANF, Pre-TANF, REF, SFPSS, TA-DVS, and TANF programs:

(1) The following activities (see OAR 461-001-0025) and services specific to case plans (see OAR 461-001-0025) will end:

(a) Adult Basic Education (see OAR 461-001-0025).

(b) Community Service Program (see OAR 461-001-0025).

(c) Drug and alcohol services (see OAR 461-001-0025).

(d) English as a second language (see OAR 461-001-0025).

(e) Family Support and Connections.

(f) High school or GED Completion (see OAR 461-001-0025).

(g) Initial job search and Job Search (see OAR 461-001-0025).

(h) Job Skills Training (see OAR 461-001-0025).

(i) Life Skills (see OAR 461-001-0025).

(j) Medical services.

(k) Mental Health Services (see OAR 461-001-0025).

(l) Microenterprise (see OAR 461-001-0025).

(m) On-the-job training (see OAR 461-001-0025).

(n) Program entry (see OAR 461-001-0025).

(o) Providing child care services to a Community Service Program participant (see OAR 461-001-0025).

(p) Rehabilitation activities (see OAR 461-001-0025).

(q) Retention Services.

(r) Services to families served by Child Welfare.

(s) Sheltered or supported work (see OAR 461-001-0025).

(t) Social Security Application process.

(u) Stabilization, intervention and other activities (see OAR 461-001-0025). These are:

(A) Child health and development (see OAR 461-001-0000).

(B) Crisis intervention (see OAR 461-001-0000).

(C) Domestic violence services (see OAR 461-001-0000).

(D) Family stability activity (see OAR 461-001-0000).

(v) Vocational training (see OAR 461-001-0025).

(w) Work experience (see OAR 461-001-0025).

(x) Work supplementation (see OAR 461-001-0025).

(2) Payments made on behalf of an individual participating in one or more activities or services in section (1) of this rule end. These payments are:

(a) Support Services (see OAR 461-001-0025).

(b) Specific Requirements; Pre-TANF Program (see OAR 461-135-0475(5)(b)).

(c) Support services for Temporary Assistance for Domestic Violence Survivors Program (see OAR 461-135-1205(4)).

(3) Transition Services (see OAR 461-190-0241). Eligibility for, and payments made on behalf of, an individual who is ineligible for the Pre-TANF or TANF programs because of an increase in earned income, ends.

(4) This rule does not apply to an individual in the JOBS Plus program (JOBS Plus) (see OAR 461-001-0025 and 461-101-0010) or the Parents as Scholars (PAS) (see OAR 461-001-0025) activity.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 412.014, 412.049
Stats. Implemented: ORS 409.010, 411.060, 411.070, 412.014, 412.049, 2009 Oregon Laws 827, HB 2049 (2011)
Hist.: SSP 12-2011(Temp), f. & cert. ef. 6-2-11 thru 11-29-11; SSP 16-2011(Temp), f. & cert. ef. 6-29-11 thru 11-29-11; SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11

461-190-0231

Re-engagement; JOBS, Pre-TANF, REF, SFPSS, TA-DVS

In the JOBS, Pre-TANF, REF, SFPSS, and TA-DVS programs:

(1) When aspects of the case plan have not been met or are in dispute, the re-engagement process provides an opportunity for the client and the Department to:

(a) Review and re-evaluate the case plan and other information gathered related to the client's strengths and barriers;

(b) Identify participation expectations, concerns related to participation, and completion of activities in the case plan;

(c) Consider whether the case plan is still appropriate;

(d) Develop options that support full participation; and

(e) Revise the case plan if appropriate.

(2) The re-engagement process is intended to assist the Department in identifying whether the client is unable to fully participate or whether the client is or has been willfully non-complaint.

(a) In the JOBS, Pre-TANF, REF, and SFPSS programs, if screenings for physical or mental health needs, substance abuse, domestic violence (see OAR 461-001-0000), or learning needs have not been completed, the re-engagement process requires an additional opportunity to initiate those screenings for potential barriers to participation not previously identified.

(b) Circumstances that require a determination of whether good cause (see OAR 461-130-0327) exists include disagreements about the case plan, irregular attendance at activities, missed appointments, failure to participate in a component of the case plan, and (in the JOBS program) refusal to accept or maintain employment.

(c) In the TA-DVS program, there are no participation requirements. The re-engagement process is intended to provide an opportunity to address problems with the case plan (see OAR 461-135-1230) and an opportunity to modify the case plan.

(3) In the JOBS program, the re-engagement process must include an assessment of the risk of harm posed to the children in the filing group by the reduction in aid payments and taking steps to ameliorate the risk.

(4) The client, the Department, or the Department's contractor may initiate the re-engagement process. The re-engagement process is not a required activity. The Department may not disqualify clients based on their failure to participate in the re-engagement process.

(5) The client or Department may invite partner agencies, Department contractors, persons currently working with the client, or other individuals who have information relevant to the re-engagement process to any appointments or meetings scheduled as part of the process.

(6) The re-engagement process ends when any of the following subsections applies:

(a) The Department and the client agree to a modified case plan.

(b) Efforts to re-engage are unsuccessful.

(c) In the JOBS, Pre-TANF, and REF programs:

(A) The Department has determined the client has met federally required participation rates (see OAR 461-001-0025);

(B) The client clearly indicates an intent not to participate in the re-engagement process;

(C) The client is willfully non-compliant and has the ability to be fully engaged;

(D) The client has no barriers or refuses to take appropriate steps to address identified barriers to participation in the program; or

(E) A decision is made by the Department that a client did not have good cause for not complying with a requirement of the JOBS program, and the client is able but unwilling to address the issue through activities that address barriers or through case plan modifications.

(d) In the SFPSS program, after a review team consisting of SFPSS program staff including the case manager, disability analyst, and appropriate medical professional determine the client does not have good cause for non-cooperation and no accommodations or modifications can be made to support the client being re-engaged.

(7) The re-engagement process must end unsuccessfully before the Department begins the process of disqualifying a client for a failure to comply with a requirement of the JOBS program.

(8) In the SFPSS program, when the re-engagement process ends unsuccessfully, a client removed from the program is returned to the TANF program.

(9) For a participant in the Parents as Scholars (PAS) component of the JOBS program, when re-engagement ends unsuccessfully, PAS is ended pursuant to OAR 461-190-0199.

Stat. Auth.: ORS 411.060, 412.009, 412.014, 412.049
Stats. Implemented: ORS 411.060, 411.117, 412.009, 412.014, 412.049
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 26-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 18-1998, f. & cert. ef. 10-2-98; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 23-2008, f. & cert. ef. 10-1-08

461-190-0241

Transition Services; JOBS

(1) A client who becomes ineligible for the Pre-TANF or TANF programs because of an increase in earned income is eligible for transition benefits and services for 12 months upon meeting the criteria in OAR 461-190-0211 for receiving support services (see 461-001-0025) in the JOBS program. The total cost of JOBS support service payments may not exceed $1,000 for the duration of the 12-month period. For clients whose eligibility ends for reasons other than income from new employment, the benefits and services are limited to completing any JOBS activity (see 461-001-0025) in progress at the time program eligibility ends.

(2) The transition period begins on the date determined by the following:

(a) For clients participating in an OJT activity (see OAR 461-001-0025), the transition period begins:

(A) When TANF benefits end because of earned income, if there are three or fewer months left in the OJT contract.

(B) Three calendar months before the end of the OJT contract, if TANF benefits end because of the level of earned income when more than three months remain in the contract.

(b) For clients participating in a work supplementation activity (see OAR 461-001-0025), the transition period begins when the wage subsidy (grant diversion) to the employer ends.

(c) For all other clients, the transition period begins when Pre-TANF or TANF program benefits end.

Stat. Auth.: ORS 411.060, 418.100
Stats. Implemented: ORS 411.060, 418.100
Hist.: AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 9-1991, f. 3-29-91, cert. ef. 4-1-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 23-1991(Temp), f. 10-31-91, cert. ef. 11-1-91; AFS 4-1992, f. 2-28-92, cert. ef. 3-1-92; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 27-1996, f. 6-27-96, cert. ef. 7-1-96; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 25-1998, f. 12-28-95, cert. ef. 1-1-98; SSP 21-2004, f. & cert. ef. 10-1-04; SSP 11-2005(Temp), f. & cert. ef. 9-1-05 thru 12-31-05; SSP 19-2005, f. 12-30-05, cert. ef. 1-1-06; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08

461-190-0310

Limits to OFSET Components and Activities

In the SNAP OFSET program:

(1) The case plan (see OAR 461-001-0020) may not require more than 120 hours of activities each month.

(2) The client may not be required to participate in only job search (see OAR 461-001-0020) activities for more than eight weeks a year.

Stat. Auth.: ORS 411.816
Stats. Implemented: ORS 411.816
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 19-2001, f. 8-31-01, cert. ef. 9-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07

461-190-0360

Special Payments; OFSET

In the OFSET program, the Department may authorize payment of not more than $80 over the eight week participation period for transportation and other costs identified in the client's case plan (see OAR 461-001-0020). If public transportation is available, the Department may issue to the client bus passes or tickets sufficient to enable the client to participate in the OFSET program activities identified in the case plan. If necessary, a client's case plan is adjusted to ensure that OFSET program participation requirements may be fulfilled at no cost to the client.

Stat. Auth.: ORS 411.816
Stats. Implemented: ORS 411.816
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 19-1994, f. & cert. ef. 9-1-94; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 18-1998, f. & cert. ef. 10-2-98; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 24-2003(Temp), f. & cert. ef. 10-1-03 thru 12-31-03; SSP 33-2003, f. 12-31-03, cert. ef. 1-4-04; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 9-2009(Temp), f. & cert. ef. 5-1-09 thru 10-28-09; SSP 28-2009, f. & cert. ef. 10-1-09

461-190-0401

Applicability

The JOBS Plus program is a component of the JOBS program and is subject to the provisions of ORS chapter 411 and the following rules (OAR 461-190-0401 to 461-190-0426). Clients who participate in the JOBS Plus program (participants) become employed and receive wages rather than cash benefits from the TANF program, SNAP benefits, and unemployment insurance benefits.

Stat. Auth.: ORS 411.060 & ORS 411.816
Stats. Implemented: ORS 411.060, 411.816
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98

461-190-0406

Eligibility of Clients

(1) Any client not excluded from participation by law, if eligible for the TANF program, may volunteer to participate in the JOBS Plus program. If there are no volunteers available to participate, the Department may select participants from among eligible clients. Recipients of SSI and teenage parents who remain in high school, if they are making progress toward receiving a diploma, are exempt from participation in the JOBS Plus program.

(2) Clients remain eligible to participate as long as they would, except for participating in the JOBS Plus program, be eligible for TANF. Eligibility of a participant working under a JOBS Plus assignment is not affected by changes in deprivation (see OAR 461-125-0010).

(3) The benefits of participants remain suspended until the first day of the month following the month in which they last perform work under a JOBS Plus agreement. TANF clients cannot receive TANF cash benefits and a JOBS Plus supplement for the same month.

Stat. Auth.: ORS 411.060 & 411.816
Stats. Implemented: ORS 411.060
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98; SSP 7-2005, f. & cert. ef. 7-1-05

461-190-0407

Clients' Individual Education Accounts

After a client has participated in the JOBS Plus program for 30 days, the Department withholds one dollar for each hour the client works for the JOBS Plus employer to be used for the client's individual education account. To be qualified for use of his or her account, an eligible participant (see OAR 575-090-0010) must make a written request to the Department for access to the account. Upon receipt of such a request, the Department will transfer the account to the Commission. The client must apply with the Oregon Student Assistance Commission to access the account.

Stat. Auth.: ORS 348.520, 409.050, 411.060, 411.070, 411.894, 412.006
Stats. Implemented: ORS 348.520, 348.841, 409.050, 411.060, 411.070, 411.894, 412.006
Hist.: AFS 14-1999, f. & cert. ef. 11-1-99

461-190-0411

Participation of Employers

(1) The Department assigns participants to employers who enter into work-site agreements with the Department. The Department will assign participants to public employers only when there is no appropriate vacant position with a private employer.

(2) The Department will not assign participants to employers who have demonstrated a pattern of unreasonably ending a client's JOBS Plus participation prior to completion of training or who have demonstrated an unwillingness to provide adequate training or comply with the work-site agreement.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.816, 412.006
Stats. Implemented: ORS 409.050, 411.060, 411.070, 411.816, 412.006
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98

461-190-0416

Supplemental Payments; JOBS

In the JOBS Plus program (see OAR 461-001-0025):

(1) If the net monthly full-time wage paid to a participant is less than the amount of the TANF program and the SNAP program benefits the participant would otherwise receive, the Department will determine and pay to the participant a supplemental payment as provided in section (3) or (6) of this rule.

(2) Income Calculations prior to January 1, 2011:

(a) JOBS Plus income for sections (2) and (3) of this rule is calculated retrospectively as follows:

(A) For the full benefit equivalency income test, the applicable hourly wage is multiplied by the hours that were available for work, specifically the hours for which the participant was paid, including sick leave used and hours the participant was engaged in job search (see OAR 461-001-0025), and hours the participant missed work without being excused by the employer. From that product, a $90 standard deduction and the amount of garnishments withheld are subtracted. To the remainder is added any child support received by the participant and $102 to account for the participant's potential earned income credit. If the participant missed work referred to in this paragraph due to good cause (see OAR 461-130-0327), the hours are excluded from the calculation.

(B) For the minimum benefit equivalency income test, the applicable hourly wage is multiplied by the hours for which the participant was paid. From that product, a $90 standard deduction and the amount of garnishments withheld are subtracted. To the remainder is added any child support received by the participant and $102 to account for the participant's potential earned income credit.

(b) Full benefit equivalency income is the total of the TANF program and SNAP program benefits as determined for the need group (see OAR 461-110-0630).

(c) Minimum benefit equivalency income is determined by deducting from the full benefit equivalency income the difference between the TANF program payment standard under OAR 461-155-0030 for the need group with the participant included and the TANF program payment standard for the need group without the participant included.

(3) Wage supplements prior to January 1, 2011: A participant is entitled to a wage supplement payment for any month in which JOBS Plus income is exceeded by either the full benefit equivalency income or the minimum benefit equivalency income. The supplement payment amount is determined by subtracting the JOBS Plus income calculated in accordance with paragraph (2)(a)(A) of this rule from the full benefit equivalency income and by subtracting the JOBS Plus income calculated in accordance with paragraph (2)(a)(B) of this rule from the minimum benefit equivalency income. The larger remainder, if greater than zero, is the wage supplement payment amount.

(4) SNAP program supplemental payment prior to January 1, 2011:

(a) To ensure that a SNAP program client does not incur a net loss of income because of her or his participation in the JOBS Plus program, the Department provides a supplemental payment equal to the amount by which the participant's JOBS Plus income is less than the Thrifty Food Stamp Plan benefit standard for the participant's need group.

(b) The JOBS Plus income for this section is calculated prospectively by subtracting $90 from the sum of the gross JOBS Plus wages the participant already has received for the month and any that the participant reasonably can expect to receive during the month, and adding the remainder to any EIC payment the participant received or anticipates receiving during the month and any other prospective income, and then subtracting the amount scheduled to be garnished during the month.

(5) Effective January 1, 2011:

(a) JOBS Plus income for this section and section (6) of this rule is calculated retrospectively as follows:

(A) For the full benefit equivalency income test, the applicable hourly wage is multiplied by the hours that were available for work, specifically the hours for which the participant was paid, including hours of sick leave used, hours the participant was engaged in job search (see OAR 461-001-0025), and hours the participant missed work without being excused by the employer. From that product, a $90 standard deduction and the amount of any garnishments withheld are subtracted. To the remainder is added any child support received by the participant. If the participant missed work referred to in this paragraph due to good cause (see OAR 461-130-0327), the hours are excluded from the calculation.

(B) For the minimum benefit equivalency income test, the applicable hourly wage is multiplied by the hours for which the participant was paid. From that product, a $90 standard deduction and the amount of garnishments withheld are subtracted. To the remainder is added any child support received by the participant.

(b) Full benefit equivalency income is the total of the TANF program benefits and SNAP program benefits as determined for the participant's need group (see OAR 461-110-0630).

(c) Minimum benefit equivalency income is determined by deducting from the full benefit equivalency income the difference between the TANF payment standard under OAR 461-155-0030 for the need group with the participant included and the TANF payment standard for the need group without the participant included.

(6) Wage supplements effective January 1, 2011: A participant is entitled to a wage supplement payment for any month in which JOBS Plus income is exceeded by either the full benefit equivalency income or the minimum benefit equivalency income. The wage supplement payment amount is determined by subtracting the JOBS Plus income calculated in accordance with paragraph (5)(a)(A) of this rule from the full benefit equivalency income and by subtracting the JOBS Plus income calculated in accordance with paragraph (5)(a)(B) of this rule from the minimum benefit equivalency income. The larger remainder, if greater than zero, is the wage supplement payment amount.

(7) SNAP program supplemental payment effective January 1, 2011:

(a) To ensure that a SNAP program client does not incur a net loss of income because of their participation in the JOBS Plus program, the Department provides a supplemental payment equal to the amount by which the JOBS Plus income of the participant is less than the Thrifty Food Stamp Plan benefit standard for the need group of the participant.

(b) The JOBS Plus income for this section is calculated prospectively by subtracting $90 from the sum of the gross JOBS Plus wages the participant has already received for the month and any the participant can reasonably expect to receive during the month plus any other prospective income, and then subtracting the amount scheduled to be garnished during the month.

Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.408, 411.816, 411.877, 411.892, 412.006, 412.009, 412.014, 412.049, 412.124
Stats. Implemented: ORS 409.010, 409.050, 411.060, 411.070, 411.400, 411.404, 411.408, 411.816, 411.877, 411.892, 412.006, 412.009, 412.014, 412.049, 412.124
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98; SSP 6-2011(Temp), f. & cert. ef. 2-14-11 thru 8-13-11; SSP 17-2011, f. & cert. ef. 7-1-11

461-190-0421

Increased Tax Liability

(1) To ensure that the diversion of SNAP program benefits to JOBS Plus wages does not cause a participant to incur a loss of income as a result of increased tax liability, the Department will make a yearly payment to compensate the participant if the participant's tax liability exceeds the liability the client would have incurred had the amount of SNAP benefits not been included in the JOBS Plus wages.

(2) To receive the payment, the client must do the following:

(a) Request the payment from the Department by June 30 of the year following the tax year.

(b) Submit the federal tax forms (including the EIC schedule) and state tax forms that were submitted with respect to the prior year together with the same forms completed with income reduced by the amount of SNAP benefits used in calculating the full benefit equivalency income under OAR 461-190-0416.

(3) The payment described in this rule is excluded income in the SNAP program.

Stat. Auth.: ORS 411.060 & ORS 411.816
Stats. Implemented: ORS 411.060 & ORS 411.816
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98; AFS 9-1999, f. & cert. ef. 7-1-99

461-190-0426

Termination of Work-Site Agreement

(1) A JOBS Plus work-site agreement may be terminated by a participant, upon request to the Department, after the client has worked for two weeks for the employer. For the third and any subsequent termination requested by the client, the client is subject to disqualification for failure to comply with the requirements of the JOBS program as provided in OAR 461-130-0325(1)(b).

(2) The Department will terminate a JOBS Plus work-site agreement if the agreement is violated by the employer or the staffing company and at the end of the month prior to the month in which a member of the eligibility group begins serving a disqualification in the SNAP Program.

(3) To be eligible to receive JOBS Plus payments, an employer must:

(a) Comply with its JOBS Plus work site agreement; and

(b) Make accurate statements on its voucher submissions to the Department.

(4) An employer may not accept or retain a Department payment made on the basis of an inaccurate voucher submission, even if the inaccuracy was unintentional.

(5) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the employer has notified the Department that the individual is no longer a JOBS Plus program participant.

(6) An employer may not accept or retain a Department payment for an individual who is no longer a JOBS Plus program participant, when the Department has notified the employer that the individual is no longer a JOBS Plus program participant.

Stat. Auth.: ORS 411.060 & 411.816
Stats. Implemented: ORS 411.060
Hist.: AFS 18-1998, f. & cert. ef. 10-2-98; SSP 8-2008, f. & cert. ef. 4-1-08

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