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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 130
EMPLOYMENT PROGRAM REQUIREMENTS

461-130-0305
General Provisions; Employment Programs
(1) This division of rules states:
(a) The requirements for a client participating in the employment programs of the Post-TANF, Pre-TANF, REF, SNAP, and TANF programs. The employment programs are the JOBS, OFSET, and REF (administered under division 193 of these rules) employment programs.
(b) The effect of a labor strike on a client's eligibility for program benefits.
(2) The following definitions apply to OAR 461-130-0305 through 461-130-0335:
(a) "Exempt" means a client who the Department determines is not mandatory for an employment program in accordance with OAR 461-130-0310.
(b) "Mandatory" means a client in the need group (see OAR 461-110-0630) who the Department determines must participate in an employment program in accordance with OAR 461-130-0310.
(c) "Volunteer" means a client who is not a mandatory client and chooses to participate in an employment program.
(3) A client must provide the information necessary for the Department to determine each of the following:
(a) The client's participation classification (see OAR 461-130-0310);
(b) The client's level of participation; and
(c) If applicable, whether a client had good cause (see OAR 461-130-0327) for any failure to meet a requirement of an employment program.
(4) In the SNAP program, a mandatory client (see OAR 461-130-0310(3)(b)) is registered for the employment program when a member of the filing group (see OAR 461-110-0370) or an authorized representative (see OAR 461-115-0090 and 461-115-0140) signs the SNAP program application.
Stat. Auth.: ORS 411.060, 411.816, 412.006, 412.009, 412.049

Stats. Implemented: ORS 411.060, 411.816, 412.006, 412.009, 412.049

Hist.: AFS 17-1998, f. & cert. ef. 10-1-98; SSP 7-2003, f. & cert. ef. 4-1-03; 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 41-2010, f. 12-30-10, cert. ef. 1-1-11
461-130-0310
Participation Classifications: Exempt,
Mandatory, and Volunteer
(1) In the Post-TANF, Pre-TANF, REF,
SNAP, and TANF programs:
(a) The Department assigns
an individual to one or more employment program participation classifications —
exempt, mandatory, and volunteer (see OAR 461-130-0305 for definitions of all three
terms).
(b) In the Post-TANF program,
an individual is classified as a volunteer.
(2) In the Pre-TANF, REF,
and TANF programs:
(a) An individual is exempt
from employment program participation and disqualification if the individual meets
the requirements of at least one of the following paragraphs. The individual is:
(A) Pregnant and in the month
before the month in which the due date of the pregnancy falls.
(B) A parent (see OAR 461-001-0000)
during the first six months after the birth of the parent's dependent child (see
461-001-0000) except that the Department may require the parent to participate in
parenting classes or a family stability activity (see 461-001-0000). An exemption
allowed under this paragraph may apply only to one mandatory participant in each
filing group (see 461-110-0310, 461-110-0330, and 461-110-0430).
(C) Under 20 years of age
during the first 16 weeks after giving birth except that the individual may be required
to participate in suitable activities with a preference for educational activities,
parenting classes, and family stability activity.
(D) A parent providing care
for a family member who is an individual with a disability (see OAR 461-001-0000)
and is in the household group (see 461-110-0210) with the parent. Medical documentation
to support the need for the care is required.
(E) An REF client 65 years
of age or older.
(F) A TANF client 60 years
of age or older.
(G) A noncitizen who is not
authorized to work in the United States.
(H) An individual who is
eligible for and receives supplemental security income (SSI) from the Social Security
Administration.
(I) A caretaker relative
(see OAR 461-001-0000) who is non-needy.
(J) An individual whose participation
is likely to cause undue hardship or is contrary to the best interests of the dependent
child or needy caretaker relative.
(K) A pregnant individual
who participates more than 10 hours per week during the two months before the month
in which the pregnancy due date falls.
(L) A VISTA volunteer.
(b) A caretaker relative
of a dependent child or unborn who receives TANF program benefits is mandatory if
the caretaker relative is in the same filing group with the dependent child or unborn
(even if the caretaker relative is not in the TANF program benefit group under OAR
461-110-0750), unless the caretaker relative is otherwise exempt from participation
under subsection (a) of this section.
(3) In the SNAP program:
(a) An individual is exempt
from employment program participation and disqualification if the individual meets
the requirements of one of the following paragraphs. The individual is:
(A) Working a minimum of
30 hours a week or earning money equal to at least the federal minimum wage multiplied
by 30 hours per week multiplied by 4.3 weeks. An individual who is self-employed
with allowable costs must meet the earnings threshold after allowing the 50 percent
deduction. This includes migrant and seasonal farm workers (see OAR 461-001-0015)
who are under contract or similar agreement with an employer or crew chief to begin
employment within 30 days.
(B) An individual with a
physical or mental condition that prevents performance of any work.
(C) Responsible for the care
of a child (see OAR 461-001-0000) in the household under 6 years of age or an individual
in the household with a disability (see 461-001-0015) that substantially reduces
or eliminates the individual's ability to care for himself or herself.
(D) Providing care for at
least 30 hours a week for an individual in another household with a disability that
substantially reduces or eliminates the individual's ability to care for himself
or herself.
(E) Enrolled at least half-time,
as defined by the school, in any high school or equivalent program recognized by
a school district or enrolled at least half-time in any school, training program,
or institution of higher education. An individual remains exempt during normal periods
of class attendance, vacation, and recess but no longer qualifies for the student
exemption when a break in enrollment occurs due to graduation, suspension or expulsion,
or when the student drops out of school or does not enroll in classes for the next
regular school term (excluding summer term).
(F) Receiving REF or TANF
program benefits.
(G) In receipt of unemployment
insurance benefits, has completed an application for unemployment insurance benefits
and is waiting for an initial decision on the claim, or is participating in at least
one of the following Employment Department training programs:
(i) The Trade Readjustment
Allowance (TRA) program serving displaced workers under the Trade Act.
(ii) The Training Unemployment
Insurance (TUI) program.
(iii) The Self-Employment
Insurance (SEA) program.
(iv) The Apprenticeship Program
(APT).
(H) Participating in a drug
or alcohol treatment and rehabilitation program.
(I) Pregnant.
(J) Lacking adequate dependent
care.
(K) Without adequate transportation
available.
(L) Experiencing a barrier
to employment, such as being homeless or having a short-term physical or mental
limitation or a serious family problem.
(b) A mandatory client is
an individual in the need group (see OAR 461-110-0630); who is 16 or 17 years of
age and a primary person (see 461-001-0015), or 18 years of age and older and 59
years of age and younger; and who is not exempt under subsection (a) of this section.
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816, 412.006, 412.009, 412.014, 412.049
Stats. Implemented: ORS 409.010,
409.750, 411.060, 411.070, 411.816, 412.006, 412.009, 412.014, 412.049
Hist.: AFS 17-1998, f. &
cert. ef. 10-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 12-2000(Temp), f.
5-1-00, cert. ef. 5-1-00 thru 9-30-00; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00;
AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05;
SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; 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 28-2009, f. & cert. ef. 10-1-09; SSP 41-2010, f.
12-30-10, cert. ef. 1-1-11; 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; SSP 39-2012(Temp), f. 12-28-12, cert.
ef. 1-1-13 thru 6-30-13; SSP 8-2013, f. & cert. ef. 4-1-13; SSP 13-2013, f.
& cert. ef. 7-1-13; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-130-0315
Requirements for Mandatory Employment Program Clients; Pre-TANF, REF, SNAP, TANF
The following provisions apply to a mandatory (see OAR 461-130-0305) client:
(1) A mandatory client selected by the Department to participate in an employment program of the Pre-TANF, REF, SNAP, or TANF program must do all of the following:
(a) Accept a bona fide offer of employment, whether temporary, permanent, full time, part time, or seasonal.
(b) Maintain employment.
(A) In the Pre-TANF, REF, and TANF programs, in accordance with OAR 461-135-0070, a client fails to maintain employment when the client:
(i) Voluntarily quits work without good cause (see OAR 461-135-0327);
(ii) Is discharged for misconduct (see OAR 461-135-0070), felony or theft; or
(iii) Voluntarily reduces earnings or does not accept an increase in hours that would result in an increase of earnings without good cause.
(B) In the SNAP program:
(i) A client meeting the requirements of subparagraph (iii) of this paragraph fails to maintain employment when the criteria in at least one of the following sub-subparagraphs is met:
(I) Voluntarily leaving a job 30 days or less prior to the date of application for SNAP benefits or at any time thereafter;
(II) Being dismissed for striking while a federal, state, or county employee; or
(III) Reducing hours of work to less than 30 each week.
(ii) The following changes in employment status do not constitute a client's failure to maintain employment:
(I) An employer reduces a client's hours of work;
(II) An employer fires a client from a job;
(III) A client terminates a self employment enterprise; and
(IV) A client resigns from a job at the demand of the employer.
(iii) Subparagraph (i) of this paragraph applies only if the client meets at least one of the following requirements. The client:
(I) Is required to register for work;
(II) Is exempt from participating in the employment program due to employment under OAR 461 130 0310(3)(a)(A);
(III) Had a job that averaged not less than 30 hours each week or had provided average weekly earnings not less than the federal minimum wage multiplied by 30 hours, and the client quit the job; or
(IV) Quits working under a JOBS Plus agreement more than twice (see OAR 461 190 0426).
(c) Schedule and keep required employment-related appointments and interviews.
(d) Notify the Department's case manager or the JOBS contractor of the reason for not keeping employment-related appointments and interviews, not attending scheduled classes and activities, or not completing case management activities. Notification must be made within three working days from the date of a missed appointment, interview, class, or activity.
(e) Provide the Department, in the manner the Department requires, with verifiable documentation of JOBS participation hours, including paid work, job search, and educational participation hours.
(f) In the SNAP program, complete all work activities and components specified on the case plan (see OAR 461-001-0020).
(g) In the REF and TANF programs, complete all activities (see OAR 461-001-0025) specified on the case plan (see OAR 461-001-0025).
(2) In the Pre-TANF, REF, and TANF programs a mandatory client who fails to meet a participation requirement without good cause (see OAR 461-130-0327) is subject to disqualification in accordance with OAR 461-130-0330 only after the re-engagement process under OAR 461-190-0231 has been completed.
Stat. Auth.: ORS 411.060, 418.045, 412.049

Stats. Implemented: ORS 411.060, 418.045, 412.049

Hist.: AFS 17-1998, f. & cert. ef. 10-1-98; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; 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 41-2010, f. 12-30-10, cert. ef. 1-1-11
461-130-0327
Good Cause; Employment Programs
In a Department employment program
administered under these rules (OAR 461-130-0305 to 461-130-0335):
(1) The Department does not
require a client to provide verification of good cause if providing the verification
would expose the client to increased risk of domestic violence (see OAR 461-001-0000).
(2) If in making a determination
under this rule a client's physical or mental impairment is in question, the Department
may require the client to provide documentation from a qualified and appropriate
medical professional.
(3) A client is excused for
good cause from a failure to comply with a requirement of an employment program,
including an activity in a case plan (both terms defined in OAR 461-001-0025) in
the following circumstances:
(a) Participation in a required
activity in a case plan would have an adverse effect on or risk to the client's
physical or mental health or would expose the client to increased risk of domestic
violence (see OAR 461-001-0000).
(b) Except in the SNAP program,
participation is likely to cause undue hardship for the dependent child (see OAR
461-001-0000) or the client.
(c) Appropriate child care,
or day care for an individual in the household who has a disability (see OAR 461-001-0000
and 461-001-0015 as applicable) that substantially reduces or eliminates the individual's
ability to care for himself or herself, cannot be obtained. "Appropriate child care"
means that:
(A) Both the provider and the
place where care is provided meet health, safety, and provider requirements as required
in OAR 461-165-0180;
(B) The care accommodates the
parent's work schedule; and
(C) The care meets the specific
needs of the dependent child, such as age and special-needs requirements.
(d) The work attachment position
or employment offered is vacant due to a strike, lockout, or other labor dispute.
(e) The work attachment position
or employment requires the client to join a union, and the client has religious
objections to unions.
(f) The client belongs to a
union and the employment violates the conditions of the client's membership in the
union.
(g) The wage for the client's
current or potential job is:
(A) Less than applicable minimum
wage; or
(B) If minimum wage laws do
not apply, the wage (rate for piece work) is less than that normally paid for similar
work.
(h) The client's prospective
employer engages in employment practices that are illegally discriminatory on the
basis of age, sex, race, religious or political belief, marital status, disability,
sexual orientation, or ethnic origin.
(i) The client's participation
in a required activity in a case plan would prevent or interfere with the client's
participation in an activity of the Grande Ronde Tribe's NEW program.
(j) The client's failure to
participate is due to a circumstance beyond his or her reasonable control.
(k) When the failure to comply
is caused by an aspect of the client's disability, including the Department's failure
to provide a reasonable accommodation.
(l) The client quits a job to
accept another job with a monthly income at least equal to the monthly income of
the first job.
(m) The Department determines
there are no appropriate activities or necessary support services (see OAR 461-001-0025)
to support an activity (see OAR 461-001-0025) in order for the client to participate.
(4) In the SNAP program, a client
is excused from not accepting employment or for leaving a job under the following
circumstances:
(a) The hours or nature of the
job interferes with the client's religious observances, convictions, or beliefs.
(b) The client accepts employment
or enrolls at least half-time in any recognized school, training program, or institution
of higher education that requires the client to quit a job.
(c) A client accepts employment
or enrolls in school in another county, requiring the benefit group to move and
the client to quit a job.
(d) A client less than 60 years
of age resigns, and the employer recognizes the resignation as retirement.
(e) The client leaves a job
to follow a type of employment that moves from one area to another, such as migrant
labor or construction.
(f) The client accepts a job
that, for reasons beyond the control of the client, does not materialize or results
in fewer work hours or a lower wage than the client's previous job.
(g) Work demands or conditions,
such as not being paid for work or not being paid on schedule, make employment unreasonable.
(h) The wage for the client's
current or potential job is less than applicable minimum wage or, if minimum wage
laws do not apply, the wage (rate for piece work) is less than that normally paid
for similar work.
(i) The work schedule for the
job in question does not conform to hours customary to the occupation or the hours
worked each week are more than those customary to the occupation.
(j) The client is not obligated
to accept a job during the first 30 days of registration for employment if the job
is not in the client's field of experience.
(k) The client has no means
of transportation and would have to walk an unreasonable distance to meet the participation
requirement. An "unreasonable distance"
is a distance that requires a commute of more than two hours each day. The client
must make a good-faith effort to secure the needed transportation.
(l) Lack of adequate child care for a child
who is six years of age or older and less than 12 years of age.
Stat. Auth.: ORS 411.060, 411.816,
412.006, 412.009, 412.049

Stats. Implemented: ORS 411.060,
411.117, 411.816, 412.006, 412.009, 412.049

Hist.: AFS 17-1998, f. &
cert. ef. 10-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 11-1999, f. &
cert. ef. 10-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; SSP 17-2004, f. &
cert. ef. 7-1-04; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; 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 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 18-2011(Temp), f. & cert. ef.
7-1-11 thru 12-28-11; SSP 34-2011, f. 12-27-11, cert. ef. 12-29-11
461-130-0328
Effect of Strikes
(1) For the purposes of this rule, "striker"
means anyone participating in a strike or concerted stoppage of work by employees
(including a stoppage by reason of the expiration of a collective-bargaining agreement)
or any concerted slowdown or other concerted interruption of operations by employees.
An individual is not a "striker" if the individual is:
(a) An employee affected
by a lockout;
(b) An individual who goes
on strike but who is exempt (see OAR 461-130-0305) from participating in an employment
program under this division of rules the day prior to the strike, unless exempt
solely on the ground that the individual is employed; or
(c) An individual who is
not part of a bargaining unit on strike and does not want to cross a picket line
due to fear of personal injury or death.
(2) In the EA and TANF programs,
a filing group (see OAR 461-110-0310) is ineligible for program benefits during
any month in which a parent (see 461-001-0000) in the filing group is a striker
(see section (1) of this rule). If any other member of the filing group is a striker,
only that individual is ineligible.
(3) In the REF program, a
filing group (see OAR 461-110-0430) is ineligible for program benefits during any
month in which a member of the filing group is a striker.
(4) In the SNAP program:
(a) A household containing
a striker is not eligible to participate in the program unless the household was
eligible for benefits the day prior to the date the member became a striker.
(b) An eligible household
is not entitled to an increased allotment as the result of a decrease in the income
of a need group (see OAR 461-110-0630) member on strike.
(c) The eligibility (see
OAR 461-001-0000) of a filing group (see 461-110-0370) containing a striker is determined
by adding to the income of the filing group members who are not strikers the greater
of the current income of the striker or the income of the striker immediately before
the strike. Deductions used to determine benefits and eligibility for a household
subject to the net income eligibility standard are calculated for the month of application
as for any other household.
(d) A striker is subject
to the registration requirements of this division of rules unless exempt from participating
in an employment program on the day of application.
Stat. Auth.: ORS 409.050, 411.060, 411.404,
411.816, 412.049
Stats. Implemented: ORS 409.050,
411.060, 411.404, 411.816, 412.049
Hist.: AFS 17-1998, f. &
cert. ef. 10-1-98; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 41-2010, f. 12-30-10,
cert. ef. 1-1-11; SSP 30-2013(Temp), f. & cert. ef. 10-1-13 thru 3-30-14; SSP
38-2013, f. 12-31-13, cert. ef. 1-1-14; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15
461-130-0330
Disqualifications; Pre-TANF,
REF, SNAP, TANF
(1) In the Pre-TANF,
REF, SNAP, and TANF programs, the Department may not disqualify from program benefits
a client who is a volunteer (see OAR 461-130-0305) participant in an employment
program.
(2) In the
Pre-TANF, REF, and TANF programs, a mandatory (see OAR 461-130-0305) client who
fails to comply with an employment program participation requirement and does not
have good cause (see OAR 461-130-0327) for the failure to comply is subject to disqualification
under this rule only after the requirements of all of the following subsections
are met:
(a) The client
has had the opportunity to participate in the re-engagement process under OAR 461-190-0231;
(b) The Department
has determined the client is willfully non-compliant and does not have good cause
for failing to comply with a requirement of the program;
(c) The Department
has offered (and the client has refused) or conducted screenings (and assessed if
appropriate) for physical or mental health needs, substance abuse, domestic violence,
and learning needs;
(d) The Department
has determined the client has no barriers (see OAR 461-001-0025) or refuses to take
appropriate steps to address identified barriers;
(e) The Department
has determined the client has not met federally required participation rates (see
OAR 461-001-0025); and
(f) The Department
has assessed for any risk of harm posed to the children by a reduction in cash assistance.
(3) In the
REF and TANF programs, the effects of a JOBS disqualification are progressive. There
are two levels of disqualification. Once a disqualification is imposed, it affects
benefits according to the following schedule until the disqualification ends in
accordance with OAR 461-130-0335:
(a) At the
first level, the penalty is removal of the disqualified client from the need group
(see OAR 461-110-0630) for up to three months or until the client has completed
the two-consecutive week cooperation period.
(b) At the
second level, the need group receives no cash benefit in the program for one month.
(c) At the
first or second level of disqualification, the penalty may cause the need group
to be over income for REF or TANF program benefits (see OAR 461-160-0100).
(d) At the
end of the second level, program benefits are closed and the filing group may not
receive program benefits for the following two consecutive months. This may be prevented
if the disqualified client:
(A) Contacts
a representative of the Department in order to re-engage in the JOBS program prior
to the end of the second level; and
(B) Begins
the two consecutive weeks of cooperation as outlined in section (4) of OAR 461-130-0335
prior to the end of the second level; or
(C) Is no
longer a member of the household group (see OAR 461-110-0210 and 461-130-0335(2));
or
(D) Is unable
to participate because there are no appropriate activities (see OAR 461-001-0025)
or support services (see OAR 461-001-0025) necessary to support the activity (see
OAR 461-001-0025).
(4) In the
SNAP program:
(a) A mandatory
client who fails to comply with the requirements of an employment program is subject
to disqualification. A disqualified client is removed from the need group until
he or she meets the employment program requirements and serves the applicable progressive
disqualification under the following subsections:
(A) One calendar
month for the first failure to comply.
(B) Three
calendar months for the second failure to comply.
(C) Six calendar
months for the third and subsequent failures to comply.
(b) A client
who is exempt (see OAR 461-130-0305) from participation in the SNAP employment program
because he or she is a mandatory participant in the JOBS program, receiving unemployment
compensation benefits, or has applied for unemployment compensation benefits and
is waiting on an initial decision must comply with the requirements of those programs.
If the client fails to comply with the requirements of the applicable program the
client is disqualified from receiving SNAP benefits, unless he or she can show good
cause under OAR 461-130-0327.
Stat. Auth.: ORS
411.060, 411.816, 412.009, 412.049

Stats. Implemented:
ORS 411.060, 411.816, 412.009, 412.049

Hist.: AFS
17-1998, f. & cert. ef. 10-1-98; AFS 2-1999, f. 3-26-99, cert. ef. 4-1-99; AFS
9-1999, f. & cert. ef. 7-1-99; SSP 7-2003, f. & cert. ef. 4-1-03; SSP 17-2004,
f. & cert. ef. 7-1-04; SSP 7-2005, f. & cert. ef. 7-1-05; 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 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 26-2011(Temp), f. 9-30-11, cert.
ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 25-2012,
f. 6-29-12, cert. ef. 7-1-12; SSP 37-2012, f. 12-28-12, cert. ef. 1-1-13
461-130-0335
Removing Disqualifications and Effect
on Benefits
(1) An applicant who would be subject
to an employment program disqualification under OAR 461-130-0330 but withdraws the
application before benefits are approved is not subject to disqualification.
(2) In the REF, SNAP, and
TANF programs, a filing group (see 461-110-0330, 461-110-0370, and 461-110-0430)
is not subject to the impact of a disqualification for a disqualified member who
has left the household group (see 461-110-0210). If the member joins another filing
group, that group is subject to the member's most recent disqualification.
(3) In the REF and TANF programs,
an individual disqualified for failure to meet the requirements of an employment
program under division 190 of these rules:
(a) At the first level of
disqualification must cooperate for two consecutive weeks with each activity (see
OAR 461-001-0025) specified in the individual's current or revised case plan (see
461-001-0025) before the Department may remove the disqualification. Cash benefits
are restored effective the date the individual completes the two consecutive week
cooperation period.
(b) When the second level
of disqualification ends, TANF program benefits are closed for two consecutive months,
unless the individual begins two consecutive weeks of cooperation with each activity
specified in the individual's current or revised case plan before the end of the
second level. If the individual completes the two consecutive weeks of cooperation,
cash benefits are restored effective the date the individual completes the two consecutive
week cooperation period.
(c) Cash benefits are restored
effective the date it is determined, by the Department, there are no appropriate
activities or support services (see OAR 461-001-0025) necessary to support the activity
available in order for the individual to demonstrate participation.
(4) In the REF and TANF programs,
a disqualification ends when:
(a) The Department changes
the participation classification of the disqualified individual to exempt (see 461-130-0305);
(b) The individual complies
with the requirements of the employment program (see section (3) of this rule);
or
(c) REF or TANF program benefits
are closed for a reason other than described in OAR 461-130-0330(3)(d).
(5) In the SNAP program,
the disqualification ends the first day of the month following the month in which
information is provided to the Department justifying the change in the individual's
participation classification, even if the date falls within the disqualification
period provided in OAR 461-130-0330(4).
Stat. Auth.: ORS 409.050, 411.060, 411.070,
411.816, 412.009, 412.049
Stats. Implemented: ORS 409.010,
409.050, 411.060, 411.070, 411.816, 411.825, 411.837, 412.009, 412.049
Hist.: AFS 17-1998, f. &
cert. ef. 10-1-98; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; SSP 15-2006, f. 12-29-06,
cert. ef. 1-1-07; 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 26-2008, f. 12-31-08, cert. ef. 1-1-09;
SSP 41-2010, f. 12-30-10, cert. ef. 1-1-11; SSP 26-2011(Temp), f. 9-30-11, cert.
ef. 10-1-11 thru 3-29-12; SSP 35-2011, f. 12-27-11, cert. ef. 1-1-12; SSP 37-2012,
f. 12-28-12, cert. ef. 1-1-13; SSP 24-2015, f. 9-29-15, cert. ef. 10-1-15

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