Or. Admin. Code § 461-115-0190

Current through Register Vol. 63, No. 11, November 1, 2024
Section 461-115-0190 - Application Processing Time Frames; Not Pre-TANF or SNAP
(1) In all programs except the EA, Pre-TANF, REF, SFPSS, SNAP, TA-DVS, and TANF programs, the Department determines eligibility and sends a decision notice (see OAR 461-001-0000) not later than the 45th day after the date of request (see OAR 461-115-0030). The Department may extend the period if one or more of the following subsections applies:
(a) Information needed to determine eligibility is expected to be received after the 45-day deadline, and the client has no control over the information.
(b) Other circumstances beyond the control of the client prevent the Department from making the decision within the 45-day period.
(c) In the OSIPM program, the applicant has met all eligibility requirements except the Department must determine whether the applicant is blind or has a disability. In this case, the Department determines eligibility and sends a decision notice not later than the 90th day after the date of request. The Department may extend this period for any of the following reasons:
(A) The Department cannot reach a decision because the client or an examining physician or psychologist has not taken an action necessary for the decision to be made.
(B) There is an administrative or other emergency beyond the Department's control that impairs its ability to make the decision.
(2) In the EA program, the Department determines eligibility within one working day of the date of application or as soon thereafter as verification of emergent need is completed. Verification of all other factors may be waived if it would delay the client's receipt of assistance.
(3) For support service payments in the JOBS program (authorized by OAR 461-190-0211) and in the SFPSS program, the Department determines eligibility as follows:
(a) If the participant is receiving an SFPSS or TANF grant, the eligibility for support services payments must be determined in time to meet the need and not later than the 30th day following the request for support services.
(b) If the participant is not covered by subsection (a) of this section, in time to meet the need for which the request is made.
(4) In REF and TANF programs, the Department determines eligibility and sends a decision notice (see OAR 461-001-0000) not later than the 30th day after the filing date (see OAR 461-115-0040).
(5) In the TANF program, the Department may extend the period if one or more of the following subsections applies:
(a) Information needed to determine eligibility is expected to be received after the 30-day deadline, and before the 45th day, and the participant has no control over the information.
(b) Other circumstances beyond the control of the participant prevent the Department from making the decision within the 30-day period, but not more than a 45-day period.
(6) In the TA-DVS program:
(a) The Department assesses the safety concerns of the participant and offering options to the participant for addressing immediate safety needs within eight working hours of receiving the application.
(b) The Department makes an eligibility determination within 16 working hours after receiving a completed application as defined in OAR 461-115-0020.

Or. Admin. Code § 461-115-0190

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 12-1990, f. 3-30-90, cert. ef. 4-1-90; AFS 3-1991(Temp), f. & cert. ef. 1-17-91; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 8-1992, f. & cert. ef. 4-1-92; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 9-1997, f. & cert. ef. 7-1-97; AFS 8-1998, f. 4-28-98, cert. ef. 5-1-98; AFS 9-1999, f. & cert. ef. 7-1-99; AFS 1-2000, f. 1-13-00, cert. ef. 2-1-00; AFS 34-2000, f. 12-22-00, cert. ef. 1-1-01; AFS 22-2001, f. & cert. ef. 10-1-01; SSP 22-2004, f. & cert. ef. 10-1-04; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07; SSP 10-2007, f. & cert. ef. 10-1-07; 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 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 22-2017, f. 9-8-17 & cert. ef. 10/1/2017; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; SSP 4-2024, minor correction filed 02/21/2024, effective 2/21/2024

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411, 070, 411.404, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented: ORS 329A.500, 409.010, 411.060, 411.070, 411.404, 412.014, 412.049 & 412.072