Or. Admin. Code § 461-130-0315

Current through Register Vol. 63, No. 11, November 1, 2024

Section 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 programs must do all of the following:

(a) In the Pre-TANF or TANF programs, a JOBS eligible (see OAR 461-130-0310) individual must:

(A) Accept a bona fide offer of employment, whether temporary, permanent, full time, part time, or seasonal.

(B) Schedule and keep required employment-related appointments and interviews.

(C) 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 (see OAR 461-001-0025).

(D) 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.

(E) In the TANF program, complete each activity (see OAR 461-001-0025) specified on the case plan (see OAR 461-001-0025).

(b) In the REF program, an REP individual must:

(A) Accept a bona fide offer of employment, whether temporary, permanent, full time, part time, or seasonal.

(B) Schedule and keep required employment-related appointments and interviews.

(C) Notify the Department's case manager or the REP 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.

(D) Provide the Department, in the manner the Department requires, with verifiable documentation of REP participation hours, including paid work, job search, and educational participation hours.

(E) Complete each activity specified on the case plan.

(c) In the SNAP program:

(A) Register for the SNAP Employment and Training program (see OAR 461-130-0305).

(B) Assist the Department in the exempt (see OAR 461-130-0305) or mandatory determination.

(C) Accept a bona fide offer of employment, whether temporary, permanent, full-time, part-time, or seasonal.

(D) Maintain employment:

(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 filing date (see OAR 461-115-0040) for SNAP benefits as provided in OAR 461-135-0521 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 as defined in OAR 461-135-0521.

(ii) The following changes in employment status do not constitute 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) 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 without good cause (see OAR 461-130-0327); or

(II) Quits working under a JOBS Plus agreement more than twice (see OAR 461 190 0426).

(E) An ABAWD residing in one of the SNAP time limit areas (see OAR 461-135-0520) must do all of the following:

(i) Schedule and keep required employment-related appointments and interviews.

(ii) Complete all work activities and components specified in the case plan (see OAR 461-001-0020).

(iii) Provide the Department, in the manner required, with verifiable documentation of participation hours.

(iv) Notify the Department or the SNAP Employment and Training contractor of the reason for not doing the employment-related activities as set forth on the case plan.

(2) In the Pre-TANF and TANF programs, a JOBS eligible individual who fails to meet a participation requirement without good cause 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.

(3) In the REF program, an REP individual who fails to meet a participation requirement without good cause 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.

Or. Admin. Code § 461-130-0315

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; SSP 15-2016, f. & cert. ef. 4/1/2016; SSP 35-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 45-2016, f. 12-20-16, cert. ef. 1/1/2017; 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 25-2019, amend filed 12/24/2019, effective 1/1/2020

Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.009 & 412.049

Statutes/Other Implemented: ORS 409.010, 411.060, 411.816, 412.009 & 412.049