461-130-0327 Effective 07/18/23 - Technical Amendment
In a Department program administered under OAR 461-130-0305 to OAR 461-130-0335 and OAR 461-135-0085 and OAR 461-135-0089:
- The Department does not require a participant to provide verification of "good cause" if providing the verification would expose the participant to increased risk of domestic violence (see OAR 461-001-0000).
- If in making a determination under this rule a participant's physical or mental impairment is in question, the Department may require the participant to provide documentation from a qualified and appropriate medical professional.
- A participant is granted “good cause” and not held to a penalty for failure to comply with a work program requirement, including an activity in a case plan (both terms defined in OAR 461-001-0025) in the following circumstances:
- Participation in a required activity in a case plan would have an adverse effect on or risk to the participant’s physical or mental health or would expose the participant to increased risk of domestic violence (see OAR 461-001-0000).
- Except in the SNAP program, participation is likely to cause undue hardship for the dependent child (see OAR 461-001-0000) or the participant.
- 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 --
- Both the provider and the place where care is provided meet health, safety, and provider requirements as required in OAR 414-175-0080;
- The care accommodates the parent's work schedule; and
- The care meets the specific needs of the dependent child, such as age and special-needs requirements.
- Child care, or day care for an individual in the household group (see OAR 461-110-0210) who has a disability (see OAR 461-001-0000) that substantially reduces or eliminates the individual's ability to care for themselves, cannot be obtained within a reasonable distance. “Reasonable distance” means that the parent’s total travel time from home to the child care provider and the workplace or JOBS activity will be no more than one hour either way unless a longer commute time is customary in the community.
- The only child care, or day care for an individual in the household group who has a disability that substantially reduces or eliminates the individual's ability to care for themselves, that is available to the participant or in the participant’s area is considered informal and unsuitable. “Informal and unsuitable” means the Department has not approved a provider as meeting its background check and health and safety standards (“informal”), and the criteria for appropriate child care in subsection (c) of this section are not met (“unsuitable”).
- Affordable child care arrangements, or day care for an individual in the household group who has a disability that substantially reduces or eliminates the individual's ability to care for themselves, cannot be obtained. “Affordable child care arrangements” means the expense to the parent or parents is less than ten percent of countable (see OAR 461-001-0000) income of the financial group (see OAR 461-110-0530).
- The work attachment position or employment offered is vacant due to a strike, lockout, or other labor dispute.
- The work attachment position or employment requires the participant to join a union, and the participant has religious objections to unions.
- The participant belongs to a union and the employment violates the conditions of the participant’s membership in the union.
- The wage for the participant’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.
- The participant’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.
- The participant’s engagement in a required activity in a case plan would prevent or interfere with the participant’s engagement in an activity of the Confederated Tribes of Grand Ronde’s NEW program.
- The participant’s failure to engage is due to a circumstance beyond the participant’s reasonable control.
- When the failure to comply is caused by an aspect of the participant’s disability, including the Department's failure to provide a reasonable accommodation.
- The participant quits a job to accept another job with a monthly income at least equal to the monthly income of the first job.
- 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 participant to engage.
- In the REF program:
- If the participant has no means of transportation and would have to walk an unreasonable distance to engage in their plan. An "unreasonable distance" is a distance that requires a commute of more than two hours each day.
- If the hours or nature of the job interferes with the participant’s religious observances, convictions, or beliefs.
- The service requirement or work site is in violation of applicable federal, state, or local health and safety standards.
- The daily hours of work and the weekly hours of work exceed those customary to the occupation.
- The participant enrolls into a registered pre-apprenticeship program approved by Bureau of Labor and Industries (BOLI).
- For a reason not found in subsections (3)(a) through (3)(r) of this rule that the Department has determined is "good cause."
- In the SNAP program, a participant is excused from not accepting employment or for leaving a job under the following circumstances:
- The hours or nature of the job interferes with the participant’s religious observances, convictions, or beliefs.
- The participant accepts employment or enrolls at least half-time in any recognized school, training program, or institution of higher education that requires the participant to quit a job.
- A participant accepts employment or enrolls in school in another county, requiring the benefit group (see OAR 461-110-0750) to move and the participant to quit a job.
- A participant less than 60 years of age resigns, and the employer recognizes the resignation as retirement.
- The participant leaves a job to follow a type of employment that moves from one area to another, such as migrant labor or construction.
- The participant accepts a job that, for reasons beyond the control of the participant, does not materialize or results in fewer work hours or a lower wage than the participant’s previous job.
- Work demands or conditions, such as not being paid for work or not being paid on schedule, make employment unreasonable.
- The wage for the participant’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.
- 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.
- The participant 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.
- The participant 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 participant must make a good-faith effort to secure the needed transportation.
- Lack of adequate child care for a child who is six years of age or older and less than 12 years of age.
- In the SNAP program, a participant may be excused from not meeting ABAWD work requirements (OAR 461-135-0520). “Good cause” may be granted to remove a countable month if a participant has been cooperating with their case plan (see OAR 461-001-0020), but is unable to complete the requirements due to one or more of the following unexpected circumstances. The circumstance must be beyond the control of the participant and occur during the countable month:
- Inclement weather.
- Transportation difficulties.
- Illness impacting ability to work.
- Tragic loss.
Statutory/Other Authority: ORS 409.050, 411.060, 411.816, 412.006, 412.009, 412.049
Statutes/Other Implemented: ORS 409.010, 411.060, 411.117, 411.816, 412.006, 412.009, 412.049, 7 USC 2015, 7 USC 2029, 7 CFR 273.7, 7 CFR 273.24, 45 CFR 261.56