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The Oregon Administrative Rules contain OARs filed through July 15, 2014
 
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DEPARTMENT OF VETERANS' AFFAIRS

 

DIVISION 10

EDUCATIONAL AID

 

274-010-0100

Definitions for 274-010-0100 to 274-010-0175

As used in these regulations or any amendments to them, or in any blank form, document, publication, or written instrument of any kind prescribed, provided, published, issued, or used by the Director or any of his duly authorized agents or employees in connection with the administration of the provisions of ORS 408.010 to 408.110, unless otherwise required by context:

(1) "Active Duty" or "Active Service" means that status in the Armed Forces in which the person on "active duty" is under the command of military or naval authorities, subject to military or naval discipline and on active duty pay status in the respective arm or branch of the Armed Forces in which the person is serving.

(a) Members of the reserve components of the Armed Forces, persons on a retired status in the military or naval forces of the United States, Cadets at West Point, Air Force Academy, and United States Coast Guard Academy and Midshipmen at the Naval Academy were on active duty only after reporting for active duty;

(b) Members of the National Guard were on active duty only after having been activated under Title 10 of the United States Code of Federal Regulations;

(2) "Armed Forces" means and includes:

(a) Army;

(b) Navy;

(c) Marines;

(d) Air Force;

(e) Coast Guard;

(f) Coast and Geodetic Survey (while serving with Army or Navy);

(g) Commissioned Officers of Public Health Service while serving with Army, Navy, Marine Corps, or Coast Guard.

(3) "Beneficiary" means any person eligible for educational aid as defined in ORS 408.010.

(4) "Veteran" means any person who served on active duty with the Armed Forces of the United States as defined in ORS 408.225.

(5) "Under Honorable Conditions" means that the official documents of discharge, service, or separation issued upon the termination of the veteran's active duty service with the Armed Forces are characterized as one of the following:

(a) "Honorable"; or

(b) "General” also known as “General Under Honorable Conditions".

(6) "Alien" means any person who is not a citizen of the United States.

(7) "Alien Enemy" means any person who is a citizen of any nation, country, or state, or ally thereof, with which the United States is at war.

(8) "Conscientious Objector" means any person who during his period of service refused on conscientious, political, or other grounds to subject himself to full military discipline and unqualified service.

(9) "Combat Zone" means any area designated by the President of the United States by executive order in which the Armed Forces of the United States or any subdivision thereof are or have engaged in combat.

(10) "Other Like Training Program" means college training while in service, which compares with the civilian professional training for which college credit was, or could be, obtained to apply toward graduation from an approved institution of higher learning.

(11) "Domicile" or "Residence" means that place which a person intends as their fixed place of abode or habitation; which they consider to be their permanent home; and to which, whenever away, they always intend to return:

(a) Temporary absence from the state does not destroy domicile;

(b) Temporary presence in the state without an intention to establish a permanent home does not support a contention of being domiciled within the state.

(12) "Accredited Institution" means any institution where training is offered that has been certified as meeting the minimum requirements prescribed by the accrediting agency having jurisdiction over standards of uniformity and accreditation (the State Department of Education).

(13) "Approved Course of Study or Vocational Training" means any course of training outlined in the material submitted to and approved by the State Department of Education.

(14) "Full Time College Course" means that the particular course has met the following standards:

(a) "Full time" — As defined by the approved institution where the course is being pursued;

(b) "College" — An institution fully accredited by the appropriate accrediting agency, as recognized by the State Approving Agency (the State Department of Education).

(15) "Current Term" means:

(a) Fall, winter, spring, or summer term in those institutions operating on a term or quarter basis;

(b) First or second semester or summer session in those institutions operating on a semester or half year basis; or

(c) Not later than six weeks following enrollment in a training institution where training is a continuous program, not divided into terms or semesters.

(16) "Executive Head of the Institution" means:

(a) The President of the University or College;

(b) The Principal of the School;

(c) The Director of the Training establishment; or

(d) The person or persons to whom the executive head of the institution has delegated authority to act in his stead.

Stat. Auth.: ORS 408, 2013 HB 2633
Stats. Implemented: ORS 408.010–408.090, 2013 HB 2633
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 32, f. 12-2-65, ef. 12-25-65; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93; DVA 1-2006, f. & cert. ef. 1-27-06; DVA 3-2007, f. & cert. ef. 9-25-07, DVA 2-2013, f. & cert. ef. 7-8-13

274-010-0105

Who May Apply for Educational Aid

Any person who qualifies as a beneficiary under the provisions of ORS 408.010 is eligible to apply for educational aid.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - ORS 408.030
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93

 

274-010-0115

Evidence Required to Establish Eligibility

Eligibility Form 1004-M shall be submitted to the Department of Veterans' Affairs accompanied by:

(1) Certified copy of evidence of separation.

(2) Proof of current Oregon residence.

(3) Proof of change in name:

(a) Where veteran's name has been legally changed since discharge, a certified copy of the Court Order, marriage certificate, or divorce decree will be furnished to the Department of Veterans' Affairs;

(b) Where veteran's name has been changed, but not legally, an affidavit from the veteran and affidavits from at least two disinterested persons will be required to show such change.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - 408.040
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93; DVA 1-2006, f. & cert. ef. 1-27-06

 

274-010-0120

Applications

(1) All applications for educational aid shall be made upon Form ED-1 (Application Form), and shall be filed with the head of the training institution involved.

(2) Upon approval of training, the head of the institution shall forward the application to the Department of Veterans' Affairs.

(3) When an application is made for benefits to attend a course which may be considered an avocation or recreational in nature, or for a single subject course which is not directly related to the student's educational objective, the applicant shall include with the usual application a statement indicating how the desired courses will better prepare him to engage in a more gainful occupation.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - 408.040
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93; DVA 1-2006, f. & cert. ef. 1-27-06

274-010-0125

Evidence Required for Out-Of-State Attendance

Where the applicant requests educational aid for out-of-state attendance, the following information, in addition to that required by OAR 274-010-0120, shall accompany the usual application, in order to satisfactorily show the necessity for this attendance:

(1) A detailed statement of the required academic course, which shall include a resume of the student's educational background and experience as well as any additional information about the qualifications of the out-of-state school to provide the required training.

(2) When possible, the application should be accompanied by a statement from the Oregon institution where the applicant had previously attended or that would be most likely to offer the required training, certifying that the particular training required is not presently available.

(3) A statement from the out-of-state school confirming the enrollment of the applicant in the particular course as outlined.

(4) Evidence through school catalog or official certification, that the out-of-state school is fully accredited within its state to offer the required course.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - ORS 408.070
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57

 

274-010-0130

Time for Filing Application

(1) Applications shall be submitted promptly following registration, or prior thereto for the courses or training for which aid is requested.

(2) Payments may be retroactive to the beginning of the school term only if the applicant provides justifiable reasons for the delay in making application. Being unaware of the educational aid program will not in itself be sufficient grounds for considering retroactive payments.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - ORS 408.070
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57

274-010-0135

Additional Information and Evidence

The Department of Veterans' Affairs may, in addition to the information and evidence specified in the application, instructions, or rules and regulations, require such additional information and evidence as he deems necessary to establish the applicant's eligibility.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - 408.070
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 1-2006, f. & cert. ef. 1-27-06

274-010-0145

Computation of Payments

The following factors shall be used in computing the amount payable to the beneficiary:

(1) Length of service shall be computed in full months.

(2) For each month of active military service, not exceeding 36 months, claimant shall be entitled to receive:

(a) Up to $150 per month for each month of full-time study or professional training;

(b) Up to $100 per month for each month of part-time study or professional training.

(3) One month of entitlement will be deducted for each monthly payment covering any part of a calendar month.

(4) Payment for attendance shall be at the discretion of the Director and based on enrolled curriculum.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.020, 408.050, 408.060
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 32, f. 12-2-65, ef. 12-25-65; DVA 1-2006, f. & cert. ef. 1-27-06; DVA 2-2007, f. & cert. ef. 9-24-07

274-010-0155

Approval to Receive Benefits

(1) The Department of Veterans' Affairs shall determine the applicant's eligibility to receive benefits.

(2) The Department of Veterans' Affairs shall then determine:

(a) That the institution of learning is accredited and qualified to provide the training;

(b) That the tuition and other charges are reasonable;

(c) That the beneficiary has qualifications to pursue the course of training;

(d) That the course of training, is satisfactorily completed, is likely to enable the beneficiary to become a more useful citizen.

(3) If all the conditions provided in section (2) of this rule are met, the Department of Veterans' Affairs shall approve the application.

(4) Where a satisfactory showing is made that the required training is not available at an approved Oregon institution, the Department of Veterans' Affairs shall permit the applicant to attend an out-of-state school or college.

(5) Upon approval of the application by the Department of Veterans' Affairs, benefits are payable:

(a) Beginning with the first day of applicant's attendance, subject to conditions under OAR 274-010-0120(2); or

(b) Beginning on the date application is filed with executive head of the institution. If the applicant has failed to file promptly following registration and the delay is found to be caused by inexcusable oversight or neglect.

Stat. Auth.: ORS 408

Stats. Implemented: ORS 408.025 - 408.070

Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 1-2006, f. & cert. ef. 1-27-06

274-010-0160

Reports by Executive Head of Educational Institution

On or before the tenth day of each calendar month, the executive head of each institution of learning shall submit certified copies of Form 1006-M (Statement of Educational Aid), containing the following information.

(1) Name of each beneficiary;

(2) Amount of training; and

(3) Progress.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.050
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 9-1993, f. 9-13-93, cert. ef. 11-4-93; DVA 1-2006, f. & cert. ef. 1-27-06

274-010-0165

Lost, Stolen, or Destroyed Warrant

If educational aid warrant is lost, stolen, or destroyed before negotiation, beneficiary may obtain payment of by furnishing to the State Treasurer evidence that value has not been received and an acceptable indemnity bond.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.060
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57

274-010-0170

Addition, Amendment, or Repeal of Rules or Regulations

These rules and regulations shall have the effect of law and shall be binding in all instances on persons making application for educational aid, under ORS 408.010 to 408.090, but if any part of these regulations are found to be void or illegal, such illegality shall not affect the remaining provisions of the rules and regulations.

Stat. Auth.: ORS 408
Stats. Implemented: ORS 408.010 - 408.090
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 32, f. 12-2-65, ef. 12-25-65; DVA 1-2006, f. & cert. ef. 1-27-06; DVA 3-2007, f. & cert. ef. 9-25-07

274-010-0175

Procedure for Hearings

(1) Any interested person may petition the director requesting the promulgation, amendment, or repeal of any rule.

(a) Petition shall be in writing and shall set forth the requested change in detail;

(b) Director shall set time for hearing and shall notify petitioner of same;

(c) Petitioner may present any evidence he deems necessary in support of his request; and

(d) The final determination shall be made by the director.

(2) Any applicant making application for educational aid may request a review of the Department of Veterans' Affairs' decisions pertaining to educational benefits by filing a petition with the director.

(a) Petition shall be in writing and signed by or on behalf of the applicant. Petition shall contain a statement of facts requesting specific relief and sufficient information to indicate that the applicant is entitled to relief;

(b) Director shall set the time and place for a hearing and shall notify the applicant of same;

(c) Applicant may present any evidence he deems necessary in support of his request at the hearing; and

(d) The final determination shall be made by the director.

Stat. Auth.: ORS 183 & 408
Stats. Implemented: ORS 408.040, 408.050 & 408.060
Hist.: DVA 22, f. 11-15-57, ef. 11-14-57; DVA 32, f. 12-2-65, ef. 12-25-65; DVA 6-1996, f. & cert. ef. 7-22-96; DVA 1-2006, f. & cert. ef. 1-27-06

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