2007 Oregon Code - Chapter 406 :: TITLE 33
TITLE 33
PRIVILEGES
AND BENEFITS OF VETERANS AND SERVICE PERSONNEL
Chapter 406. Department of Veterans Affairs
407. Veterans Loans
408. Miscellaneous Benefits for Veterans and
Service Personnel
_______________
Chapter 406
Department of Veterans Affairs
2007 EDITION
DEPARTMENT OF VETERANS AFFAIRS
BENEFITS OF VETERANS AND SERVICE PERSONNEL
DEPARTMENT OF VETERANS AFFAIRS
406.005 Department
of Veterans Affairs; duties; rules
406.010 Definition
of director
406.020 Director
of Veterans Affairs; appointment; confirmation
406.030 Administration
of veterans laws
406.040 General
powers and duties of department
406.050 Additional
powers and duties of director or department; rules; service charges
406.060 Use
of services and facilities of other state agencies
406.070 Director
to qualify and furnish bond; reimbursement for expenses; location of office
406.085 Revolving
account for department when acting as conservator or personal representative of
estate of veteran
406.090 Sections
not affected by parts of this chapter
406.100 Claims
against estate by department when acting as conservator
406.110 Waiver
of claims
406.120 Conservatorship
Services Account; sources; use
406.130 Veterans
Services Account; uses
ADVISORY COMMITTEE
406.210 Function
of advisory committee; appointment, qualifications and term of members;
chairperson; nominations by veterans organizations to fill vacancies
406.215 Additional
duties of advisory committee
406.217 Duties
of director concerning advisory committee
406.220 Meetings
and reports
406.230 Compensation
and expenses of members
RELATIONS WITH VETERANS ORGANIZATIONS
406.310 Director
authorized to aid veterans organizations
406.320 Qualification
of veterans organization for state aid
406.330 Power
to establish regulations for aid program
406.340 Director
authorized to accept voluntary services
406.448 Definition
of survivor of a veteran
406.450 Services
provided by county veterans service officers
406.452 State
certification program for veterans service officers; rules
406.454 Distribution
formula; rules
406.456 Rules
406.458 Consultation
with Association of Oregon Counties
406.460 Limitation
on use of funds by county governing body; exceptions
406.462 Distribution
of moneys by Director of Veterans Affairs
DEPARTMENT OF VETERANS AFFAIRS
406.005
Department of Veterans Affairs; duties; rules. (1) The Department of Veterans Affairs is
established.
(2) The department is under the
supervision and control of a director appointed as provided in ORS 406.020.
(3) The department is responsible for the
administration of federal and state laws relating to veterans.
(4) The department, with the advice of the
Advisory Committee created under ORS 406.210, shall adopt rules that the
department considers necessary to carry out the provisions of ORS chapters 406,
407 and 408 and ORS 88.710 to 88.740 and 174.105. [2005 c.625 §1; 2007 c.44 §1]
Note: 406.005 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 406 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
406.010
Definition of director. As
used in this chapter, director means Director of Veterans Affairs. [Amended
by 2005 c.22 §269]
406.020
Director of Veterans Affairs; appointment; confirmation. The Department of Veterans Affairs shall be
under the supervision and control of the Director of Veterans Affairs. The
Governor shall appoint the director subject to confirmation by the Senate in
the manner provided in ORS 171.562 and 171.565. The appointment may not be made
without the written approval of the Advisory Committee provided for in ORS
406.210. The director shall be a war veteran, chosen on the basis of executive
and administrative ability. [Amended by 1973 c.792 §14; 2005 c.625 §5]
406.030
Administration of veterans laws. (1) The Director of Veterans Affairs, in the performance of the
duties of the director, shall organize and coordinate the administration of all
present and future federal and state laws pertaining to veterans, their
spouses, dependents and survivors in this state.
(2) As used in this section, survivor
means the spouse and dependents of a deceased veteran. [Amended by 1971 c.221 §1;
1985 c.790 §4; 1991 c.441 §5; 1999 c.45 §1; 2001 c.104 §140; 2005 c.625 §6;
2007 c.44 §2]
406.040
General powers and duties of department. The powers, authority and duties relating exclusively to war veterans
affairs now or hereafter imposed by law upon any officer or agency of this
state, are hereby also granted to and imposed upon the Department of Veterans
Affairs. Subject to ORS 406.090, the department shall be responsible for and
shall supervise the administration of all such laws. The department may employ
such personnel as may be necessary to carry into effect the purposes of this
chapter and may prescribe the duties and responsibilities of all such
employees. [Amended by 2005 c.625 §7]
406.050
Additional powers and duties of director or department; rules; service charges. In addition to other powers and duties, the
Director of Veterans Affairs or the Department of Veterans Affairs is
authorized:
(1) To cooperate with officers and
agencies of the
(2) To accept grants, donations and gifts
on behalf of this state for veterans welfare from any person, corporation,
government or governmental agency. Grants, donations and gifts so received
shall be deposited with the State Treasurer and credited to a trust fund.
Moneys in the trust fund are continuously appropriated to the department and
expendable for the purposes specified in subsections (3) and (4) of this
section. Interest earned on the moneys in the trust fund created under this
subsection shall accrue to the trust fund.
(3) To expend all or any portion of a
grant, donation or gift for the purposes specified in the grant, donation or
gift.
(4) To expend all or any portion of a
grant, donation or gift in the trust fund created under subsection (2) of this
section for the administration of ORS 406.010 to 406.070, 406.090, 406.210,
406.220 and 406.340 and for the administration and purposes of ORS 408.368
when:
(a) The department determines that the
purpose specified in the grant, donation or gift has been satisfied, or is not
feasible or appropriate; or
(b) The grant, donation or gift specifies
no purpose.
(5) To donate or otherwise transfer all or
any portion of a grant, donation or gift to other persons, corporations or
entities engaged in serving veterans if the department determines that the
nature of the grant, donation or gift makes use by the department or conversion
to cash for use by the department not feasible or appropriate.
(6) To act as agent or attorney in fact
for any war veteran and the dependents or beneficiaries of any war veteran
relating to rights under any federal or state law.
(7) To act without bond as conservator of
the estate of:
(a) A person who qualifies for benefits
from the United States Department of Veterans Affairs.
(b) A dependent, an immediate family
member, a survivor or a former spouse who has not remarried of a person who
qualifies for benefits, or who qualified for benefits while alive, from the
United States Department of Veterans Affairs, as those persons are defined by
rule by the director.
(8) On behalf of the State of Oregon to
extend such assistance as the Department of Veterans Affairs shall determine
to be reasonably required to any war veteran and to the dependents of any such
war veteran, in the prosecution of any claim or claims before the United States
Department of Veterans Affairs, or any other federal or state agency, the
securing of employment or relief and any other benefits to which they might be
entitled. The Department of Veterans Affairs may adopt rules and regulations
with respect to all matters of administration to carry into effect the purposes
of this section.
(9) To require and collect such reasonable
service charges as the Department of Veterans Affairs deems necessary and
expedient to carry out a duty, or to exercise a power or authority, conferred
on the department by law. [Amended by 1965 c.374 §1; 1967 c.172 §1; 1973 c.823 §127;
1987 c.425 §5; 1991 c.67 §94; 1995 c.106 §1; 1999 c.52 §1; 2001 c.102 §1; 2003
c.152 §1; 2005 c.625 §8]
406.060
Use of services and facilities of other state agencies. The Department of Veterans Affairs may
utilize the services and facilities of any state agency in the course of
administration of any law of this state enacted for the benefit and welfare of
war veterans and their dependents. All such agencies shall cooperate fully with
the department in that regard and furnish such services and facilities when
called upon by the department to do so. Neither the authority nor the duties
referred to in this section shall be so exercised or performed as to impair the
efficient administration of the laws applicable to any state agency. [Amended
by 2005 c.625 §9]
406.070
Director to qualify and furnish bond; reimbursement for expenses; location of
office. The Director of
Veterans Affairs shall qualify in like manner as other heads of state
departments, and furnish a fidelity bond in an amount to be fixed by the
Governor. The director shall be reimbursed for necessary expenses incurred in
the performance of the duties as are other state officers. The director shall
maintain the main office of the director at the state capital. [Amended by 1967
c.2 §3]
406.080 [Amended by 1967 c.211 §9; 1987 c.652 §1;
repealed by 1987 c.658 §3]
406.085
Revolving account for department when acting as conservator or personal
representative of estate of veteran. The Conservatorship Revolving Account is created, separate and
distinct from the General Fund, to provide for disbursement of funds for the
beneficiary. Funds may also be disbursed from the Conservatorship Revolving
Account to the Conservatorship Services Account in compensation for claims
arising under ORS 406.100. The Conservatorship Revolving Account shall consist
of all money received by the Department of Veterans Affairs as conservator or
personal representative herein. Disbursement from the account shall be made by
the department. Interest earned by the account shall be credited to the
account. [1965 c.374 §2; 1973 c.823 §128; 1987 c.425 §6; 1989 c.932 §3; 1989
c.966 §44; 2005 c.625 §10; 2007 c.218 §4]
406.090
Sections not affected by parts of this chapter. The administration of ORS 273.035 to
273.051, 273.071, 273.161 to 273.175 and 408.710 to 408.750 shall in no way be
affected by ORS 406.010 to 406.070, 406.210, 406.220 and 406.340, and such laws
are excepted from the operation thereof. The Department of Veterans Affairs
shall cooperate with the person or agency responsible for the administration of
such laws, and shall render such reasonable assistance in that regard as may be
requested by any such person or agency. [Amended by 1967 c.421 §201; 1967 c.616
§§28,28a; 2005 c.625 §11]
406.100
Claims against estate by department when acting as conservator. If the Department of Veterans Affairs is
appointed as a conservator under ORS 406.050 or a personal representative under
ORS 113.085, the department shall have a claim against the estate of the
protected person or the decedent, as the case may be, for all of the following:
(1) Reasonable expenses incurred by the
department in the execution or administration of the estate.
(2) After the appointment of the
department as conservator, compensation for ordinary services in an amount not
to exceed five percent of income to the estate, and reasonable compensation for
unusual services as set forth by rule by the department.
(3) After the appointment of the
department as personal representative, compensation as provided in ORS 116.173.
(4) With prior approval by the court
having probate jurisdiction over the estate, fees charged to the department by
the Attorney General for advice or assistance in the performance of the
departments duties as conservator or personal representative of the estate. [1987
c.425 §3; 2005 c.625 §12]
406.110
Waiver of claims. The
Director of Veterans Affairs may waive all or any portion of a claim arising
under ORS 406.100 if the director finds that payment of the claim, or a portion
thereof, would pose a hardship to the person from whose estate the claim is payable,
or would deplete the estate. [1987 c.425 §4]
406.120
Conservatorship Services Account; sources; use. (1) The Conservatorship Services Account is
established as a separate account within the Oregon War Veterans Fund. The
Conservatorship Services Account shall consist of all moneys received by the
Department of Veterans Affairs as payment of claims arising under ORS 406.100.
(2) The moneys in the Conservatorship
Services Account are continuously appropriated to the department for payment of
expenses incurred while serving as conservator under ORS 406.050 or personal
representative under ORS 406.085.
(3) Moneys in the Conservatorship Services
Account shall be held and set aside separately from the other moneys in the
Oregon War Veterans Fund, but such account may be accounted for as part of the
Oregon War Veterans Fund. [1989 c.932 §2; 2005 c.625 §13]
406.130
Veterans Services Account; uses. There hereby is established in the General Fund of the State Treasury
an account to be known as the Veterans Services Account. Moneys in the
Veterans Services Account are continuously appropriated to the Department of
Veterans Affairs and shall be used by the department for grants and services
supplied to veterans by the department under ORS chapters 406 and 408, and for
expenses of administration of such grants and services. [1987 c.658 §2; 2005
c.625 §14]
ADVISORY
COMMITTEE
406.210
Function of advisory committee; appointment, qualifications and term of
members; chairperson; nominations by veterans
organizations to fill vacancies. (1) The Governor shall designate and
appoint nine persons, all of whom are war veterans as defined by the laws of
this state, who shall constitute the Advisory Committee and who shall act in an
advisory capacity to the Director of Veterans Affairs concerning all matters
upon which the director requests counsel.
(2) The representation on the committee
provided for in this section shall be maintained by the Governor in making
appointments to fill vacancies. When a vacancy occurs, the Governor shall
solicit and consider nominations from the executive committees of
congressionally chartered veterans organizations that maintain an
(3) In addition to the other requirements
of this section, until such time as no veteran of a period of service as
described in ORS 174.105 or a period of service after January 31, 1955, is
willing or able to serve, each period shall be represented by at least one
member of the Advisory Committee.
(4) When appointing an individual to the
Advisory Committee to succeed an at-large member who vacated or whose term of
office is expiring, the Governor may consider the names of the persons
recommended for appointment by the executive committees of congressionally
chartered veterans organizations that maintain an
(5) The term of office of a member of the
Advisory Committee is four years, and a member may be reappointed upon expiration
of the members term. However, a member of the Advisory Committee shall not
serve more than two consecutive terms.
(6) After consultation with the Director
of Veterans Affairs, the Advisory Committee shall select one committee member
to act as chairperson of the Advisory Committee, subject to approval by the
Governor.
(7) Each participating congressionally
chartered veterans organization shall furnish the director with a copy of its
Congressional Charter including any subsequent amendments.
(8) In addition to the other requirements
of this section, at least one member of the Advisory Committee shall be a
veteran of the Korean conflict and at least three members shall be veterans of
the period following the Korean conflict. [Amended by 1959 c.675 §1; 1975 c.603
§1; 1982 s.s.1 c.11 §8; 1991 c.798 §1]
406.215
Additional duties of advisory committee. In addition to any other powers and duties granted to the Advisory
Committee by law, the Advisory Committee shall:
(1) Work with the Director of Veterans
Affairs to insure that the needs of the veterans and their dependents and
survivors who reside in this state are recognized and addressed in a timely and
effective manner.
(2) Review current issues affecting
veterans and their dependents and survivors who reside in this state and make
recommendations relating to those issues.
(3) Review current operations of the
Department of Veterans Affairs and make recommendations to the director
concerning the operation of any part of the department.
(4) Make recommendations to the director
for the establishment or revision of programs and entitlements for veterans. [1991
c.798 §2]
406.217
Duties of director concerning advisory committee. The Director of Veterans Affairs shall:
(1) Solicit recommendations from the
Advisory Committee on the administration of all federal and state laws
affecting veterans, their spouses, dependents and survivors in this state.
(2) Instruct members of the Advisory
Committee concerning the operation of all veterans programs administered by
the director. [1991 c.798 §3; 2007 c.44 §3]
406.220
Meetings and reports. The
Advisory Committee shall meet within this state at least once each three
months. At each such meeting the Director of Veterans Affairs shall report
upon all matters concerning the administration of the office of the director,
and shall request the advice and counsel of the committee on matters concerning
the policy thereof. Each August the Advisory Committee shall report to the
Governor on all matters which it deems pertinent concerning the administration
of the office of the director during the preceding year, and concerning any
specific matters previously requested by the Governor, and on the
administration of ORS 406.010 to 406.070, 406.090 and 406.340. [Amended by 1957
c.25 §1]
406.230
Compensation and expenses of members. Each member of the Advisory Committee is entitled to compensation and
expenses as provided in ORS 292.495. [Amended by 1969 c.314 §33]
RELATIONS
WITH VETERANS ORGANIZATIONS
406.310
Director authorized to aid veterans organizations. From funds available to the office of the
Director of Veterans Affairs for this purpose, the director, with advice from
the Advisory Committee, is authorized to aid war veterans organizations that
have been accredited by the United States Department of Veterans Affairs and
counties of the state, in connection with their respective programs of service
to war veterans. [Amended by 1991 c.67 §95; 2007 c.401 §1]
406.320
Qualification of veterans organization for state aid. Organizations desiring to apply for benefits
under ORS 406.310 shall submit to the Director of Veterans Affairs statements
of their expenditures incurred in conducting their rehabilitation programs, in
acting under power of attorney for veterans in connection with claims for
benefits, in assisting veterans in prosecutions of their claims and in solution
of problems arising out of previous military service. However, a veterans
organization does not qualify for benefits under ORS 406.310 unless it has
carried on a program of veterans rehabilitation work in
406.330
Power to establish regulations for aid program. The Director of Veterans Affairs, with
advice from the Advisory Committee, may adopt such procedural rules and
regulations as the director deems advisable in making distribution of funds
under ORS 406.310. The director shall also establish a general and uniform
policy to be followed by the various organizations and counties in carrying out
the work to which the state contributes aid under ORS 406.310. In establishing
such policy the director shall give primary consideration to the rehabilitation
of the greatest possible number of war veterans in
406.340
Director authorized to accept voluntary services. In performance of the duties of the office
of the Director of Veterans Affairs, the director may accept services
voluntarily tendered by any person or organization, and may cooperate with the
established service agencies and officers of any organization for the benefit
and welfare of all war veterans in this state and their dependents or
beneficiaries. Insofar as practicable and consistent with the faithful
performance of the directors duties, the director shall avoid duplicating the
efforts of voluntary service agencies and officers.
406.410 [1985 c.790 §1; 1991 c.67 §96; repealed by
2007 c.117 §1]
406.420 [1985 c.790 §2; repealed by 2007 c.117 §1]
406.430 [1985 c.790 §3; repealed by 2007 c.117 §1]
406.448
Definition of survivor of a veteran. As used in ORS 406.450, 406.452, 406.454 and 406.456, survivor of a
veteran means the spouse or a dependent of a deceased veteran. [2007 c.357 §1]
Note: 406.448 was enacted into law by the
Legislative Assembly but was not added to or made a part of ORS chapter 406 or
any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
406.450
Services provided by county veterans service officers. (1) The Director of Veterans Affairs shall
establish a program to enhance and expand the services provided by county
veterans service officers appointed under ORS 408.410.
(2) The program shall:
(a) Conduct outreach and provide veterans,
spouses and dependents of veterans or survivors of veterans with:
(A) Information regarding veterans
benefit programs and other benefit programs; and
(B) Assistance by trained representatives
who are certified by the state in applying for all federal and state veterans
benefits and aid to which veterans, spouses and dependents of veterans or
survivors of veterans may be entitled on account of the veterans military
service and in appealing any denial of veterans benefits or aid;
(b) Develop and offer informational
materials and training opportunities for county veterans service officers;
(c) Develop a comprehensive and
coordinated statewide network of information and referral resources for
veterans, spouses and dependents of veterans or survivors of veterans;
(d) Ensure that the receipt of veterans
benefits or aid does not adversely impact other benefits or aid that a veteran,
the spouse or dependent of a veteran or a survivor of a veteran may be
receiving or may be eligible to receive; and
(e) Facilitate coordination of computer
systems to ensure the seamless transfer of information. [2005 c.836 §2; 2007
c.357 §2]
406.452
State certification program for veterans service officers; rules. The Director of Veterans Affairs may
establish by rule a state certification program for veterans service officers
appointed under ORS 408.410 and other individuals providing similar services to
ensure their competency. The program curriculum shall provide the training and
education necessary to allow veterans service officers and other individuals
to assist veterans, spouses and dependents of veterans or survivors of veterans
in applying for all federal and state veterans benefits and aid to which
veterans, spouses and dependents of veterans or survivors of veterans may be
entitled and in appealing any denial of veterans benefits or aid. The
curriculum shall include, but need not be limited to, training and education in
the following areas:
(1) Applicable federal, state and local
laws providing benefits or aid for veterans, spouses and dependents of veterans
or survivors of veterans and other benefits or aid for which veterans, spouses
or dependents of veterans or survivors of veterans may be eligible;
(2) Skills necessary to provide quality
representation and advocacy on behalf of veterans, spouses or dependents of
veterans or survivors of veterans, including case preparation and handling of
administrative hearings and appeals;
(3) Effective communication skills;
(4) Health care, human services and
referral resources; and
(5) Claims management. [2005 c.836 §3;
2007 c.357 §3]
406.454
Distribution formula; rules.
(1) The Director of Veterans Affairs shall adopt by rule a formula to
distribute to county governing bodies funds appropriated to the director to
enhance and expand the services provided by county veterans service officers
appointed under ORS 408.410. In developing the distribution formula, the
director shall consider factors that include, but need not be limited to:
(a) The number of veterans residing in
each county;
(b) A base amount to be distributed
equally among counties;
(c) Retention of an amount, not to exceed
six percent of the total amount appropriated to the director for the purposes
of ORS 406.450, that would otherwise be distributed to a county governing body
if the county governing body has not appointed county veterans service
officers; and
(d) Criteria for withholding funds from a
county governing body.
(2) Funds retained under subsection (1)(c)
and (d) of this section must be spent on:
(a) Training costs of veterans service
officers and other individuals providing similar services; and
(b) The coordination of computer systems
and technology to facilitate efficient delivery of services to veterans,
spouses and dependents of veterans or survivors of veterans. [2005 c.836 §4;
2007 c.357 §4]
406.456
Rules. The Director of
Veterans Affairs shall adopt rules to implement ORS 406.450, 406.452 and
406.454. The rules shall include, but need not be limited to:
(1) Development and implementation of a
distribution formula;
(2) Establishment of reporting and data
collection requirements for county veterans service officers including, but
not limited to, the number of interviews conducted, the number of veterans,
spouses and dependents of veterans or survivors of veterans served by the
program, the number of claims filed, the outcomes of claims filed and the
outreach activities conducted; and
(3) Establishment of service outcomes for
county veterans service officers. [2005 c.836 §5; 2007 c.357 §5]
406.458
Consultation with Association of Oregon Counties. The Director of Veterans Affairs shall carry
out the provisions of ORS 406.450, 406.452, 406.454 and 406.456 in consultation
with the Association of Oregon Counties. [2005 c.836 §8]
Note: 406.458 to 406.462 were enacted into law by
the Legislative Assembly but were not added to or made a part of ORS chapter
406 or any series therein by legislative action. See Preface to Oregon Revised
Statutes for further explanation.
406.460
Limitation on use of funds by county governing body; exceptions. (1) A county governing body that receives
funds under ORS 406.454 may not use the funds to supplant moneys appropriated
by the county governing body for county veterans service officers.
(2)(a) Notwithstanding subsection (1) of
this section, if a county governing body reduces appropriations to county
programs, the county governing body may reduce the amount of moneys
appropriated for county veterans service officers by an amount not greater
than the average percentage reduction imposed on all county programs for the
same period of time.
(b) A county governing body that reduces
the amount of moneys appropriated for county veterans services officers under
paragraph (a) of this subsection shall certify to the Director of Veterans
Affairs that the amount of the reduction is not greater than the average
percentage reduction imposed on all county programs for the same period of
time.
(3) Notwithstanding subsection (1) of this
section, if the amount of moneys distributed to a county governing body by the
Director of Veterans Affairs to enhance and expand the services provided by
county veterans service officers appointed under ORS 408.410 for biennia
beginning after June 30, 2007, is less than the amount of moneys distributed to
the county governing body for the 2005-2007 biennium, the county governing body
may reduce the amount of moneys appropriated by the county governing body for
county veterans service officers by an amount not greater than the same
percentage of reduction. [2005 c.836 §6]
Note: See note under 406.458.
406.462
Distribution of moneys by Director of Veterans Affairs. (1) Moneys appropriated to the Director of
Veterans Affairs for the purposes described in ORS 406.450 must be distributed
to county governing bodies and expended for the purposes of ORS 406.450 and may
not be used to supplant moneys currently budgeted by the director for services
provided by county veterans service officers.
(2) Notwithstanding subsection (1) of this
section, the director may reduce the amount of moneys distributed to county
governing bodies for county veterans service officers if there is a decrease
in the amount of General Fund revenues appropriated to the director for the
purposes described in ORS 406.450 for the same period of time. [2005 c.836 §7]
Note: See note under 406.458.
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