ORS Chapter 406
TITLE 33
PRIVILEGES ANDBENEFITS OF VETERANS AND SERVICE PERSONNEL
Chapter 406. Departmentof Veterans’ Affairs
407. VeteransLoans
408. MiscellaneousBenefits for Veterans and Service Personnel
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Chapter 406 — Departmentof Veterans’ Affairs
2009 EDITION
DEPARTMENTOF VETERANS’ AFFAIRS
BENEFITSOF VETERANS AND SERVICE PERSONNEL
DEPARTMENTOF VETERANS’ AFFAIRS
406.005 Departmentof Veterans’ Affairs; duties; rules
406.010 Definitionof “director”
406.020 Directorof Veterans’ Affairs; appointment; confirmation
406.030 Administrationof veterans’ laws
406.040 Generalpowers and duties of department
406.050 Additionalpowers and duties of director or department; grants, donations and gifts;rules; service charges
406.055 Authorityof director to require fingerprints
406.060 Useof services and facilities of other state agencies
406.070 Directorto qualify and furnish bond; reimbursement for expenses; location of office
406.085 Revolvingaccount for department when acting as conservator or personal representative ofestate of veteran
406.090 Sectionsnot affected by parts of this chapter
406.100 Claimsagainst estate by department when acting as conservator
406.110 Waiverof claims
406.120 ConservatorshipServices Account; sources; use
406.130 Veterans’Services Account; uses
ADVISORYCOMMITTEE
406.210 Functionof advisory committee; appointment, qualifications and term of members;chairperson; nominations by veterans organizations to fill vacancies
406.215 Additionalduties of advisory committee
406.217 Dutiesof director concerning advisory committee
406.220 Meetingsand reports
406.230 Compensationand expenses of members
RELATIONSWITH VETERANS ORGANIZATIONS
406.310 Directorauthorized to aid veterans organizations
406.320 Qualificationof veterans organization for state aid
406.330 Powerto establish regulations for aid program
406.340 Directorauthorized to accept voluntary services
COUNTYVETERANS’ SERVICE OFFICER PROGRAM
406.448 Definitions
406.450 Servicesprovided by county veterans’ service officers
406.452 Statecertification program for veterans’ service officers; rules
406.454 Distributionformula; rules
406.456 Rules
406.458 Consultationwith Association of Oregon Counties
406.460 Limitationon use of funds by county governing body; exceptions
406.462 Distributionof moneys by Director of Veterans’ Affairs
DEPARTMENTOF VETERANS’ AFFAIRS
406.005Department of Veterans’ Affairs; duties; rules. (1) TheDepartment of Veterans’ Affairs is established.
(2)The department is under the supervision and control of a director appointed asprovided in ORS 406.020.
(3)The department is responsible for the administration of federal and state lawsrelating to veterans.
(4)The department, with the advice of the Advisory Committee created under ORS406.210, shall adopt rules that the department considers necessary to carry outthe provisions of ORS chapters 406, 407 and 408 and ORS 88.710 to 88.740. [2005c.625 §1; 2007 c.44 §1; 2009 c.41 §24]
Note: 406.005 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 406 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
406.010Definition of “director.” As used in this chapter, “director” means Directorof Veterans’ Affairs. [Amended by 2005 c.22 §269]
406.020Director of Veterans’ Affairs; appointment; confirmation. The Departmentof Veterans’ Affairs shall be under the supervision and control of the Directorof Veterans’ Affairs. The Governor shall appoint the director subject toconfirmation 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 AdvisoryCommittee provided for in ORS 406.210. The director shall be a veteran, chosenon the basis of executive and administrative ability. [Amended by 1973 c.792 §14;2005 c.625 §5; 2009 c.41 §6]
406.030Administration of veterans’ laws. (1) The Director of Veterans’ Affairs,in the performance of the duties of the director, shall organize and coordinatethe administration of all present and future federal and state laws pertainingto veterans, their spouses, dependents and survivors in this state.
(2)As used in this section, “survivor” means the spouse and dependents of adeceased veteran. [Amended by 1971 c.221 §1; 1985 c.790 §4; 1991 c.441 §5; 1999c.45 §1; 2001 c.104 §140; 2005 c.625 §6; 2007 c.44 §2]
406.040General powers and duties of department. The powers, authority and dutiesrelating exclusively to veterans’ affairs now or hereafter imposed by law uponany officer or agency of this state, are hereby also granted to and imposedupon the Department of Veterans’ Affairs. Subject to ORS 406.090, thedepartment shall be responsible for and shall supervise the administration ofall such laws. The department may employ such personnel as may be necessary tocarry into effect the purposes of this chapter and may prescribe the duties andresponsibilities of all such employees. [Amended by 2005 c.625 §7; 2009 c.41 §7]
406.050Additional powers and duties of director or department; grants, donations andgifts; rules; service charges. In addition to other powers and duties,the Department of Veterans’ Affairs is authorized:
(1)To cooperate with officers and agencies of the United States in all mattersaffecting veterans’ welfare.
(2)To accept monetary and nonmonetary grants, donations and gifts on behalf ofthis state from any person or governmental or nongovernmental entity. The departmentshall deposit with the State Treasurer all monetary grants, donations and giftsreceived. The State Treasurer shall credit the amounts deposited to a trustfund established for the purposes of this section. Moneys in the trust fund arecontinuously appropriated to the department and may be expended for thepurposes specified in subsections (3), (4) and (5) of this section. Interestearned on the moneys in the trust fund established under this subsection shallaccrue to the trust fund.
(3)To expend all or any portion of a monetary grant, donation or gift for thepurposes specified in the grant, donation or gift.
(4)To expend moneys in the trust fund established under subsection (2) of thissection as the department deems appropriate for purposes consistent with thedepartment’s authority under Articles XI-A and XI-F(2) of the OregonConstitution and under this chapter and ORS chapters 88, 273, 407 and 408 if:
(a)The department determines that the purpose specified in the grant, donation orgift has been satisfied, has expired or is not feasible or appropriate; or
(b)Expenditure of trust fund moneys is not limited by the specific terms of aspecific grant, donation or gift.
(5)To expend or otherwise dispose of a nonmonetary grant, donation or giftreceived by selling or otherwise converting a grant, donation or gift intomoneys unless the sale or conversion is inconsistent with a limitationspecified in the grant, donation or gift. Notwithstanding a specifiedlimitation, the department may sell or otherwise convert a nonmonetary grant,donation or gift into moneys if the department determines that the limitationhas been satisfied, has expired or is not feasible or appropriate. Thedepartment shall deposit the moneys realized from any sale or conversion underthis subsection into the trust fund established in subsection (2) of thissection.
(6)If the department determines that the nature of a nonmonetary grant, donationor gift makes its use by the department, or its sale or conversion to moneysfor use by the department not feasible or appropriate, to donate or otherwisetransfer all or any portion of the nonmonetary grant, donation or gift to:
(a)A person or governmental or nongovernmental entity that the departmentdetermines is engaged in serving veterans or veterans’ survivors or dependents.
(b)A veteran or veteran’s survivor or dependent whom the department determines isin need of emergency assistance.
(7)To act as agent or attorney in fact for any veteran and the dependents or beneficiariesof any veteran relating to rights under any federal or state law.
(8)To act without bond as conservator of the estate of:
(a)A person who qualifies for benefits from the United States Department ofVeterans Affairs.
(b)A dependent, an immediate family member, a survivor or a former spouse who hasnot remarried of a person who qualifies for benefits, or who qualified forbenefits while alive, from the United States Department of Veterans Affairs, asthose persons are defined by rule by the Department of Veterans’ Affairs.
(9)On behalf of the State of Oregon, to extend such assistance as the departmentdetermines to be reasonably required to any veteran and to the dependents ofany such veteran, in the prosecution of any claim before the United StatesDepartment of Veterans Affairs, or any other federal or state agency, thesecuring of employment or relief and any other benefits to which the veteranand the dependents of the veteran might be entitled.
(10)To require and collect such reasonable service charges as the departmentdetermines, by rule, are necessary and expedient to carry out a duty, or toexercise a power or authority, conferred on the department by law.
(11)The Department of Veterans’ Affairs may adopt rules and regulations withrespect to all matters of administration to carry into effect the purposes ofthis section. [Amended by 1965 c.374 §1; 1967 c.172 §1; 1973 c.823 §127; 1987c.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; 2009 c.41 §8; 2009 c.602 §§1,1a]
406.055Authority of director to require fingerprints. (1) In additionto the powers and duties authorized under ORS 406.050, the Director of Veterans’Affairs may, for the purpose of requesting a state or nationwide criminalrecords check under ORS 181.534, require the fingerprints of a person who:
(a)Is applying for employment with the Department of Veterans’ Affairs in aposition described in subsection (2) of this section or is employed by thedepartment but is being transferred, promoted or demoted to a positiondescribed in subsection (2) of this section; or
(b)Provides goods or services or seeks to provide goods or services to or onbehalf of the department as a contractor, subcontractor, vendor or volunteer, oras an employee, member or agent of a contractor, subcontractor, vendor orvolunteer.
(2)The director may request fingerprints of a person described in subsection (1)of this section who is in a position in which the person has:
(a)Control over, or access to, information technology systems that would allow theperson to harm the information technology systems or the information containedin the systems;
(b)Access to information that state or federal laws, rules or regulations prohibitdisclosing or define as confidential;
(c)Responsibility for payroll, billing, collections or other financialtransactions or for purchasing or selling property;
(d)Access to money, negotiable instruments or financial information of thedepartment;
(e)Mailroom duties;
(f)Responsibility for auditing the department or other business entities doingbusiness with the department;
(g)Personnel or human resources functions or access to personnel information;
(h)Access to Social Security numbers, dates of birth or criminal backgroundinformation of other persons;
(i)Access to tax or financial information of the department or persons employed bythe department; or
(j)Access to tax or financial information collected by the department aboutindividuals or business entities. [2009 c.166 §1]
Note: 406.055 wasenacted into law by the Legislative Assembly but was not added to or made apart of ORS chapter 406 or any series therein by legislative action. SeePreface to Oregon Revised Statutes for further explanation.
406.060Use of services and facilities of other state agencies. The Departmentof Veterans’ Affairs may utilize the services and facilities of any stateagency in the course of administration of any law of this state enacted for thebenefit and welfare of veterans and their dependents. All such agencies shallcooperate fully with the department in that regard and furnish such servicesand facilities when called upon by the department to do so. Neither theauthority nor the duties referred to in this section shall be so exercised orperformed as to impair the efficient administration of the laws applicable toany state agency. [Amended by 2005 c.625 §9; 2009 c.41 §9]
406.070Director to qualify and furnish bond; reimbursement for expenses; location ofoffice.The Director of Veterans’ Affairs shall qualify in like manner as other headsof state departments, and furnish a fidelity bond in an amount to be fixed bythe Governor. The director shall be reimbursed for necessary expenses incurredin the performance of the duties as are other state officers. The directorshall maintain the main office of the director at the state capital. [Amendedby 1967 c.2 §3]
406.080 [Amended by1967 c.211 §9; 1987 c.652 §1; repealed by 1987 c.658 §3]
406.085Revolving account for department when acting as conservator or personalrepresentative of estate of veteran. The Conservatorship Revolving Accountis created, separate and distinct from the General Fund, to provide fordisbursement of funds for the beneficiary. Funds may also be disbursed from theConservatorship Revolving Account to the Conservatorship Services Account incompensation for claims arising under ORS 406.100. The ConservatorshipRevolving Account shall consist of all money received by the Department ofVeterans’ Affairs as conservator or personal representative herein.Disbursement from the account shall be made by the department. Interest earnedby 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]
406.090Sections not affected by parts of this chapter. Theadministration of ORS 273.035 to 273.051, 273.071, 273.161 to 273.175 and408.710 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. TheDepartment of Veterans’ Affairs shall cooperate with the person or agencyresponsible for the administration of such laws, and shall render suchreasonable assistance in that regard as may be requested by any such person oragency. [Amended by 1967 c.421 §201; 1967 c.616 §§28,28a; 2005 c.625 §11]
406.100Claims against estate by department when acting as conservator. If theDepartment of Veterans’ Affairs is appointed as a conservator under ORS 406.050or a personal representative under ORS 113.085, the department shall have aclaim against the estate of the protected person or the decedent, as the casemay be, for all of the following:
(1)Reasonable expenses incurred by the department in the execution oradministration of the estate.
(2)After the appointment of the department as conservator, compensation forordinary services in an amount not to exceed five percent of income to theestate, and reasonable compensation for unusual services as set forth by ruleby 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 assistancein the performance of the department’s duties as conservator or personalrepresentative of the estate. [1987 c.425 §3; 2005 c.625 §12]
406.110Waiver of claims.The Director of Veterans’ Affairs may waive all or any portion of a claimarising under ORS 406.100 if the director finds that payment of the claim, or aportion thereof, would pose a hardship to the person from whose estate theclaim is payable, or would deplete the estate. [1987 c.425 §4]
406.120Conservatorship Services Account; sources; use. (1) TheConservatorship Services Account is established as a separate account withinthe Oregon War Veterans’ Fund. The Conservatorship Services Account shallconsist of all moneys received by the Department of Veterans’ Affairs aspayment of claims arising under ORS 406.100.
(2)The moneys in the Conservatorship Services Account are continuouslyappropriated to the department for payment of expenses incurred while servingas conservator under ORS 406.050 or personal representative under ORS 406.085.
(3)Moneys in the Conservatorship Services Account shall be held and set asideseparately from the other moneys in the Oregon War Veterans’ Fund, but suchaccount may be accounted for as part of the Oregon War Veterans’ Fund. [1989c.932 §2; 2005 c.625 §13]
406.130Veterans’ Services Account; uses. There hereby is established in theGeneral Fund of the State Treasury an account to be known as the Veterans’Services Account. Moneys in the Veterans’ Services Account are continuouslyappropriated to the Department of Veterans’ Affairs and shall be used by thedepartment for grants and services supplied to veterans by the department underORS chapters 406 and 408, and for expenses of administration of such grants andservices. [1987 c.658 §2; 2005 c.625 §14]
ADVISORYCOMMITTEE
406.210Function of advisory committee; appointment, qualifications and term ofmembers; chairperson; nominations by veterans organizations to fill vacancies. (1) TheGovernor shall appoint nine persons, all of whom are veterans as defined in ORS408.225, to constitute the Advisory Committee and to act in an advisorycapacity to the Director of Veterans’ Affairs concerning all matters upon whichthe director requests counsel.
(2)The Governor shall make appointments to fill vacancies on the AdvisoryCommittee. When a vacancy occurs, the Governor shall solicit and considernominations from the executive committees of congressionally chartered veterans’organizations that maintain an Oregon state headquarters. A list of not morethan three persons nominated by each executive committee shall be submitted tothe Governor within 30 days after the vacancy occurs or, if the vacancy is dueto the expiration of a member’s term of office, not later than 30 days prior tothe expiration of the member’s term. Organizations interested in participatingin the nomination process shall report the current address of their stateheadquarters to the Director of Veterans’ Affairs. The director shall notifythose organizations of any current or anticipated vacancy.
(3)The term of office of a member of the Advisory Committee is four years, and amember may be reappointed upon expiration of the member’s term. However, amember of the Advisory Committee may not serve more than two consecutive terms.