Or. Admin. Code § 813-300-0110

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-300-0110 - Account Holder and Beneficiary Responsibilities

(1) To be an account holder, eligible persons must apply to a fiduciary organization authorized by the Department or its designee and in a manner established by the fiduciary organization as approved by the Department or its designee.

(2) Persons selected to be account holders must execute an IDA with their fiduciary organization and, as necessary, with a financial institution, in form and content satisfactory to the Department or its designee before they may act as account holders.

(3) Account holders and beneficiaries at all times must comply with applicable law, these rules, applicable orders and directives of the Department or its designee and their fiduciary organization, the provisions of their IDA, and their personal development plan.

(4) Account holders at all times must be residents of the state of Oregon. When the account is opened, the applicant to become an account holder must be a member of a lower income household.

(5) Account holders, upon request by the Department or its designee or their fiduciary organization, and as otherwise required by the terms of their IDA, must provide evidence satisfactory to the Department or its designee and to their fiduciary organization that they and any beneficiaries qualify by residence, income, and age (if applicable) to be account holders or beneficiaries.

(6) Account holders, upon request by the Department or its designee or their fiduciary organization, and as otherwise required by the terms of their IDA, must provide evidence satisfactory to the Department or its designee and to their fiduciary organization that they and any beneficiaries are complying with the terms of their IDA and its associated personal development plan.

(7) Account holders and their beneficiaries must cooperate fully with the Department and its designee and their own fiduciary organization in any review or audit of the IDA, of their personal development plan, or of their eligibility.

Or. Admin. Code § 813-300-0110

OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03; OHCS 1-2003, f. & cert. ef. 4-4-03; OHCS 7-2018, amend filed 05/30/2018, effective 5/30/2018; OHCS 4-2024, amend filed 04/03/2024, effective 4/3/2024

Statutory/Other Authority: ORS 456.555, 456.625 & 458.700

Statutes/Other Implemented: ORS 315.271 & 458.670 - 458.700