(a) “Beneficiary” has the meaning given that term in ORS 408.010.
(b) “Compensation” means money, a financial benefit or an item of value.
(c) “Unreasonable fee” means a fee that a court determines to be unreasonable compensation for a service or function described in subsection (2)(a)(A) of this section after considering:
(A) The extent and type of the service or function;
(B) The complexity of the case that the service or function addresses;
(C) The skill and competence required to provide the service or function;
(D) The amount of time the person spent in performing the service or function;
(E) The results the person achieved in performing the service or function, such as whether the veteran or beneficiary recovered any veteran’s benefit;
(F) The level of administrative or other review that occurred in the case, and the point at which the person began providing the service or function;
(G) Rates or fees that other persons charge for similar services or functions;
(H) Whether, and to what extent, the fee or the amount of the fee was contingent upon the results the person achieved; and
(I) Whether the veteran or beneficiary discharged the person before the case concluded and, if so, why.
(d) “Veteran” means an individual who falls within either of the following classes:
(A) A veteran as defined in 5 U.S.C. 2108, as in effect on September 26, 2025; or
(B) A veteran as defined in ORS 407.087.
(e) “Veteran’s benefit” means a program, service, commodity, function, status or other benefit that is available solely to veterans, eligibility for which:
(A) The United States Department of Veterans Affairs, the United States Department of Defense or another federal agency determines in accordance with applicable federal laws and regulations; or
(B) The Department of Veterans’ Affairs determines under ORS chapters 406, 407 and 408.
(2)(a) A person may not:
(A) Receive compensation, except in strict accordance with this section or applicable federal law, for:
(i) Preparing, presenting or prosecuting an application for a veteran’s benefit on behalf of a veteran or beneficiary;
(ii) Advising, consulting with, assisting or representing a veteran or beneficiary in obtaining or making an application for a veteran’s benefit or in appealing a notice of initial decision on a claim for a veteran’s benefit; or
(iii) Referring a veteran or beneficiary to another person that performs a service or function described in sub-subparagraph (i) or (ii) of this subparagraph;
(B) Guarantee, either directly or by implication, to another person that a veteran or beneficiary is certain to receive a specific veteran’s benefit or a specific level, percentage or amount of a veteran’s benefit; or
(C) Receive an excessive or unreasonable fee for a service or function described in this paragraph.
(b) The prohibitions described in paragraph (a) of this subsection apply to applications or claims for a veteran’s benefit that is available under ORS chapter 407 or 408 to the extent that an applicant or a claimant is eligible to receive a service or function described in paragraph (a)(A)(i) or (ii) of this subsection at no charge from the Department of Veterans’ Affairs or from a person that performs the service or function under a delegation of authority from the department. A person may not charge an excessive or unreasonable fee in return for performing a service or function described in paragraph (a)(A)(i) or (ii) of this subsection even if the person may receive compensation for performing the service or function because the service or function is not otherwise available to the applicant or claimant at no charge.
(3) A person that in return for compensation performs a service or function described in subsection (2)(a)(A) of this section shall specify the terms and conditions of the transaction in a written agreement signed by all parties to the agreement. The agreement must adhere to the criteria set forth in 38 C.F.R. 14.636(g).
(4) In order to encourage veterans to seek free advice and assistance concerning a claim for a veteran’s benefit, the Department of Veterans’ Affairs shall conduct outreach, provide education and disseminate information that, at a minimum:
(a) Identifies tribal veterans’ service officers, as described in 38 C.F.R. 14.629, as in effect on September 26, 2025, and county veterans’ service officers;
(b) Locates the offices or facilities throughout this state in which the tribal veterans’ service officers and county veterans’ service officers provide services; and
(c) Describes the services the tribal veterans’ services officers and county veterans’ service officers provide.
(5) A violation of this section is an unlawful practice under ORS 646.608. [2025 c.326 §1]
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