Chapter 408 — Chapter 408

ORS 408.010 “Beneficiary” defined for ORS 408.010 to 408.090. As used in ORS 408.010 to 408.090, unless otherwise required by the context, “beneficiary” means any person who served in the active Armed Forces of the United States on or after June 25, 1950, who was relieved or discharged from that service under honorable conditions and who was also a resident of Oregon at the time the person applied for benefits under ORS 408.010 to 408.090. “Beneficiary” does not include a noncitizen, a noncitizen enemy, a person who avoided combat service by claiming to be a conscientious objector, a person who served less than 90 days in the Armed Forces of the United States or a person inducted or enlisted in the military or naval service who received civilian pay for civilian work. [Amended by 1957 c.195 §1; 1965 c.517 §1; 1967 c.382 §1; 1993 c.139 §1; 2005 c.831 §1; 2007 c.857 §1; 2022 c.97 §11]

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ORS 408.020 Financial aid for educational purposes; limitations on payments and on eligibility for aid. (1) The Department of Veterans’ Affairs may provide financial aid to beneficiaries who desire to pursue an approved course of study or professional training in or in connection with any accredited state or other public school or accredited private school or accredited college consistent with ORS 408.010 to 408.090

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ORS 408.025 [1955 c.206 §2; 1957 c.24 §1; repealed by 2005 c.831 §4]

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ORS 408.030 Filing application with educational institution. Any beneficiary who desires to pursue a course of study or professional training may file, upon a form approved by the Director of Veterans’ Affairs, an application with the executive head of the institution in which the beneficiary desires to pursue such course. In the application the beneficiary shall set forth the date of enlistment or induction into the service of the United States, the date of discharge, a certified copy of the discharge or document evidencing release from active duty, the courses of study the beneficiary desires to pursue, and the length of time the beneficiary intends to pursue such courses. [Amended by 1995 c.343 §39]

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ORS 408.040 Handling of application by institution and director; when benefits begin. (1) The person to whom an application is made pursuant to ORS 408.030 shall examine and pass upon such application and shall, within 10 days after its receipt by the person, indorse approval or disapproval thereof. If the application is approved it shall be forthwith forwarded to the Director of Veterans’ Affairs, who shall check it. The director shall determine whether or not the institution of learning or career school is accredited and if the tuition and other charges are reasonable. The director shall also determine whether or not the institution of learning or career school is reasonably qualified to provide the instruction desired by the beneficiary. The director shall be satisfied that the beneficiary has reasonable qualifications to pursue the course of study chosen and that such course, if satisfactorily completed, is likely to enable the beneficiary to become a more useful citizen. If all said conditions are met to the satisfaction of the director, the director may approve the application and file it in the office of the director; otherwise the director shall deny it

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ORS 408.050 Monthly statement by institution. On or before the 10th day of each calendar month the executive head of the institution of learning or authorized representative, shall render a duly certified statement to the Director of Veterans’ Affairs, setting forth the names of the beneficiaries attending the institution during the preceding calendar month and the amount of schooling or training furnished such beneficiaries in accordance with ORS 408.010 to 408.090. The statement shall contain a report of the attendance and general attitude and aptitude of each beneficiary, and the number of hours of recitation, lectures or other training scheduled, and a statement of the beneficiary’s diligence and progress

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ORS 408.060 Monthly payment of financial aid. (1) The monthly payments provided in ORS 408.020 shall be allowed to any beneficiary who is enrolled in an approved full-time or part-time course of study or professional training

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ORS 408.070 Investigation of institutions; rules. (1) The Director of Veterans’ Affairs shall investigate from time to time the institutions or other places where financial aid is being furnished to any beneficiary under ORS 408.010 to 408.090 to ascertain whether the spirit of ORS 408.010 to 408.090 is being complied with. If the director determines, after such investigation as the director deems necessary, that any such institution or place is not furnishing bona fide courses of instruction to the beneficiary or beneficiaries, or that any beneficiary is abusing the privileges granted by ORS 408.020, no money shall be paid to any beneficiary who is not receiving bona fide instruction or who is abusing such privileges. In making the investigations, the director may use the services of any state or county agency, and the agencies are required to render any such service requested by the director

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ORS 408.080 [Amended by 1953 c.62 §2; 1957 c.91 §1; repealed by 1961 c.326 §8]

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ORS 408.090 Handling of donations. (1) The Director of Veterans’ Affairs, acting on behalf of the State of Oregon, is authorized to accept any donation, gift, grant, bequest or devise made in furtherance of the purposes of ORS 408.010 to 408.090 and 408.115. A donation, gift, grant, bequest or devise that is made in cash or its equivalent or reduced thereto, shall be promptly paid by the director to the State Treasurer, who shall credit the amount so received to the Veterans’ Educational Aid Account in the General Fund. The director shall make such disposition of donations, gifts, grants, bequests or devises, not made in cash or its equivalent, as is specified by the donor thereof, and their earnings and proceeds shall inure to said account. All such donations, gifts, grants, bequests or devises accepted by the director are transfers exempt from taxes imposed on inheritances under the laws of this state

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ORS 408.095 [2009 c.759 §1; 2011 c.637 §267; 2013 c.768 §141; repealed by 2015 c.531 §1]

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ORS 408.100 [Repealed by 1961 c.326 §8]

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ORS 408.110 [Repealed by 1961 c.326 §8]

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ORS 408.115 Veteran Educational Bridge Grant Program; eligibility requirements; rules. (1) The Veteran Educational Bridge Grant Program is established within the Department of Veterans’ Affairs. Under the program, the department shall conduct outreach and provide grants to veterans who

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ORS 408.125 Veteran Educational Bridge Grant Program Fund. (1) The Veteran Educational Bridge Grant Program Fund is established in the State Treasury, separate and distinct from the General Fund. The moneys in the Veteran Educational Bridge Grant Program Fund are continuously appropriated to the Department of Veterans’ Affairs for the purpose of making grants under the Veteran Educational Bridge Grant Program established under ORS 408.115 and for the payment of actual and necessary expenses incurred by the department in administering the fund and establishing and maintaining the program

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ORS 408.210 [Renumbered 408.238 in 2005]

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ORS 408.220 [Repealed by 1977 c.854 §5]

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ORS 408.225 Definitions for ORS 408.225 to 408.237. (1) As used in ORS 408.225 to 408.237

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ORS 408.230 Hiring and promotion preference in public employment. (1) A public employer shall grant a preference to a state servicemember, former state servicemember, veteran or disabled veteran who applies for a vacant civil service position or seeks promotion to a civil service position with a higher maximum salary rate and who

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ORS 408.235 Eligibility for preference. (1) A veteran is eligible to use the preference provided for in ORS 408.230 for a civil service position for which application is made at any time after discharge or release from service in the Armed Forces

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ORS 408.237 Interviews of veteran applicants for public service position required; exception. (1) As used in this section

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ORS 408.238 “Military duty” defined for ORS 408.240 to 408.280. As used in ORS 408.240 to 408.280, “military duty” means training and service performed by an inductee, enlistee or reservist or any entrant into a temporary component of the Armed Forces of the United States, and authorized time spent reporting for and returning from such training or service, or, if a rejection occurs, from the place reported therefor; but does not include active duty training as a reservist in the Armed Forces of the United States or as a member of the National Guard of the United States where the call is for a period of 15 days or less. [Formerly 408.210]

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ORS 408.240 Status and rights of public officer and employee during and after military duty; programs for supplemental pay. (1)(a) Whenever a public officer or employee leaves a position, whether voluntarily or involuntarily, in order to perform military duty, the office or position may not become vacant, nor shall the officer or employee be subject to removal as a consequence of leaving the position. Unless the officer or employee dies, resigns or is relieved or discharged from such duty under other than honorable conditions, during the term for which the officer or employee was elected, appointed or employed, the officer or employee shall be considered absent on leave until release from active service has permitted the officer or employee to resume the duties of the office or position

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ORS 408.242 Public employees in Active Guard Reserve Program. ORS 408.240 (4)(a) does not apply to a public employee who leaves a position under ORS 408.240 (1) to enter or reenter the Active Guard Reserve Program under 32 U.S.C. 502(f). [2005 c.38 §1]

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ORS 408.250 Rights and duties of person replacing public officer in military service. During the period any public officer is absent on leave pursuant to ORS 408.240, a substitute shall serve in the place and stead of the public officer. Such substitute shall be appointed by the authority having power to have appointed the substitute as successor had such office become vacant. The substitute shall qualify by taking an oath of office, and by giving bond in an amount and conditioned as required by law for the officer for whom the substitute has been appointed, or, in the event no bond is required by law, then as the appointing authority directs. The substitute shall be designated by the title of the office, followed by the words “pro tem.” The substitute shall be invested with the authority, duties and responsibilities, and shall receive the emoluments of the office, in lieu of the officer for whom the person is the substitute

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ORS 408.260 Termination of term of office of substitute for officer in military service. When the absence on leave of a public officer, granted by ORS 408.240, has terminated, or a successor has been duly appointed and qualified to fill the vacancy created by the death or resignation of such officer, the appointment of the substitute shall terminate, and the substitute immediately shall deliver to such officer or successor all records and other incidents of the office, together with a full and detailed statement of accounting covering the entire period of service as substitute

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ORS 408.270 Restoration of employee’s seniority and tenure. Upon the termination of any leave granted by ORS 408.240, every public employee shall be restored to the position without loss of seniority or other benefits. It is the intention of the Legislative Assembly that such employee shall be restored in such manner as to give the employee the status in employment that the employee would have enjoyed if the employee had continued in such employment continuously from the time of entering the Armed Forces until the time of restoration to such employment. Any person so restored to the position shall not be discharged from such position without cause within one year after such restoration. Any employee who has not completed the probationary period in the position at the time of leaving for military duty, shall, upon returning to such position, be required to serve the remainder of such probationary period, notwithstanding the granting of continuous time credit for time served in the Armed Forces

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ORS 408.280 Reelection of public officer while in military service. Whenever the term of office of an elected public officer expires during military service in the Armed Forces of the United States for which a leave of absence has been granted pursuant to ORS 408.240 and the officer is reelected to such office, the officer shall continue in such office and on such leave of absence. The pro tem officer acting in the place and stead shall continue to act in said capacity during the continuation of such leave of absence of such public officer. Whenever the leave of absence of the reelected public officer has terminated, and the reelected public officer has qualified for the resumption of the duties of said office as required by law, and has conformed to the requirements of ORS 408.240, the appointment of the substitute of the reelected officer shall terminate in the same manner as provided in ORS 408.260

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ORS 408.290 Benefits for public employees on military leave of absence. (1) Except as provided in subsection (2) of this section

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ORS 408.300 Short title. ORS 408.305 to 408.340 shall be known and may be cited as the Oregon Vietnam Veteran Benefits Act of 1983. [1983 c.658 §1]

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ORS 408.305 Definitions for ORS 408.305 to 408.340. As used in ORS 408.305 to 408.340, unless the context requires otherwise

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ORS 408.310 Duty of medical professionals to report symptoms attributable to herbicide exposure; consent of patient; report form; additional information. (1) A physician, physician associate licensed under ORS 677.505 to 677.525 or nurse practitioner licensed under ORS 678.375 to 678.390 who has primary responsibility for the treatment of a veteran who may have been exposed to causative agents while serving in the Armed Forces of the United States or for the treatment of a veteran’s spouse, surviving spouse or minor child who may be exhibiting symptoms or conditions that may be attributable to the veteran’s exposure to causative agents shall, at the request and direction of the veteran, veteran’s spouse or surviving spouse or the parent or guardian of such minor child, submit a report to the Oregon Health Authority. The report shall be made on a form adopted by the authority and made available to physicians, physician associates, nurse practitioners and hospitals in this state

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ORS 408.315 Application of ORS 408.310. (1) ORS 408.310 applies to all veterans, spouses, surviving spouses and minor children of veterans treated by a physician, physician associate, nurse practitioner, hospital or clinic after January 1, 1982. Physicians, physician associates, nurse practitioners, hospitals or clinics shall submit the reports and study required under ORS 408.310 for veterans, spouses, surviving spouses and minor children of veterans treated prior to that date when requested and directed to do so by such individuals

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ORS 408.320 Duties of Oregon Public Health Advisory Board. The Oregon Public Health Advisory Board created under ORS 431.122 shall

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ORS 408.325 Referral program for affected veterans; rules. (1) The Oregon Health Authority and the Oregon Public Health Advisory Board shall institute a cooperative program to refer veterans to appropriate state and federal agencies for the purpose of filing claims to remedy medical and financial problems caused by exposure to causative agents

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ORS 408.330 Suspension or termination of programs; conditions. If the Oregon Public Health Advisory Board determines that any federal agency is adequately performing the referral functions described in ORS 408.325, the advisory board may suspend or terminate any program or duty required under ORS 408.300 to 408.340 in order to avoid duplication of services. [1983 c.658 §9]

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ORS 408.335 Attorney General to represent veterans in certain proceedings; payment of expenses. (1) When requested to do so by the Director of Veterans’ Affairs, the Attorney General shall represent, on behalf of all of the members of the class, one or more members of the class of veterans, spouses and surviving spouses of veterans and minor children of veterans who allege injuries caused by exposure to or contact with causative agents, and appear for them in any court or before any administrative agency in any proceeding to compel release of individual medical records, United States Department of Veterans Affairs medical and claim files or any other information relating to causative agents during military service

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ORS 408.340 Limitation of liability. (1) A physician, physician associate, nurse practitioner, hospital or clinic subject to ORS 408.300 to 408.340 shall not be subject to any criminal or civil liability for providing information required under ORS 408.300 to 408.340

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ORS 408.350 Educational materials about hepatitis C. (1) As used in this section, “veteran” means a person who is

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ORS 408.355 Transportation grants to access health care services; rules. (1) The Rural Veterans Healthcare Transportation Grant Program is established within the Department of Veterans’ Affairs. Under the program, the department shall provide grants to entities to provide transportation to veterans in rural areas to access services for physical, mental or behavioral health care

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ORS 408.360 [1993 c.795 §2; 2005 c.625 §55; repealed by 2019 c.224 §10]

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ORS 408.362 Definitions. As used in ORS 408.365 to 408.385 and this section

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ORS 408.365 Use of state moneys for operation of Oregon Veterans’ Homes. Moneys to pay for the expenses of operating an Oregon Veterans’ Home may be appropriated from

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ORS 408.368 Oregon Veterans’ Home Account. (1) There is created in the State Treasury, separate and distinct from the General Fund, the Oregon Veterans’ Home Account. Moneys credited to the account are appropriated continuously to the Director of Veterans’ Affairs to pay expenses that the director determines are appropriate for developing, operating and maintaining each Oregon Veterans’ Home including, but not limited to, providing care and services to the residents of each home and the costs of administration incurred by the director

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ORS 408.370 [1993 c.795 §§1,4; 2011 c.657 §2; 2011 c.720 §78; 2013 c.1 §4; repealed by 2019 c.224 §10]

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ORS 408.375 Operation and management of Oregon Veterans’ Homes; rules. (1) The Director of Veterans’ Affairs shall enter into a contract with a nongovernmental entity for the operation and management of each Oregon Veterans’ Home. The director shall contract with an entity that is experienced in the operation and staffing of long term care facilities, as defined in ORS 442.015

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ORS 408.380 Application of other statutes to Oregon Veterans’ Homes. (1) As used in this section, “long term care facility” has the meaning given that term in ORS 442.015

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ORS 408.385 Roseburg Oregon Veterans’ Home; planning for and development of Fourth Oregon Veterans’ Home. (1) The Director of Veterans’ Affairs shall establish the Roseburg Oregon Veterans’ Home

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ORS 408.390 City acquisition of land for Oregon Veterans’ Home. When such power is conferred or contained in their charters or Acts of incorporation, incorporated cities may purchase, receive, take and acquire by eminent domain, or otherwise, and within or without corporate limits, land and necessary or convenient means of access thereto by roads, ways, streets, railroad spurs, bridges, or the like, and sell or donate the same to the Director of Veterans’ Affairs for the construction thereon of an Oregon Veterans’ Home. Such acquisition and donation shall be deemed for the general use and benefit of the inhabitants of any city exercising the powers granted by this section and for the general use and benefit of the veterans of the State of Oregon. For the purpose of exercising the power of eminent domain under this section and ORS 408.395 or under the provision in any municipal charter based upon this section, such taking or acquisition shall be deemed to be for a public and municipal use. [Formerly 408.510]

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ORS 408.393 Incurring city indebtedness for Oregon Veterans’ Home. In connection with the exercise of the powers granted by ORS 408.390, such incorporated cities may incur such indebtedness and issue such bonds, warrants or other evidences of debt as their respective charters may authorize. [Formerly 408.520]

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