Or. Admin. R. 461-120-0215
Illegal Activity
Effective Jul 1, 2024ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685 | Statutes/Other Implemented: ORS 291.003, 329A.500, 409.010, 409.040, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049Department of Human Services
- (1) As used in this rule, “illegal activity” means an activity that is illegal under either Oregon law or federal law, or both. For example, working in the marijuana or psilocybin industry is considered an “illegal activity” under this rule.
- (2) In all programs, income received from an illegal activity (see section (1) of this rule) is considered countable (see OAR 461-001-0000) income.
(3) In the Temporary Assistance for Needy Families (TANF) Job Opportunity and Basic Skills (JOBS) and Refugee Employment Program (REP):
- (a) Support services are not allowed for a participant seeking employment in or engaged in an illegal activity.
- (b) An illegal activity is not counted towards JOBS engagement and may not be indicated as an activity or employment goal in the participant’s Personal Development Plan.
- (c) For a participant working in an illegal activity, activity hours and employment placement may not be documented by the Department.
(4) In the TANF program, a participant who gains employment in an illegal activity is not eligible for any of the following transitional benefits:
- (a) Jobs Participation Incentive (JPI).
- (b) Employment Payments (EP).
(5) In the Supplemental Nutrition Assistance Program (SNAP):
- (a) Support services are not allowed for an Able Bodied Adult Without Dependents (ABAWD) seeking employment in or engaged in an illegal activity.
- (b) The hours looking for work and the hours worked in an illegal activity are not counted as part of the required 80 hours in work-related activities for an ABAWD in a non-waived area per OAR 461-135-0520.
Statutory/Other Authority
ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented
ORS 291.003, 329A.500, 409.010, 409.040, 411.060, 411.070, 411.404, 411.816, 412.014 & 412.049
History
SSP 44-2024, amend filed 06/27/2024, effective 07/01/2024
SSP 22-2023, amend filed 06/26/2023, effective 07/01/2023
SSP 21-2018, adopt filed 06/05/2018, effective 07/01/2018
SSP 13-2018, temporary adopt filed 03/27/2018, effective 04/01/2018 through 06/30/2018