Current through Register Vol. 63, No. 9, September 1, 2024
(1) The purpose of this rule is to establish
legal authority, policy and procedures for obtaining and using Social Security
numbers from participants to comply with record-keeping and performance
measurement requirements for services provided under Title IB of the federal
Workforce Investment Act of 1998 (P.L.
105-220)(WIA).
(2) It is the policy of Office of Community
Colleges and Workforce Development (Office) and providers of WIA Title IB
services to request participants registering for or participating in services
provided in relation to WIA Title IB services or activities to voluntarily
provide and authorize the use of their Social Security numbers. Participants
are requested to release their Social Security numbers for purposes of record
keeping related to referral and service delivery, and for performance
measurement, research, planning and program evaluation. The request shall
notify the participant that:
(a) Release of
the Social Security number is voluntary;
(b) Request for release is made under
authority of this rule; ORS
660.339; and WIA sections 136,
185 and 188,
29 USC
2871,
2935
and
2938; and
(c) The specific uses that will be
made of the Social Security number. Those specific uses must be described in
the notification.
(3)
Procedures: The request to a participant to release his or her Social Security
number shall conform to forms and/or procedures developed by the Office. Any
alteration in the wording or procedure must be approved by the Office. When an
individual registers or applies for WIA Title IB services, the individual will
be provided with a notice about the request to obtain and use the Social
Security number. Individuals will be requested to voluntarily agree to the use
of Social Security numbers for the uses described in that notice.
(a) Refusal to voluntarily disclose or permit
the use of his/her Social Security number by the individual will not be used as
a basis to deny the individual any right, benefit or privilege provided solely
under Title IB of the Workforce Investment Act.
(b) Any specific program that requests or
requires disclosure of a Social Security number in relation to or as a
condition of eligibility to participate in that specific program (such as
unemployment compensation, Temporary Assistance for Needy Families, food stamps
or Oregon Health Plan) will separately advise applicants about those specific
eligibility requirements. If an individual refuses to voluntarily consent to
disclosure of his or her Social Security number for WIA Title IB purposes, but
releases the Social Security number as a mandatory condition for participating
in a specific program, the mandatory program will mask the Social Security
number or take any other appropriate action to ensure it is used only for
purposes allowed under the mandatory disclosure requirement.
(c) A completed form that authorizes the use
of Social Security numbers and related records for WIA Title IB purposes will
remain valid unless or until revoked, and the Office and providers in the WIA
Title IB service delivery system may utilize the Social Security numbers for
authorized purposes.
(d) If an
individual refuses to authorize the use or disclosure of his or her Social
Security number, the Office or WIA IB provider may assign an alternative
individual identification number. Such number is personally identifiable
information and is governed by disclosure requirements under the Public Records
Law, ORS 192.410 to
192.505.
(e) Participants receiving services funded by
WIA Title IB who enter work-based programs such as on-the-job training or work
experience activities will be required to disclose their Social Security
numbers for employment or payroll purposes. All other provisions of this rule
will apply to the use of the Social Security number.
(f) Social Security numbers will not be
disclosed to the general public.
Stat. Auth.: ORS
351.755 &
660.339
Stats. Implemented: ORS
660.339
