Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Each fiduciary organization must establish an application process for potential
account holders and designated beneficiaries satisfactory to the Department or
its designee. At a minimum, the application process must accomplish the
following objectives:
(a) Verify the
eligibility of each prospective account holder and of any prospective
designated beneficiary;
(b) Assist
each selected account holder and designated beneficiary, if any, to prepare an
appropriate personal development plan;
(c) Execute an IDA with each selected account
holder;
(d) Engage a financial
organization for maintenance of appropriate IDA accounts; and,
(e) Assure the collection of other
information necessary for appropriate record keeping and reporting
requirements.
(2) Subject
to the approval of the Department or its designee and the limitations of
applicable law, each fiduciary organization may impose such other criteria and
require such other information in the selection of account holders and
designated beneficiaries as that fiduciary organization deems to be
appropriate.
(3) Additional
selection criteria may include, but are not limited to the following:
(a) The capacity and funding of the fiduciary
organization to accommodate prospective account holders and designated
beneficiaries;
(b) The availability
of necessary or appropriate third-party contractors and other
partners;
(c) The extent to which
the income and net worth of the prospective account holders are lower than the
income and net worth limitations established in ORS
458.670(5)
and
458.680(2);
(d) The accuracy, substance, and completeness
of submitted applications;
(e) Any
identified ability or inability of the prospective account holder or the
prospective designated beneficiary to fulfill the terms of an appropriate IDA
and the corresponding personal development plan;
(f) The cost and feasibility of an
appropriate personal development plan;
(g) Past experience with prospective account
holders and designated beneficiaries; and
(h) Such other considerations as the
Department or its designee may identify.
Statutory/Other Authority: ORS
456.555,
456.625
& 458.700
Statutes/Other Implemented: ORS
315.271
& 458.670 - 458.700
