reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0315 - Expedited Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 claimant has the right to an expedited hearing in each of the following
			 situations:
(a) The Department denies or
			 fails to issue a timely decision on claimant's request for:
(A) Emergency assistance; or
(B) TA-DVS (see OAR
			 461-135-1235).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0316 - Intentional Program Violation (IPV) Hearings; ERDC, REF, REFM, SFPSS, SNAP, SEBT and TANF programs

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the other rules in this division of rules and
				the rules at OAR 137-003-0501 and following, this
				rule governs intentional program violation hearings for the Employment Related
				Day Care (ERDC) under the authority of Chapter 461, Refugee Assistance (REF),
				Refugee Assistance Medical (REFM), State Family Pre-SSI/SSDI (SFPSS),
				Supplemental Nutrition Asstance Program (SNAP), Summer EBT (SEBT) and Temporary
				Assistance for Needy Families (TANF) programs.
(1) An individual accused of an Intentional
			 Program Violation may waive the right to an IPV hearing by signing a waiver on
			 a form prescribed by the Department. There is no further administrative appeal
			 after the individual signs the waiver unless the individual asserts that the
			 signature on the waiver was obtained by fraud or under duress and, within 90
			 days from the date the waiver was signed, requests a hearing (see OAR
			 461-025-0310) to prove this. The
			 individual has the burden of proving fraud or duress. If an Administrative Law
			 Judge determines that the signature on the waiver was obtained by fraud or
			 under duress, the waiver may be nullified and the Department may thereafter
			 initiate an Intentional Program Violation hearing.
(2) If an IPV is not established by waiver or
			 in court, the Department may initiate the IPV hearing. The individual is
			 entitled to an Advanced Notice of Intentional Program Violation Hearing at
			 least 30 days in advance of the scheduled hearing. The notice includes the
			 specific charge(s) alleged by the Department.
(3) Within 90 days of the date the individual
			 is notified in writing of the disqualification hearing, the Office of
			 Administrative Hearings will conduct the hearing and serve a final order on the
			 individual.
(4) The individual is
			 entitled to a postponement of the scheduled hearing, if the request for
			 postponement is made at least 10 days before the date of the scheduled hearing.
			 The hearing will not be postponed for more than a total of 30 days, and the
			 Office of Administrative Hearings may limit the postponements to one.
(5) When the individual fails to appear for
			 the scheduled IPV hearing, the hearing may be conducted without the individual
			 if:
(a) The individual refused the notice of
			 hearing;
(b) The individual refused
			 to claim the notice of hearing;
(c)
			 The individual received the notice of hearing; or
(d) The notice of hearing was sent to the
			 address last reported by the individual to the Department and was returned as
			 undeliverable.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0316 - Intentional Program Violation (IPV) Hearings; ERDC, REF, REFM, SFPSS, SNAP, and TANF programs

Current through Register Vol. 63, No. 7, July 1, 2024
Notwithstanding the other rules in this division of rules and
				the rules at OAR 137-003-0501 and following, this
				rule governs intentional program violation hearings for the ERDC under the
				authority of Chapter 461, REF, REFM, SFPSS, SNAP, and TANF programs.
(1) An individual accused of an Intentional
			 Program Violation may waive the right to an IPV hearing by signing a waiver on
			 a form prescribed by the Department. There is no further administrative appeal
			 after the individual signs the waiver unless the individual asserts that the
			 signature on the waiver was obtained by fraud or under duress and, within 90
			 days from the date the waiver was signed, requests a hearing (see OAR
			 461-025-0310) to prove this. The
			 individual has the burden of proving fraud or duress. If an Administrative Law
			 Judge determines that the signature on the waiver was obtained by fraud or
			 under duress, the waiver may be nullified and the Department may thereafter
			 initiate an Intentional Program Violation hearing.
(2) If an IPV is not established by waiver or
			 in court, the Department may initiate the IPV hearing. The individual is
			 entitled to an Advanced Notice of Intentional Program Violation Hearing at
			 least 30 days in advance of the scheduled hearing. The notice includes the
			 specific charge(s) alleged by the Department.
(3) Within 90 days of the date the individual
			 is notified in writing of the disqualification hearing, the Office of
			 Administrative Hearings will conduct the hearing and serve a final order on the
			 individual.
(4) The individual is
			 entitled to a postponement of the scheduled hearing, if the request for
			 postponement is made at least 10 days before the date of the scheduled hearing.
			 The hearing will not be postponed for more than a total of 30 days, and the
			 Office of Administrative Hearings may limit the postponements to one.
(5) When the individual fails to appear for
			 the scheduled IPV hearing, the hearing may be conducted without the individual
			 if:
(a) The individual refused the notice of
			 hearing;
(b) The individual refused
			 to claim the notice of hearing;
(c)
			 The individual received the notice of hearing; or
(d) The notice of hearing was sent to the
			 address last reported by the individual to the Department and was returned as
			 undeliverable.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0325 - Informal Conference

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department representative and the claimant may have an informal conference to
			 discuss any of the matters listed in OAR
			 137-003-0575(4).
			 The informal conference may also be used to:
(a) Provide an opportunity for the Department
			 and the claimant to settle the matter;
(b) Ensure the claimant understands the
			 reason for the action that is the subject of the hearing request;
(c) Give the claimant an opportunity to
			 review the information that is the basis for that action;
(d) Inform the claimant of the rules that
			 serve as the basis for the contested action;
(e) Give the claimant and the Department the
			 chance to correct any misunderstanding of the facts;
(f) Determine if the claimant wishes to have
			 any witness subpoenas issued; and
(g) Give the Department an opportunity to
			 review its action.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0332 - Burden of Proof

Current through Register Vol. 63, No. 7, July 1, 2024
Except in an IPV case, the claimant has the burden of
				proof.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.095
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0350 - Withdrawals of Hearing Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 A claimant (see OAR 461-025-0305) may withdraw a
			 request for hearing (see OAR
			 461-025-0305) at any time before
			 a final order has been issued on the contested case.
(a) In the DSNAP program, the withdrawal of a
			 request for hearing must be in writing.
(b) In all programs other than the DSNAP
			 program, a claimant may withdraw a request for hearing orally or in
			 writing.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0356 - Dismissal for Failure to Appear

Current through Register Vol. 63, No. 7, July 1, 2024
Except in an IPV case, a hearing request is dismissed by order
				when neither the party nor the party's representative appears at the time and
				place specified for the hearing. The order is effective on the date scheduled
				for the hearing. The Department will cancel the dismissal order on request of
				the party on a showing that the party was unable to attend the hearing and
				unable to request a postponement for reasons beyond his or her
				control.
Stat. Auth.: ORS
				  411.060,
				  411.070,
				  411.095
Stats. Implemented: ORS
				  411.060,
				  411.070,
				  411.095
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0371 - Proposed and Final Orders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) When
			 the Department refers a contested case under this division of rules (OAR
			 461-025) to the Office of Administrative Hearings (OAH), the Department
			 indicates on the referral:
(a) Whether the
			 Department is authorizing a proposed order, a proposed and final order (OAR
			 137-003-0645(4)),
			 or a final order.
(b) If the
			 Department is establishing an earlier deadline for written exceptions and
			 argument because the contested case is being referred for an expedited
			 hearing.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0375 - Final Order; Timeliness and Effective Date

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Final Order will be issued or the case
			 otherwise resolved:
(a) In public assistance
			 and medical assistance cases not later than 90 days following the request for
			 hearing;
(b) In cases involving
			 only the SNAP program not later than 60 days following the request for hearing;
			 and
(c) In IPV cases within 90
			 days of the date the claimant was notified in writing that a hearing had been
			 scheduled.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0006 - Business Continuity Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The use of this rule by any
			 self-sufficiency
branch office
(see OAR
			 461-001-0000) requires the
			 approval for that site by:
(a) The Director
			 of Self-Sufficiency Programs or the designee of this official; or
(b) The Deputy Director of Self Sufficiency
			 Programs.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0010 - Rights of Clients

Current through Register Vol. 63, No. 7, July 1, 2024
Clients of the Department in programs regulated by Chapter 461
				of these rules have the following rights and the right to be informed of
				them:
(1) The right to information
			 about the programs administered by the Department.
(2) The right to confidentiality for
			 individually identifiable information to the extent provided under federal and
			 state law, including the administrative rules of the Department.
(3) The right to refuse social services
			 unless:
(a) The service is
			 court-ordered;
(b) The service is
			 related to a
case plan
as defined in OAR
			 461-001-0020 or
			 461-001-0025; or
(c) Treatment is required under OAR
			 461-135-0085.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0020 - Responsibilities

Current through Register Vol. 63, No. 7, July 1, 2024
To be eligible for benefits, individuals must do all the
				following:
(1) Provide true, complete,
			 and accurate information required to determine
eligibility
(see OAR 461-001-0000) and verify that
			 information, to the extent permitted by their physical and mental condition, or
			 authorize the
branch office
(see OAR
			 461-001-0000) to obtain
			 verification.
(2) Comply with the
eligibility
requirements of the program for which they are
			 requesting or receiving benefits.
(3) Report changes as required under OAR
			 461-170-0010.
(4) Accept social services that are
			 court-ordered or related to a
case plan
(see OAR
			 461-001-0020,
			 461-001-0025, and
			 461-001-0027).
(5) Cooperate with quality control (see OAR
			 461-105-0410) and
eligibility
(see division 115 of chapter 461) reviews by
			 providing requested information and verification.
(6) Complete the application process or
			 inform the
branch office
of their decision to withdraw the
			 application for program benefits.
(7) Share these responsibilities with all
			 adults who reside in the same household, for whom benefits are being requested,
			 who are required to apply together, and who would be held liable for an
			 overpayment under OAR
			 461-195-0541.
Statutory/Other Authority: ORS
				  411.060,
				  411.070 &
				  411.087
Statutes/Other Implemented: ORS
				  411.060,
				  411.111 &
				  411.085
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0060 - Release of Information to the Client

Current through Register Vol. 63, No. 7, July 1, 2024
For any program covered by Chapter 461 of the Oregon
				Administrative Rules:
(1) The
			 Department must make the information in a case record of a client available to
			 the following people within the limits described in this rule:
(a) Anyone in the filing group.
(b) Anyone authorized by the primary person
			 or by a person in the filing group.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0070 - Client Authorization for Release of Client Information to Third Party

Current through Register Vol. 63, No. 7, July 1, 2024
For any program covered by chapter 461 of the Oregon
				Administrative Rules, except for health, treatment, and domestic violence
				information, a verbal authorization from the client is permitted to allow
				verbal release of case record information specified by the client to third
				parties. Any such verbal authorization to release information to a third party
				is valid for a period of 30 days from the date the authorization is given
				verbally, unless a shorter time period is given.
Statutory/Other Authority: ORS
				  411.060,
				  411.300,
				  411.816 &
				  412.049
Statutes/Other Implemented: ORS
				  410.150,
				  411.060,
				  411.300,
				  411.320,
				  411.335,
				  411.816,
				  411.837,
				  412.049,
				  418.130 &
				  412.072
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0100 - Release of Client Information to Law Enforcement Officers

Current through Register Vol. 63, No. 7, July 1, 2024
For any program covered by chapter 461 of the Oregon
				Administrative Rules:
(1) The
			 Department may provide client information to a law enforcement officer in any
			 of the following situations:
(a) The law
			 enforcement officer is involved in carrying out public assistance or medical
			 assistance laws, or any investigation, criminal or civil proceedings connected
			 with administering the Department's benefit programs.
(b) A Department employee may disclose
			 information from personal knowledge that does not come from the client's
			 interaction with the Department.
(c) The disclosure is authorized by statute
			 or administrative rule.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0110 - Release of Client Information to Service Providers and Legal Bodies

Current through Register Vol. 63, No. 7, July 1, 2024
For any program covered by chapter 461 of the Oregon
				Administrative Rules, in the absence of a specific and current client
				authorization that covers the applicable information and identifies the
				recipient:
(1) Department employees
			 may release to service providers information necessary for accurate billing of
			 services provided to Department clients.
(2) The following client information may be
			 released to the client's child care providers:
(a) The program for which the client is
			 eligible.
(b) The amount of the
			 Department child care payment.
(c)
			 The client's copayment amount.
(d)
			 Reasons for a delay in payment, but only information that is specific to the
			 reason for the delay.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0120 - Release of Information on Child Support and Paternity Cases

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For the
			 purposes of this rule, the following terms have the following definitions:
(a) "Alleged father" means any male who has
			 been named as a possible father of a child for whom paternity has not been
			 established or has been contested.
(b) "Obligee" means a caretaker parent or
			 custodian, spouse, former spouse or other dependent person for whose benefit a
			 court or hearing officer has ordered payment of support.
(c) "Obligor" means any person who has been
			 ordered by a court or hearing officer to make payments for the support of a
			 child or a caretaker parent or custodian, spouse, former spouse or other
			 dependent person.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0130 - Disclosure of Client Information

Current through Register Vol. 63, No. 7, July 1, 2024
For any program covered by chapter 461 of the Oregon
				Administrative Rules:
(1) The
			 Department may disclose the minimum necessary client information without client
			 authorization for purposes directly connected with:
(a) Administering the public assistance,
			 medical assistance, and SNAP program laws, except for social security numbers,
			 health, treatment, and domestic violence information.
(b) Any investigation, prosecution, or
			 criminal or civil proceeding conducted in connection with administering the
			 programs covered by chapter 461 of the Oregon Administrative Rules.
(c) Any legally authorized audit or review by
			 a governmental entity conducted in connection with administering the programs
			 covered by chapter 461 of the Oregon Administrative Rules.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0150 - Requests and Fees for Written Public Records

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A request for written public records from
			 the Office of Self-Sufficiency Programs must be in writing and must
			 specifically identify the record being requested, the number of copies
			 requested, and the name and address of the individual or entity making the
			 request.
(2) The topic of fees for
			 public records is covered in OAR
			 407-003-0010 and
			 461-105-0060.
Stat. Auth.: ORS
				  192.430,
				  409.050,
				  411.060,
				  411.816,
				  418.100
Stats. Implemented: ORS
				  192.430,
				  192.440,
				  409.010,
				  411.060,
				  411.816,
				  418.100
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0180 - Nondiscrimination in Determining Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
Determine eligibility without discrimination on the basis of
				race, color, sex, national origin, disability, political beliefs, age, or
				religious creed.
Stat. Auth.: ORS
				  411.060
Stats. Implemented: ORS
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0190 - Discriminatory Actions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The rules of
			 the Department protecting individuals with disabilities against discrimination
			 are set out at OAR 407-005-0000 to
			 407-005-0030.
(2) The following acts of discrimination on
			 grounds of race, color, sex, political beliefs, age, religious creed or
			 national origin are specifically prohibited:
(a) Denying an individual any service,
			 financial aid, or other benefit provided under any program.
(b) Providing any service, financial aid, or
			 other benefit to an individual that is different, or is provided in a different
			 way, from that provided to others under the program, unless such action is
			 necessary to provide individuals with disabilities with aids, benefits or
			 services that are as effective as those provided to others.
(c) Subjecting an individual to segregation
			 or separate treatment in any way related to receipt of any service, financial
			 aid, or other program benefit.
(d)
			 Restricting an individual in any way from any advantage or privilege enjoyed by
			 others receiving any service, financial aid, or other benefit under any
			 program.
(e) Treating an individual
			 differently from others in determining whether they satisfy any admission,
			 enrollment, quota, eligibility, membership or other requirement or condition
			 individuals must meet to be provided any service, financial aid, or other
			 benefit provided under any program.
(f) Denying an individual an opportunity to
			 participate in any program or afford them an opportunity to do so that is
			 different from that afforded others under the program.
(g) Denying a person the opportunity to
			 participate as a member of a planning or advisory body that is an integral part
			 of the program.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 105 - RIGHTS AND RESPONSIBILITIES › Section 461-105-0410 - Requirement to Cooperate in Quality Control Review; REF, REFM, SNAP, and TANF

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the REF,
			 REFM, SNAP, and TANF programs, individuals are required to cooperate in the
			 Department's quality control review process.
(2) In the REF, REFM, and TANF programs, an
			 individual who refuses to cooperate is ineligible for the program in which the
			 review takes place until the individual cooperates.
(3) In the SNAP program, if an individual
			 refuses to cooperate, the individual's
filing group
(see OAR
			 461-110-0370) is ineligible for
			 the program. The individual may choose to cooperate at any time. If the SNAP
			 benefits have not already closed, the
filing group
does not
			 need to reapply. The
filing group
, upon filing a new
			 application, may again be found eligible only in accordance with federal Food
			 Stamp regulations in 7 CFR
			 273.2(d)(2).
Statutory/Other Authority: ORS
				  411.060,
				  411.816 &
				  412.049
Statutes/Other Implemented: ORS
				  411.060,
				  411.816,
				  412.049 & ORS
				  411.404
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0210 - Household Group

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule
			 describes who is included in the household group. The household group generally
			 consists of the individuals who live together with or without the benefit of a
			 dwelling.
(2) For individuals who
			 are experiencing homelessness, the household group consists of the individuals
			 who consider themselves living together. Individuals who are experiencing
			 homelessness who do not consider themselves living together are considered
			 separate households.
(3) A separate
			 dwelling is not recognized for the purpose of determining the members of a
			 household group unless the living space has, separate from any other dwelling,
			 an access to the outside that does not pass through another dwelling, a
			 functional sleeping area, bathroom, and kitchen facility.
(4) Each individual in the household group
			 who applies for benefits is an applicant. The household group and applicants
			 form the basis for determining who is in the remaining eligibility
			 groups.
(5) For all programs except
			 the SNAP program, a separate household group is established for individuals who
			 live in the same dwelling as another household group, if all the following
			 subsections are true:
(a) There is a
			 landlord-tenant relationship between the two household groups in which the
			 tenant is billed by the landlord at
fair market value
(see OAR
			 461-001-0000) for
			 housing.
(b) The tenant lives
			 independently from the landlord.
(c) The tenant:
(A) Has and uses sleeping, bathroom, and
			 kitchen facilities separate from the landlord; or
(B) Shares bathroom or kitchen facilities
			 with the landlord, but the facilities are in a commercial establishment that
			 provides room or board or both for compensation at
fair market
			 value
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0310 - Filing Group; Overview

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 requirements specific to individual programs for how the Department determines
			 the members of a filing group are found in OAR
			 461-110-0330 to
			 461-110-0430.
(2) The filing group consists of the
			 individuals from the
household group
(see OAR
			 461-110-0210) whose
			 circumstances are considered in the eligibility determination process. The
			 filing group consists of the following:
(a)
			 Each individual from the
household group
who chooses to apply
			 for benefits; and
(b) Each
			 individual who must apply for benefits because of his or her relationship to an
			 individual described in subsection (a) of this section.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0330 - Filing Group; TANF

Current through Register Vol. 63, No. 7, July 1, 2024
In the TANF program:
(1) A filing group must include a
dependent child
(see OAR
			 461-001-0000) or unborn child
			 and the following
household group
(see OAR
			 461-110-0210) members (even if
			 the member is not an applicant or does not meet nonfinancial
eligibility
(see OAR
			 461-001-0000) requirements):
(a) Each
parent
(see OAR
			 461-001-0000) of a
dependent child
in the filing group.
(b) Each
parent
of an unborn
			 child in the filing group.
(c) Each
sibling
(see OAR
			 461-001-0000) of a
dependent child
in the filing group, except as specified in
			 sections (2) and (3) of this rule. The
sibling
must be less
			 than 18 years of age, or 18 years of age and attending school full
			 time.
(d) A
caretaker
			 relative
(see OAR
			 461-001-0000) of the
dependent child
in the filing group, and the
spouse
(see OAR
			 461-001-0000) and each
dependent child
of the
caretaker
			 relative.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0350

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  329A.500,
				  409.050,
				  411.060
Stats. Implemented: ORS
				  329A.500,
				  409.010,
				  411.060
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0370 - Filing Group; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
In the SNAP program:
(1) Except as provided in this rule, the
			 filing group (see OAR
			 461-110-0370) consists of
			 members of a
household group
(see OAR
			 461-110-0210) who choose to
			 apply together or customarily purchase and prepare meals together.
(2) Except as provided in sections (3) and
			 (8) of this rule, the following
household group
members must
			 be in the same filing group, even if they do not customarily purchase and
			 prepare meals together:
(a) Each
spouse
(see OAR
			 461-001-0000).
(b) A
parent
(see OAR
			 461-001-0000) and their child
			 under age 22 living with the
parent
.
(c) A
household group
member
			 and any child under age 18 who lives with and is under "parental control" of
			 that
household group
member. For the purposes of this
			 subsection, "parental control" means the adult is responsible for the care,
			 control, and supervision of the child or the child is financially dependent on
			 the adult.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0410 - Filing Group; OSIPM, QMB

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the Oregon
			 Supplemental Income Program Medical (OSIPM) (except the OSIPM-Employed Persons
			 with Disabilities program) (OSIPM-EPD), for applicants who live in a standard
			 living arrangement (see OAR
			 461-001-0000), the filing group
			 consists of each applicant and the following members of the
household
			 group
(see OAR
			 461-110-0210):
(a) The spouse (see OAR
			 461-001-0000) of an
			 applicant.
(b) Each
parent
(see OAR
			 461-001-0000) of a
child
(see OAR
			 461-001-0000), if the
child
is applying and not assumed eligible (see OAR
			 461-135-0010).
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0430 - Filing Group; REF, REFM

Current through Register Vol. 63, No. 7, July 1, 2024
In the REF and REFM programs:
(1) The filing group consists of:
(a) A single
adult
(see
			 section (2) of this rule) who has no
spouse
(see OAR
			 461-001-0000) or
dependent child
(see OAR
			 461-001-0000) in the
household group
(see OAR
			 461-110-0210); or
(b) A
legally married
(see
			 OAR 461-001-0000) couple who is in
			 the same
household group
and has no
dependent
			 child
in the
household group
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0630 - Need Group

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The "need
			 group" consists of the individuals whose basic and special needs are used in
			 determining
eligibility
(see OAR
			 461-001-0000) and benefit
			 level.
(2) In the EA program, the
			 need group consists of the members of the
financial group
(see
			 OAR 461-110-0530) who meet all
			 nonfinancial
eligibility
requirements, except that members
			 disqualified for an
intentional program violation
(see OAR
			 461-195-0601) are not in the
			 need group.
(3) In the OSIPM-EPD
			 and QMB programs, the need group consists of each member of the
financial group
.
(4) In the OSIPM (except OSIPM-EPD) program:
(a) If a
child
(see OAR
			 461-001-0000) is applying, the
			 need group consists of the
child
.
(b) In all other situations, the need group
			 consists of each member of the
financial
			 group
.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 110 - ELIGIBILITY GROUPS › Section 461-110-0750 - Benefit Group

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A "benefit
			 group" consists of the individuals who receive benefits.
(2) Except as provided in sections (4) and
			 (5) of this rule, for an individual not assumed eligible for medical programs
			 (see OAR 461-135-0010), the benefit group
			 consists of each individual from the need group (see OAR
			 461-110-0630) requesting
			 benefits who meets all financial and nonfinancial eligibility (see OAR
			 461-001-0000)
			 requirements.
(3) For an individual
			 assumed eligible for medical programs (see OAR
			 461-135-0010 and OAR
			 461-135-0930(6)),
			 the benefit group consists of the individuals who are in the benefit group of
			 the program used to assume eligibility.
(4) In the TANF program, the following
			 individuals are not in the benefit group:
(a)
			 An individual who may not be in the benefit group because of a disqualification
			 penalty (see OAR 461-130-0330 and
			 461-135-0085).
(b) An individual disqualified for an
			 intentional program violation (see OAR
			 461-195-0601).
(c) An individual who may not be in the
			 benefit group because the individual has reached the time limit in OAR
			 461-135-0071 and does not meet
			 any of the extension criteria in OAR
			 461-135-0073 or exemption
			 criteria in OAR 461-135-0075.
(d) A fleeing felon (see OAR
			 461-135-0560).
(e) An individual violating a condition of
			 state or federal parole, probation, or post-prison supervision (see OAR
			 461-135-0560).
(f) An individual who does not meet the
			 citizenship and noncitizen status requirements in OAR
			 461-120-0110 and
			 461-120-0125.
(g) An individual who chooses not to receive
			 benefits.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0010 - Application Process; General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 client may apply for one or more programs using one application, under the time
			 frames and eligibility requirements that apply to each program for which the
			 client is applying. The Department redetermines eligibility at assigned
			 intervals and whenever a client's eligibility becomes questionable.
(2) If the Department requires additional
			 information to determine eligibility, the client is entitled to a written
			 notice that includes a statement of the specific information needed to
			 determine eligibility and the date by which the client must provide the
			 required information.
(3) The
			 Department ensures that an application form is readily available to anyone
			 requesting one and assists clients who are unable to complete the application
			 form or gather information necessary to verify eligibility.
(4) The Department must screen each applicant
			 to determine whether the applicant is eligible for expedited SNAP program
			 services or is at risk of being a victim of domestic violence (see OAR
			 461-001-0000).
(5) In the SNAP program, a filing group is
			 entitled to establish a filing date on the date they request
			 benefits.
(6) If a client files an
			 application containing the client's name and address, the Department must send
			 the client a
decision notice
(see OAR
			 461-001-0000).
(7) A client may withdraw an application at
			 any time.
Stat. Auth.: ORS
				  411.060,
				  411.816,
				  414.042
Stats. Implemented: ORS
				  411.060,
				  411.816,
				  414.042
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0016

Current through Register Vol. 63, No. 7, July 1, 2024
Statutory/Other Authority: 409.050, 411.060, 411.116 &
				  ORS 329A.500
Statutes/Other Implemented: 409.010, 409.050, 409.610,
				  411.060, 411.116, 411.121, 411.122, 411.135 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0020 - Application Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To
			 complete the application process, the applicant or his or her authorized
			 representative (see OAR
			 461-115-0090) must complete,
			 sign, and submit (see section (2) of this rule) an application, apply at the
			 appropriate location, submit necessary information to the Department within the
			 time frames specified for each program, and meet the interview requirements of
			 OAR 461-115-0230.
(2) As used in this rule and in OAR
			 461-175-0222, "submit" means
			 that the Department has received the required documents and
			 information.
Stat. Auth.: ORS
				  411.050,
				  411.060 &
				  411.070
Stats. Implemented: ORS
				  409.050,
				  411.060 &
				  411.070
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0030 - Date of Request

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For all
			 programs covered by OAR chapter 461, an individual or someone authorized to act
			 on behalf of an individual must contact the Department or use another
			 appropriate method to request benefits (see OAR
			 461-115-0150). The request may
			 be oral or in writing.
(2) The
			 "date of request" is one of the following:
(a) In the EA and OSIP programs, the "date of
			 request" is the day the request for benefits is received by the
			 Department.
(b) In the REF, SNAP,
			 TA-DVS, and TANF programs, this section does not apply. See OAR
			 461-115-0040.
(c) In the OSIPM, QMB, and REFM programs, for
			 a new applicant, the "date of request" is determined as follows:
(A) The day the request for medical benefits
			 is received by a Department representative, except as described in paragraph
			 (B) of this subsection.
(B) If the
			 request for medical benefits is received by a Department representative no
			 later than the next business day after medical services are received, the "date
			 of request" is the day these medical services were
			 received.
(d) In the
			 OSIPM, QMB, and REFM programs, for a current recipient, the "date of request"
			 is one of the following:
(A) The date the
			 individual reports a change requiring a redetermination of
eligibility
(see OAR
			 461-001-0000).
(B) The date the Department initiates a
			 review.
(C) The date the individual
			 establishes a "date of request" by contacting the Department orally or in
			 writing or by submitting an application.
(e) In the SFPSS program:
(A) Except as provided in paragraph (B) of
			 this subsection, the "date of request" is the day the individual signs the
			 Interim Assistance Agreement.
(B)
			 The "date of request" for support service payments is the day the request for
			 benefits is received by the Department.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0040 - Filing Date; REF, SNAP, TANF

Current through Register Vol. 63, No. 7, July 1, 2024
Retroactively effective July 6, 2020:
(1) In the REF, SNAP, and TANF programs, a
			 filing group is entitled to establish a "filing date" on the date a member of
			 the group requests benefits. The "filing date" establishes:
(a) The date for starting the application
			 processing time frames.
(b) The
			 date from which some effective dates are determined.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0050 - When an Application Must Be Filed

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual must file an application,
			 or may amend a completed application, as a prerequisite to receiving benefits
			 as follows:
(a) An individual may apply for
			 the GA program by completing an application for the OSIPM program.
(b) An individual may apply for the TA-DVS
			 program as provided in OAR
			 461-135-1200.
(c) In all programs except the TA-DVS
			 program:
(A) Except as provided otherwise in
			 this rule, to apply for program benefits, an individual must submit a complete
			 application on a form approved by the Department.
(B) An application is complete if all of the
			 following requirements are met:
(i) All
			 information necessary to determine
eligibility
(see OAR
			 461-001-0000) and benefit amount
			 is provided on the application for each individual in the
filing
			 group
(see OAR
			 461-110-0310).
(ii) The applicant, even if an individual who
			 is experiencing homelessness, provides a valid mailing address.
(iii) The application is signed by the
			 individual, the
authorized representative
(see OAR
			 461-115-0090) of the individual,
			 or another individual applying for benefits on behalf of the individual, and
			 received by the Department.
(I) An individual
			 required but unable to sign the application may sign with a mark, witnessed by
			 another individual.
(II) An
			 individual submitting an
electronic application
(see OAR
			 461-001-0000) must submit the
			 application with an electronic signature.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0071 - Who Must Sign the Application and Complete the Application Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the TANF
			 program, at least one
caretaker relative
(see OAR
			 461-001-0000) must sign the
			 application and complete the application process.
(2) In the EA program:
(a) A
caretaker relative
must sign the application and complete the application process for a
child
(see OAR
			 461-001-0000). If the
child
is not living with a
caretaker
			 relative
, another adult may act on behalf of the
child
.
(b) If the
caretaker relative
lives with a
spouse
(see
			 OAR 461-001-0000), both must sign
			 the application.
(c) A dependent
child
18 years of age who applies must sign the application
			 and complete the application process.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0090 - Authorized Representatives; General

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Authorized representative" means an
			 individual aged 18 years or older or an organization permitted by this rule to
			 act on behalf of an applicant or beneficiary in assisting the applicant or
			 beneficiary with their application, renewal of eligibility, and other on-going
			 communications with the Department.
(2) "Department" in this rule refers to the
			 Department of Human Services and the Oregon Health Authority.
(3) "Eligibility determination group" in this
			 rule refers to all individuals whose financial and non-financial information
			 are considered in determining program eligibility.
(4) In the TA-DVS program, an
authorized representative
(see section (1) of this rule) may
			 not be established.
(5) An
authorized representative
designated for one program is the
authorized representative
for all programs and benefits of the
head of household
(see OAR
			 461-001-0015),
primary
			 person
(see OAR
			 461-001-0000), or
primary contact
(see OAR
			 410-200-0015), excluding the
			 TA-DVS program and not when the exception in subsection (6)(c) of this rule
			 applies.
(6) Unless limited
			 elsewhere in this rule, an
authorized representative
may do
			 any of the following:
(a) With the exception
			 of the
authorized representative
designation form and subject
			 to the exception in subsection (c) of this section: complete, sign, and submit
			 any applications, renewals, or documents on behalf of the applicant or
			 beneficiary.
(b) Receive copies of
			 notices and other communications from the Department for the applicant or
			 beneficiary.
(c) Act on behalf of
			 the applicant or recipient by reporting information and submitting requests to
			 the Department, except an individual's
long-term care
(see OAR
			 461-001-0000) services provider
			 may not serve as the
designated representative
(see OAR
			 411-004-0010) or
representative
(see OAR
			 411-028-0010 and OAR
			 411-030-0020) of the individual
			 for
long-term care
services.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0145 - Responsibilities of a Center, Facility, or Group Living Arrangement Acting as Authorized Representative; SNAP

Current through Register Vol. 63, No. 7, July 1, 2024
(1) In the SNAP program it it is the
			 responsibility of the center, facility, or
group living
			 arrangement
(see OAR
			 461-001-0015) acting as an
			 authorized representative under OAR
			 461-135-0510 and OAR
			 461-115-0090 to:
(a) Use SNAP benefits for food prepared and
			 served to those residents participating in SNAP.
(b) Be knowledgeable about the resident's
			 circumstances and carefully review those circumstances prior to:
(A) Applying on the resident's behalf,
			 or
(B) Assuming responsibility as
			 authorized representative on an existing case.
(c) Report required changes in accordance
			 with each resident's assigned reporting system.
(d) Use no more than half of the resident's
			 monthly SNAP allotment prior to the 16th day of the month.
(e) Use only benefits posted to the card
			 after the time the resident was admitted to the center, facility or
group living arrangement
.
(f) Report monthly to the Department a list
			 of currently participating residents that includes a statement signed by a
			 responsible official attesting to the validity of the list.
(g) When a resident leaves the center,
			 facility or
group living arrangement
:
(A) Discontinue acting as the resident's
			 authorized representative, including participating in the certification
			 process, immediately.
(B) Notify
			 the Department of the resident's departure.
(C) When possible, provide the resident with
			 a change report to update mailing address and other circumstances and advise
			 the resident to return the form to the Department within 10 days.
(D) Provide the resident with the EBT card
			 linked to their SNAP case or return the card to the Department by the end of
			 the month of the resident's departure.
(E) Discontinue using and accessing benefits
			 immediately.
(F) Return half of the
			 resident's monthly SNAP allotment if the resident departs before the 16th day
			 of the month and less than half of their monthly allotment is remaining. If
			 necessary, benefits are refunded with the assistance of the
			 Department.
Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 115 - APPLICATION, REDETERMINATION, AND VERIFICATION › Section 461-115-0150 - Offices Where Clients Apply

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 For all programs, applicants must apply at the
branch office
(see OAR 461-001-0000) serving the area
			 in which they live or work. Applicants temporarily in another area of the state
			 should apply at the
branch office
serving that area.
			 Applicants may also apply at other locations for the following programs:
(a) Homeless clients may apply with a
			 Community Action Agency for the Housing Stabilization program.
(b) Applicants may apply for health coverage
			 by:
(A) Calling the OHP Customer Service
			 toll-free number;
(B) Applying
			 through the OregonHealthCare.gov online portal;
(C) Contacting a trained community partner
			 who can help an applicant complete an application; or
(D) Contacting a federally qualified health
			 center, a qualified hospital, a disproportionate-share hospital, or another
			 entity authorized by rule.