Oregon Administrative Rules › Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS › Division 25 - HEARINGS › Section 461-025-0310 - Hearing Requests

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
claimant
(see OAR
			 461-025-0305) has the right to a
			 contested case hearing in the following situations upon the timely completion
			 of a request for hearing:
(a) Except as
			 provided in subsection (o) of this section, the Department has not approved or
			 denied a request or application for public assistance or medical assistance
			 within 45 days of the application.
(b) The Department has not acted timely on an
			 application as follows:
(A) An application
			 for SNAP program benefits, within 30 days of the filing date.
(B) An application for a JOBS support service
			 payment, within the time frames established in OAR
			 461-115-0190(3).
(c) The Department acts to deny,
			 reduce, close, or suspend SNAP program benefits, a
grant of public
			 assistance
, a
grant of aid
, a support service payment
			 authorized in the JOBS program by OAR
			 461-190-0211, medical
			 assistance, or child care benefits authorized under Division 160 or 165 of this
			 chapter of rules in the ERDC or TANF child care programs. When used in this
			 subsection,
grant of public assistance
and
grant of
			 aid
mean the grant of cash assistance calculated according to the
			 claimant's need.
(d) The Department
			 has sent a
decision notice
(see OAR
			 461-001-0000) that the
claimant
is liable for an
overpayment
(see
			 OAR 461-195-0501).
(e) The Department modifies a
grant
			 of public assistance
or a
grant of aid
; or the
claimant
claims that the Department previously underissued
			 public assistance, medical assistance, or SNAP program benefits and the
			 Department denies, or denies in part, that claim.
(f) The household disputes its current level
			 of SNAP program benefits.
(g) The
filing group
(see OAR
			 461-110-0370) is aggrieved by
			 any action of the Department that affects the participation of the filing group
			 in the SNAP program.
(h) The
claimant
asks for a hearing to determine if the waiver of an
			 Intentional Program Violation hearing was signed under duress.
(i) A child care provider is disputing an
			 allegation of an overpayment of child care provided under Chapter 461 or "a
			 finding of suspended" established under Chapter 461.
(j) In the Pre-TANF program, the Department
			 denies payment for a basic living expense (see OAR
			 461-135-0475) or other support
			 service payment in the JOBS program (see subsection (c) of this
			 section).
(k) In the TA-DVS
			 program, when OAR 461-135-1235 provides a right to
			 a hearing.
(l) A service
			 re-assessment of a
claimant
conducted in accordance with OAR
			 Division 411-015 has resulted in a reduction or termination of nursing facility
			 services or
home and community-based care
(see OAR
			 461-001-0030).
(m) The claimant's benefits are changed to
			 vendor, protective, or two-party payments.
(n) Department has issued a notice seeking
			 repayment under ORS 411.892 to an employer
			 participating in the JOBS program.
(o) In the OSIP and OSIPM programs, when the
			 Department has not approved or denied an application within the time frames
			 established in OAR 461-115-0190.
(p) The right to a hearing is otherwise
			 provided by statute or rule.
(q) To
			 resolve a grievance under 45
			 CFR 261.70 against an employer. A hearing
			 request under this subsection must be in writing with the claimant's name,
			 address, and daytime phone number (if available). The hearing request must be
			 received by the Department within 45 days of the alleged violation or within 30
			 days after completion of an employer grievance process.