Or. Admin. Code § 461-175-0220

Current through Register Vol. 63, No. 11, November 1, 2024

Section 461-175-0220 - Notice Situation; Disqualification

(1) If a benefit group (see OAR 461-110-0750) or individual is disqualified for a Supplemental Nutrition Assistance Program (SNAP) voluntary job quit or for failure to apply for or provide a Social Security number (SSN), pursue assets, cooperate in the Job Opportunity and Basic Skills (JOBS) program, JOBS Plus, Refugee Employment Program (REP), or a SNAP Employment and Training program, or assist the state's efforts to collect support, the Department sends the following type of notice:

(a) If benefits are reduced or closed because of the disqualification:

(A) A continuing benefit decision notice (see OAR 461-001-0000) is used when changes are reported on the Periodic Report form.

(B) A timely continuing benefit decision notice (see OAR 461-001-0000) is used when changes are not reported on the Periodic Report form.

(b) If benefits are opened without the disqualified individual in the benefit group or if the entire benefit group is denied assistance, a basic decision notice (see OAR 461-001-0000) is used.

(2) For a JOBS, JOBS Plus, REP, or a SNAP Employment and Training disqualification, and for a SNAP voluntary job quit by an individual receiving SNAP benefits, the notice includes the following information:

(a) The individual's action that resulted in disqualification.

(b) The length of the minimum disqualification period.

(c) The reduced benefit amount.

(d) How the individual may end the disqualification after the minimum period.

(3) For an Able Bodied Adult Without Dependents (ABAWD) disqualification due to the SNAP time limit in OAR 461-135-0520, the notice includes the following information:

(a) The action that resulted in the disqualification.

(b) The reduced amount when there are other eligible persons in the filing group.

(c) How the individual may regain eligibility for SNAP benefits.

(4) For a voluntary job quit by an individual applying for SNAP benefits, the notice includes the following information:

(a) The action that resulted in the disqualification; and

(b) The length of the disqualification period.

(5) For an intentional program violation (IPV) disqualification:

(a) In all programs except the SNAP program, the Department does not send a notice of termination to an individual disqualified for an IPV after a court order, a final order from an administrative hearing, or a signed waiver (see OAR 461-175-0200(9)(c)(C) and OAR 461-195-0621(2)) that imposes the disqualification.

(b) In the SNAP program:

(A) After an individual signs an IPV waiver, the Department sends a basic decision notice to terminate benefits. If the Department receives a timely request for a hearing, the contested case hearing addresses the issues set out in OAR 461-195-0611(3).

(B) The Department sends a basic decision notice to terminate benefits of an individual disqualified for an IPV after a court order or a final order from an administrative hearing. The notice must indicate the disqualification period.

(c) In all programs, the Department sends a continuing benefit decision notice when benefits for other individuals in the benefit group are closed or reduced because an individual in the benefit group is disqualified for an IPV.

(6) For a disqualification due to being a fleeing felon or in violation of parole, probation, or post-prison supervision (under OAR 461-135-0560):

(a) A basic decision notice is required if benefits are opened without the disqualified individual in the benefit group or if the entire filing group is denied benefits.

(b) A timely continuing benefit decision notice is required if an individual in the benefit group is disqualified.

(7) The notice situation for a disqualification due to a transfer of assets is covered in OAR 461-175-0310.

Or. Admin. Code § 461-175-0220

AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 23-1990, f. 9-28-90, cert. ef. 10-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 2-1994, f. & cert. ef. 2-1-94; AFS 23-1994, f. 9-29-94, cert. ef. 10-1-94; AFS 21-1995, f. 9-20-95, cert. ef. 10-1-95; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96; AFS 3-1997, f. 3-31-97, cert. ef. 4-1-97; SSP 20-2003, f. & cert. ef. 8-15-03; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 26-2008, f. 12-31-08, cert. ef. 1-1-09; SSP 5-2010, f. & cert. ef. 4-1-10; SSP 2-2016, f. & cert. ef. 1/1/2016; SSP 23-2016, f. 6-28-16, cert. ef. 7/1/2016; SSP 35-2016, f. 9-30-16, cert. ef. 10/1/2016; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 10-2018, amend filed 03/07/2018, effective 4/1/2018; SSP 33-2022, temporary amend filed 03/31/2022, effective 4/1/2022through 9/27/2022; SSP 47-2022, amend filed 09/20/2022, effective 9/27/2022; SSP 29-2024, amend filed 03/26/2024, effective 4/1/2024

Statutory/Other Authority: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.050

Statutes/Other Implemented: ORS 411.060, 411.070, 411.404, 411.816, 412.014, 412.049 & ORS 409.010