Or. Admin. Code § 461-195-0601

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

Section 461-195-0601 - [Effective until 2/18/2025] Intentional Program Violations; Defined

(1) In the child care programs, a provider commits an intentional program violation (IPV) by intentionally making a false or misleading statement or misrepresenting, concealing, or withholding information related to their request to be eligible for a child care payment under OAR 461-165-0180 or 414-175-0080, or a claim for a child care payment.

(2) In the Supplemental Nutrition Assistance Program (SNAP):

(a) An individual commits an intentional program violation by:

(A) Making a false or misleading statement or misrepresenting, concealing or withholding a fact relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking (see OAR 461-195-0601(2)(b)) of SNAP benefits; or

(B) Committing any act that constitutes a violation of the Food Stamp Act, the SNAP program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of SNAP benefits.

(b) "Trafficking" means any of the following:

(A) The buying, selling, stealing, or other exchange of SNAP benefits for cash or consideration other than eligible food, either directly or indirectly, in complicity or collusion with others or acting alone.

(B) The exchange of firearms, ammunition, explosives, or controlled substances (as defined in section 802 of title 21, United States Code), for SNAP benefits.

(C) Purchasing a product with SNAP benefits that has a container return deposit with the intent of obtaining cash by intentionally discarding the product and returning the container for the deposit amount.

(D) Purchasing a product with SNAP benefits with the intent of obtaining cash or consideration other than eligible food by intentionally reselling the product purchased with SNAP benefits.

(E) Intentionally purchasing products originally purchased with SNAP benefits in exchange for cash or consideration other than eligible food.

(3) In the State Family Pre-SSI/SSDI (SFPSS) program, an individual commits an intentional program violation by intentionally:

(a) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility (see OAR 461-001-0000) for SFPSS or increasing, or preventing a reduction in, the amount of the SFPSS grant; or

(b) Committing any act intended to mislead or to conceal or withhold information for the purpose of establishing or maintaining eligibility for SFPSS or increasing, or preventing a reduction in, the amount of the SFPSS grant.

(4) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, an individual commits an intentional program violation by intentionally:

(a) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility for the REF, REFM, or TANF programs, or increasing or preventing a reduction in the amount of the REF or TANF grant; or

(b) Committing any act intended to mislead or to conceal or withhold information for the purpose of establishing or maintaining eligibility for the REF, REFM, or TANF programs, or increasing or preventing a reduction in the amount of the REF or TANF grant.

(5) In the Summer EBT (SEBT) program, intentional program violation penalties apply to an adult (see OAR 461-196-0020) who:

(a) Commits an intentional program violation as defined in subsection (6)(a) of this rule; or

(b) Ordered, coerced, persuaded, encouraged, or otherwise induced an individual under the age of 18 to commit an SEBT intentional program violation.

(6) In the SEBT program:

(a) An individual commits an intentional program violation by:

(A) Making a false or misleading statement or misrepresenting, concealing, or withholding a fact for the purpose of establishing or maintaining eligibility for the SEBT program or trafficking (see OAR 461-195-0601(6)(b)) of SEBT benefits; or

(B) Committing any act that constitutes a violation of the Agricultural Act of 2014, the SEBT program regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of SEBT benefits.

(b) "Trafficking" means any of the following:

(A) The buying, selling, stealing, or other exchange of SEBT benefits for cash or consideration other than eligible food, either directly or indirectly, in complicity or collusion with others or acting alone.

(B) The exchange of firearms, ammunition, explosives, or controlled substances (as defined in section 802 of title 21, United States Code), for SEBT benefits.

(C) Purchasing a product with SEBT benefits that has a container return deposit with the intent of obtaining cash by intentionally discarding the product and returning the container for the deposit amount.

(D) Purchasing a product with SEBT benefits with the intent of obtaining cash or consideration other than eligible food by intentionally reselling the product purchased with SEBT benefits.

(E) Intentionally purchasing products originally purchased with SEBT benefits in exchange for cash or consideration other than eligible food.

Or. Admin. Code § 461-195-0601

AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 8-2004, f. & cert. ef. 4-1-04; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08; SSP 7-2013(Temp), f. & cert. ef. 3-25-13 thru 9-21-13; SSP 23-2013, f. & cert. ef. 9-20-13; SSP 19-2015, f. & cert. ef. 7/1/2015; SSP 10-2017, f. 3-24-17, cert. ef. 4/1/2017; SSP 20-2023, amend filed 06/22/2023, effective 7/1/2023; SSP 47-2024, temporary amend filed 08/23/2024, effective 8/23/2024 through 2/18/2025

Statutory/Other Authority: ORS 411.060, 411.660, 411.816, 412.014 & 412.049

Statutes/Other Implemented: ORS 411.060, 411.630, 411.635, 411.660, 411.816, 412.014 & 412.049