Or. Admin. Code § 461-195-0611

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

Section 461-195-0611 - [Effective until 2/18/2025] Intentional Program Violations; Establishment and Appeal

(1) In the Employment Related Day Care (ERDC), Refugee Assistance (REF), Refugee Assistance Medical (REFM), Summer EBT (SEBT), Supplemental Nutrition Assistance Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, an intentional program violation (IPV) is established by a state or federal court, by an administrative agency in a contested case, or by a person signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.

(2) Except as provided in section (3) of this rule, there is no administrative appeal after a person waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action.

(3) A person who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress (see OAR 461-025-0310 and 414-175-0095). If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:

(a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.

(b) If an administrative law judge determines that a waiver was signed under duress, the Department may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.

Or. Admin. Code § 461-195-0611

AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018; 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: 411.060, 411.095, 411.816, 412.049, ORS 329A.500, 409.050, 413.085 & 414.685

Statutes/Other Implemented: 411.060, 411.095, 411.816, 412.049 & 409.010