Oregon Administrative Code

461-025-0305 Definitions For the purposes of this division of rules, the following definitions apply unless the context clearly indicates otherwise: (1) "Claimant" means a person who has requested a hearing or who is scheduled for an IPV hearing. (2) "Department representative" o…

461-025-0310 Hearing Requests (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…

461-025-0311 Continuation of Benefits (1) This rule explains who may receive continuing benefits until a final order is issued in a contested case. (2) Except as provided otherwise in this rule, an individual who is entitled to a continuing benefit decision notice (see OAR 461-00…

461-025-0315 Expedited Hearings (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 (EA); or (B) Temporary Assistance for Domest…

461-025-0316 Intentional Program Violation (IPV) Hearings; ERDC, REF, REFM, SFPSS, SNAP, SEBT and TANF programs 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 …

461-025-0325 Informal Conference (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 clai…

461-025-0332 Burden of Proof Except in an IPV case, the claimant has the burden of proof. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS 411.095 History: AFS 17-2000, f. 6-28-00, cert. ef. 7-1-00

461-025-0350 Withdrawals of Hearing Requests (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 m…

461-025-0356 Dismissal for Failure to Appear 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.…

461-025-0371 Proposed and Final Orders (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, …

461-025-0375 Final Order; Timeliness and Effective Date (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 no…

461-101-0010 Program Acronyms and Overview (1) Acronyms are frequently used when referring to a program. There is an acronym for each umbrella program and acronyms for each subprogram. (2) When no program acronym appears in a rule in chapter 461 of these rules, the rule with no p…

461-105-0006 Business Continuity Provisions (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 …

461-105-0010 Rights of Clients 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 confidenti…

461-105-0020 Responsibilities 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 a…

461-105-0060 Release of Information to the Client 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) A…

461-105-0070 Client Authorization for Release of Client Information to Third Party (1) For any program covered by chapter 461 of the Oregon Administrative Rules, a verbal authorization from the client is permitted to allow verbal release of specified case record information to th…

461-105-0100 Release of Client Information to Law Enforcement Officers 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 enforce…

461-105-0110 Release of Client Information to Service Providers and Legal Bodies 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 reci…

461-105-0120 Release of Information on Child Support and Paternity Cases (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 e…

461-105-0130 Disclosure of Client Information 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 t…

461-105-0150 Requests and Fees for Written Public Records (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 o…

461-105-0180 Nondiscrimination in Determining Eligibility Determine eligibility without discrimination on the basis of race, color, sex, national origin, disability, political beliefs, age, or religious creed. Statutory/Other Authority: ORS 411.060 Statutes/Other Implemented: ORS…

461-105-0190 Discriminatory Actions (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, re…

461-105-0410 Requirement to Cooperate in Quality Control Review; REF, REFM, SNAP, and TANF (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 individu…

461-110-0210 Household Group (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…

461-110-0310 Filing Group; Overview (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 O…

461-110-0330 Filing Group; TANF In the Temporary Assistance for Needy Families (TANF) program: (1) A filing group must include a dependent child (see OAR 461-001-0000) or an unborn child. (2) Except for a dependent child identified in section (3) of this rule, a filing group incl…

461-110-0370 Filing Group; SNAP 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) E…

461-110-0410 Filing Group; Medicare Savings Programs, OSIPM (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), th…

461-110-0430 Filing Group; REF, REFM In the Refugee Assistance (REF) and Refugee Assistance Medical (REFM) programs: (1) The filing group consists of an adult (see section (2) of this rule) applicant and the following members of the household group (see OAR 461-110-0210): (a) The…

461-110-0530 Financial Group (1) Except as provided in section (4) of this rule, the "financial group" consists of the filing group (see OAR 461-110-0310) members whose income and resources the Department considers in determining eligibility (see OAR 461-001-0000) and benefits. (…

461-110-0630 Need Group (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 Emergency Assistance (EA) program, the need group consists of the members of the financi…

461-110-0750 Benefit Group (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 i…

461-115-0010 Application Process; General (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 int…

461-115-0020 Application Requirements (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 nec…

461-115-0030 Date of Request (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…

461-115-0040 Filing Date; REF, SNAP, TANF 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 st…

461-115-0050 When an Application Must Be Filed (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 General Assistance (GA) program by completing an application fo…

461-115-0071 Who Must Sign the Application and Complete the Application Process (1) In the Temporary Assistance for Needy Families (TANF) program, at least one caretaker relative (see OAR 461-001-0000) must sign the application and complete the application process. (2) In the Eme…

461-115-0090 Authorized Representatives; General (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, …

461-115-0145 Responsibilities of a Center, Facility, or Group Living Arrangement Acting as Authorized Representative; SNAP (1) In the Supplemental Nutrition Assistance Program (SNAP) it is the responsibility of the center, facility, or group living arrangement (see OAR 461-001-00…

461-115-0150 Offices Where Clients Apply (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. A…

461-115-0190 Application Processing Time Frames; Not Pre-TANF or SNAP (1) In all programs except the EA, Pre-TANF, REF, SFPSS, SNAP, TA-DVS, and TANF programs, the Department determines eligibility and sends a decision notice (see OAR 461-001-0000) not later than the 45th day aft…

461-115-0210 Application Processing Time Frames; SNAP (1) This rule applies in the SNAP program to an initial application and at recertification. (2) The Department will determine eligibility and provide the benefit group the opportunity to participate as soon as possible. The ap…

461-115-0230 Interviews (1) In the Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary Assistance for Needy Families (TANF) programs, (a) An interview with an adult in the filing group (see OAR 461-110-0330 and OAR 461-110-0430 ) or the authorized represent…

461-115-0430 Periodic Redeterminations or Renewal; Not EA, SNAP, or TA-DVS The Department periodically reviews eligibility (see OAR 461-001-0000) of individuals receiving benefits and assigns a redetermination or renewal date by which the next review of eligibility is required. T…

461-115-0450 Periodic Redeterminations; SNAP In the Supplemental Nutrition Assistance Program (SNAP), the Department selects the certification period (see OAR 461-001-0000) and the redetermination date based on the individual's circumstances and according to the following conside…

461-115-0610 Verification; General (1) To be eligible for benefits, individuals must provide verification when the Department requests verification. The Department will notify an individual when verification, or additional verification, of any factor affecting eligibility or bene…

461-115-0651 Required Verification and When to Verify; SNAP (1) The Department must give households at least 10 days to provide required verification. (2) All of the following information must be verified when an individual initially applies for Supplemental Nutrition Assistance …