Chapter 411 — Chapter 411

ORS 411.594 Petition for enforcement of subpoena issued under ORS 411.593. (1) In case of the refusal of a witness to attend or testify or produce any papers required by such subpoena, the person designated by the subpoena as the person before whom the testimony is to be given or the papers produced, may petition the circuit court in and for the county in which the investigation or hearing is pending for an order directing the witness to attend and testify or produce the papers before the petitioner

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ORS 411.595 [1983 c.299 §2; 1987 c.3 §14; 2001 c.900 §90; renumbered 411.072 in 2009]

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ORS 411.596 Court order to show cause issued upon filing of petition for enforcement of subpoena. Upon the filing of such a petition, the court shall enter an order, a copy of which shall be served upon the witness, directing the witness to appear before the court at a time and place to be fixed by the court in such order, the time to be not more than 10 days from the date of the order, and then and there show cause why the witness has not attended and testified or produced the papers as required by the subpoena. [Formerly 411.385]

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ORS 411.597 Court may compel appearance of witness before petitioner. (1) If at the hearing provided for in ORS 411.596 it is apparent to the court that the subpoena was regularly issued, the court shall thereupon enter an order that the witness appear before the petitioner at a time and place to be fixed in such order, and testify and produce the required papers

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ORS 411.598 [2005 c.692 §6; renumbered 411.431 in 2009]

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ORS 411.600 [2005 c.692 §4; 2009 c.263 §3; renumbered 411.432 in 2009]

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ORS 411.610 Indorsement by others of assistance checks or warrants payable to deceased recipient; disposition of proceeds. Any check or warrant issued by the Department of Human Services or the Oregon Health Authority to a recipient of public assistance or medical assistance who subsequently dies may be indorsed in the name of the deceased by the surviving spouse or a next of kin in the order described in ORS 293.490 (3); and payment may be made and the proceeds used without any of the restrictions enumerated in ORS 293.495 (1). [Amended by 1957 c.120 §1; 1981 c.594 §9; 2011 c.720 §114; 2013 c.688 §49]

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ORS 411.620 Recovery of public assistance or medical assistance obtained or disposed of unlawfully. (1) The Department of Human Services or the Oregon Health Authority may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of public assistance or medical assistance, or has aided any other person to obtain public assistance or medical assistance, in violation of any provision of ORS 411.630 or in violation of ORS 411.640. In such suit or action, the department or the authority may recover the amount or value of public assistance or medical assistance obtained in violation of ORS 411.630 or in violation of ORS 411.640, with interest, together with costs and disbursements incurred in recovering the public assistance or medical assistance

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ORS 411.630 Unlawfully obtaining public assistance or medical assistance. (1) A person may not knowingly obtain or attempt to obtain, for the benefit of the person or of another person, any public assistance or medical assistance to which the person or other person is not entitled under state law by means of

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ORS 411.632 Relief where assets transferred, removed or secreted. If it reasonably appears that a recipient of public assistance or a recipient of medical assistance has assets in excess of those allowed to a recipient of such assistance under applicable federal and state statutes, rules and regulations, and it reasonably appears that such assets may be transferred, removed, secreted or otherwise disposed, then the Department of Human Services or the Oregon Health Authority may seek appropriate relief under ORCP 83 and 84 or any other provision of law, but only to the extent of the liability. The state shall not be required to post a bond in seeking the relief. [1987 c.438 §6; 2001 c.900 §91; 2011 c.720 §117; 2013 c.688 §52]

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ORS 411.635 Recovery of improperly disbursed public assistance or medical assistance. (1)(a) Medical assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 by the Oregon Health Authority or the Department of Human Services

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ORS 411.640 Overpayments of public assistance or medical assistance. A person has received an overpayment of public assistance or medical assistance, for purposes of ORS 411.703, if the person has

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ORS 411.650 [1963 c.499 §5; 1965 c.300 §1; 1971 c.799 §23; 2003 c.576 §442; 2009 c.28 §1; renumbered 411.087 in 2009]

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ORS 411.660 Modification, cancellation or suspension of public assistance. (1) If any person is convicted of a violation of any provision of ORS 411.630, any grant of public assistance made wholly or partially to meet the needs of such person shall be modified, canceled or suspended for such time and under such terms and conditions as may be prescribed by or pursuant to rules or regulations of the Department of Human Services

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ORS 411.670 Definitions for ORS 411.640, 411.670, 411.675 and 411.690. As used in this section and ORS 411.640, 411.675 and 411.690

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ORS 411.675 Submitting wrongful claim for payment of public assistance or medical assistance. A person may not obtain or attempt to obtain, for personal benefit or the benefit of another person, a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient by knowingly

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ORS 411.690 Liability of person wrongfully receiving payment of public assistance or medical assistance; amount of recovery; rules. (1) A person who accepts from the Department of Human Services or the Oregon Health Authority a payment for furnishing any need to or for the benefit of a public assistance or medical assistance recipient is liable to refund or credit the amount of the payment to the department or the authority if the person has obtained or subsequently obtains from the recipient or from any source any additional payment for furnishing the same need. However, the liability of the person is limited to the lesser of the following amounts

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ORS 411.692 Definition for ORS 93.268 and 411.694. As used in ORS 93.268 and 411.694, “encumbrance” means a voluntary instrument granting a security interest in the affected real property to secure a monetary obligation. [2003 c.638 §1; 2005 c.22 §279]

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ORS 411.694 Request for notice of transfer or encumbrance of real property held by recipient of public assistance or medical assistance; rules. (1) When an individual receives public assistance as defined in ORS 411.010 or medical assistance as defined in ORS 414.025 and the individual is the holder of record title to real property or the purchaser under a land sale contract, the Department of Human Services or the Oregon Health Authority may present to the county clerk for recordation in the deed and mortgage records of a county a request for notice of transfer or encumbrance of the real property

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ORS 411.700 [1974 c.17 §2; 1975 c.498 §1; 1977 c.841 §11; 1977 c.863 §1a; 1993 c.355 §1; 1997 c.170 §29; 1997 c.581 §9; 2005 c.381 §9; renumbered 411.083 in 2009]

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ORS 411.703 Issuance of warrants for overpayment of public assistance or medical assistance. (1) If an overpayment of public assistance, including supplemental nutrition assistance issued under ORS 411.806 to 411.845, or medical assistance is not repaid within 30 days of the payment due date, after an individual has been afforded an opportunity for a contested case hearing under ORS chapter 183 relating to the overpayment, the Department of Human Services or the Oregon Health Authority may

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ORS 411.704 Definitions for ORS 411.141, 411.706 and 411.708. As used in this section and ORS 411.141, 411.706 and 411.708

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ORS 411.705 [1975 c.672 §20; repealed by 1977 c.841 §13]

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ORS 411.706 Oregon Supplemental Income Program. (1) The Oregon Supplemental Income Program shall provide assistance according to the rules of the Department of Human Services and on the basis of need, taking into account the income and resources available to the applicant or recipient

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ORS 411.708 Recovery of supplemental income program assistance from certain estates; exceptions; certain transfers of property voidable. (1) The amount of any assistance paid under ORS 411.706 is a claim against the property or interest in the property belonging to and a part of the estate of any deceased recipient. If the deceased recipient has no estate, the estate of the surviving spouse of the deceased recipient, if any, shall be charged for assistance granted under ORS 411.706 to the deceased recipient or the surviving spouse. There shall be no adjustment or recovery of assistance correctly paid on behalf of any deceased recipient under ORS 411.706 except after the death of the surviving spouse of the deceased recipient, if any, and only at a time when the deceased recipient has no surviving child who is under 21 years of age or who is blind or has a disability. Transfers of real or personal property by recipients of assistance without adequate consideration are voidable and may be set aside under ORS 411.620 (2)

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ORS 411.710 Basis for granting general assistance; rules. (1) General assistance shall be granted in accordance with the rules and regulations of the Department of Human Services and on the basis of need, taking into account the income, resources and maintenance available to the individual from whatever source derived and the necessary expenditures of the individual and the conditions existing in each case

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ORS 411.720 Residence required of applicants for general assistance. No person shall be eligible for general assistance unless the person is a resident of the State of Oregon. [Amended by 1969 c.468 §1]

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ORS 411.730 Application for general assistance; determination of eligibility and amount of grant. The Department of Human Services shall receive all applications for general assistance, and shall determine in accordance with its rules and regulations the eligibility for and the amount of the assistance which any person shall receive. [Amended by 1955 c.613 §2; 1969 c.68 §4; 1971 c.779 §24]

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ORS 411.740 General assistance administration. The Department of Human Services shall administer and supervise the administration of general assistance and it shall prescribe the form of and supply all blank applications, reports, affidavits and such other forms as the department deems advisable. [Amended by 1969 c.597 §244; 1971 c.779 §25]

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ORS 411.750 Cooperation with federal government in providing general assistance. The Department of Human Services shall cooperate with the United States Government, departments and agencies of the State of Oregon and the counties of the state in providing general assistance, either direct relief, community work and training, medical and hospital care or other services for needy persons and shall receive, disburse or distribute all sums of money, commodities and other properties from the United States Government, departments or agencies of the State of Oregon and counties of the state for assistance purposes for needy persons. [Amended by 1967 c.130 §1]

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ORS 411.752 General assistance project established. (1) The general assistance project is established in the Department of Human Services. The department shall conduct outreach to individuals who are likely to meet the qualification criteria for the project and provide aid and services designed to assist the individuals in securing housing and Supplemental Security Income benefits or Social Security Disability Insurance benefits. An individual is qualified to participate in the project if the individual

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ORS 411.753 Advisory group for general assistance project. The Department of Human Services shall convene an advisory group that includes individuals representing nonprofit agencies that, as part of their primary mission, advocate for and provide services to low income adults. The department shall work with the advisory group to

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ORS 411.760 Assistance grants are inalienable. All moneys granted under the provisions of ORS 411.060, 411.070, 411.706, 411.710 to 411.730 and 411.752 are inalienable by any assignment or transfer and are exempt from garnishment, levy or execution under the laws of this state. [Amended by 2005 c.381 §10; 2016 c.93 §6]

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ORS 411.765 [1969 c.207 §2; repealed by 2001 c.900 §261]

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ORS 411.770 [Repealed by 1953 c.500 §12]

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ORS 411.775 [1969 c.207 §3; repealed by 2001 c.900 §261]

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ORS 411.785 [1969 c.207 §4; repealed by 2001 c.900 §261]

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ORS 411.790 Assistance to certain persons receiving employment income. (1) In granting general assistance, the Department of Human Services shall apply a graduated scale that disregards a portion of a person’s income, if that income is earned in employment that is part of an approved treatment or rehabilitation program and if the person has been unemployed and receiving general assistance due to chronic mental illness

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ORS 411.795 Claim against estate of deceased recipient of general assistance. (1) The amount of any general assistance paid under ORS chapter 411 is a claim against the property or any interest therein belonging to and a part of the estate of any deceased recipient or if there be no estate or the estate does not have sufficient assets to satisfy the claim, the estate of the surviving spouse shall be charged for such aid paid to either or both; provided, however, that there shall be no adjustment or recovery of any general assistance correctly paid to or on behalf of any individual under ORS chapter 411 except after the death of such individual and the surviving spouse of the individual, if any, and only at a time when the individual has no surviving child who is under 21 years of age or is blind or permanently and totally disabled

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ORS 411.800 [1980 c.18 §1; 1983 c.2 §2; 1985 c.255 §1; 1985 c.819 §1; 1987 c.71 §1; 1989 c.1001 §1; 1991 c.39 §1; 1993 c.11 §1; 1995 c.148 §1; repealed by 1997 c.581 §48]

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ORS 411.802 Compensation for in-home care by spouse. If an approved provider who is compensated by the Department of Human Services for providing in-home care to a recipient of public assistance or medical assistance marries the recipient, the department shall consider the care provided as compensable even though provided by a spouse. The standard of compensation under this section shall be the same as the standard applied for in-home care provided by an approved provider not residing in the home of the recipient. [1987 c.629 §2; 2001 c.900 §94; 2013 c.688 §61]

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ORS 411.803 When spouse may be compensated for in-home care. When a married recipient of public assistance provided under ORS 411.706 requires in-home care, the Department of Human Services shall provide that such care be compensated even though provided by the spouse, in the manner and to the extent specified by rule of the department based on the extent of need and the availability of funds therefor. [1985 c.638 §2; 2001 c.900 §95; 2005 c.381 §11]

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ORS 411.805 [1961 c.526 §1; repealed by 1963 c.599 §2 (411.806 enacted in lieu of 411.805)]

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ORS 411.806 Definitions for ORS 411.806 to 411.845. As used in ORS 411.806 to 411.845, unless the context or a specially applicable statutory definition requires otherwise

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ORS 411.810 [1961 c.526 §2; repealed by 1963 c.599 §4 (411.811 enacted in lieu of 411.810)]

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ORS 411.811 Distribution by tribal councils; duties of department with respect to food distribution programs; rules. (1) A tribal council of an Indian tribe may make direct distribution of food commodities to recipients

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ORS 411.813 Farm Direct Nutrition Programs authorized; rules. (1) The Oregon Health Authority, in partnership with the State Department of Agriculture, is authorized to operate a Farm Direct Nutrition Program to provide supplemental assistance to participants in the Women, Infants and Children Program established by ORS 413.500 for the purchase of fresh, unprocessed, locally grown fruits, vegetables and herbs from farmers’ markets or roadside stands

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ORS 411.815 [1961 c.526 §3; repealed by 1963 c.599 §6 (411.816 enacted in lieu of 411.815)]

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ORS 411.816 Eligibility for and amount of assistance; rules. The Department of Human Services shall adopt rules conforming to federal laws and regulations required to be observed in maintaining the eligibility of this state to receive from the federal government, and to issue supplemental nutrition assistance under the Supplemental Nutrition Assistance Program. Rules adopted by the department pursuant to this section shall relate to and include, but shall not be limited to

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ORS 411.818 [2007 c.526 §§2,3; 2009 c.599 §3; repealed by 2015 c.70 §8]

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