Current through Register Vol. 63, No. 12, December 1, 2024
(1) When the
Department takes any of the actions described in OAR 413-010-0500(2), the
Department issues a written notice to the person that has the right to a
contested case hearing.
(2) When
the Department takes any of the actions described in OAR
413-010-0500(2)(a)-(c), the written notice must:
(a) Specify the date the notice is mailed or
personally delivered;
(b) Specify
the action the Department intends to take and the effective date of the action.
If benefits are reduced or closed to reflect cost-of-living adjustments in
benefits or other mass change under a program operated by a federal agency or
to reflect a mass change to payments in another program operated by the
Department, it is sufficient to meet this requirement that the notice state all
of the following:
(A) The general nature of
the change.
(B) Examples of how the
change affects the benefits of the group of affected clients.
(C) The month in which the change will take
place.
(c) Specify the
circumstances under which payments or benefits are continued if a hearing is
requested and whether continued payments or benefits may be subject to recovery
by the Department if the Department's action is upheld; and
(d) If the Department intends to terminate
benefits or payments because the individual is ineligible for the benefits or
payments or the program is terminated, state that the individual may reapply
for assistance if circumstances affecting the eligibility of the individual
change.
(3) Department
notices indicate that the Department designates the record of the proceeding,
including information in the Department's file or files and materials added by
a party, as the record upon default. When the Department issues a notice to
which OAR 137-003-0672 applies, unless another rule in OAR chapter 413 provides
otherwise, the Department's notice becomes a final order:
(a) The day after the date prescribed in the
notice as the deadline for requesting the hearing if the party fails to request
a hearing; or
(b) The day the
Department or OAH mails an order dismissing the hearing request because the
party withdraws the request or fails to appear on the date and at the time set
for the hearing.
(4) When
the Department terminates or reduces benefits or services under subsections
(2)(a) through (2)(c) of OAR 413-010-0500, the Department must send the notice:
(a) At least 10 calendar days before the
effective date of the action, except as provided in subsection (b) of this
section.
(b) When the Department
changes a benefit standard that results in the reduction, suspension or closure
of a grant of public assistance:
(A) At least
30 days before the effective date of the action; or
(B) At least 10 working days before the
effective date of the action when the Department has fewer than 60 days before
the effective date to implement the proposed change.
(c) For purposes of this rule, the term
"changes a benefit standard" means a change to the applicable
inflation-adjusted contribution, income, or payment standard. It does not
include the annual adjustment to a standard based on a federal or state
inflation rate.
Stat. Auth.: ORS
418.005
Stats. Implemented: ORS
183.411 - 183.685, 411.095,
418.005