Current through Register Vol. 63, No. 3, March 1, 2024
(1) In the EA program, a basic
decision notice (see OAR 461-001-0000) is sent for all
situations.
(2) In the SNAP
program, a basic decision notice is sent for all actions on
applications for assistance.
(3) In
the REP and JOBS programs:
(a) A
basic decision notice is sent whenever a request for a support
service payment is denied.
(b) No
decision notice is required if a request for a support service is
approved.
(4) A
basic decision notice is sent to close JPI benefits when the
filing group (see OAR 461-110-0310) reports a change during the reporting
period in which SNAP benefits do not decrease.
(5) In the TANF program, a notice approving
benefits informs the client, within one month following eligibility
determination, of the opportunity to volunteer for JOBS participation and of
the procedure for JOBS program entry.
(6) In the Pre-TANF program, a basic
decision notice is sent when payment for basic living expenses is
denied or when payment for other support services in the JOBS program is
denied. No other notices are required for this program.
(7) In the TA-DVS program, a basic
decision notice (see OAR 461-001-0000) is sent to a safe mailing
address or hand delivered for all situations. This includes when the program is
approved, denied, or closed (prior to the end of the 90 day eligibility period)
and when a payment under the program is denied.
(8) In all programs except the Pre-TANF
program, unless stated differently in this rule or another rule, the Department
mails or otherwise provides the client with (sends) a decision
notice (see OAR 461-001-0000) as follows:
(a) A basic decision notice
is sent whenever an application for assistance, including retroactive medical
assistance, is approved or denied or a request for a support service payment in
the JOBS program is denied.
(b) A
timely continuing benefit decision notice (see OAR
461-001-0000) is sent whenever benefits or support service payments authorized
by OAR 461-190-0211 are reduced or closed, or the method of payment changes to
protective, vendor, or two-party.
(c) A decision noticeis sent
whenever the Department adjusts previously underissued cash assistance or SNAP
benefits.
(9) In all
programs:
(a) Notwithstanding any rule in
Chapter 461, to the extent permitted by OAR 137-003-0530, the Department may
take any of the following actions:
(A) Amend
a decision notice with another decision
notice or a contested case notice.
(B) Amend a contested case notice.
(C) Delay a reduction or closure of benefits
as a result of a client's request for hearing.
(D) Extend the effective date on a
decision notice or contested case notice.
(b) Except as provided in subsection (a) of
this section or when a delay results from the client's request for a hearing, a
notice to reduce or close benefits becomes void if the reduction or closure is
not initiated on the date stated on the notice. If the notice is void, a new
notice is sent to inform the financial group (see OAR
461-110-0530) of a new date on which their benefits will be reduced or
closed.
(c) No
decision
notice is required in each of the following situations:
(A) Benefits are ended because there is no
living person in the benefit group (see OAR
461-110-0750).
(B) A notice was
sent, the client requested a hearing, and either the hearing request is
dismissed or a final order is issued.
(C) The client has signed a voluntary
agreement that qualifies as a final order under ORS
183.417(3)(b)
(see OAR 461-175-0340(2)) except as provided otherwise in OAR
461-175-0220.
(D) To end
Employment Payments (see OAR 461-001-0025 and 461-135-1270) or
JPI benefit (see OAR 461-135-1260) when the individual has applied for and been
found eligible for Pre-TANF, SFPSS, or TANF.
(E) No decision notice is
required in OAR 461-175-0300 based on prior notice.
(d) When the Department amends a
decision notice with another decision notice
under subsection (a) of this section, the date of the amended notice restarts
the client's deadlines to request a hearing or continuing benefits, or
both.
(e) When a contested case
notice extends an effective date or delays a reduction or closure, the date of
the amended notice restarts a client's timeline to request continuing
benefits.
(f) When a client has a
pending hearing request or is receiving continuing benefits, and the Department
amends a notice under this section, the client need not re-file the hearing
request or renew the request for continuing benefits.
Statutory/Other Authority: ORS
329A.500,
409.050,
411.060,
411.070,
411.404,
411.706,
411.816,
412.014,
412.049,
413.085
& 414.685
Statutes/Other Implemented: ORS
183.415,
183.417,
409.010,
411.060,
411.070,
411.117,
411.404,
411.706,
411.816,
412.014
& 412.049