Current through Register Vol. 63, No. 9, September 1, 2024
(1) If a benefit group (see
OAR 461-110-0750) or individual is
disqualified for a Supplemental Nutrition Assistance Program (SNAP) voluntary
job quit or for failure to apply for or provide a Social Security number (SSN),
pursue assets, cooperate in the Job Opportunity and Basic Skills (JOBS)
program, JOBS Plus, Refugee Employment Program (REP), or a SNAP Employment and
Training program, or assist the state's efforts to collect support, the
Department sends the following type of notice:
(a) If benefits are reduced or closed because
of the disqualification:
(A) A
continuing benefit decision notice (see OAR
461-001-0000) is used when
changes are reported on the Periodic Report form.
(B) A timely continuing benefit
decision notice (see OAR
461-001-0000) is used when
changes are not reported on the Periodic Report form.
(b) If benefits are opened without the
disqualified individual in the benefit group or if the entire
benefit group is denied assistance, a basic decision
notice (see OAR
461-001-0000) is
used.
(2) For a JOBS,
JOBS Plus, REP, or a SNAP Employment and Training disqualification, and for a
SNAP voluntary job quit by an individual receiving SNAP benefits, the notice
includes the following information:
(a) The
individual's action that resulted in disqualification.
(b) The length of the minimum
disqualification period.
(c) The
reduced benefit amount.
(d) How the
individual may end the disqualification after the minimum
period.
(3) For an Able
Bodied Adult Without Dependents (ABAWD) disqualification due to the SNAP time
limit in OAR 461-135-0520, the notice
includes the following information:
(a) The
action that resulted in the disqualification.
(b) The reduced amount when there are other
eligible persons in the filing group.
(c) How the individual may regain eligibility
for SNAP benefits.
(4)
For a voluntary job quit by an individual applying for SNAP benefits, the
notice includes the following information:
(a)
The action that resulted in the disqualification; and
(b) The length of the disqualification
period.
(5) For an
intentional program violation (IPV) disqualification:
(a) In all programs except the SNAP program,
the Department does not send a notice of termination to an individual
disqualified for an IPV after a court order, a final order from an
administrative hearing, or a signed waiver (see OAR
461-175-0200(9)(c)(C)
and OAR 461-195-0621(2))
that imposes the disqualification.
(b) In the SNAP program:
(A) After an individual signs an IPV waiver,
the Department sends a basic decision notice to terminate
benefits. If the Department receives a timely request for a hearing, the
contested case hearing addresses the issues set out in OAR
461-195-0611(3).
(B) The Department sends a basic
decision notice to terminate benefits of an individual disqualified
for an IPV after a court order or a final order from an administrative hearing.
The notice must indicate the disqualification period.
(c) In all programs, the Department sends a
continuing benefit decision notice when benefits for other
individuals in the benefit group are closed or reduced because
an individual in the benefit group is disqualified for an
IPV.
(6) For a
disqualification due to being a fleeing felon or in violation of parole,
probation, or post-prison supervision (under OAR
461-135-0560):
(a) A basic decision notice
is required if benefits are opened without the disqualified individual in the
benefit group or if the entire filing group is denied
benefits.
(b) A timely
continuing benefit decision notice is required if an individual in the
benefit group is disqualified.
(7) The notice situation for a
disqualification due to a transfer of assets is covered in OAR
461-175-0310.
Statutory/Other Authority: ORS
411.060,
411.070,
411.404,
411.816,
412.014,
412.049 & ORS
409.050
Statutes/Other Implemented: ORS
411.060,
411.070,
411.404,
411.816,
412.014,
412.049 & ORS
409.010
