Oregon Administrative Rules
Chapter 461 - DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS
Division 175 - DECISION NOTICES
Section 461-175-0340 - Notice Situation; Voluntary Action

Universal Citation: OR Admin Rules 461-175-0340

Current through Register Vol. 63, No. 9, September 1, 2024

(1) Unless the Department chooses to proceed as described in section (2) of this rule:

(a) For all programs except the SNAP program, if the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative:
(A) Makes an oral request to end or reduce benefits, a timely continuing benefit decision notice (see OAR 461-001-0000) is sent.

(B) Makes a signed, written request to withdraw, end, or reduce benefits, a basic decision notice (see OAR 461-001-0000) is sent.

(C) Makes an oral request to withdraw an application for benefits, a basic decision notice is sent.

(b) In the SNAP program, when the filing group (see OAR 461-110-0370) states it wishes to withdraw its benefits request, or states it wishes to reduce or no longer receive benefits:
(A) If the request is made by phone to end or reduce benefits, a timely continuing benefit decision notice is sent.

(B) If the request is made in person to reduce benefits, a basic decision notice is sent.

(C) If the request to reduce benefits is signed by the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative, a basic decision notice is sent.

(D) If the request to end benefits is signed by the primary person, another adult member of the filing group, or the authorized representative in the presence of a worker, no notice is required. If it is not signed in the presence of a worker, a basic decision notice is sent.

(E) If the client withdraws a signed request for benefits, a basic decision notice is sent.

(2) The Department may reduce or terminate benefits to an individual, and in the OSIPM and QMB programs, an individual may withdraw an application, when the individual completes a voluntary agreement on a Department form used for this purpose.

(a) The Department provides the individual with a copy of the completed agreement and except to the extent provided by OAR 461-175-0220(5) no other notice is required.

(b) The individual may request a hearing to set aside this agreement on the grounds of fraud, duress, or reliance on misinformation provided by the Department, subject to the time limits for hearing requests in OAR 461-025-0310.

(3) In the SNAP program, a timely continuing benefit decision notice is sent if the filing group returns a signed Change Report form with information that requires a reduction or closure of benefits.

(4) In the TANF and REF programs, a voluntary request to end TANF or REF benefits under section (1)(a) of this rule is a voluntary request to close all support services (see OAR 461-001-0025 and OAR 461-001-0027) as well.

Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685

Statutes/Other Implemented: ORS 329A.500, ORS 183.417, 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049

Disclaimer: These regulations may not be the most recent version. Oregon may have more current or accurate information. We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. Please check official sources.
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