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