Current through Register Vol. 63, No. 9, September 1, 2024
(1) In the child care programs, a provider
commits an intentional program violation (IPV) by
intentionally making a false or misleading statement or misrepresenting,
concealing, or withholding information related to their request to be eligible
for a child care payment under OAR
461-165-0180 or
414-175-0080, or a claim for a
child care payment.
(2) In the
Supplemental Nutrition Assistance Program (SNAP):
(a) An individual commits an
intentional program violation by:
(A) Making a false or misleading statement or
misrepresenting, concealing or withholding a fact relating to the use,
presentation, transfer, acquisition, receipt, possession, or
trafficking (see OAR
461-195-0601(2)(b))
of SNAP benefits; or
(B) Committing
any act that constitutes a violation of the Food Stamp Act, the SNAP program
regulations, or any state statute relating to the use, presentation, transfer,
acquisition, receipt, possession, or trafficking of SNAP
benefits.
(b)
"Trafficking" means any of the following:
(A)
The buying, selling, stealing, or other exchange of SNAP benefits for cash or
consideration other than eligible food, either directly or indirectly, in
complicity or collusion with others or acting alone.
(B) The exchange of firearms, ammunition,
explosives, or controlled substances (as defined in section 802 of title 21,
United States Code), for SNAP benefits.
(C) Purchasing a product with SNAP benefits
that has a container return deposit with the intent of obtaining cash by
intentionally discarding the product and returning the container for the
deposit amount.
(D) Purchasing a
product with SNAP benefits with the intent of obtaining cash or consideration
other than eligible food by intentionally reselling the product purchased with
SNAP benefits.
(E) Intentionally
purchasing products originally purchased with SNAP benefits in exchange for
cash or consideration other than eligible food.
(3) In the State Family Pre-SSI/SSDI (SFPSS)
program, an individual commits an intentional program violation by
intentionally:
(a) Making a false or
misleading statement or misrepresenting, concealing, or withholding a fact for
the purpose of establishing or maintaining eligibility (see
OAR 461-001-0000) for SFPSS or
increasing, or preventing a reduction in, the amount of the SFPSS grant;
or
(b) Committing any act intended
to mislead or to conceal or withhold information for the purpose of
establishing or maintaining eligibility for SFPSS or
increasing, or preventing a reduction in, the amount of the SFPSS
grant.
(4) In the
Refugee Assistance (REF), Refugee Assistance Medical (REFM), and Temporary
Assistance for Needy Families (TANF) programs, an individual commits an
intentional program violation by intentionally:
(a) Making a false or misleading statement or
misrepresenting, concealing, or withholding a fact for the purpose of
establishing or maintaining eligibility for the REF, REFM, or
TANF programs, or increasing or preventing a reduction in the amount of the REF
or TANF grant; or
(b) Committing
any act intended to mislead or to conceal or withhold information for the
purpose of establishing or maintaining eligibility for the
REF, REFM, or TANF programs, or increasing or preventing a reduction in the
amount of the REF or TANF grant.
(5) In the Summer EBT (SEBT) program,
intentional program violation penalties apply to an
adult (see OAR 461-196-0020) who:
(a) Commits an intentional program
violation as defined in subsection (6)(a) of this rule; or
(b) Ordered, coerced, persuaded, encouraged,
or otherwise induced an individual under the age of 18 to commit an SEBT
intentional program violation.
(6) In the SEBT program:
(a) An individual commits an
intentional program violation by:
(A) Making a false or misleading statement or
misrepresenting, concealing, or withholding a fact for the purpose of
establishing or maintaining eligibility for the SEBT program
or trafficking (see OAR
461-195-0601(6)(b))
of SEBT benefits; or
(B) Committing
any act that constitutes a violation of the Agricultural Act of 2014, the SEBT
program regulations, or any state statute relating to the use, presentation,
transfer, acquisition, receipt, possession, or trafficking of
SEBT benefits.
(b)
"Trafficking" means any of the following:
(A)
The buying, selling, stealing, or other exchange of SEBT benefits for cash or
consideration other than eligible food, either directly or indirectly, in
complicity or collusion with others or acting alone.
(B) The exchange of firearms, ammunition,
explosives, or controlled substances (as defined in section 802 of title 21,
United States Code), for SEBT benefits.
(C) Purchasing a product with SEBT benefits
that has a container return deposit with the intent of obtaining cash by
intentionally discarding the product and returning the container for the
deposit amount.
(D) Purchasing a
product with SEBT benefits with the intent of obtaining cash or consideration
other than eligible food by intentionally reselling the product purchased with
SEBT benefits.
(E) Intentionally
purchasing products originally purchased with SEBT benefits in exchange for
cash or consideration other than eligible food.
Statutory/Other Authority: ORS
411.060,
411.660,
411.816,
412.014 &
412.049
Statutes/Other Implemented: ORS
411.060,
411.630,
411.635,
411.660,
411.816,
412.014 &
412.049
