Current through Register Vol. 63, No. 9, September 1, 2024
(1) Disqualification penalties resulting from
intentional program violations and other violations of law are listed in this
rule. An individual may be subject to disqualification for an
intentional program violation (IPV) (see OAR
461-195-0601) only if the
individual was advised of the disqualification penalties prior to committing
the IPV. A disqualification established in another state or established in the
Food Distribution Program on Indian Reservations continues in effect in
Oregon.
(2) In the Employment
Related Day Care (ERDC) program, if an IPV is established against an individual
through a contested case hearing, a waiver of the right to hearing, or by a
state or federal court, that individual is liable for repayment to the
Department of the full amount of overpayment (see OAR
461-195-0501) the Department has
established. Payments of restitution to the Department are credited against the
amount owed. A recipient (see OAR
461-195-0301) is not subject to
an IPV disqualification but is still required to repay
overpayment amounts.
(3) A child care provider who has incurred an
overpayment established as an IPV claim is ineligible for
payment---
(a) For six months and until the
full amount of the overpayment is paid; or
(b) Permanently, if the Department of Early
Learning and Care (DELC) finds that such ineligibility is in the public
interest. The following is a non-exclusive list of reasons that support a
determination of permanent ineligibility: safety concerns; or, the likelihood
of future violations; or, the degree of egregiousness of any of the established
IPVs; or, the degree of primary involvement in the violation by the
provider.
(4) In the
Refugee Assistance (REF), Summer EBT (SEBT), Supplemental Nutrition Assistance
Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs,
when an IPV is established against an individual through a contested case
hearing, a waiver of the right to hearing, or by a state or federal court:
(a) Except as otherwise set forth in this
section, the individual is disqualified from receiving benefits in the program
in which the IPV was committed for a period of 12 calendar months for the first
IPV, 24 calendar months for the second IPV, and permanently for the third
IPV.
(b) In the REF program, the
individual is disqualified from receiving benefits in the program in which the
IPV was committed for the remaining twelve months of eligibility.
(c) An individual found by a federal, state,
or local court to have traded a controlled substance for SNAP benefits is
disqualified from participation in the SNAP program as follows:
(A) For a period of two years upon the first
occasion.
(B) Permanently upon the
second occasion.
(d) An
individual found by a federal, state, or local court to have traded a
controlled substance for SEBT benefits is disqualified from participation in
the SEBT program as follows:
(A) For a period
of two years upon the first occasion.
(B) Permanently upon the second
occasion.
(e) An
individual found by a federal, state, or local court to have traded firearms,
ammunition, or explosives for SNAP benefits is permanently disqualified from
participation in the SNAP program.
(f) An individual found by a federal, state,
or local court to have traded firearms, ammunition, or explosives for SEBT
benefits is permanently disqualified from participation in the SEBT
program.
(g) An individual
convicted of trafficking (see OAR
461-195-0601) SNAP benefits for
a value of $500 or more is permanently disqualified from participation in the
SNAP program.
(h) An individual
convicted of trafficking (see OAR
461-195-0601) SEBT benefits for
a value of $500 or more is permanently disqualified from participation in the
SEBT program.
(i) Unless
permanently disqualified in the same program, an individual is disqualified for
a 10-year period from receiving benefits in the program in which the individual
committed fraud if the individual --
(A) In
TANF program:
(i) Is convicted in state or
federal court of having made a fraudulent statement or representation with
respect to the place of residence of the individual in order to receive
assistance simultaneously from two or more states under programs that are
funded under Title IV or XIX of the Social Security Act; or
(ii) Is found in an IPV hearing or admits, in
a written waiver of the right to an IPV hearing, to having made a fraudulent
statement or representation with respect to the identity or place of residence
of the individual in order to receive benefits simultaneously from two or more
states.
(B) In the SNAP
program, is found to have or admits to having made a fraudulent statement or
representation with respect to the identity or place of residence of the
individual in order to receive multiple SNAP benefits simultaneously.
(C) In the SEBT program, is found to have or
admits to having made a fraudulent statement or representation with respect to
the identity or place of residence of the individual in order to receive
multiple SEBT benefits simultaneously.
(5) If the TANF grant is affected by the IPV
penalty imposed under this rule, eligibility (see OAR
461-001-0000) for and the level
of SNAP benefits are determined in accordance with OAR
461-145-0105.
(6) Once a disqualification period begins, it
continues uninterrupted until completed, regardless of the
eligibility of the filing group (see OAR
461-110-0310 and 461-196-0020)
of the disqualified individual.
Statutory/Other Authority: 409.050, 411.060, 411.816, 412.049
& ORS 329A.500
Statutes/Other Implemented: 411.060, 411.816, 412.049,
409.010, ORS 329A.500,
7 CFR
273.16,
7 CFR
273.18 & 45 CFR 400
