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 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 REF,
REFM, SNAP, and 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 and REFM programs, 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 firearms,
ammunition, or explosives for SNAP benefits is permanently disqualified from
participation in the SNAP program.
(e) An individual convicted of
trafficking (see OAR
461-195-0601) benefits for a
value of $500 or more is permanently disqualified from participation in the
SNAP program.
(f) An individual is
disqualified for a 10-year period, except if permanently disqualified under
subsection (b) of this section, 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.
(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) 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
