Current through Register Vol. 61, No. 4, April 1, 2022
In connection with a request for an undue hardship waiver under
will provide written notice of the hardship waiver rules to:
(a) The personal representative or other
person handling the deceased client's estate, if that person is known to the
Department at the time the Department files its claim with the probate court.
If the person handling the deceased client's estate is not known to the
Department, the Department will file the written notice with the claim that it
files with the probate court; or
(b) Any beneficiary, heir or family member of
the deceased client who contacts the Department asserting a right superior to
that of the Department to receive property or other assets of the deceased
client unless the Department agrees that the beneficiary, heir or family
member's claim is superior; or
Any beneficiary, heir or family member of the deceased client who held an asset
jointly with the deceased client at the time of death, if that person is known
to the Department unless the Department determines that it has no right to the
jointly held asset.
Any beneficiary, heir, or family member claiming entitlement to receive the
assets of the deceased client may apply for a hardship waiver under this rule
by submitting a written request for a waiver to the Department within 45 days
of the date the notice was sent to the person or to the probate court. The
Department may, in its discretion, consider waiver applications filed after the
45-day period if the waiver applicant demonstrates that there was good cause
for the delay.
request shall include all the following information:
(a) The relationship of the waiver applicant
to the decedent.
(b) The nature of
the applicant's right to receive the property of the decedent if the waiver is
(c) The applicant's
financial situation or other facts that support the applicant's claim that an
undue hardship exists.
statement of the type of waiver that is being requested.
(e) Documentation establishing or
demonstrating any of the information submitted.
(f) Any other information or documentation
that the applicant believes should be considered by the Department in
determining whether an undue hardship exists.
(4) The Department may request additional
information or documentation from the applicant. If the additional information
or documentation is not provided within 30 days of the Department's request for
additional information or documentation, the hardship waiver application will
be considered by the Department on the basis of the information and
90 days of receipt of the hardship waiver application, the Department will
issue a written decision granting or denying, in whole or in part, the
applicant's request for an undue hardship waiver.
(6) If the decision is adverse to the
hardship waiver applicant, the Department's written decision shall include
information regarding the applicant's right to a contested case hearing before
the Office of Administrative Hearings.
(7) The rules and procedures adopted by the
Department in chapters 137 and 461 of the Oregon Administrative Rules shall
apply to hearings challenging the denial of a hardship waiver
(8) The issue for the
hearing will be whether the Department's decision was correct based on the
information available to the Department at the time the written decision was
issued, unless the applicant can show good cause for failing to submit relevant
information or documentation to the Department prior to the date the written
decision was issued.
(9) Receipt of
a timely request for waiver or request for hearing shall not prevent or delay
the Department's pursuit of its estate recovery claim pending issuance of a
final order at the conclusion of the hearing. The Department shall return any
funds it collected if it is ultimately decided that the waiver should have been