Or. Admin. R. 461-195-0611 - Intentional Program Violations; Establishment and Appeal

Current through Register Vol. 61, No. 4, April 1, 2022

(1) In the ERDC, REF, REFM, SNAP, and TANF programs, an IPV is established by a state or federal court, by an administrative agency in a contested case, or by a person signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.
(2) Except as provided in section (3) of this rule, there is no administrative appeal after a person waives the right to an IPV hearing and the penalty may not be changed by subsequent administrative action.
(3) A person who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress (see OAR 461-025-0310). If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:
(a) If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.
(b) If an administrative law judge determines that a waiver was signed under duress, the Department may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.

Notes

Or. Admin. R. 461-195-0611
AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; AFS 6-2001, f. 3-30-01, cert. ef. 4-1-01; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 34-2017, amend filed 12/18/2017, effective 1/1/2018

Statutory/Other Authority: 411.060, 411.095, 411.816, 412.049, ORS 329A.500, 409.050, 413.085 & 414.685

Statutes/Other Implemented: 411.060, 411.095, 411.816, 412.049 & 409.010

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