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
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
). 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.
Or. Admin. R.
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;
34-2017, amend filed 12/18/2017, effective
Statutory/Other Authority: 411.060, 411.095, 411.816,
Statutes/Other Implemented: 411.060, 411.095, 411.816,
412.049 & 409.010