Current through Register Vol. 61, No. 4, April 1, 2022
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
(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.
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
(see OAR 461-195-0501
) the Department has
established. The amount of restitution to the Department ordered by a court as
part of a criminal proceeding does not lower the amount owed to the Department.
Payments of restitution to the Department are credited against the amount owed.
A client is not subject to an IPV disqualification but is still required to
A child care provider found to have
committed an IPV is ineligible for payment for child care as follows:
(a) A child care provider with an IPV
established between April 1, 2001 and September 30, 2005 is permanently
disqualified to receive payment.
A child care provider who has incurred an
established as an IPV claim after September 30,
2005 is ineligible for payment---
(A) For six
months and until the full amount of the overpayment is paid;
(B) Permanently, if the Child
Care Program Manager 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.
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) That individual
is liable for repayment to the Department of the full amount of
overpayment the Department has established, regardless of any
restitution ordered by a court.
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.
(c) 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 eight months of eligibility.
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
(B) Permanently upon the
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.
An individual convicted of
(see OAR 461-195-0601
) benefits for a value of
$500 or more is permanently disqualified from participation in the SNAP
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 --
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
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.
If the TANF grant is affected by the IPV
penalty imposed under this rule, eligibility
) for and the level of SNAP benefits are determined in accordance
with OAR 461-145-0105
disqualification period begins, it continues uninterrupted until completed,
regardless of the eligibility
of the filing group (see OAR
) of the disqualified individual.
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 8-2004, f.
& cert. ef. 4-1-04; SSP 17-2004, f. & cert. ef. 7-1-04; SSP 14-2005, f.
9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP
14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 13-2009, f. & cert. ef. 7-1-09;
SSP 25-2011, f. 9-30-11, cert. ef. 10-1-11; SSP 7-2013(Temp), f. & cert.
ef. 3-25-13 thru 9-21-13; SSP 23-2013, f. & cert. ef. 9-20-13;
19-2015, f. & cert. ef.
2-2016, f. & cert. ef.
34-2017, amend filed 12/18/2017, effective
Statutory/Other Authority: 409.050, 411.060, 411.816, 412.049
Statutes/Other Implemented: 409.010, 411.060, 411.816,
412.049 & ORS