Or. Admin. Code § 413-010-0515 - Continuation of Benefits
(1) Except
as otherwise provided in this rule, a recipient of benefits is entitled to
receive continuing benefits when the Department takes any action to suspend,
reduce, or terminate benefits or services as described in subsections
(2)(a)(A)-(F), (2)(b), or (2)(c) of OAR
413-010-0500, and the Department
has:
(a) Provided at least 10 days notice of
such action as required by OAR
413-010-0510;
(b) Received a request for a hearing from the
recipient not later than 30 days following the mailing date or date of personal
delivery of the notice, whichever is earlier; and
(c) Received such request prior to the
effective date of the action.
(2) Any continuing benefits authorized by
this rule are subject to recovery by the Department to the extent that the
Department's action is sustained or otherwise upheld.
(3) Continuing benefits may not be provided:
(a) When the recipient specifically requests
that he or she not receive continued assistance pending a hearing
decision;
(b) After a final order
is issued by the Department;
(c)
After a change affecting the recipient's grant, as described in subsections
(2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR
413-010-0500, occurs while the
hearing decision is pending and the recipient fails to request a hearing after
notice of the change; or
(d) After
a determination is made at a hearing that the sole issue is one of state or
federal law or policy or change in state or federal law and not one of
incorrect grant computation.
(4) Except as otherwise provided in this
rule, if the Department provides less than 10 days notice of an action to
suspend, reduce, or terminate benefits or services as described in subsections
(2)(a)(A), (B), (D), and (E), (2)(b) or (2)(c) of OAR
413-010-0500, a recipient of
benefits is entitled to receive continuing benefits if the Department:
(a) Receives a request for a hearing from the
recipient within 10 days of the mailing of the notice of the action;
and
(b) Determines that the action
resulted from other than the application of federal or state law or policy or a
change in state or federal law.
(5) Except as otherwise provided in this
rule, if the Department provides less than 10 days notice of an action to
suspend, reduce, or terminate benefits or services as described in subsection
(2)(a)(C) or (F) of OAR
413-010-0500, or 5 days notice
in cases of probable fraud as described in
42 CFR
431.214, a recipient of benefits is entitled
to receive continuing benefits if the Department:
(a) Receives a request for a hearing from the
recipient within 10 days of the mailing of the notice of the action;
and
(b) Determines that the action
resulted from other than the application of federal or state law or
policy.
Notes
Stat. Auth.: ORS 418.005
Stats. Implemented: ORS 183.411 - 183.685, 411.095, 418.005
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