Or. Admin. Code § 461-025-0315 - Expedited Hearings
(1) A
claimant has the right to an expedited hearing in each of the following
situations:
(a) The Department denies or
fails to issue a timely decision on claimant 's request for:
(A) Emergency assistance ; or
(B) TA-DVS (see OAR
461-135-1235).
(b) The claimant contests the form
or amount of a TA-DVS or an emergency assistance payment.
(c) The claimant has the right to a hearing
over a reduction, suspension, or closure and disagrees with the Department 's
decision to deny the continuation of one or more of the following pending a
requested hearing:
(A) Cash
benefits.
(B) Supplemental
Nutrition Assistance Program benefits.
(C) Medical benefits.
(D) Nursing Home services or home and
community-based care (see OAR
461-001-0030) that have been
reduced or closed as a result of a service re-assessment conducted in
accordance with OAR Division 411-015.
(d) The claimant 's request for expedited SNAP
service or DSNAP is denied, or the claimant is aggrieved by an action of the
Department that affects the expedited participation of the household in the
SNAP program.
(e) In the JOBS
program, the Department denies an application for a support service payment or
a payment for a basic living expense authorized by OAR
461-190-0211, or the Department
reduces or closes a support service payment authorized by
461-190-0211, or the Department
does not issue a JOBS support service payment within the time frames required
under 461-115-0190.
(f) In the OSIP, OSIPM, and QMB programs,
when following the final order timeline in OAR
461-025-0375(1)(a)
could jeopardize the individual's life, health, or ability to attain, maintain,
or regain maximum function.
(2) Public assistance and medical assistance
programs: An expedited hearing is a telephone hearing held within five working
days of the Department 's receipt of a properly submitted hearing request,
unless the claimant requests more time. The claimant is entitled to reasonable
notice of the hearing either through personal service, by overnight mail, or if
the claimant agrees by electronic mail. The final order must be issued within
three working days from the date the hearing closes.
(3) Supplemental Nutrition Assistance
Program: An expedited hearing is a telephone hearing held within five working
days of the receipt of a verbal or written hearing request, unless the claimant
requests more time. The claimant is entitled to reasonable notice of the
hearing either through personal service, by overnight mail, or if the claimant
agrees by electronic mail. Following the expedited hearing, a final order must
be issued not later than the ninth working day after the hearing was
requested.
(4) If the Office of
Administrative Hearings grants a face-to-face hearing, the hearing may be
postponed or continued as necessary to accommodate the claimant . However, the
hearing must be held not later than 21 days following the receipt by the
Department of the request for hearing if the claimant lives within 100 miles of
Salem, Oregon, and not later than 35 days in all other cases.
Notes
Statutory/Other Authority: ORS 411.060, 411.095, 411.404, 411.816, 412.049 & 409.050
Statutes/Other Implemented: 411.404, 411.816, 412.049, ORS 411.060, 411.095, 411.099, 411.103, 409.010, 42 CFR 431.224 & 412.072
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