Notwithstanding the other rules in this division of rules and
the rules at OAR 137-003-0501 and following, this
rule governs intentional program violation hearings for the Employment Related
Day Care (ERDC) under the authority of Chapter 461, Refugee Assistance (REF),
Refugee Assistance Medical (REFM), State Family Pre-SSI/SSDI (SFPSS),
Supplemental Nutrition Assistance Program (SNAP), Summer EBT (SEBT) and
Temporary Assistance for Needy Families (TANF) programs.
(1) An individual accused of an Intentional
Program Violation may waive the right to an IPV hearing by signing a waiver on
a form prescribed by the
Department. There is no further administrative appeal
after the individual signs the waiver unless the individual asserts that the
signature on the waiver was obtained by fraud or under duress and, within 90
days from the date the waiver was signed, requests a hearing (see OAR
461-025-0310) to prove this. The
individual has the burden of proving fraud or duress. If an Administrative Law
Judge determines that the signature on the waiver was obtained by fraud or
under duress, the waiver may be nullified and the
Department may thereafter
initiate an Intentional Program Violation hearing.
(2) If an IPV is not established by waiver or
in court, the Department may initiate the IPV hearing. The individual is
entitled to an Advanced Notice of Intentional Program Violation Hearing at
least 30 days in advance of the scheduled hearing. The notice includes the
specific charge(s) alleged by the Department.
(3) Within 90 days of the date the individual
is notified in writing of the disqualification hearing, the Office of
Administrative Hearings will conduct the hearing and serve a final order on the
individual.
(4) The individual is
entitled to a postponement of the scheduled hearing, if the request for
postponement is made at least 10 days before the date of the scheduled hearing.
The hearing will not be postponed for more than a total of 30 days, and the
Office of Administrative Hearings may limit the postponements to one.
(5) When the individual fails to appear for
the scheduled IPV hearing, the hearing may be conducted without the individual
if:
(a) The individual refused the notice of
hearing;
(b) The individual refused
to claim the notice of hearing;
(c)
The individual received the notice of hearing; or
(d) The notice of hearing was sent to the
address last reported by the individual to the Department and was returned as
undeliverable.
(6) An
individual who received notice of the scheduled IPV hearing has 10 days from
the date of the scheduled hearing to present reasons indicating a "
good cause"
for failure to appear. An individual who did not receive notice of the
scheduled IPV hearing must present reasons indicating "
good cause" for failure
to appear as part of a petition for reconsideration or rehearing of the final
order within 30 days of the date of the final order.
(a) For purposes of this rule, "good cause"
means the individual was unable to attend the hearing and unable to request a
postponement for reasons beyond their control.
(b) "Good cause" will be determined on the
record by the Office of Administrative Hearings. If the individual shows "good
cause", the Office of Administrative Hearings will schedule another IPV hearing
for the individual.
(7)
The Administrative Law Judge must advise the individual that they may refuse to
answer questions during the hearing.
(8) The standard for proving that an
individual has committed an Intentional Program Violation is clear and
convincing evidence.
(9) There is
no administrative appeal of a final order, except as provided in section (6) of
this rule.
Notes
Or. Admin. Code
§
461-025-0316
AFS
4-1995, f. & ef. 2-1-95; AFS 16-1999, f. 12-29-99, cert. ef. 1-1-00; SSP
14-2006, f. 9-29-06, cert. ef. 10-1-06; SSP 9-2014, f. & cert. ef. 4-1-14;
SSP 24-2019, temporary amend filed 12/17/2019, effective 12/17/2019 through
06/13/2020; SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020;
SSP
19-2023, amend filed 06/20/2023, effective
7/1/2023;
SSP
40-2024, temporary amend filed 06/18/2024, effective
6/18/2024 through
12/14/2024;
SSP
58-2024, amend filed 11/27/2024, effective
12/1/2024
Statutory/Other Authority: 411.816 & ORS
409.050
Statutes/Other Implemented: ORS
183.417,
409.010,
411.620,
411.630,
411.635,
411.640,
411.660,
411.690,
411.816 &
411.840
