Or. Admin. Code § 461-175-0200 - Notice Situations; General Information
(1) In the EA program, a basic
decision notice (see OAR
461-001-0000) is sent for all
situations.
(2) In the SNAP
program, a basic decision notice is sent for all actions on
applications for assistance.
(3) In
the REP and JOBS programs:
(a) A basic
decision notice is sent whenever a request for a support service
payment is denied.
(b) No decision
notice is required if a request for a support service is approved.
(4) A basic decision
notice is sent to close JPI benefits when the filing group (see OAR
461-110-0310) reports a change
during the reporting period in which SNAP benefits do not decrease.
(5) In the TANF program, a notice approving
benefits informs the client, within one month following eligibility
determination, of the opportunity to volunteer for JOBS participation and of
the procedure for JOBS program entry.
(6) In the Pre-TANF program, a basic
decision notice is sent when payment for basic living expenses is
denied or when payment for other support services in the JOBS program is
denied. No other notices are required for this program.
(7) In the TA-DVS program, a basic
decision notice (see OAR
461-001-0000) is sent to a safe
mailing address or hand delivered for all situations. This includes when the
program is approved, denied, or closed (prior to the end of the 90 day
eligibility period) and when a payment under the program is denied.
(8) In all programs except the Pre-TANF
program, unless stated differently in this rule or another rule, the Department
mails or otherwise provides the client with (sends) a decision
notice (see OAR
461-001-0000) as follows:
(a) A basic decision notice
is sent whenever an application for assistance, including retroactive medical
assistance, is approved or denied or a request for a support service payment in
the JOBS program is denied.
(b) A
timely continuing benefit decision notice (see OAR
461-001-0000) is sent whenever
benefits or support service payments authorized by OAR
461-190-0211 are reduced or
closed, or the method of payment changes to protective, vendor, or
two-party.
(c) A decision
notice is sent whenever the Department adjusts previously underissued
cash assistance or SNAP benefits.
(9) In all programs:
(a) Notwithstanding any rule in Chapter 461,
to the extent permitted by OAR
137-003-0530, the Department may
take any of the following actions:
(A) Amend a
decision notice with another decision notice
or a contested case notice.
(B)
Amend a contested case notice.
(C)
Delay a reduction or closure of benefits as a result of a client's request for
hearing.
(D) Extend the effective
date on a decision notice or contested case notice.
(b) Except as provided in
subsection (a) of this section or when a delay results from the client's
request for a hearing, a notice to reduce or close benefits becomes void if the
reduction or closure is not initiated on the date stated on the notice. If the
notice is void, a new notice is sent to inform the financial
group (see OAR
461-110-0530) of a new date on
which their benefits will be reduced or closed.
(c) No decision notice is
required in each of the following situations:
(A) Benefits are ended because there is no
living person in the benefit group (see OAR
461-110-0750).
(B) A notice was sent, the client requested a
hearing, and either the hearing request is dismissed or a final order is
issued.
(C) The client has signed a
voluntary agreement that qualifies as a final order under ORS
183.417(3)(b)
(see OAR 461-175-0340(2))
except as provided otherwise in OAR
461-175-0220.
(D) To end Employment
Payments (see OAR
461-001-0025 and
461-135-1270) or JPI benefit
(see OAR 461-135-1260) when the
individual has applied for and been found eligible for Pre-TANF, SFPSS, or
TANF.
(E) No decision
notice is required in OAR
461-175-0300 based on prior
notice.
(d) When the
Department amends a decision notice with another
decision notice under subsection (a) of this section, the date
of the amended notice restarts the client's deadlines to request a hearing or
continuing benefits, or both.
(e)
When a contested case notice extends an effective date or delays a reduction or
closure, the date of the amended notice restarts a client's timeline to request
continuing benefits.
(f) When a
client has a pending hearing request or is receiving continuing benefits, and
the Department amends a notice under this section, the client need not re-file
the hearing request or renew the request for continuing benefits.
Notes
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 183.415, 183.417, 409.010, 411.060, 411.070, 411.404, 411.706, 411.816, 412.014, 412.049 & 412.072
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