Or. Admin. Code § 461-195-0611 - Intentional Program Violations; Establishment and Appeal
(1) In the
Employment Related Day Care (ERDC), Refugee Assistance (REF), Refugee
Assistance Medical (REFM), Summer EBT (SEBT), Supplemental Nutrition Assistance
Program (SNAP), and Temporary Assistance for Needy Families (TANF) programs, an
intentional program violation (IPV) is established by a state or federal court,
by an administrative agency in a contested case, or by a person signing the
designated form acknowledging the IPV and waiving the right to an
administrative hearing. If the IPV will be established in a contested case, the
Department initiates the IPV hearing.
(2) Except as provided in section (3) of this
rule, there is no administrative appeal after a person waives the right to an
IPV hearing and the penalty may not be changed by subsequent administrative
action.
(3) A person who waives the
right to an IPV hearing may seek relief in court or request a contested case
hearing on the sole issue of whether the waiver was signed under duress (see
OAR 461-025-0310 and
414-175-0095). If there is a
determination that the waiver was signed under duress, the initial IPV penalty
is void, and:
(a) If a court determines that
a waiver was signed under duress, the court may determine whether an IPV
occurred and the amount of the penalty.
(b) If an administrative law judge determines
that a waiver was signed under duress, the Department may initiate an IPV
hearing to determine whether an IPV occurred and the amount of the
penalty.
Notes
Statutory/Other Authority: 411.060, 411.095, 411.816, 412.049, ORS 329A.500, 409.050, 413.085 & 414.685
Statutes/Other Implemented: 411.060, 411.095, 411.816, 412.049 & 409.010
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