OAR 461-175-0220
Notice Situation; Disqualification
(1)
If a benefit group (see OAR 461-110-0750 (Benefit Group)) or individual is disqualified for a SNAP voluntary job quit or for failure to apply for or provide an SSN, pursue assets, cooperate in the JOBS, JOBS Plus, REP, or a SNAP Employment and Training program, or assist the state’s efforts to collect support, the Department sends the following type of notice:(a)
If benefits are reduced or closed because of the disqualification:(A)
A continuing benefit decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) is used when changes are reported on the Interim Change Report form.(B)
A timely continuing benefit decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) is used when changes are not reported on the Interim Change Report form.(b)
If benefits are opened without the disqualified individual in the benefit group or if the entire benefit group is denied assistance, a basic decision notice (see OAR 461-001-0000 (Definitions for Chapter 461)) is used.(2)
For a JOBS, JOBS Plus, REP, or a SNAP Employment and Training disqualification, and for a SNAP voluntary job quit by an individual receiving SNAP benefits, the notice includes the following information:(a)
The client action that resulted in disqualification.(b)
The length of the minimum disqualification period.(c)
The reduced benefit amount.(d)
How the client may end the disqualification after the minimum period.(3)
For an ABAWD disqualified due to the SNAP time limit in OAR 461-135-0520 (Time Limit and Special Requirements for ABAWD; SNAP), the notice includes the following information:(a)
The action that resulted in the disqualification.(b)
The reduced amount when there are other eligible persons in the filing group.(c)
How the individual may regain eligibility for SNAP benefits.(4)
For a voluntary job quit by an individual applying for SNAP benefits, the notice includes the following information:(a)
The action that resulted in the disqualification; and(b)
The length of the disqualification period.(5)
For an IPV disqualification:(a)
In all programs except the SNAP program, the Department does not send a notice of termination to an individual disqualified for an IPV after a court order, a final order from an administrative hearing, or a signed waiver (see OAR 461-175-0200 (Notice Situations; General Information)(9)(c)(C) and OAR 461-195-0621 (Intentional Program Violations; Penalties and Liability for Overpayments)(2)) that imposes the disqualification.(b)
In the SNAP program:(A)
After an individual signs an IPV waiver, the Department sends a basic decision notice to terminate benefits. If the Department receives a timely request for a hearing, the contested case hearing addresses the issues set out in OAR 461-195-0611 (Intentional Program Violations; Establishment and Appeal)(3).(B)
The Department does not send a notice of termination to an individual disqualified for an IPV after a court order or a final order from an administrative hearing.(c)
In all programs, the Department sends a continuing benefit decision notice when benefits for other individuals in the benefit group are closed or reduced because an individual in the benefit group is disqualified for an IPV.(6)
For a disqualification due to being a fleeing felon or in violation of parole, probation, or post-prison supervision (under OAR 461-135-0560 (Fleeing Felon and Violators of Parole, Probation, and Post-Prison Supervision; REF, REFM, SNAP, and TANF)):(a)
A basic decision notice is required if benefits are opened without the disqualified individual in the benefit group or if the entire filing group is denied benefits.(b)
A timely continuing benefit decision notice is required if an individual in the benefit group is disqualified.(7)
The notice situation for a disqualification due to a transfer of assets is covered in OAR 461-175-0310 (Notice Situation; Asset Transfer Disqualification).
Source:
Rule 461-175-0220 — Notice Situation; Disqualification, https://secure.sos.state.or.us/oard/view.action?ruleNumber=461-175-0220.