Oregon Department of Human Services, Self-Sufficiency Programs

Rule Rule 461-195-0611
Intentional Program Violations; Establishment and Appeal


(1)

In the ERDC, REF, REFM, SNAP, and TANF programs, an 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 (Hearing Requests)). 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.
Source

Last accessed
Jun. 8, 2021