Or. Admin. Code § 333-053-0110
Current through Register Vol. 63, No. 12, December 1, 2024
Section 333-053-0110 - Administrative Review(1) The Authority shall provide a participant with a fair hearing in accordance with the provision of ORS chapter 183 and 7 CFR 246.9 for the following: (a) Denial of participation; (c) A claim against the individual for repayment of the cash value of improperly obtained or disposed of WIC program benefits. (2) The Authority shall notify the participant in writing of the right to a fair hearing, of the method by which a hearing may be requested, and that any positions or arguments on behalf of the individual may be presented personally or by a representative such as a relative, friend, legal counsel or other spokesperson. (3) The Authority shall not limit or interfere with the participant's freedom to request a hearing. (4) Participants must request a fair hearing within 60 days from the date the Authority notifies the applicant or participant of an adverse action. (5) The Authority shall not deny or dismiss the request for a fair hearing unless: (a) The request is not received within 60 days; (b) The request is withdrawn in writing by the participant or participant's representative; (c) The participant or the participant's representative fails, without good cause, to appear at the scheduled hearing; or (d) The participant has been denied participation by a previous hearing and cannot provide evidence that the circumstances relevant to program eligibility have changed in such a way as to justify a hearing. (6) Participants may continue receiving WIC benefits pending a hearing outcome or their certification period expires, whichever comes first. (7) Applicants who are denied benefits at initial certification, participants whose certification periods have expired, and participants who become categorically ineligible during a certification period may request an administrative hearing to appeal the denial or termination of WIC program benefits, however they shall not receive WIC program benefits while awaiting the hearing or its outcome. Or. Admin. Code § 333-053-0110
PH 17-2008, f. & cert. ef. 11-5-08; PH 10-2013, f. 11-6-13, cert. ef. 12-1-13Stat. Auth.: ORS 413.500
Stats. Implemented: ORS 413.500