Or. Admin. Code § 461-175-0340
Current through Register Vol. 63, No. 12, December 1, 2024
Section 461-175-0340 - Notice Situation; Voluntary Action(1) Unless the Department (see OAR 461-001-0000) chooses to proceed as described in section (2) of this rule: (a) For all programs except the Supplemental Nutrition Assistance Program (SNAP), if the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative: (A) Makes an oral request to end or reduce benefits, a timely continuing benefit decision notice (see OAR 461-001-0000) is sent.(B) Makes a signed, written request to withdraw, end, or reduce benefits, a basic decision notice (see OAR 461-001-0000) is sent.(C) Makes an oral request to withdraw an application for benefits, a basic decision notice is sent.(b) In the SNAP program, when the filing group (see OAR 461-110-0370) states it wishes to withdraw its benefits request, or states it wishes to reduce or no longer receive benefits:(A) If the request is made by phone to end or reduce benefits, a basic decision notice is sent.(B) If the request is made in person to reduce benefits, a basic decision notice is sent.(C) If the request to reduce benefits is signed by the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative, a basic decision notice is sent.(D) If the request to end benefits is signed by the primary person, another adult member of the filing group, or the authorized representative in the presence of a worker, no notice is required. If it is not signed in the presence of a worker, a basic decision notice is sent.(E) If an individual withdraws a signed request for benefits, a basic decision notice is sent.(2) The Department may reduce or terminate benefits to an individual, and in the Oregon Supplemental Income Program Medical (OSIPM) and Qualified Medicare Beneficiaries (QMB) programs, an individual may withdraw an application, when the individual completes a voluntary agreement on a Department form used for this purpose. (a) The Department provides the individual with a copy of the completed agreement and except to the extent provided by OAR 461-175-0220(5) no other notice is required.(b) The individual may request a hearing to set aside this agreement on the grounds of fraud, duress, or reliance on misinformation provided by the Department, subject to the time limits for hearing requests in OAR 461-025-0310.(3) In the SNAP program, a timely continuing benefit decision notice is sent if the filing group returns a signed Change Report form with information that requires a reduction or closure of benefits.(4) In the Temporary Assistance for Needy Families (TANF) and Refugee Assistance (REF) programs, a voluntary request to end TANF or REF benefits under section (1)(a) of this rule is a voluntary request to close all support services (see OAR 461-001-0025 and OAR 461-001-0027) as well.Or. Admin. Code § 461-175-0340
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; SSP 23-2003, f. & cert. ef. 10-1-03; SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05; SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08; SSP 8-2008, f. & cert. ef. 4-1-08; SSP 23-2008, f. & cert. ef. 10-1-08; SSP 2-2016, f. & cert. ef. 1/1/2016; SSP 28-2018, amend filed 09/06/2018, effective 10/1/2018; SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020; SSP 3-2023, minor correction filed 01/04/2023, effective 1/4/2023; SSP 54-2024, amend filed 09/27/2024, effective 10/1/2024Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, ORS 183.417, 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049