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Oregon Revised Statutes

Or. Rev. Stat. § 411.060 (2026)

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✓ current as of May 2026
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      411.060 Rules. Subject to ORS 417.300 and 417.305, the Department of Human Services shall adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department. [Amended by 1969 c.597 §229; 1971 c.319 §8; subsection (2) enacted as 1971 c.779 §72; 1977 c.267 §17; 1989 c.834 §15; 2003 c.14 §178; 2005 c.381 §5; 2011 c.720 §91]

 

      411.062 [1979 c.834 §2; 2001 c.900 §218; renumbered 411.970 in 2009]

 

      411.064 [1979 c.834 §3; repealed by 2001 c.900 §261]

Notes of Decisions
Cited in 14 cases (1 in the last 5 years), 1969–2021 · leading case: Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016).
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Nay v. Dep't of Human Servs., 385 P.3d 1001 (Or. 2016). “Under ORS 411.060, the department has general authority to “adopt and enforce rules necessary to ensure full compliance with federal and state laws relating to public assistance programs and functions administered by the department.”
In Re Rutter, 204 B.R. 57 (Bankr. D. Or. 1997). · cites it 3× “760 which provides as follows: All monies granted under the provisions of ORS 411.060, 411.070 and 411.710-411.730 shall be inalienable by any assignment or transfer and shall be exempt from garnishment, levy or execution under the laws of this state.”
Burke v. Child.'s Servs. Div., 607 P.2d 141 (Or. 1980). “Personal work expenses are a deduction from gross income and no additional payment is made for these item, [sic] "Statutory Authority: ORS 411.060,412.025,412.520,413.009, and 418.”
Nay v. Dep't of Human Servs., 340 P.3d 720 (Or. Ct. App. 2014). · cites it 2× “350(6), and ORS 411.060 — and violated the Supremacy Clause of Article VII of the United States Constitution when it amended OAR 461-135-0832 and OAR 461-135-0835.”
Price v. Dep't of Human Servs., 259 P.3d 86 (Or. Ct. App. 2011). · cites it 2× “For example, ORS 411.060 gives the department broad rulemaking authority with regard to all public assistance programs: *70 “[T]he Department of Human Services shall: “(1) Administer and supervise all public assistance programs; “(2) Determine eligibility for all public…”
Haley v. Comm'r, 54 T.C. 642 (Tax Ct. 1970). “Petitioner's argument is inconsistent with the dual responsibility of the State and counties under the Oregon welfare system.”
Sims v. Juras, 313 F. Supp. 1212 (D. Or. 1969). “Frank Dixon, citizens of the State of Oregon and the duly qualified, appointed and acting members of the Oregon State Public Welfare Commission, who are charged under ORS 411.060 and ORS 411.070 with establishing and enforcing rules and regulations governing the state-wide…”
Minor v. Adult & Fam. Servs. Div., 804 P.2d 1170 (Or. Ct. App. 1991). · cites it 4× “ORS 411.060 requires AFS to adopt rules for administering public assistance programs to comply with federal law.”
W. Mercantile Agency, Inc. v. Froats, 536 P.2d 549 (Or. Ct. App. 1975). “Rule Seven of Oregon’s plan was promulgated pursuant to and in conformance with ORS 411.060 et seq. The Froats, in support of their contention that Rule Seven violates requirements of the above-cited federal statutes and regulations, point specifically to 42 USCA § 1396a(a) (13)…”
Brannon v. Adult & Fam. Servs. Div., 920 P.2d 161 (Or. Ct. App. 1996). · cites it 3× “ORS 411.060 gives the Adult and Family Services Division broad rule-making authority with regard to public assistance programs: “Subject to ORS 417.”
Larisa's Home Care, LLC v. Nichols-Shields (Or. 2017). “See OAR 461-115-0700 (requiring that “all eligibility factors must be verified at initial application”). As relevant here, a per- son applying for Medicaid benefits must disclose any asset transfers made within the past 60 months.”
Larisa's Home Care, LLC v. Nichols-Shields (Or. 2017). “See OAR 461-115-0700 (requiring that “all eligibility factors must be verified at initial application”). As relevant here, a per- son applying for Medicaid benefits must disclose any asset transfers made within the past 60 months.”
Show all 14 citing cases →
— Or. Rev. Stat. § 411.060(2) — 1 case
Price v. Dep't of Human Servs., 259 P.3d 86 (Or. Ct. App. 2011). “For example, ORS 411.060 gives the department broad rulemaking authority with regard to all public assistance programs: *70 “[T]he Department of Human Services shall: “(1) Administer and supervise all public assistance programs; “(2) Determine eligibility for all public…”
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