411.095 Notice
and hearings for public assistance and medical assistance; rules. (1)(a) Except as provided in
paragraph (b) of this subsection, when the Department of Human Services or the
Oregon Health Authority changes a benefit standard that results in the
reduction, suspension or closure of a grant of public assistance or a grant of
medical assistance, the department or the authority shall mail a notice of
intended action to each recipient affected by the change at least 30 days
before the effective date of the action.
(b) If the
department or the authority has fewer than 60 days before the effective date to
implement a proposed change described in paragraph (a) of this subsection, the
department or the authority shall mail a notice of intended action to each
recipient affected by the change as soon as practicable but at least 10 working
days before the effective date of the action.
(2) When the
federal government changes a benefit or standard that results in the suspension
or closure of supplemental nutrition assistance issued under ORS 411.806 to
411.845 or 413.500 for the entire caseload or a significant portion of the
caseload of recipients in this state, the department and the authority are not
required to mail a notice of intended action to each recipient affected by the
change but shall publicize the change using one or more of the following
methods:
(a) Informing the
public through the news media.
(b) Placing
posters in the offices that serve affected recipients, in the locations where
supplemental nutrition assistance is issued to affected recipients and at other
sites frequented by affected recipients.
(c) Mailing a
general notice to the households of affected recipients.
(3) When the
department or the authority conducts a hearing pursuant to ORS 416.310 to
416.340 and 416.510 to 416.830 and 416.990 or when the department or the
authority proposes to deny, reduce, suspend or terminate a grant of public
assistance, a grant of medical assistance or a support service payment used to
support participation in the job opportunity and basic skills program, the
department or the authority shall provide an opportunity for a hearing under
ORS chapter 183.
(4) When
emergency assistance or the continuation of assistance pending a hearing on the
reduction, suspension or termination of public assistance, medical assistance
or a support service payment used to support participation in the job
opportunity and basic skills program is denied, and the applicant for or
recipient of public assistance, medical assistance or a support service payment
requests a hearing on the denial, an expedited hearing on the denial shall be
held within five working days after the request. A written decision shall be
issued within three working days after the hearing is held.
(5) For purposes
of this section, a reduction or termination of services resulting from an
assessment for service eligibility as defined in ORS 411.099 is a grant of
public assistance.
(6) Adoption of
rules, conduct of hearings and issuance of orders and judicial review of rules
and orders shall be in accordance with ORS chapter 183. [1971 c.734 §41; 1987
c.3 §9; 2001 c.900 §247; 2003 c.243 §1; 2003 c.567 §1; 2005 c.414 §1; 2013
c.688 §37a; 2015 c.269 §1]
Notes of Decisions
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
· cites it 38× “That statute provides, in part: "[W]hen the department proposes to deny, reduce, suspend or terminate a grant of general assistance, a grant of public assistance or a support service payment used to support participation in the job opportunity and basic skills program, the…”
Rooklidge v. Dmv, 174 P.3d 1120 (Or. Ct. App. 2007).
· cites it 2× “095(3) states that, in certain situations, the Department of Human Services "shall provide an opportunity for a hearing under ORS chapter 183"); OAR XXX-XXX-XXXX(1)(n) (a petitioner has the right to a contested case proceeding when "[t]he right to a hearing is otherwise provided…”
Rooklidge v. Driver & Motor Veh. Servs. Branch of the Oregon Dep't of Transp., 174 P.3d 1120 (Or. Ct. App. 2007).
· cites it 2× “095(3) states that, in certain situations, the Department of Human Services “shall provide an opportunity for a hearing under ORS chapter 183”); OAR 461-025-0310(l)(n) (a petitioner has the right to a contested case proceeding when “[t]he right to a hearing is otherwise provided…”
Kuhn ex rel. Kuhn v. Dep't of Human Servs., 389 P.3d 1167 (Or. Ct. App. 2017).
“ORS 411.095(6); ORS 183.482. The order on review, which was issued by an administrative law judge (ALJ) of the Office of Administrative Hearings (OAH), upheld DHS’s reduction of transportation service benefits provided to petitioner, a developmentally disabled adult woman, under…”
Nelson v. Adult & Fam. Servs. Div., 601 P.2d 899 (Or. Ct. App. 1979).
“095 provides: "(1) Where the Adult and Family Services Division conducts a hearing pursuant to ORS chapter 416 or the Adult and Family Services Division proposes to refuse, suspend or revoke a grant of general assistance as defined in subsection (4) of ORS 411.010 or a grant of…”
Huxford v. Adult & Fam. Servs. Div., 23 P.3d 390 (Or. Ct. App. 2001).
· cites it 3× “ORS 411.095(1) 6 provides for a right to a contested case hearing whenever AFSD “proposes to refuse, suspend or revoke a grant of * * * public assistance^]” The applicable rule provides for a hearing if AFSD “has not acted on a request or application for public assistance within…”
Hanchett v. Juras, 504 P.2d 1060 (Or. Ct. App. 1973).
“010 or a grant of public assistance as defined in subsection (5) of ORS 411.010 opportunity for hearing shall be accorded as provided in ORS 183.”
— Or. Rev. Stat. § 411.095(1) — 1 case
Huxford v. Adult & Fam. Servs. Div., 23 P.3d 390 (Or. Ct. App. 2001).
“ORS 411.095(1) 6 provides for a right to a contested case hearing whenever AFSD “proposes to refuse, suspend or revoke a grant of * * * public assistance^]” The applicable rule provides for a hearing if AFSD “has not acted on a request or application for public assistance within…”
— Or. Rev. Stat. § 411.095(3) — 3 cases
Wheaton v. Kulongoski, 147 P.3d 1163 (Or. Ct. App. 2006).
“That statute provides, in part: "[W]hen the department proposes to deny, reduce, suspend or terminate a grant of general assistance, a grant of public assistance or a support service payment used to support participation in the job opportunity and basic skills program, the…”
Rooklidge v. Dmv, 174 P.3d 1120 (Or. Ct. App. 2007).
“095(3) states that, in certain situations, the Department of Human Services "shall provide an opportunity for a hearing under ORS chapter 183"); OAR XXX-XXX-XXXX(1)(n) (a petitioner has the right to a contested case proceeding when "[t]he right to a hearing is otherwise provided…”
Rooklidge v. Driver & Motor Veh. Servs. Branch of the Oregon Dep't of Transp., 174 P.3d 1120 (Or. Ct. App. 2007).
“095(3) states that, in certain situations, the Department of Human Services “shall provide an opportunity for a hearing under ORS chapter 183”); OAR 461-025-0310(l)(n) (a petitioner has the right to a contested case proceeding when “[t]he right to a hearing is otherwise provided…”
— Or. Rev. Stat. § 411.095(6) — 1 case
Kuhn ex rel. Kuhn v. Dep't of Human Servs., 389 P.3d 1167 (Or. Ct. App. 2017).
“ORS 411.095(6); ORS 183.482. The order on review, which was issued by an administrative law judge (ALJ) of the Office of Administrative Hearings (OAH), upheld DHS’s reduction of transportation service benefits provided to petitioner, a developmentally disabled adult woman, under…”
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