ORS 411.095¹
Notice
  • hearings
  • rules

(1) Except as provided in subsection (2) of this section, when the Department of Human Services changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance, the department 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.

(2) If the department has fewer than 60 days before the effective date to implement a proposed change described in subsection (1) of this section, the department 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.

(3) When the department conducts a hearing pursuant to ORS 416.310 (Estate of deceased person liable for aid received) to 416.340 (Collection of claim against estate of deceased) and 416.510 (Definitions for ORS 416.510 to 416.610) to 416.830 (Acceptance and disbursement of gifts for public assistance) and 416.990 (Penalties) or when 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 department 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 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 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 (Assessment for service eligibility) 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]

Notes of Decisions

Where agency issued individual notices stating effect that rule terminating program would have on recipient benefits, notices were individual benefit decisions entitling each recipient to contested case hearing. Wheaton v. Kulongoski, 209 Or App 355, 147 P3d 1163 (2006)

Chapter 411

Atty. Gen. Opinions

Public Welfare Division records showing cost of medical services to welfare recipients as public records, (1972) Vol 35, p 1143

1 Legislative Counsel Committee, CHAPTER 411—Adult and Family Services; Public Assistance, https://­www.­oregonlegislature.­gov/­bills_laws/­Archive/­2007ors411.­pdf (2007) (last ac­cessed Feb. 12, 2009).
 
2 Legislative Counsel Committee, Annotations to the Oregon Revised Stat­utes, Cumulative Supplement - 2007, Chapter 411, https://­www.­oregonlegislature.­gov/­bills_laws/­ors/­411ano.­htm (2007) (last ac­cessed Feb. 12, 2009).
 
3 OregonLaws.org assembles these lists by analyzing references between Sections. Each listed item refers back to the current Section in its own text. The result reveals relationships in the code that may not have otherwise been apparent. Currency Information