ORS 411.620¹
Recovery of public assistance obtained or disposed of unlawfully

(1) The Department of Human Services may prosecute a civil suit or action against any person who has obtained, for personal benefit or for the benefit of any other person, any amount or type of general assistance or public assistance, as defined in ORS 411.010 (Definitions), or has aided any other person to obtain such general assistance or public assistance, in violation of any provision of ORS 411.630 (Unlawfully obtaining public assistance), or in violation of ORS 411.640 (Unlawfully receiving public assistance). In such suit or action the department may recover the amount or value of such general assistance or public assistance so obtained in violation of ORS 411.630 (Unlawfully obtaining public assistance), or in violation of ORS 411.640 (Unlawfully receiving public assistance), with interest thereon, together with costs and disbursements incurred therein.

(2) Excepting as to bona fide purchasers for value, the department, the conservator for the recipient or the personal representative of the estate of a deceased recipient may prosecute a civil suit or action to set aside the transfer, gift or other disposition of any money or property made in violation of any provisions of ORS 411.630 (Unlawfully obtaining public assistance), 411.708 (Recovery of assistance from certain estates) and 414.105 (Recovery of medical assistance) and the department may recover out of such money or property, or otherwise, the amount or value of any general assistance or public assistance obtained as a result of such violation, with interest thereon, together with costs and disbursements incurred therein. [Amended by 1963 c.499 §1; 1971 c.334 §2; 1973 c.661 §1; 1983 c.638 §1; 2001 c.900 §220; 2005 c.381 §24]

Notes of Decisions

Where welfare recipients received overpay­ments because of failure to report the receipt of income tax refunds, the state could recover such overpay­ments from both cash reserves and income earned, but not from current assistance grants. Bradford v. Juras, 331 F Supp 167 (1971)

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