461-025-0316 Effective 01/01/10 - Technical Amendment
Intentional Program Violation (IPV) Hearings; SNAP Program
Notwithstanding the other rules in this division of rules and the rules at OAR 137-003-0501 and following, this rule governs intentional program violation hearings for the SNAP program. This rule reflects the requirements of the U.S. Department of Agriculture for the SNAP program.
- An individual accused of an Intentional Program Violation may waive the right to an IPV hearing by signing a waiver on a form prescribed by the Department. There is no further administrative appeal after the individual signs the waiver unless the individual asserts that the waiver was signed under duress and, within 90 days from the date the waiver was signed, requests a hearing (see OAR 461-025-0310) to prove this. The individual has the burden of proving duress. If an Administrative Law Judge determines that the waiver was signed under duress, the waiver may be nullified and the Department may thereafter initiate an Intentional Program Violation hearing.
- If an IPV is not established by waiver or in court, the Department may initiate the IPV hearing. The individual is entitled to an Advanced Notice of Intentional Program Violation Hearing at least 30 days in advance of the scheduled hearing. The notice includes the specific charge(s) alleged by the Department.
- Within 90 days of the date the individual is notified in writing of the disqualification hearing, the Office of Administrative Hearings will conduct the hearing and serve a final order on the individual.
- The individual is entitled to a postponement of the scheduled hearing, if the request for postponement is made at least 10 days before the date of the scheduled hearing. The hearing will not be postponed for more than a total of 30 days, and the Office of Administrative Hearings may limit the postponements to one.
- If the individual fails to appear for the scheduled IPV hearing after refusing the notice of hearing, refusing to claim the notice, or receiving the notice, the hearing may be conducted without the individual. The individual has 10 days from the date of the scheduled hearing to present reasons indicating a good cause for failure to appear. Good cause will be determined on the record by the Office of Administrative Hearings. If the individual shows good cause, the Office of Administrative Hearings will schedule another IPV hearing for the individual. If the individual never receives the notice of hearing, the 10-day time limit to show good cause does not apply.
- The Administrative Law Judge must advise the individual that he or she may refuse to answer questions during the hearing.
- The standard for proving that an individual has committed an Intentional Program Violation is clear and convincing evidence.
- There is no administrative appeal of a final order, except as provided in section (5) of this rule.
Stat. Auth.: ORS 411.816
Stats. Implemented: ORS 411.816