461-175-0220 Effective 04/01/18
Notice Situation; Disqualification
- If a benefit group (see OAR 461-110-0750) or individual is disqualified for a SNAP voluntary job quit or for failure to apply for or provide an SSN, pursue assets, cooperate in the JOBS, JOBS Plus, REP, or a SNAP Employment and Training program, or assist the state's efforts to collect support, the Department sends the following type of notice:
- If benefits are reduced or closed because of the disqualification:
- A continuing benefit decision notice (see OAR 461-001-0000) is used when changes are reported on the Interim Change Report form.
- A timely continuing benefit decision notice (see OAR 461-001-0000) is used when changes are not reported on the Interim Change Report form.
- If benefits are opened without the disqualified individual in the benefit group or if the entire benefit group is denied assistance, a basic decision notice (see OAR 461-001-0000) is used.
- For a JOBS, JOBS Plus, REP, or a SNAP Employment and Training disqualification, and for a SNAP voluntary job quit by an individual receiving SNAP benefits, the notice includes the following information:
- The client action that resulted in disqualification.
- The length of the minimum disqualification period.
- The reduced benefit amount.
- How the client may end the disqualification after the minimum period.
- For an ABAWD disqualified due to the SNAP time limit in OAR 461-135-0520, the notice includes the following information:
- The action that resulted in the disqualification.
- The reduced amount when there are other eligible persons in the filing group.
- How the individual may regain eligibility for SNAP benefits.
- For a voluntary job quit by an individual applying for SNAP benefits, the notice includes the following information:
- The action that resulted in the disqualification; and
- The length of the disqualification period.
- For an IPV disqualification:
- In all programs except the SNAP program, the Department does not send a notice of termination to an individual disqualified for an IPV after a court order, a final order from an administrative hearing, or a signed waiver (see OAR 461-175-0200(9)(c)(C) and OAR 461-195-0621(2)) that imposes the disqualification.
- In the SNAP program:
- After an individual signs an IPV waiver, the Department sends a basic decision notice to terminate benefits. If the Department receives a timely request for a hearing, the contested case hearing addresses the issues set out in OAR 461-195-0611(3).
- The Department does not send a notice of termination to an individual disqualified for an IPV after a court order or a final order from an administrative hearing.
- In all programs, the Department sends a continuing benefit decision notice when benefits for other individuals in the benefit group are closed or reduced because an individual in the benefit group is disqualified for an IPV.
- For a disqualification due to being a fleeing felon or in violation of parole, probation, or post-prison supervision (under OAR 461-135-0560):
- A basic decision notice is required if benefits are opened without the disqualified individual in the benefit group or if the entire filing group is denied benefits.
- A timely continuing benefit decision notice is required if an individual in the benefit group is disqualified.
- The notice situation for a disqualification due to a transfer of assets is covered in OAR 461-175-0310.
Stat. Auth.: ORS 409.050, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049
Stats. Implemented: ORS 409.010, 411.060, 411.070, 411.404, 411.816, 412.014, 412.049