461-195-0611    Effective 01/01/18
Intentional Program Violations; Establishment and Appeal

  1. In the ERDC, REF, REFM, SNAP, and TANF programs, an IPV is established by a state or federal court, by an administrative agency in a contested case, or by a person signing the designated form acknowledging the IPV and waiving the right to an administrative hearing. If the IPV will be established in a contested case, the Department initiates the IPV hearing.

  2. Except as provided in section (3) of this rule, there is no administrative appeal after a person waives the right to an IPV hearing, and the penalty may not be changed by subsequent administrative action.

  3. A person who waives the right to an IPV hearing may seek relief in court or request a contested case hearing on the sole issue of whether the waiver was signed under duress (see OAR 461-025-0310). If there is a determination that the waiver was signed under duress, the initial IPV penalty is void, and:

    1. If a court determines that a waiver was signed under duress, the court may determine whether an IPV occurred and the amount of the penalty.

    2. If an administrative law judge determines that a waiver was signed under duress, the Department may initiate an IPV hearing to determine whether an IPV occurred and the amount of the penalty.

Stat. Auth.: ORS 329A.500, 409.050, 411.060, 411.095, 411.816, 412.049, 413.085, 414.685
Stats. Implemented: ORS 329A.500, 409.010, 411.060, 411.095, 411.816, 412.049

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