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The Oregon Administrative Rules contain OARs filed through November 15, 2014
 
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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS

 

DIVISION 105

RIGHTS AND RESPONSIBILITIES

461-105-0006

Business Continuity Provisions

(1) The use of this rule by any CAF branch office (see OAR 461-001-0000) requires the approval for that site by:

(a) The Deputy Assistant Director for CAF Field Services or the designee of this official; and

(b) The Administrator of the Office of Self Sufficiency Programs or the designee of this official.

(2) The Department will only approve the use of this rule after considering the feasibility of avoiding the use of the rule by moving enough employees who are able to perform the needed tasks to the sites that have too few employees.

(3) For purposes of this rule:

(a) "Business continuity disruption" refers to an emergency event or a work stoppage that causes the absence of most of the employees in at least one branch office for an expected time period of sufficient duration that compliance with applicable administrative rules in chapter 461 is not feasible. A "business continuity disruption" continues until a sufficient number of employees return to work to permit compliance at the branch office with the administrative rules in chapter 461.

(b) "Emergent need".

(A) In the ERDC program, the term "emergent need" refers to an individual who requires child care in order to work and who will lose this child care unless the application is processed promptly.

(B) In the SNAP program, the term "emergent need" refers to an individual who qualifies for expedited services under OAR 461-135-0575.

(C) In the medical assistance programs:

(i) The term "emergent need" refers to an individual reporting either of the following:

(I) A medical condition manifesting itself by acute symptoms of sufficient severity (including severe pain) such that the absence of immediate medical attention or medication may reasonably be expected to result in placing the health of the patient in serious jeopardy, serious impairment to bodily functions, or serious dysfunction of any bodily organ or part.

(II) A need for prompt processing of an application to secure provider services for mental health, substance abuse, or long-term care.

(ii) An individual does not need to document the "emergent need".

(D) In the REF and TANF programs, the term "emergent need" refers to a household that meets the requirements of one of the following subparagraphs:

(i) Countable income less than $150 a month, and liquid resources that do not exceed $100.

(ii) Gross income and resources that combined are less than the total of the household's monthly rent or mortgage, plus its utilities.

(iii) Liquid resources (see subsection (c) of this section) that do not exceed $100 as well as being a destitute household of migrant and seasonal farmworkers (see OAR 461-001-0015) with little or no income at the time of application.

(E) In the TA-DVS program, the term "emergent need" refers to an individual with an immediate safety need.

(c) "Liquid resources" refers to cash on hand, a checking or savings account, a savings certificate, and a lump sum payment.

(4) During a business continuity disruption, a branch office issues DSNAP benefits as provided in OAR 461-135-0491 to 461-135-0497 if the branch office is in a location authorized by the Food and Nutrition Service (FNS) during a disaster benefit period. This rule does not otherwise apply to the DSNAP program.

(5) Notwithstanding any other administrative rule in chapter 461, during a business continuity disruption under the authorization required in section (1) of this rule, a CAF branch office may use any or all of the following special provisions:

(a) Application process.

(A) Individuals qualifying as emergent need.

(i) In the ERDC, medical assistance, REF, and TANF programs, acceptance or processing by the Department of applications may be limited to individuals in emergent need.

(ii) In the SNAP program, processing of applications for new clients may be limited to individuals in emergent need.

(iii) In the TA-DVS program, waive the requirement to jointly staff an application for TA-DVS benefits under OAR 461-135-1230(3).

(B) Application process for individuals without an emergent need.

(i) In the ERDC, REF, and TANF programs, each branch office using this provision may document a request for benefits by maintaining a dated list of the names of these new clients as well as social security numbers (if available). The Department will use these lists to establish the date of request for those clients who request assistance during the business continuity disruption and complete the application within 30 days after the conclusion of the business continuity disruption or by the deadline that applies under another program rule, whichever occurs later.

(ii) In the SNAP program, for a new client, each branch office using this provision may document a filing date by maintaining a file of completed filing pages (DHS 415Y or DHS 539F). The Department will schedule and conduct interviews with each client after the conclusion of the business continuity disruption.

(iii) In the medical assistance programs, each branch office should establish a date of request using OAR 461-115-0030.

(iv) In the TA-DVS program, the Department may document a request for benefits by maintaining a dated list of the names of the applicants as well as social security numbers (if available). The Department will use this list to establish a date of request for those clients who request assistance during the business continuity disruption. The Department will schedule and conduct interviews with each client within two business days after the conclusion of the business continuity disruption or when an immediate safety need arises, whichever occurs sooner.

(b) Benefit levels. In the ERDC, REF, SFPSS, and TANF programs:

(A) Except as provided for REF in OAR 461-135-0900(4), a client, including a client in the Simplified Reporting System (SRS), may continue to receive benefits at the level in effect the day before the special provisions of this rule applied to the branch office.

(B) In the ERDC, SFPSS, and TANF programs, the Department may authorize a branch office to automatically extend certification periods for the duration of the business continuity disruption.

(C) Payments for support services (see OAR 461-001-0025) listed in a case plan (see OAR 461-001-0025) may continue at the level in effect the day before the special provisions of this rule applied to the branch office. The Department approves or denies any new request for a support services payment on a case by case basis.

(D) In the REF and TANF programs, for an emergent need household, the Department may issue a temporary benefit in the following amounts:

(i) $200 for a single individual.

(ii) $100 for each additional individual to a maximum payment of $900.

(E) In the TA-DVS program, payments will be made to address immediate safety needs.

(c) Processing changes for current recipients. Except in the SNAP program, a branch office may suspend the processing of changes during the business continuity disruption.

(d) Redetermination of benefits issued in accordance with this rule; payments for supplemental benefits and establishment of overpayments. For each client who receives a benefit under the provisions of this rule, after the business continuity disruption ends:

(A) The Department will determine the correct benefit amount and either provide a supplemental payment or assess an overpayment as appropriate.

(B) In the SNAP program, the Department will make the determination about supplemental payments under paragraph (A) of this subsection within 10 days of the end of the business continuity disruption.

(e) In the SNAP program, in addition to the other processes described in this rule, the policies under this subsection may be implemented upon authorization by the Food and Nutrition Service (FNS). The Department notifies each affected branch office of the authorization and its effective dates prior to implementation.

(A) For a telephone request for a SNAP program application, the filing date (see OAR 461-115-0040) is the same as the date of request (see OAR 461-115-0030).

(B) A SNAP program applicant may receive a telephone interview without a Department determination that a branch office visit is a hardship to the applicant.

(C) An applicant requesting a SNAP program application via the telephone, meeting the expedited service criteria under OAR 461-115-0690, and whom the branch office must be able to identify may be interviewed and may provide an oral signature via the telephone after affirming all of the provided information is true and correct.

(i) If eligible for SNAP program benefits, the applicant is certified until the last day of the following month.

(ii) The applicant must sign and return a completed SNAP program application along with any requested verifications to the local branch office within 30 days.

(D) SNAP program benefits may be maintained at the current level and extended for two additional months when the Department receives FNS approval within any month described in the following situations:

(i) The last month of a certification period (see OAR 461-001-0000).

(ii) The month an Interim Change Report is due.

(iii) The month a Transitional Benefit Alternative period ends.

(iv) The month a Monthly Change Report is due.

(E) A client must report changes described in OAR 461-170-0011 by the last day of the month following the month in which the change occurred.

(6) Notwithstanding any other administrative rule in chapter 461, during a business continuity disruption with the approval of the Manager of Field Services for the Seniors and People with Disabilities Division (SPD) or the designee of this official:

(a) A branch office may limit acceptance or processing of applications for long-term services to individuals in emergent need who do not yet have a placement or are at risk of losing their current one.

(b) An SPD or AAA office may apply any exception in this rule for SNAP and Medicaid programs to the extent authorized.

Stat. Auth: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
Stats. Implemented: ORS 411.060, 411.404, 411.816, 412.014 & 412.049
Hist.: SSP 30-2009(Temp), f. & cert. ef. 10-1-09 thru 3-30-10; SSP 38-2009, f. 12-31-09, cert. ef. 1-1-10; SSP 5-2010, f. & cert. ef. 4-1-10

461-105-0010

Rights of Clients

Clients of the Department in programs regulated by Chapter 461 of these rules have the following rights and the right to be informed of them:

(1) The right to information about the programs administered by the Department.

(2) The right to confidentiality for individually identifiable information to the extent provided under federal and state law, including the administrative rules of the Department.

(3) The right to refuse social services unless:

(a) The service is court-ordered;

(b) The service is related to a case plan as defined in OAR 461-001-0020 or 461-001-0025; or

(c) Treatment is required under OAR 461-135-0085.

(4) In the Pre-TANF, REF, SFPSS, and TANF programs:

(a) The right to be offered or request available screenings or evaluations at any time that identify barriers (see OAR 461-001-0025) or the existence of a disability (see OAR 461-001-0000), extent of the disability, or need for accommodations, or modifications relevant to the program.

(b) The right to decline a screening or evaluation that would disclose to the program the existence of a disability (see OAR 461-001-0000) unknown to the program.

(5) The right, at any time, to obtain the Department's standard form for requesting a hearing.

(6) The right to request a hearing to the extent provided in OAR 461-025-0310 and 461-025-0315.

(7) The right to request and receive an application to apply for any program administered by the Department.

(8) The right to have a decision on eligibility made by the Department within the timelines set forth in OAR 461-115-0190 and 461-115-0210.

(9) The right to apply for and receive benefits and services from the Department and its contractors, grantees, agents, and providers of services who receive payments from the Department without discrimination on the basis of race, color, national origin, religion, gender, sexual orientation, disability, or political beliefs (see OAR 461-105-0180 and 461-105-0190).

(10) The right to courteous, fair, and dignified treatment by Department personnel and to file a complaint with the Department about staff conduct or customer service to the extent provided in OAR 407-005-0100 to 407-005-0120.

(11) The right to file a complaint with the Department about discrimination or unfair treatment as provided in Procedure DHS-010-005-01, "Filing a Client Complaint or Report of Discrimination" or OAR 407-005-0030.

Stat. Auth.: ORS 411.060, 411.816, 418.040, 418.045, 418.100
Stats. Implemented: ORS 411.060, 411.816, 418.040, 418.045, 418.100
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 20-1992, f. 7-31-92, cert. ef. 8-1-92; AFS 11-1999, f. & cert. ef. 10-1-99; AFS 25-2000, f. 9-29-00, cert. ef. 10-1-00; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 7-2005, f. & cert. ef. 7-1-05; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 15-2006, f. 12-29-06, cert. ef. 1-1-07; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 11-2007(Temp), f. & cert. ef. 10-1-07 thru 3-29-08; SSP 5-2008, f. 2-29-08, cert. ef. 3-1-08

461-105-0020

Responsibilities of Clients

To be eligible for benefits, clients must do all the following:

(1) Provide true, complete, and accurate information required to determine eligibility and verify that information, to the extent permitted by their physical and mental condition, or authorize the branch office to obtain verification.

(2) Comply with the eligibility requirements of the program for which they are requesting or receiving benefits.

(3) Report within 10 calendar days any changes that could affect their eligibility for benefits.

(4) Accept social services that are court-ordered or related to a case plan.

(5) Cooperate with case reviews by providing requested information and verification.

(6) Complete the application process or inform the branch office of their decision to withdraw the application for program benefits.

(7) Share these responsibilities with a spouse who resides in the same household.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060, ORS 411.111 & ORS 411.113
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 28-1992, f. & cert. ef. 10-1-92; AFS 11-1999, f. & cert. ef. 10-1-99

461-105-0060

Release of Information to the Client

For any program covered by Chapter 461 of the Oregon Administrative Rules:

(1) The Department must make the information in a case record of a client available to the following people within the limits described in this rule:

(a) Anyone in the filing group.

(b) Anyone authorized by the primary person or by a person in the filing group.

(2) The primary person and filing group members may have access only to client information that is related to the time during which they had that position in the case. The person can appoint an authorized representative whose access to client information covers only that same period.

(3) The "minimum necessary" standard as described in OAR 410-014-0040 is extended to limit the sharing of individually identifying information by the Department about one member of a filing group with either another member of the filing group or anyone authorized by another member of the filing group.

(4) Except for HIV information, case record information may be requested by the client and released to the client by telephone. The client must satisfy the branch as to the client's identity.

(5) Except as provided in this rule and in OAR 410-014-0030(6), information obtained from a third party that is part of the case record of the client is available to the client.

(6) The Department may withhold from a client information obtained from a confidential informant, including the identity of the informant, if all of the following are true:

(a) The information was submitted to the Department in confidence.

(b) The information was not required by law to be submitted.

(c) The information can reasonably be considered confidential.

(d) The Department has obliged itself not to disclose the information.

(e) The Department is not using the withheld information in a contested case hearing in which the client is a party.

(f) The public interest would suffer if the information were disclosed.

(7) Subject to OAR 407-003-0010:

(a) A client, an authorized representative (as defined at OAR 461-115-0090, 461-115-0140, and 461-115-0145), or a personal representative (as defined at OAR 410-014-0000(32), including an attorney who represents the client on a matter before the Department) may request a copy of information from the client file at no cost once every 12 months. If the client, authorized representative, or personal representative requests another copy of the same information already provided more frequently than once every 12 months, the branch office may impose a reasonable, cost-based fee.

(b) If an authorized third party who is not an authorized representative or personal representative requests client records, fees may be assessed for accessing stored records, extracting filed matter, duplication of records, or other costs necessary to releasing requested information.

(c) A branch office may establish additional, reasonable fees to cover extraordinary costs of duplicating records, making extensive searches, or preparing written summaries of records.

(d) At the option of the branch office, fee assessment may be waived.

(8) An individual designated by the manager must be present while the client or the authorized third party has access to the case record. No one except a Department employee is allowed to remove any material from the case record. Subject to payment of any cost-based fee assessed by a branch office consistent with OAR 407-003-0010 and this rule, the branch office will provide the individual examining the case record a copy of any portion of the case record that the individual is entitled to examine.

Stat. Auth.: ORS 411.060, 411.300, 411.816, 418.100
Stats. Implemented: ORS 410.150, 411.060, 411.117, 411.300, 411.320, 411.335, 411.816, 411.837,
418.100, 418.130

Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; SSP 14-2005, f. 9-30-05, cert. ef. 10-1-05; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07

461-105-0070

Client Authorization for Release of Client Information to Third Party

For any program covered by chapter 461 of the Oregon Administrative Rules, except for health, treatment, and domestic violence information, a verbal authorization from the client is permitted to allow verbal release of case record information specified by the client to third parties. Any such verbal authorization to release information to a third party is valid for a period of 30 days from the date the authorization is given verbally, unless a shorter time period is given.

Stat. Auth.: ORS 411.060, 411.300, 411.816, 418.100
Stats. Implemented: ORS 410.150, 411.060, 411.117, 411.300, 411.320, 411.335, 411.816, 411.837, 418.100, 418.130
Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06

461-105-0100

Release of Client Information to Law Enforcement Officers

For any program covered by chapter 461 of the Oregon Administrative Rules:

(1) The Department may provide client information to a law enforcement officer in any of the following situations:

(a) The law enforcement officer is involved in carrying out public assistance or medical assistance laws, or any investigation, criminal or civil proceedings connected with administering the Department’s benefit programs.

(b) A Department employee may disclose information from personal knowledge that does not come from the client’s interaction with the Department.

(c) The disclosure is authorized by statute or administrative rule.

(2) Except as provided in section (3) of this rule, the Department may give a client’s current address, Social Security number, and photo to a law enforcement officer if the law enforcement officer makes the request in the course of official duty, supplies the client’s name, and states that the client:

(a) Is a fugitive felon or is violating parole or probation; or

(b) For all programs except SNAP, has information that is necessary for the officer to conduct official duties of the officer, and the location or apprehension of the client is within the officer’s official duties. For clients only in the SNAP program, has information that is necessary to conduct an official investigation of a fugitive felon or someone violating parole or probation.

(3) If domestic violence has been identified in the household, section (2) of this rule does not authorize the release of information about a victim of domestic violence unless a member of the household is either wanted as a fugitive felon or is violating probation or parole.

(4) For purposes of the rules in Division 461-105, a fugitive felon is a person fleeing to avoid prosecution or custody for a crime, or an attempt to commit a crime, that would be classified as a felony

(5) For purposes of the rules in Division 461-105, a law enforcement officer is an employee of the Oregon State Police, a county sheriff’s department, or a municipal police department, whose job duties include arrest authority.

Stat. Auth.: ORS 409.050, 411.060, 411.404, 411.816, 412.014, 412,049
Stats. Implemented: ORS 409.010, 410.150, 411.060, 411.117, 411.320, 411.335, 411.404, 411.816, 411.837, 412.014, 412.049
Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14

461-105-0110

Release of Client Information to Service Providers and Legal Bodies

For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient:

(1) Department employees may release to service providers information necessary for accurate billing of services provided to Department clients.

(2) The following client information may be released to the client's child care providers:

(a) The program for which the client is eligible.

(b) The amount of the Department child care payment.

(c) The client's copayment amount.

(d) Reasons for a delay in payment, but only information that is specific to the reason for the delay.

(3) The Department may not disclose any information identifying any client by name or address to any committee, advisory board, legislative body, or individual member of such committee, board, or body.

(4) Except for social security numbers, health, treatment, and domestic violence information, the Department may disclose the minimum necessary information about a client to a staff member in the office of a member of the Oregon state legislature or United States Congress who has been asked by the client to review an action taken by the Department.

(5) Court-appointed special advocate (CASA) volunteers who have been appointed to a specific child are authorized to view information about the child. All other information must be removed from the case file.

(6) The Department may release client information in a judicial proceeding if at least one of the following is true:

(a) The proceedings are directly connected with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(b) A judge orders the release of the information.

(7) When appearing before the court in a judicial proceeding where the proceeding is not directly connected with administering a program covered by chapter 461 of the Oregon Administrative Rules, a Department employee provides the presiding judge with copies of the state statutes relating to confidentiality of client records (such as ORS 411.117, 411.320, and 418.130). The employee requests the court's guidance about testifying under the statutes.

Stat. Auth.: ORS 411.060, 411.300, 411.816, 418.100
Stats. Implemented: ORS 410.150, 411.060, 411.117, 411.300, 411.320, 411.335, 411.816, 411.837, 418.100, 418.130
Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 30-1990, f. 12-31-90, cert. ef. 1-1-91; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06

461-105-0120

Release of Information on Child Support and Paternity Cases

(1) For the purposes of this rule, the following terms have the following definitions:

(a) "Alleged father" means any male who has been named as a possible father of a child for whom paternity has not been established or has been contested.

(b) "Obligee" means a caretaker parent or custodian, spouse, former spouse or other dependent person for whose benefit a court or hearing officer has ordered payment of support.

(c) "Obligor" means any person who has been ordered by a court or hearing officer to make payments for the support of a child or a caretaker parent or custodian, spouse, former spouse or other dependent person.

(2) For any program covered by chapter 461 of the Oregon Administrative Rules, in the absence of a specific and current client authorization that covers the applicable information and identifies the recipient, the Department may release to the Department of Justice, Division of Child Support, the names of the alleged father, the obligor, and the obligee, the amount of support ordered, and the amount of current and past due support owed at any given time from its electronic files.

Stat. Auth.: ORS 411.060, 411.300, 411.816, 418.100
Stats. Implemented: ORS 410.150, 411.060, 411.117, 411.300, 411.320, 411.335, 411.816, 411.837, 418.100, 418.130
Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 13-1991, f. & cert. ef. 7-1-91; AFS 2-1992, f. 1-30-92, cert. ef. 2-1-92; AFS 17-1992, f. & cert. ef. 7-1-92; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 3-2000, f. 1-31-00, cert. ef. 2-1-00; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06

461-105-0130

Disclosure of Client Information

For any program covered by chapter 461 of the Oregon Administrative Rules:

(1) The Department may disclose the minimum necessary client information without client authorization for purposes directly connected with:

(a) Administering the public assistance, medical assistance, and SNAP program laws, except for social security numbers, health, treatment, and domestic violence information.

(b) Any investigation, prosecution, or criminal or civil proceeding conducted in connection with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(c) Any legally authorized audit or review by a governmental entity conducted in connection with administering the programs covered by chapter 461 of the Oregon Administrative Rules.

(2) Client information, other than health or treatment information, may be exchanged with other governmental or private, non-profit agencies to only the extent necessary to assist applicants or recipients of public assistance, medical assistance, or SNAP benefits to access and receive other governmental or private, non-profit services that will benefit or serve the applicant or recipient. Reasonable efforts must be made to obtain applicant or recipient authorization in advance.

(3) For all programs except SNAP, client information may be disclosed without the client's authorization for purposes directly connected with foster care and adoption assistance programs under Title IV-E of the Social Security Act.

(4) Notwithstanding any rule in this division, client information-— other than health or treatment information — may be disclosed to an Oregon attorney who represents that client if both of the following requirements are met:

(a) The attorney states that he or she currently is representing the client.

(b) The attorney states that the client has authorized disclosure of the client information to the attorney.

Stat. Auth.: ORS 411.060, 411.300, 411.816, 412.049
Stats. Implemented: ORS 410.150, 411.060, 411.117, 411.300, 411.320, 411.335, 411.816, 411.837, 412.049, 418.130
Hist.: AFS 20-1990, f. 8-17-90, cert. ef. 9-1-90; AFS 10-1995, f. 3-30-95, cert. ef. 4-1-95; AFS 32-1996(Temp), f. & cert. ef. 9-23-96; AFS 42-1996, f. 12-31-96, cert. ef. 1-1-97; AFS 24-1997, f. 12-31-97, cert. ef. 1-1-98; SSP 6-2006, f. 3-31-06, cert. ef. 4-1-06; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 37-2013, f. 12-31-13, cert. ef. 1-1-14

461-105-0150

Requests and Fees for Written Public Records

(1) A request for written public records from the Office of Self-Sufficiency Programs must be in writing and must specifically identify the record being requested, the number of copies requested, and the name and address of the individual or entity making the request.

(2) The topic of fees for public records is covered in OAR 407-003-0010 and 461-105-0060.

Stat. Auth.: ORS 192.430, 409.050, 411.060, 411.816, 418.100
Stats. Implemented: ORS 192.430, 192.440, 409.010, 411.060, 411.816, 418.100
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 1-1993, f. & cert. ef. 2-1-93; AFS 24-2001, f. & cert. ef. 11-1-01; SSP 4-2007, f. 3-30-07, cert. ef. 4-1-07; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07

461-105-0180

Nondiscrimination in Determining Eligibility

Determine eligibility without discrimination on the basis of race, color, sex, national origin, disability, political beliefs, age, or religious creed.

Stat. Auth.: ORS 411.060
Stats. Implemented: ORS 411.060
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; AFS 36-1996, f. 10-31-96, cert. ef. 11-1-96

461-105-0190

Discriminatory Actions

(1) The rules of the Department protecting individuals with disabilities against discrimination are set out at OAR 407-005-0000 to 407-005-0030.

(2) The following acts of discrimination on grounds of race, color, sex, political beliefs, age, religious creed or national origin are specifically prohibited:

(a) Denying an individual any service, financial aid, or other benefit provided under any program.

(b) Providing any service, financial aid, or other benefit to an individual that is different, or is provided in a different way, from that provided to others under the program, unless such action is necessary to provide individuals with disabilities with aids, benefits or services that are as effective as those provided to others.

(c) Subjecting an individual to segregation or separate treatment in any way related to receipt of any service, financial aid, or other program benefit.

(d) Restricting an individual in any way from any advantage or privilege enjoyed by others receiving any service, financial aid, or other benefit under any program.

(e) Treating an individual differently from others in determining whether they satisfy any admission, enrollment, quota, eligibility, membership or other requirement or condition individuals must meet to be provided any service, financial aid, or other benefit provided under any program.

(f) Denying an individual an opportunity to participate in any program or afford them an opportunity to do so that is different from that afforded others under the program.

(g) Denying a person the opportunity to participate as a member of a planning or advisory body that is an integral part of the program.

Stat. Auth.: ORS 409.050, ORS 411.060, 411.070, 411.816, 418.100
Stats. Implemented: ORS 409.050, 411.060, 411.070, 411.816, 418.100
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 19-1993, f. & cert. ef. 10-1-93; SSP 10-2006, f. 6-30-06, cert. ef. 7-1-06

461-105-0410

Client Requirement to Cooperate in Quality Control Review; ERDC, FS, REF, REFM, and TANF

(1) In the ERDC, REF, REFM, SNAP, and TANF programs, clients are required to cooperate in the Department's quality control review process.

(2) In the ERDC, REF, REFM, and TANF programs, a client who refuses to cooperate is ineligible for the program in which the review takes place until the client cooperates.

(3) In the SNAP program, if a client refuses to cooperate, the client's filing group (see OAR 461-110-0370) is ineligible for the program. The client may choose to cooperate at any time. If the SNAP benefits have not already closed, the filing group does not need to reapply. The filing group, upon filing a new application, may again be found eligible only in accordance with federal SNAP regulations in 7 CFR 273.2(d)(2).

Stat. Auth.: ORS 411.060, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.816, 412.049, 414.042
Hist.: AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90; AFS 24-2001, f. & cert. ef. 11-1-01; AFS 13-2002, f. & cert. ef. 10-1-02; SSP 7-2007, f. 6-29-07, cert. ef. 7-1-07

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