Department of Human Services
Self-Sufficiency Programs - Chapter 461
Division 175
DECISION NOTICES
461-175-0340
Notice Situation; Voluntary Action
(1) Unless the Department chooses to proceed as described in section (2) of this rule:
(a) For all programs except the SNAP program, if the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative:
(A) Makes an oral request to end or reduce benefits, a timely continuing benefit decision notice (see OAR 461-001-0000) is sent.
(B) Makes a signed, written request to withdraw, end, or reduce benefits, a basic decision notice (see OAR 461-001-0000) is sent.
(C) Makes an oral request to withdraw an application for benefits, a basic decision notice is sent.
(b) In the SNAP program, when the filing group (see OAR 461-110-0370) states it wishes to withdraw its benefits request, or states it wishes to reduce or no longer receive benefits:
(A) If the request is made by phone to end or reduce benefits, a timely continuing benefit decision notice is sent.
(B) If the request is made in person to reduce benefits, a basic decision notice is sent.
(C) If the request to reduce benefits is signed by the primary person (see OAR 461-001-0000), another adult member of the filing group, or the authorized representative, a basic decision notice is sent.
(D) If the request to end benefits is signed by the primary person, another adult member of the filing group, or the authorized representative in the presence of a worker, no notice is required. If it is not signed in the presence of a worker, a basic decision notice is sent.
(E) If the client withdraws a signed request for benefits, a basic decision notice is sent.
(2) The Department may reduce or terminate benefits to an individual, and in the OSIPM and QMB programs, an individual may withdraw an application, when the individual completes a voluntary agreement on a Department form used for this purpose.
(a) The Department provides the individual with a copy of the completed agreement and except to the extent provided by OAR 461-175-0220(5) no other notice is required.
(b) The individual may request a hearing to set aside this agreement on the grounds of fraud, duress, or reliance on misinformation provided by the Department, subject to the time limits for hearing requests in OAR 461-025-0310.
(3) In the SNAP program, a timely continuing benefit decision notice is sent if the filing group returns a signed Change Report form with information that requires a reduction or closure of benefits.
(4) In the TANF and REF programs, a voluntary request to end TANF or REF benefits under section (1)(a) of this rule is a voluntary request to close all support services (see OAR 461-001-0025 and OAR 461-001-0027) as well.
Statutory/Other Authority: ORS 329A.500, 409.050, 411.060, 411.404, 411.816, 412.014, 412.049, 413.085 & 414.685
Statutes/Other Implemented: ORS 329A.500, ORS 183.417, 329A.500, 409.010, 411.060, 411.404, 411.816, 412.014 & 412.049
History:
SSP 3-2023, minor correction filed 01/04/2023, effective 01/04/2023
SSP 5-2020, amend filed 03/30/2020, effective 04/01/2020
SSP 28-2018, amend filed 09/06/2018, effective 10/01/2018
SSP 2-2016, f. & cert. ef. 1-1-16
SSP 23-2008, f. & cert. ef. 10-1-08
SSP 8-2008, f. & cert. ef. 4-1-08
SSP 16-2007(Temp), f. 12-31-07, cert. ef. 1-1-08 thru 6-27-08
SSP 24-2004, f. 12-30-04, cert. ef. 1-1-05
SSP 23-2003, f. & cert. ef. 10-1-03
AFS 13-1991, f. & cert. ef. 7-1-91
AFS 80-1989, f. 12-21-89, cert. ef. 2-1-90