461-175-0010 Effective 01/01/11
What a Decision Notice Must Include
- A decision notice (see OAR 461-001-0000):
- Specifies the date the notice is mailed, which is the effective date for a basic decision notice (see OAR 461-001-0000).
- Except as provided in section (2) of this rule, specifies the action the Department intends to take and the effective date of the action.
- Specifies the reasons for the action.
- In the SNAP program, except as provided in paragraph (2)(c)(B) of this rule, provides the name and phone number of the Department staff person or identifies the office to contact for additional information.
- Informs the client of the extent to which the client has a right to a hearing before an impartial person.
- Specifies the method and deadline for requesting a hearing.
- Informs the client of the right to representation, including legal counsel, and the right to have witnesses testify on his or her behalf.
- Provides information about the availability of free legal help.
- Cites the rules that support the action.
- If benefits are reduced or closed to reflect cost-of-living adjustments in benefits or any other mass change under a program operated by a federal agency or to reflect a mass change to payments in a program operated by the Department:
- The requirements in subsection (1)(b) of this rule are optional. Instead of specifying the action the Department intends to take and the effective date of the action, the decision notice may state all of the following:
- The general nature of the change.
- Examples of how the change affects a client's benefits.
- The month in which the change will take place.
- The decision notice must also state the client's right to continue receiving benefits.
- In the SNAP program:
- The decision notice must also state under what circumstances benefits will be continued pending a hearing.
- The requirements in subsection (1)(d) of this rule are optional. A decision notice may indicate instead that a client may contact a local office or worker for additional information.
- In the SNAP program, a continuing benefit decision notice (see OAR 461-001-0000) and a decision notice under section (2) of this rule also must state that the client's household will incur a liability for any overissued benefits if --
- Benefits are continued pending the hearing; and
- The hearing decision is adverse to the client.
Stat. Auth.: ORS 411.060, 411.404, 411.816, 412.049
Stats. Implemented: ORS 411.060, 411.404, 411.816, 412.049