Chapter 243 Oregon Laws 2003

AN ACT

SB 554

Relating to notices of intended actions issued by Department of Human Services; amending ORS 411.095; and declaring an emergency.

Be It Enacted by the People of the State of Oregon:

SECTION 1. ORS 411.095 is amended to read:

411.095. (1) Except as provided in subsection (2) of this section, when the Department of Human Services changes a benefit standard that results in the reduction, suspension or closure of a grant of general assistance or a grant of public assistance, the department shall mail a notice of intended action to each recipient affected by the change at least 30 days before the effective date of the action.

(2) If the department has fewer than 60 days before the effective date to implement a proposed change described in subsection (1) of this section, the department shall mail a notice of intended action to each recipient affected by the change as soon as practicable but at least 10 days before the effective date of the action.

[(1)] (3) [Where] When the department [of Human Services] conducts a hearing pursuant to ORS 416.310 to 416.340 and 416.510 to 416.830 and 416.990 or the department proposes to [refuse] deny, reduce, suspend or [revoke] terminate a grant of general assistance or a grant of public assistance, opportunity for hearing shall be accorded as provided in ORS 183.310 to 183.550.

[(2)] (4) When emergency assistance or the continuation of assistance pending a hearing on the reduction, suspension or termination of public assistance is denied, and the applicant for or recipient of public assistance requests a hearing on the denial, an expedited hearing on the denial shall be held within five working days after the request. A written decision shall be issued within three working days after the hearing is held.

[(3)] (5) Adoption of rules, conduct of hearings and issuance of orders and judicial review of rules and orders shall be in accordance with ORS 183.310 to 183.550.

SECTION 2. This 2003 Act being necessary for the immediate preservation of the public peace, health and safety, an emergency is declared to exist, and this 2003 Act takes effect July 1, 2003.

Approved by the Governor June 6, 2003

Filed in the office of Secretary of State June 9, 2003

Effective date July 1, 2003

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