Chapter 567 Oregon Laws 2003

AN ACT

HB 2696

Relating to public assistance; creating new provisions; and amending ORS 411.070 and 411.095.

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

SECTION 1. ORS 411.095 is amended to read:

411.095. (1) [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 when the department proposes to refuse, suspend or revoke a grant of general assistance, [or] a grant of public assistance or a support service payment used to support participation in the job opportunity and basic skills program, [opportunity for hearing shall be accorded as provided in] the department shall provide an opportunity for a hearing under ORS 183.310 to 183.550.

(2) When emergency assistance or the continuation of assistance pending a hearing on the reduction, suspension or termination of public assistance or a support service payment used to support participation in the job opportunity and basic skills program is denied, and the applicant for or recipient of public assistance or a support service payment 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) 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. The amendments to ORS 411.095 by section 1 of this 2003 Act apply to proposals by the Department of Human Services to refuse, suspend, revoke or terminate a support service payment used to support participation in the job opportunity and basic skills program made on or after the effective date of this 2003 Act.

SECTION 3. ORS 411.070 is amended to read:

411.070. The Department of Human Services shall by rule fix statewide uniform standards for all public assistance programs and effect uniform observance thereof throughout the state. In establishing statewide standards for public assistance, the department, within the limits of available funds, shall:

(1) Take into consideration all basic requirements for a standard of living compatible with decency and health, including food, shelter, clothing, fuel, public utilities, telecommunications service, medical care and other essential items and, upon the basis of investigations of the facts, shall provide budgetary guides for determining minimum costs of meeting such requirements.

(2) Develop standards for making payments and providing support services for the employment and self-sufficiency skills programs described in ORS 418.040.

Approved by the Governor July 14, 2003

Filed in the office of Secretary of State July 15, 2003

Effective date January 1, 2004

__________