Chapter 118
AN ACT
HB 2191
Relating to overpayments of public
assistance; amending ORS 411.640 and 411.703.
Be It Enacted by the People of
the State of
SECTION 1. ORS 411.640 is amended to read:
411.640. [No] A person [shall receive] has received an
overpayment of public assistance, for purposes of ORS 411.703, if the person
has:
(1) Received, either for the benefit of the person or for
the benefit of any other person, any amount or type of general assistance or
public assistance, as defined in ORS 411.010, to which the person or such other
person is not entitled under state law[.];
(2) Spent lawfully
received public assistance that was designated by the Department of Human
Services for a specific purpose on an expense not approved by the department
and not considered a basic requirement under standards adopted by the
department pursuant to ORS 411.070;
(3) Misappropriated
public assistance by cashing and retaining the proceeds of a check on which the
person is not the payee and the check has not been lawfully endorsed or
assigned to the person; or
(4) Failed to reimburse
the department, when required by law, for public assistance furnished for a
need for which the person is compensated by another source.
SECTION 2. ORS 411.703 is amended to read:
411.703. (1) If an
overpayment of public assistance, including food stamp benefits, is not repaid
within 30 days of the payment due date, after an individual has been afforded
an opportunity for a contested case hearing under ORS chapter 183 relating to
the overpayment of public assistance, including food stamp benefits issued
under ORS 411.806 to 411.845, the Department of Human Services may:
(a) Issue a warrant that
meets the requirements of ORS 205.125 for the overpayment; and
(b) Present a warrant
issued under this section for recordation in the County Clerk Lien Record of
the county clerk of any county in the state.
(2) The warrant must
include the principal amount of the overpayment, interest accumulated pursuant
to ORS 82.010 or other applicable law, costs associated with recording,
indexing and serving the warrant and costs associated with an instrument
evidencing satisfaction or release of the warrant.
(3) The department shall
mail a copy of the warrant to the debtor at the last known address of the
debtor.
(4) Upon receipt of the
warrant for recordation, the county clerk shall record the warrant in the
manner provided in ORS 205.125.
(5) Upon issuance of
the warrant, the department may issue a notice of garnishment in accordance
with ORS 18.854.
[(5)] (6) Upon recording, the
warrant:
(a) Has the effect
described in ORS 205.125 and 205.126; and
(b) May be enforced as
provided in ORS 18.854 and 205.126.
Approved by the Governor May 9, 2007
Filed in the office of Secretary of State May 10, 2007
Effective date January 1, 2008
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