OAR 461-135-1515: Hearings, Claims, and Liability; P-EBT

(1) Excepting an overpayment (see OAR 461-195-0501) or an intentional program violation (see OAR 461-195-0601), there is no right to a contested case hearing to dispute P-EBT and no right to continuing benefits. The Department adopts the general hearings rule provisions (see division 025 of Chapter 461) for allowed contested case hearings. (2) The Department adopts the SNAP program intentional program violation rule provisions (see OARs 461-195-0601 through 461-195-0621) for P-EBT when an individual: (a) Accesses or uses P-EBT benefits outside of intended access or use under OARs 461-135-1511(2) or 461-135-1514(1), (b) Makes a false or misleading statement; misrepresents, conceals or withholds a fact relating to use, presentation, transfer, acquisition, receipt, or possession; or traffics P-EBT (as defined under “trafficking” (see OAR 461-195-0601 (2)) for the SNAP program), or (c) Commits any act that constitutes a violation of P-EBT FNS regulations, or any state statute relating to the use, presentation, transfer, acquisition, receipt, possession, or trafficking of benefits. (3) The Department adopts the SNAP program overpayment rule provisions in OARs 461-195-0501 through 461-195-0621 for P-EBT when an intentional program violation is established.