Oregon Statutes - Chapter 411 - Adult and Family Services; Public Assistance - Section 411.635 - Recovery of improperly disbursed public assistance.

Public assistance improperly disbursed as a result of recipient conduct that is not in violation of ORS 411.630 may be recouped pursuant to ORS 293.250 or from earnings that the state disregards pursuant to ORS 411.700 and 412.009 as follows:

(1) The Department of Human Services shall notify the recipient that the recipient may elect to limit the recoupment monthly to an amount equal to one-half the amount of disregarded earnings by granting the department a confession of judgment for the amount of the overpayment.

(2) If the recipient does not elect to grant the confession of judgment within 30 days the department may recoup the overpayment from the entire amount of disregarded earnings. The recipient may at any time thereafter elect to limit the monthly recoupment to one-half the disregarded earnings by granting the department a confession of judgment.

(3) The department shall not execute on a confession of judgment until the recipient is no longer receiving public assistance and has either refused to agree to or has defaulted on a reasonable plan to satisfy the judgment.

(4) Nothing in this section limits the authority of the department by rule to exempt from recoupment any portion of disregarded earnings. [1979 c.719 §2]

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Last modified: August 7, 2008