(1) Any person who accepts from the Department of Human Services any payment made to such person for furnishing any need to or for the benefit of a public assistance recipient shall be liable to refund or credit the amount of such payment to the department if such person has obtained or subsequently obtains from the recipient or from any source any additional payment received for furnishing the same need to or for the benefit of such recipient. However, the liability of such person shall be limited to the lesser of the following amounts:
(a) The amount of the payment so accepted from the department; or
(b) The amount by which the aggregate sum of all payments so accepted or received by such person exceeds the maximum amount payable for such need from public assistance funds under rules adopted by the department.
(2) Notwithstanding subsection (1) of this section, any person who after having been afforded an opportunity for a hearing pursuant to the portions of ORS chapter 183 relating to a contested case, is found to violate ORS 411.675 shall be liable to the department for treble the amount of the payment received as a result of such violation.
(3) The department may prosecute civil actions to recover moneys claimed due under this section and for costs and disbursements incurred in such actions. [1963 c.609 §11; 1977 c.669 §1; 1983 c.609 §4]
Section: Previous 411.632 411.635 411.640 411.650 411.660 411.670 411.675 411.690 411.692 411.694 411.700 411.703 411.704 411.705 411.706 NextLast modified: August 7, 2008