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BENSON v. AFSD

No. 2-3201-HEM 994-1; CA A 26928.

684 P.2d 624 (1984)

69 Or.App. 185

Robert E. and Kathleen M. BENSON, Individually and On Behalf of Their Minor Child, Petitioners, v. ADULT AND FAMILY SERVICES DIVISION, Keith Putman, Administrator, Respondent.

Court of Appeals of Oregon.

Decided July 11, 1984.

Attorney(s) appearing for the Case

Roberta J. Lindberg, Lane County Legal Aid Service, Inc., Eugene, argued the cause for petitioners. With her on the brief was James K. Kocher, Eugene.

William F. Nessly, Jr., Asst. Atty. Gen., Salem, argued the cause for respondent. With him on the brief were Dave Frohnmayer, Atty. Gen., James E. Mountain, Jr., Sol. Gen., and Christine L. Dickey, Asst. Atty. Gen., Salem.

Before RICHARDSON, P.J., and WARDEN and NEWMAN, JJ.

NEWMAN, Judge.

Petitioners appeal an order of Adult and Family Service Division (AFSD), which terminated an Aid to Dependent Children (ADC) grant of $539 per month and medical assistance benefits for petitioners and their 16-year-old son. The grant was based on the incapacity of the father. One of petitioners' assignments of error is that AFSD's hearings officer improperly considered facts not in the record. We agree and reverse and remand for reconsideration.

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