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CANDILIERE v. AFSD

5-1401-MXW691-1; CA A30146.

696 P.2d 545 (1985)

72 Or.App. 383

Pamela CANDILIERE, Petitioner, v. ADULT AND FAMILY SERVICES DIVISION OF THE STATE OF OREGON, and Keith Putman, Administrator, Respondents.

Court of Appeals of Oregon.

Decided February 27, 1985.

Attorney(s) appearing for the Case

Amy Veranth, Portland, argued the cause and filed the briefs for petitioner.

Philip Schradle, Asst. Atty. Gen., Salem, argued the cause for respondents. With him on brief were Dave Frohnmayer, Atty. Gen., and James E. Mountain, Jr., Sol. Gen., Salem.

Before JOSEPH, Chief Judge, and WARREN and ROSSMAN, Judges.

WARREN, Judge.

Petitioner appeals the termination of her general assistance (GA) grant by the Adult and Family Services Division. Pursuant to ORS 411.730, AFSD has promulgated rules specifying that an individual must be "unemployable" in order to be eligible for GA benefits. OAR 461-05-305. At the time of the final decision, OAR 461-05-311 defined unemployability:

"A person is considered unemployable when a short-term diagnosed physical or mental incapacity...

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