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MINOR v. AFSD

OAR 461-07-270(4)(h); CA A50251.

804 P.2d 1170 (1991)

105 Or. App. 178

Evelyn MINOR, Petitioner, Holly Oulman, Intervenor-Petitioner, v. ADULT AND FAMILY SERVICES DIVISION, Respondent.

Court of Appeals of Oregon.

Decided January 16, 1991.

Attorney(s) appearing for the Case

Lorey H. Freeman, Portland, argued the cause and filed the brief for petitioner and intervenor-petitioner.

Meg Reeves, Asst. Atty. Gen., Salem, argued the cause for respondent. With her on the brief were Dave Frohnmayer, Atty. Gen., and Virginia L. Linder, Sol. Gen., Salem.

Before BUTTLER, P.J., and WARREN and ROSSMAN, JJ.

WARREN, Judge.

Petitioner Minor challenges the validity of OAR 461-07-270(4)(h), which permits Adult and Family Services (AFS) to require that Aid to Families with Dependent Children (ADC) grants be reduced in order to recover overpayments in assistance. We hold that the rule does not exceed statutory authority.

AFS reduced Minor's grant in an order dated October 10, 1988.1 Minor did not appeal the order. She brought a petition...

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