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PRICE v. DEPT. OF HUMAN SERVICES

20080734; A141414.

259 P.3d 86 (2011)

243 Or. App. 65

Tabitha PRICE, Petitioner, v. DEPARTMENT OF HUMAN SERVICES, Respondent.

Court of Appeals of Oregon.

Decided May 25, 2011.

Attorney(s) appearing for the Case

Sarah Radcliffe argued the cause for petitioner. On the brief was Deborah G. Weston, Oregon Law Center. On the reply brief was Sarah Radcliffe.

Judy C. Lucas, Senior Assistant Attorney General, argued the cause for respondent. With her on the brief were John R. Kroger, Attorney General, and Jerome Lidz, Solicitor General.

Before SCHUMAN, Presiding Judge, and WOLLHEIM, Judge, and ROSENBLUM, Senior Judge.

SCHUMAN, P.J.

Claimant seeks review of an order of the Department of Human Services (the department) determining that claimant's household is ineligible for Temporary Assistance to Needy Families (TANF), a state and federally funded program that benefits children who are "deprived of parental support" because of, among other things, the unemployment of a parent. ORS 412.001(3)(a)(A). The department based its denial on its administrative rule providing that no deprivation...

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