Metcalf v. Adult & Family Services Division

Petitioners seek reversal of an order of Adult and Family Services Division (AFS), which terminated their general assistance benefits on a determination that petitioner, Betty Metcalf, was not unemployable under the criteria of OAR 461-05-311 and 461-05-316. They claim that the order failed to demonstrate a rational connection between the findings of fact and the conclusion, that AFS erroneously placed the burden of proof on Mrs. Metcalf to prove continued unemployability and that it applied an incorrect standard of proof.

The relevant rules provide:

“A person is considered unemployable when a…