Minor v. Adult & Family Services Division

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 under ORS 183.400(1) as an original proceeding. AFS argues that we have no jurisdiction under ORS 183.400(1) to hear this case and that Minor’s only avenue for challenging the rule…