Clark v. Public Welfare Division

Petitioner appeals an order of the hearing officer denying certain medical expense deductions from petitioner’s income for purposes of calculating his entitlement for food stamps. This appeal raises the question whether a provision in the Public Welfare Division Manual 1 is a rule which must be adopted pursuant to the Oregon Administrative Procedures Act (APA) or an internal managment directive which is exempt. ORS 183.310(7).

Petitioner and his family, residents of Coos Bay, were food stamp recipients. One of the petitioner’s daughters suffered from a medical condition which required her to…