(1) Except as provided in subsection (2) of this section, a person who is otherwise eligible to receive public assistance, including supplemental nutrition assistance, or medical assistance may not be denied assistance because the person has been convicted of a drug-related felony. (2) The Department of Human Services may suspend a persons supplemental nutrition assistance if: (a) The person has been convicted of the manufacture or delivery of a controlled substance under ORS 475.752 (1)(a) to (c); and (b) The person is on probation, parole or post-prison supervision and the agency supervising the person makes a recommendation to the department, pursuant to subsection (3) of this section, that the department suspend the persons supplemental nutrition assistance. (3) When making a recommendation to the department regarding the continuation or suspension of a persons supplemental nutrition assistance, a supervising authority shall consider, at a minimum, whether there is reason to believe: (a) That the person traded the persons supplemental nutrition assistance for controlled substances; and (b) That, as a result of the trading, a member of the persons household who is a dependent of the person did not receive the supplemental nutrition assistance for which the member is eligible. (4) The department shall reinstate the supplemental nutrition assistance of a person whose benefits were suspended under subsection (2) of this section if the department receives a recommendation from the supervising authority to reinstate the benefits pursuant to subsection (5) of this section. (5) When making a recommendation to the department regarding the reinstatement of supplemental nutrition assistance, the supervising authority shall consider, at a minimum, the following: (a) Whether members of the persons household are also receiving supplemental nutrition assistance; and (b) Whether the person is enrolled in and successfully participating in a rehabilitation program.
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