BUCHANAN v. PUBLIC WELFARE DIVISION


552 P.2d 80 (1976)

Nancy Ann BUCHANAN, Petitioner, v. PUBLIC WELFARE DIVISION of the State of Oregon et al., Respondents.

Court of Appeals of Oregon.

Decided July 19, 1976.


Attorney(s) appearing for the Case

James K. Kocher, Lane County Legal Aid Service, Inc., Eugene, argued the cause and filed the brief for petitioner.

Janet A. Metcalf, Asst. Atty. Gen., Salem, argued the cause for respondents. With her on the brief were Lee Johnson, Atty. Gen., and W. Michael Gillette, Solicitor Gen., Salem.

Before SCHWAB, C.J., and LANGTRY and FORT, JJ.


FORT, Judge.

Petitioner appeals from an order of the Public Welfare Division of the Department of Human Resources. After hearing, the referee determined that she had received a client-caused overpayment from the Division, an amount to which she was not entitled. The amount of an overpayment must be returned to the Division, but may be taken only from certain sources.

Petitioner has two minor children and has been receiving Aid to Dependent Children since September...

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