justicedao/ipfs_state_laws huggingface dataset:
274-037-0460 Grant Administration The Department shall administer the grant program. (1) The Department and recipient shall execute a written grant agreement in a form acceptable to the Department, prior to the disbursal of funds, for a proposal approved by the evaluation panel. (2) The Department will prepare the grant agreement to include all requirements of ORS 406.530 and those outlined in these rules. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0470 Disbursement of Grant Funds (1) The Department shall not distribute grant funds until a grant agreement is fully executed. (2) The Department shall reimburse funds upon receipt and proper documentation as determined by the Department of request for reimbursements. (3) Applicants may seek, at the Department’s discretion, reimbursement for expenses incurred after award notification but prior to the execution of the grant agreement (4) Notwithstanding subsection (1) of this section, the Department may authorize a one-time pre-expense disbursement for program expenses identified in the proposal (5) The Department may hold a percentage not to exceed five percent of the total award until all final project reports are submitted to the Department. (6) All grant awards and subsequent disbursements are subject to availability of funding from the funding source. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 7-2020, temporary adopt filed 07/13/2020, effective 10/23/2020 through 10/23/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0480 Recordkeeping and Reporting Requirements (1) A quarterly report is due within 30-days after the end of each calendar quarter, each grant recipient shall provide a program report to the Department containing the information in ORS 406.530(8) as well as data on measurable outcomes as stated in the proposal and identified in the grant agreement. (2) A final report is due within 60-days after the end of the grant period. Each grant recipient shall provide a program report to the department containing the information in ORS 406.530(8) as well as data on measurable outcomes as stated in the proposal, and a final budget report as identified in the grant agreement. (3) Recipients must separately account for all moneys received from the Campus Veteran Resource Center Grant Program in project accounts in accordance with Generally Accepted Accounting Principles. (4) Recipients must keep an inventory log of all assets purchased with grant funds. The log shall include the serial number of any electronic item, (cell phone, printer, etc.). (5) The Department shall provide templates for the quarterly, final and budget reports. (6) Grant recipients must keep all original documentation on file for at least six-years after the grant has closed. (7) The grant agreement and any other contracts relating to this grant are to follow the retention policy in OAR 166-300-0010(8). Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-037-0490 Retention and Disposal of Assets (1) Any asset purchased under this grant shall remain an asset in service of the Campus Veteran Resource Center for at least three years. (2) Any capital asset purchased under this grant shall remain an asset in service of the Campus Veteran Resource Center for at least five years. (3) If the Campus Resource Center should discontinue providing services to veterans prior to the above retention schedule, then the assets purchased with grant funds must be transferred to another organization that provides services to veterans. Statutory/Other Authority: ORS 406.005(4) & SB 35 (chapter 731 Oregon Laws 2019) Statutes/Other Implemented: ORS 406.530 History: DVA 10-2020, adopt filed 10/23/2020, effective 10/24/2020 DVA 4-2020, temporary adopt filed 04/28/2020, effective 04/28/2020 through 10/23/2020
274-038-0100 Definitions As used in OAR chapter 274, division 37, unless the context of the rule requires otherwise, the following definitions apply: (1) “Agreement” means a legally binding grant agreement between the Department and the applicant that contains the terms and conditions under which the Department is providing grant funds from the Request for Grant Proposals (RFGP). (2) “Applicant” means an organization that has submitted a proposal to the Department. (3) “Asset” means non-capital assets tangible or intangible property used in organization operations having a useful life beyond a single year and an initial cost (inclusive of ancillary charges) of less than $5,000. (4) “Authorized Representative” means a person authorized by the applicant to make all representations, attestations, and certifications required in the grant proposal and to submit a proposal on behalf of the applicant. (5) “Capital Assets” means tangible and intangible property that have initial estimated useful life beyond a single year and have an initial cost of at least $5,000 and does not include items below $5,000. (6) “Capital Improvement” means an action that increases the useful life of a capital asset or adapts a capital asset to a new use. (7) “Department” OR “ODVA” means the Oregon Department of Veterans' Affairs. (8) “Evaluation Committee” means a committee selected by the Department to evaluate and score eligible grant proposals and make recommendations to the Department director for approval. (9) “Grant Program” means the Veteran Service Grant Program. (10) “Policy” means specific guidelines used by the Department in the decision-making process. (11) “Proposal” means a grant proposal submitted to the Department in response to the Request for Grant Proposal (RFGP.) (12) “Quasi-Public Agency” means a publicly chartered body that provides a public service and is controlled by a government appointed board. (13) “Recipient” means an applicant that was selected as a recipient of grant funds by the Department and that enters into a written agreement with the Department to receive funds from the grant program. (14) “Supplant funds” means to use grant funds to replace funds that were previously appropriated by another entity for the same purpose. (15) “Veteran” has the meaning given in ORS 408.225 Statutory/Other Authority: ORS 406.030, & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0200 Eligibility Requirements The following are eligible organizations and entities: (1) Tribal, regional or local governments; or other state agencies under programs established under state or federal law; (2) Oregon quasi-public agencies; (3) Oregon intergovernmental entities formed under ORS 190; and (4) Private non-profit organizations designated as a 501(c)(3), 501(c)(19) or 501(c)(23) tax exempt organizations that demonstrate in their grant proposal proof of: (a) Current (active) business registration with Oregon Secretary of State Corporation Division; (b) Registration with the Charitable Activities Section of the Oregon Department of Justice Oregon and the most recent Oregon Form CT-12 report filed with the Department of Justice; and (c) At least a one-year operational history. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0300 Purposes of Grant Funds Grant funds may be used only for purposes set forth in ORS 406.142(2). Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0400 Grant Proposal Requirements (1) The Department shall announce deadlines and RFGP requirements for grant program funding. RFGPs submitted after the deadline set by the Department may only be reviewed at the discretion of the Department. (2) Applicants interested in receiving funds under the grant program must submit a proposal to the Department in a format prescribed by the Department that includes: (a) Proof that the applicant meets the eligibility requirements; (b) Measurable goals and outcomes; (c) The estimated completion date for each goal’s objective; (d) A detailed budget of projected funding needs; (e) Demonstrated capacity to address and improve equity, diversity and inclusion in their services to veterans; and (f) Demonstrated capacity to administer any funds awarded under this section in compliance with the requirements of this grant and all applicable federal and state laws; and (g) Demonstrated capacity to complete the proposed work by the specified date in the agreement. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0500 Minimum/Maximum Amounts and Funding Criteria (1) Applicants may not apply for grant amounts below the minimum of $25,000 or above the maximum of $250,000 allowed for this grant program. (2) ODVA may award a grant amount in part or in full of the proposal budget. (3) Specific funding dates will be specified in the Request for Grant Proposal. (4) When determining which grant proposals to fund, the Department shall make funds available statewide. (5) ODVA may: (a) Award funds to the highest ranked Proposals. (b) Consider the total amount of available grant funds and the total dollar amount requested in all grant proposals, when making the determination about a grant award amount. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0600 Evaluation Committee, Grant Review and Scoring Process (1) The Department will select an evaluation committee. (2) Each applicant’s proposal shall be reviewed and scored by members of the evaluation committee. (3) The evaluation committee will score each proposal based on the rubric designed by the Department. The rubric shall be provided with the grant RFGP. (4) Grant funds may be awarded to the highest ranked proposals, in priority order until all funds are exhausted. (5) The evaluation committee will make recommendations to the Director of ODVA. The Director will have final approval of awards. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0700 Grant Administration The Department shall administer the grant program. (1) The Department and recipient shall execute a written agreement, prior to the disbursal of funds. (2) The Department will prepare the agreement. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0800 Disbursement of Grant Funds (1) An agreement must be fully executed before funds may be disbursed. (2) The Department will disburse funds on a reimbursement basis, after substantiation of allowable costs and expenses. (3) The Department will provide guidelines for proper documentation of allowable costs and expenses. (4) The Department may hold a percentage not to exceed five percent of the total award until all final project reports are submitted to the Department. (5) The Department may require recipients to hold a percentage of their grant award in reserve for a period of time during the grant period, based on the Department’s availability of funding, or other budgetary factors. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0900 Record Keeping and Reporting Requirements (1) A Quarterly report is due within 30-days after the end of each quarter, each recipient shall provide a program report to the Department containing the information required by the agreement as well as data on measurable outcomes as stated in the proposal and identified in the agreement. (2) A final report is due within 60-days after the end of the grant period. Each recipient shall provide a final program report to the Department containing the information in ORS 406.530(8) as well as final data on measurable outcomes as stated in the proposal, and a final budget report as identified in the agreement. (3) Recipients must separately account for all moneys received from the Veteran Services Grant Program in project accounts in accordance with Generally Accepted Accounting Principles. (4) Recipients must keep an inventory log of all assets purchased with grant funds. The log shall include the serial number of any electronic item, (e.g. cell phone, printer, etc.). (5) The Department shall provide templates for the quarterly, final and budget reports. (6) Recipients must keep all original documentation on file for at least five-years after the grant project period has closed. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-038-0950 Retention and Disposal of Assets (1) Any asset purchased under this grant shall remain an asset in service to veterans by recipient for at least three years. (2) Any capital asset purchased under this grant shall remain an asset in service to veterans by recipient for at least five years. (3) If the recipient should discontinue providing services to veterans prior to the above retention schedule, then the recipient must notify the Oregon Department of Veterans Affairs in writing at least 30 days in advance. ODVA will determine the disposition of assets purchased with grant funds in consultation with the recipient. Statutory/Other Authority: ORS 406.030 & ORS 406.050 Statutes/Other Implemented: ORS 406.142 (2017 HB 2891) History: DVA 1-2021, adopt filed 01/08/2021, effective 01/08/2021 DVA 8-2020, temporary adopt filed 07/13/2020, effective 07/14/2020 through 01/08/2021
274-039-0015 Use of Funding The RVHT funds are intended to provide a flexible, coordinated, reliable and continuing source of revenue in support of Transportation Services that provide transportation for Veterans pursuant to HB 2139 (2121). (1) RVHT funding may be used for the following purposes: (a) Maintenance of existing Transportation Services for Veterans; (b) Expansion of such Transportation Services; (c) Creation of new Transportation Services; (d) Planning for, and development of, access to transportation for Veterans who are not currently served by transportation programs and services; and, (e) RVHT funding may be used as matching funds for state and federal programs also providing transportation programs and services to Veterans. (2) Use of RVHT funding: (a) Projects using RVHT funding must comply with the requirements of USDOT Federal Transit Administration regulations, 49 CFR PART 37 TRANSPORTATION SERVICES FOR INDIVIDUALS WITH DISABILITIES (Americans with Disabilities Act) section 37.3, as applicable to the specific Project and Provider; and, (b) Projects financed in whole or part with RVHT funding must be coordinated with other transportation programs and services to the maximum extent feasible. (3) Except in the case of a uniform budget reduction, RVHT funding may not be used to supplant other funding currently appropriated to Providers for transportation projects benefiting Veterans. Statutory/Other Authority: ORS 406.005, 406.050 & 408.335 Statutes/Other Implemented: ORS 408.335 & 391.800-391.830 History: DVA 1-2023, adopt filed 06/14/2023, effective 06/14/2023
274-039-0020 Recipient Eligibility (1) Recipients eligible for RVHT funding provide mental and physical health access transit services to veterans who reside in census tracts to which, as of July 3, 2019, the US Department of Agriculture assigned a primary Rural-Urban Commuting Area (RUCA) code of 4 through 10 or are recipients of Federal Highly Rural Veterans Transportation funding available in counties with a population density of less than seven people per square mile. (2) An entity is eligible to apply for RVHT Program grants if it is a County, Transportation District or Indian Tribe. Statutory/Other Authority: ORS 406.005, 406.050 & 408.335 Statutes/Other Implemented: ORS 408.335 & 391.800-391.830 History: DVA 1-2023, adopt filed 06/14/2023, effective 06/14/2023
274-039-0025 Program Elements (1) The Program Administrator, or its designee, may establish requirements necessary for the implementation or administration of the RVHT Program, including but not limited to: (a) Specific goals and objectives; (b) Minimum award value; (c) Priorities; (d) Project type and purpose; and, (e) M atch contribution; (f) Reporting and oversight requirements; (g) Application and agreement process; (h) Method of reimbursement; (i) Advisory Committee or selection process; (j) Any accounting requirements; (k) Terms of agreement and process for amendments; (L) Program Sustainability (2) The RVHT Program will: (a) Be available on a cycle to be determined by the Program Administrator, or its designee, (b) Be a competitive award process; and, (c) Award funding based on the requirements of the RVHT Program. (3) The Program Administrator, or its designee, will announce the amount of funds available for distribution and will make applications and application procedures publicly available during open solicitations. Statutory/Other Authority: ORS 406.005, 406.050 & 408.335 Statutes/Other Implemented: ORS 408.335 & 391.800-391.830 History: DVA 1-2023, adopt filed 06/14/2023, effective 06/14/2023
274-039-0030 Joint Management of RVHT Funding (1) Two or more Providers may jointly manage their RVHT programs. Joint Management means two or more Providers joining together to manage their RVHT programs by consultation and acting independently, or by jointly managing the functions of the RVHT program. (a) Coordinated program management does not require an agreement between the parties. (b) Joint management of the functions including, and not limited to, pooling RVHT funding and jointly allocating funds to Projects, requires an agreement between the Providers. (2) When two or more Providers jointly manage the functions of the RVHT programs, they will: (a) Designate a lead Recipient who will perform all of the functions of the program as defined in this rule; (b) Ensure that programs are coordinated by the lead Recipient and local veteran and transportation representatives are included; and (c) Meet together for consultation and review of the jointly managed RVHT funded program at least once per year. Statutory/Other Authority: ORS 406.005, 406.050 & 408.335 Statutes/Other Implemented: ORS 408.335 & 391.800-391.830 History: DVA 1-2023, adopt filed 06/14/2023, effective 06/14/2023
274-039-0035 Recipient Qualifications (1) To be eligible to receive RVHT funding for a Project, a Recipient will meet, or have the capacity to meet, the following qualifications, as applicable to the type of Project being funded. A Recipient will: (a) Be an entity eligible to enter into agreements; (b) Have the legal, managerial and operational capacity to perform the Project; (c) Not be debarred or suspended from receiving state grants; (d) Maintain compliance with state and local laws and regulations including, and not limited to, those pertaining to passenger transportation, civil rights, labor, insurance, safety and health, as applicable; (e) Comply with the laws or rules of this program; (f) Properly use RVHT funding; and, (g) Perform the Project in a safe, prudent and timely manner. (2) A Recipient may require additional eligibility qualifications of sub-Recipients as necessary to implement a Project. (3) The Program Administrator may require additional eligibility qualifications of sub- Recipients as necessary to implement the RVHT Program. (4) The Recipient must confirm the eligibility of a sub-Recipient prior to awarding RVHT funding and entering into an agreement. (5) The Recipient must ensure that sub-Recipients maintain eligibility while receiving RVHT funding. (6) A sub Recipient found by the Recipient or Program Administrator to be ineligible may be required to repay funding received during the period of ineligibility. Statutory/Other Authority: ORS 406.005, 406.050 & 408.335 Statutes/Other Implemented: ORS 408.335 & 391.800-391.830 History: DVA 1-2023, adopt filed 06/14/2023, effective 06/14/2023