justicedao/ipfs_state_laws huggingface dataset:
813-385-0025 PSH Risk Mitigation Pool Program Manual (1) Additional guidance and application instructions are outlined in the RMP Program Manual dated April 23, 2025, incorporated into, and adopted as part of this division of administrative rules by reference. (2) The manual may be accessed online at OHCS's website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 458.620 & SB 5511 (2023) Statutes/Other Implemented: ORS 458.620 History: OHCS 36-2025, amend filed 08/21/2025, effective 08/26/2025 OHCS 23-2025, temporary amend filed 05/12/2025, effective 05/12/2025 through 11/07/2025 OHCS 7-2025, adopt filed 03/21/2025, effective 03/24/2025 OHCS 49-2024, temporary adopt filed 11/25/2024, effective 11/25/2024 through 05/23/2025
813-395-0005 Purpose OAR chapter 813, division 395 provides specific guidance related to ORS 315.281 through ORS 315.291, under which OHCS allocates the Publicly Supported Housing (PuSH) Seller’s Tax Credit to eligible transactions. The purpose of the PuSH Seller’s Tax Credit is to support the preservation of existing affordable housing by incentivizing sale of properties to purchasers who will extend affordability restrictions. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0010 Definitions Terms used throughout OAR chapter 813, division 395 may be defined in Oregon Revised Statute 315.281 or in OAR 813-005-0005 General Definitions. Terms used within this division observe those definitions, except as defined below: (1) “Oregon Centralized Application (ORCA)” has the meaning in OAR 813-002-0010. (2) “Publicly Supported Housing (PuSH)” has the meaning in ORS 456.250 (6). (3) “Publicly Supported Housing Seller’s Tax Credit Manual” means the manual for the PuSH Seller’s Tax Credit described in OAR 813-395-0015. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0015 Publicly Supported Housing Seller's Tax Credit Manual (1) Additional policies and instructions are outlined in the PuSH Seller’s Tax Credit Manual dated August 2024, incorporated into and adopted as part of this division of administrative rules by reference. (2) The manual may be accessed online at OHCS’ website. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0020 Eligibility (1) All transactions meeting eligibility criteria outlined in ORS 315.281 through 315.283 are eligible to receive tax credits at the amounts described therein. (2) OHCS will allow rental rates for dwelling units not covered by an existing affordability restriction to be set at an amount at or below 80% AMI. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0025 Application Process (1) Applications for the PuSH Seller’s Tax Credits will be available through the Oregon Centralized Application (ORCA) Intake Form. (2) Applications will be assessed on a first-come, first-reviewed basis. (3) OHCS’ Finance Committee will approve the reservation of tax credits for transactions recommended by applicable OHCS staff. (4) Receiving a PuSH Seller’s Tax Credit reservation does not guarantee, reserve, prioritize, or advantage an applicant in receiving another funding award from OHCS. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0030 Monthly Reporting on Transaction Status (1) Awarded applicants must submit a report relating to the status of their transaction on a monthly basis using a form provided by OHCS until the transaction closes or is cancelled. (2) If a transaction that has been awarded the PuSH Seller’s Tax Credit is cancelled, applicants must make OHCS aware within 30 days of the cancellation. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0035 Notice of Final Sale The seller of the awarded property must submit a Notice of Final Sale on a form provided by OHCS within 30 business days of financial closing. OHCS will not provide a certification of the seller’s claim to credit before receiving this form. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0040 Rent Increase Policy Properties using the PuSH Seller's Tax Credit will be subject to OHCS' Rent Increase Policy, available on OHCS' website. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0045 Compliance (1) OHCS retains the ability to ensure that properties remain in compliance by undertaking activities including, but not limited to, auditing the files associated with the property (e.g., rents charged and income certifications) and physical conditions of the property, at any time. (2) If the transaction is awarded other funding from OHCS in addition to the PuSH Seller’s Tax Credits, the compliance procedures and requirements associated with the other funding source(s) will apply. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-395-0050 Waiver The Director may waive or modify any requirements of these rules unless such waiver or modification would violate applicable statute or federal regulations. Statutory/Other Authority: ORS 315.281 - ORS 315.291 Statutes/Other Implemented: ORS 315.281 - ORS 315.291 History: OHCS 5-2025, adopt filed 03/13/2025, effective 03/14/2025 OHCS 34-2024, temporary adopt filed 09/16/2024, effective 09/17/2024 through 03/15/2025
813-405-0005 Purpose and Objectives (1) The rules of OAR 813, division 405, are established to accomplish the general purpose of House Bill 3395 Sections 44 to 47 from the 2023 Legislative Session, which authorizes the Department to provide grants to a Community Development Financial Institution for the purpose of establishing a fund to guarantee the repayment of loans to finance the construction of housing subject to an affordable housing covenant for low or moderate income households, as described in ORS 456.270 to 456.295. (2) These rules describe requirements for the Construction Loan Guarantee program and its objective to provide loan guarantees to construct new housing or to rehabilitate existing structures for housing. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0010 Definitions All words and terms are used in OAR 813, division 405, as defined in the Act, and as provided in 813-005-0005 (General Definitions) and herein. As used in these rules, unless the context indicates otherwise: (1) "Community Development Finance Institution (CDFI)" means a federally insured and regulated depository institutions with a primary mission of community development. CDFI's are certified by the U.S. Department of Treasury and include requirements that at least 60 percent of their financing activities be targeted to one or more (2) “Construction Loan Guarantee (CLG)” means a guarantee of repayment of loans made to finance the construction of housing subject to an affordable housing covenant for Low- or Moderate-Income households. (3) “Fund” means the Guarantee Fund used for the Construction Loan Guarantee Program; (4) “Low Income” as defined in ORS 458.610; (5) “Moderate Income” as defined in ORS 458.610; (6) “Very Low Income” as defined in ORS 458.610. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023), ORS 456.270 – 456.295 & ORS 458.610 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0015 Availability and Source (1) CLG funds were authorized through House Bill 3395 of the Oregon Legislative Session in 2023. A program framework was then provided and approved by the Oregon Housing Stability Council. (2) CLG funds, must be granted to a third-party administrator that is a CDFI for the purpose of fund management and administration of the program. (3) The CLG fund administrator is responsible for the following: (a) Outreach (b) Technical assistance (c) Fund management (d) Pipeline monitoring, tracking and management (e) Program design (f) Fund deployment (g) Impact analysis (h) Compliance monitoring (i) Reporting Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0025 Program Administrator Selection Criteria (1) The Department may include the following criteria as part of the CDFI selection process: (a) The Administrator must meet the definition of a CDFI found in 813-405-0010; (b) The CDFI must have the ability to provide the services throughout the State of Oregon; (c) The CDFI has experience in providing guarantees, for construction lending in particular; (d) The CDFI has experience in assuring that funds provide benefits to families and business that are historically underserved by public dollars; (e) The CDFI presents a plan that allows for the continuation of project development after activation of the guarantee; (f) The CDFI presents a plan that is efficient in utilizing public dollars but also targets the borrowers and projects most in need of a loan guarantee; and (g) The CDFI presents a plan that realistically plans for the funds longevity in the long term, focused on a 30 to 60 year time horizon. (2) The Department will expect reporting to be conducted on all of these criteria in accordance with the annual reporting requirements in 813-405-0035. Any changes to the program, organization, fund, or other critical components of the award, must be reported and approved by the Department. If the changes are not aligned with the intent of the program, or have strayed too significantly from the structure from the original award, the CDFI risks loss of program administration authority. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0030 Program Continuation (1) The CLG program includes the backing of guarantee amounts depending largely upon individual project need. Guarantees may be activated and provided to borrowers or their associated lending institution in the form of loans or grants. (2) Loans must include loan terms and interest rates though interest rates shall be established at rates below market levels. Funds returned through this process shall be reused by the program or until such time that the Department determines the program is no longer effective or funding is inadequate. (3) At the time the program ends or any unused funds must be returned from any third party provider, not including any agreed administrative expenses. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0035 Program Oversight (1) The Department requires information from project awardees on an annual basis every year that the fund is still actively being used for this program. (2) Report information must include but is not limited to the following: (a) Number of loan guarantees made to housing projects (b) Entity and project information of housing projects, including at a minimum: (A) Lender entity name (B) Borrower entity name (C) Project location (D) Relevant project details, including at a minimum: (i) Target population (ii) Total units (iii) Units by bedroom size (iv) Units by rent restrictions (c) Status of loan guarantees made, including at a minimum: (A) Length of time remaining on all active guarantees and associated loans (B) Use of guarantees, if applicable, by projects. Report should include both the amount activated and how it was utilized (d) Construction status of project (e) Relevant updated financial information if necessary (f) Pipeline of projects, if applicable (3) Information review shall be done at least annually by OHCS staff and will be delivered to the Department by, at the latest, 30 days after the end of each fiscal year (June 30). (a) The Department will provide oversight to a Third Party Administrator. (b) Oversight may be established through a cooperative review process. Joint reviews shall be done at least annually and may be more often if determined appropriate. (c) The Department shall establish report criteria for the Third Party Administrator that includes, at a minimum, the information outlined in 813-405-0020. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-405-0040 Fees and Changes The Department may engage in a long term contract with targeted performance outcomes allowing for contract termination earlier if necessary. However, if performing, a long term contract is preferred due to the high front end costs and the long term nature of construction and loan repayments the Third Party Administrator may be allowed to establish a loan fee structure and an application fee to offset administration though the department is advised to establish some ongoing administration costs for the Third Party Administrator for ongoing technical assistance demands. Statutory/Other Authority: HB 3395 (2023) Statutes/Other Implemented: HB 3395 (2023) & ORS 456.270 – 456.295 History: OHCS 53-2024, adopt filed 12/30/2024, effective 01/01/2025 OHCS 25-2024, temporary adopt filed 07/31/2024, effective 08/01/2024 through 01/26/2025
813-410-0005 Temporary rule language in effect until 07/27/2026. Purpose and Objectives (1) The Moderate-Income Housing Revolving Loan (MIRL) Program was established by Senate Bill 1537 in the 2024 Legislative Session. It allocated $75 million in General Fund resources to capitalize the Housing Project Revolving Loan Fund. The MIRL Program is intended to support and expand local very low, low- and moderate-income housing production across the state through a revolving loan structure. (2) The MIRL Program is limited to the development of new housing, or conversions of non-residential structures to housing, for households earning 120 percent or less of the Area Median Income. The improvements constituting the Eligible Housing Project will be exempt from property taxes for an assumed period of ten (10) years. In lieu of regular property tax payments on the improvements, the Developer / Fee Payer will pay a predetermined annual Program Fee for the duration of the property tax exemption. (a) The improvements constituting the Eligible Housing Project will be exempt from property taxes for an assumed period of ten (10) years. In lieu of regular property tax payments on the improvements, the Developer / Fee Payer will pay a predetermined annual Program Fee for the duration of the property tax exemption or; (b) Through an alternative funding source. Statutory/Other Authority: SB 1537, (2024), Sections 24-36, ORS 183.333 & SB 48 (2025), Section 9-23 Statutes/Other Implemented: SB 1537, (2024), Sections 24-36 & SB 48 (2025), Section 9-23 History: OHCS 2-2026, temporary amend filed 01/29/2026, effective 01/29/2026 through 07/27/2026 OHCS 35-2025, adopt filed 08/04/2025, effective 08/05/2025 OHCS 3-2025, temporary adopt filed 02/10/2025, effective 02/10/2025 through 08/08/2025
813-410-0010 Temporary rule language in effect until 07/27/2026. Moderate-Income Revolving Loan Program Manual (1) Additional guidance and application instructions are outlined in the Moderate Income Revolving Loan (MIRL) Program Manual dated January 2026, incorporated into, and adopted as part of this division of administrative rules by reference. (2) The manual may be accessed online at OHCS's website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: SB 1537 (2024), Sections 24-36, ORS 183.33 & SB 48 (2025), Section 9-23 Statutes/Other Implemented: SB 1537 (2024), Sections 24-36 & SB 48 (2025), Section 9-23 History: OHCS 2-2026, temporary amend filed 01/29/2026, effective 01/29/2026 through 07/27/2026 OHCS 35-2025, adopt filed 08/04/2025, effective 08/05/2025 OHCS 4-2025, temporary adopt filed 02/24/2025, effective 02/25/2025 through 08/08/2025 OHCS 3-2025, temporary adopt filed 02/10/2025, effective 02/10/2025 through 08/08/2025
816-005-0000 Definitions The following abbreviations apply to OAR Chapter 816, Divisions 005 to 085: (1) “ASL” means American Sign Language. (2) “Board” means the State Board of Sign Language Interpreters. (3) “Educational setting” means a public agency or school district as those terms are defined in OAR 581-015-2000. (4) “EIPA” means the Educational Interpreting Performance Assessment. (5) “HLO” means the Health Licensing Office. (6) “NAD” means the National Association of the Deaf. (7) “ODE” means Oregon Department of Education. (8) “RID” means Registry of Interpreters for the Deaf. (9) “SLI” means “sign language interpreter” as that term is defined in ORS 676.750. (10) “SLI generalist license” means a “sign language interpreter license” corresponding to ORS 676.756. (11) “Supervisor” means advisor, coach, instructor, mentor, or trainer. (12) “TBEI” means Texas Board for Evaluation of Interpreters. Statutory/Other Authority: ORS 676.750, ORS 676.753, ORS 676.756, ORS 676.759, ORS 676.762, ORS 676.765, ORS 676.768, ORS 676.783 & ORS 676.786 Statutes/Other Implemented: ORS 676.750, ORS 676.753, ORS 676.756, ORS 676.759, ORS 676.762, ORS 676.765, ORS 676.768, ORS 676.783 & ORS 676.786 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024
816-005-0010 Election of Chairperson and Vice Chairperson The chairperson and vice chairperson must be elected annually. Elections must be held during the last Board meeting of the year or if canceled, the next scheduled meeting. Terms of office run from January 1 to December 31. Statutory/Other Authority: ORS 676.780 & ORS 676.783 Statutes/Other Implemented: ORS 676.780 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024
816-005-0020 Vacancies in Office If the chairperson or vice chairperson is unable to complete the Officer’s respective term, then the Board must elect another chairperson or vice chairperson. Statutory/Other Authority: ORS 676.780 & ORS 676.783 Statutes/Other Implemented: ORS 676.780 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024
816-005-0030 Duties of Officers and Board Procedures (1) Except for the provision listed in subsection (2) of this rule, the chairperson must preside at all meetings. The chairperson shall confer with the Office on matters that come up between meeting dates and matters that need to be placed on the agenda for Board meetings. The chairperson may order or reorder the agenda. (2) The vice chairperson will preside at the meeting or the portion of the meeting when the chairperson is absent. (3) Board decisions will be made by a vote of the Board, preceded by a motion and second to the motion. Statutory/Other Authority: ORS 676.780 & ORS 676.783 Statutes/Other Implemented: ORS 676.780 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024
816-015-0000 Emergency Care and Exceptions (1) Nothing in these rules is meant to prevent an Emergency Medical Services provider from providing prehospital care, as that term is defined in ORS 682.025, to an individual who communicates in signed language. (2) Nothing in these rules is meant to delay assistance or care in emergency situations involving imminent or immediate harm and during which a licensee is not available. (3) Nothing in these rules is meant to conflict with or supersede federal law. (4) Sign language interpretation services may be provided by a person who is a qualified interpreter under ORS 45.288, or a court interpreter certified under ORS 45.291 providing SLI services for the purpose of a proceeding in the Supreme Court, Court of Appeals, Oregon Tax Court, or a circuit court. Statutory/Other Authority: ORS 676.771 & ORS 676.783 Statutes/Other Implemented: ORS 676.771 & ORS 676.783 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024
816-025-0000 SLI Supervisory License (1) A SLI supervisory license holder: (a) May provide SLI services. (b) May supervise SLI provisional license holders. (c) May provide SLI services in an educational setting. (d) May not provide SLI services in a medical setting unless the person holds a license under ORS 676.765 and OAR 816-025-0060. (e) May not provide SLI services in a legal setting unless the person holds a license under ORS 676.768 and OAR 816-025-0080. (2) A SLI supervisory license is current for one year and becomes inactive on the last day of the month one year from the date of issuance. (3) A SLI supervisory license may be renewed. (4) The issuance or the licensee’s holding of a SLI supervisory license does not supersede, replace, or negate the need for the licensee to comply with other laws requiring licensure or registration or competent SLI services. Statutory/Other Authority: ORS 676.753 & ORS 676.783 Statutes/Other Implemented: ORS 676.750, ORS 676.753, ORS 676.759, ORS 676.762, ORS 676.768, ORS 676.783 & ORS 676.765 History: SLI 2-2024, adopt filed 06/06/2024, effective 06/08/2024