123-047-0130 Temporary rule language in effect until 07/31/2026. ARPA Capital Projects Fund Digital Connectivity Technology Program—Application Evaluation, Review and Approval, Appeals & Waiver (1) The Department shall conduct a review of all timely submitted applications for Program financial assistance. The Department’s review shall include the evaluation criteria provided in OAR 123-047-0047 and: (a) Review of each applicant’s proposed project for a determination of compliance with eligible uses of Program funds (i.e., Eligible Project) as provided by and as further defined by this division of rules and Program Guidance; (b) Review of each application for determination of whether the applicant is an Eligible Applicant as that term is defined by the rules; (c) Review for completion of the Program application, including satisfaction of requirements provided by this division of rules and Program Guidance; and (d) Application of any other criteria set forth in the funding notice and Program Guidance. (2) Complete applications submitted by Eligible Applicants will be evaluated by the Review Committee. The Review Committee will utilize the Program evaluation criteria to review and score applications. The Review Committee will also utilize any prioritization criteria or preferences provided in the Program Guidance and funding notice in its scoring or ranking. The Review Committee will provide its award recommendations to the Department. (3) The Department will consider the Review Committee’s recommendations before making final decisions and making any award(s) based on the evaluation criteria. The Department will determine the award amount and may offer an award amount lower than that which was requested in a Program application. (4) Meeting the eligibility requirements and submitting a complete application does not guarantee a Program award. (5) The Department may, at its discretion, request additional information before making its award decisions. (6) Program applications generally are public records subject to Oregon Public Records Law exceptions; an exception notwithstanding, the Department may make public submitted Program applications (in part or in whole) on the Oregon Broadband Office website. (7) Generally, within 30 days of the applicable funding notice’s application submission deadline, the Department will approve or reject Program applications. (8) Approved applicants will receive a notice of intent to award, and unsuccessful applicants will receive a letter of explanation from the Department. (9) The notice of intent to award provided to approved applicants will contain an offer of an amount for a Program grant project and may contain additional conditions to a grant award. All Program awards to approved applicants are subject to successful negotiation and execution of a Financing Contract with the Department. (10) The Department’s award decisions are final and may not be appealed to the Department. (11) In its sole discretion, the Department may waive non-statutory requirements of the Program if such a waiver would serve to further the goals or objectives of the Program. Statutory/Other Authority: ORS 285A.075, ORS 285A.166 & ORS 285A.180 Statutes/Other Implemented: ORS 285A.180 & Oregon Laws 2025, chapter 616, section 10 History: OBDD 3-2026, temporary adopt filed 02/04/2026, effective 02/04/2026 through 07/31/2026