justicedao/ipfs_state_laws huggingface dataset:
813-145-0050 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with ESG requirements, which document the receipt and disbursement of all ESG funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement an approved Homeless Management Information System (HMIS) database for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other ESG records satisfactory to OHCS and consistent with ESG requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable ESG services, termination of services and the basis for same, housing status, administrative actions, contracts with subrecipients, review of subrecipient performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records must be satisfactory to OHCS in substance and format. (3) Subgrantees must provide OHCS with all required reports, data, and financial statements by submission deadlines and satisfactory to OHCS in form and substance as identified in the ESG requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of ESG, subgrantees and their subrecipients must: (a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives access to and permit copying of all electronic and hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to ESG, at any such representative’s request. (b) Cooperate fully in any inspections or other monitoring actions taken by OHCS, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives. (c) Retain and keep accessible all ESG records and data according to ESG requirements and as requested by OHCS. (5) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee and its subrecipients to verify compliance with the ESG requirements. Subgrantees and their subrecipients must cooperate fully with OHCS in its compliance monitoring activities. (6) Subgrantees must require by contract and monitor their subrecipients’ compliance with all ESG requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0060 Remedies (1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during program operations or compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, modifying funding amount, reducing or withholding payment, suspending or recouping payments or both, requiring a corrective action or additional activities necessary to satisfy its obligations or meet performance standards, initiation of an action or proceeding for damages, specific performance, or declaratory or injunctive relief, exercise of its right of recovery of overpayments, declaring subgrantee ineligible for the receipt of future awards from OHCS, criminal action for misstatements or fraud, misfeasance, claims under the Oregon False Claims Act, or other culpable behavior, investigation, audit, and/or sanction by other governmental bodies, and terminating its funding agreement with a subgrantee and requiring repayment of ESG funding. (2) To remedy any identified deficiencies, OHCS: (a) May issue a deficiency notice notifying a subgrantee of deficiencies identified and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected; (b) May require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS; (c) May offer training and technical assistance related to such deficiencies to the subgrantee; and (d) May, at its discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the subgrantee. (3) OHCS may provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for ESG funding. OHCS may provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS. (4) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the ESG requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0070 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing ESG services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-145-0080). Any household who received either an unsatisfactory determination or refusal of a review by the subgrantee may submit a written request to OHCS within 30 days of receiving the notice of review determination or refusal by the subgrantee to provide such administrative review. (2) OHCS may accept or deny a request to conduct a subgrantee administrative review, in whole or in part, at its sole discretion. An OHCS review will be in the manner determined appropriate by OHCS and may include, but is not limited to, review of provided information. (3) If OHCS accepts the review request, the requesting household, the subgrantee, and any relevant subrecipients will produce all information required by OHCS, including requested affidavits or testimony. (4) Upon accepting the review request, OHCS may make a determination on such review request and require such remedial action as OHCS determines, in its sole discretion, to be appropriate. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-145-0080 Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received ESG services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies ESG services. (2) An aggrieved household may request a formal review of a subgrantee’s action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of the requested review or the aggrieved household’s discovery of such action, for which an aggrieved household requests review. The ultimate determination of an aggrieved household’s discovery period is reserved to OHCS, in its sole discretion. (3) A household remaining aggrieved after such review may request further review of the subgrantee actions by OHCS (see OAR 813-145-0070). (4) The subgrantee must inform OHCS and the aggrieved party in writing of any final review determination made by the subgrantee, and the basis for same, within 10 days of such final determination. (5) The subgrantee must comply with OHCS requests for all supporting documentation related to the grievance when a household exercises their right for an administrative review of the subgrantee or subrecipient’s decision (as described in subsection (3) above). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 24 CFR 576 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 2-2023, amend filed 03/01/2023, effective 03/01/2023 OHCS 33-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 11-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2002, f. & cert. ef. 5-15-02 Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2002, f. & cert. ef. 5-15-02 OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02
813-200-0001 Purpose and Objectives OAR chapter 813, division 200 provides specific guidance pursuant to ORS 458.505 to 458.545, specifically ORS 458.505 to 458.515. These statutes designate Oregon Housing and Community Services (OHCS) as the state agency responsible for administering state and federal antipoverty programs in Oregon, including the Low Income Home Energy Assistance Program (LIHEAP). The purpose of the program is to assist low-income households with their home energy needs through a variety of means, including energy assistance payments, energy education and weatherization activities. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 5-2003, f. & cert. ef. 5-15-03 Temporary Suspended by OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03
813-200-0005 Definitions Terms used throughout OAR chapter 813, division 200 may be defined in Oregon Revised Statute (ORS) or in the OHCS General Definitions (OAR 813-005-0005). Terms used within this division observe those definitions except as defined below: (1) "Crisis assistance" or "crisis payment" means the assistance provided to low-income households for crisis situations such as supply shortages, loss of household heating or cooling or other situations approved by OHCS as described in the program requirements. (2) "Energy assistance payment" means a payment made under LIHEAP to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-200-0030. (3) "Energy burden" means the percentage of household income that goes towards energy costs. (4) "Home energy" means the type of energy or fuel, including but not limited to fuel oil, natural gas, electricity, wood or propane, used to power the household's primary source of heating or cooling equipment. (5) "Home energy supplier" means a supplier who either delivers home energy in bulk to households, or provides home energy continuously via wire or pipe. (6) "Household" means any individual residing alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase residential energy in common. (7) "Household income" means the total household income before taxes from all sources. Specific sources and deductions are outlined in the program manual. (8) "Low-income household" means a household with income that is at or below 60% of the state median income. (9) "Program" or "LIHEAP" means the Low-Income Home Energy Assistance Program administered by OHCS pursuant to this division and other applicable law. (10) "Program manual" or "Manual" means the LIHEAP & OEAP Intake Operations Manual, as described in OAR 813-200-0008. (11) "Program requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the program manual requirements; and applicable state, local, and federal laws and requirements. (12) "Program services" means the services that may be provided to eligible households as described in OAR 813- 200-0030 or allowed thereunder. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 7-2020, temporary suspends temporary OHCS 42-2019, filed 05/06/2020, effective 05/06/2020 through 06/27/2020 OHCS 42-2019, temporary amend filed 12/31/2019, effective 12/31/2019 through 06/27/2020 OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93, Renumbered from 813-200-0000 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0000 HR 1-1982, f. & cert. ef. 1-11-82
813-200-0008 Temporary rule language in effect until 03/29/2026. Manuals The LIHEAP & OEAP Intake Operations and Policy Manual (program manual) with the requirements and standards therein, dated October 1, 2025, is incorporated into and adopted as part of this division of administrative rules, by reference. The program manual may be accessed online at the OHCS website. [ED. NOTE: To view attachments referenced in rule text, click here to view rule.] Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 44-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 03/29/2026 OHCS 41-2025, temporary amend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 18-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 41-2024, temporary amend filed 10/02/2024, effective 10/02/2024 through 03/30/2025 OHCS 38-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 24-2023, amend filed 09/21/2023, effective 10/01/2023 OHCS 23-2022, amend filed 09/29/2022, effective 10/01/2022 OHCS 10-2022, amend filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary amend filed 02/24/2022, effective 03/01/2022 through 08/27/2022 OHCS 11-2021, amend filed 11/17/2021, effective 11/17/2021 OHCS 9-2021, temporary amend filed 09/24/2021, effective 10/01/2021 through 11/28/2021 OHCS 19-2020, amend filed 09/29/2020, effective 10/01/2020 OHCS 9-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-200-0010 Administration (1) OHCS may contract with subgrantees to provide eligible program services (see OAR 813-200-0030) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area. (2) OHCS will allocate LIHEAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and contract with and monitor local home energy suppliers to determine that the eligible households are receiving their awarded program services. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in LIHEAP-related training made available or conducted by OHCS. (6) A designated portion of LIHEAP funds are reserved for subgrantees and their subrecipients to use for administrative costs. Subgrantees and their subrecipients may expend up to a determined amount as authorized by OHCS and outlined in the funding agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0005 HR 4-1983, f. & cert. ef. 11-25-83 HR 1-1982, f. & cert. ef. 1-11-82
813-200-0020 Household Eligibility (1) Program services must be available to households that are determined to be eligible in compliance with the program manual. Baseline eligibility requirements include, but are not limited to: (a) Meeting income thresholds for LIHEAP; and (b) Having a demonstrated energy burden. (2) The period of time relevant to the determination of a household's eligibility must be no more than the past 12 months and not less than the 30 days immediately preceding the date of application by the household for program services. (3) An eligible household must receive assistance from the subgrantee in the service area in which the household’s dwelling is located. (4) Households in similar circumstances must receive similar benefits to the extent of LIHEAP funding. (5) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, licensed domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0010 HR 4-1983, f. & cert. ef. 11-25-83 HR 1-1982, f. & cert. ef. 1-11-82
813-200-0030 Use of Funds (1) Use of LIHEAP funds must be in compliance with LIHEAP program requirements for eligible households. (2) To the extent of available funding, program services include providing the following for eligible households: (a) Energy assistance payments; (b) Heating and cooling equipment repair and replacement; (c) Crisis assistance; and (d) Energy education. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0015 HR 4-1983, f. & ef. 11-25-83 HR 1-1982, f. & ef. 1-11-82
813-200-0050 Coordination with Home Energy Suppliers (1) Subgrantees must execute a contract with a home energy supplier in order for the home energy supplier to receive an energy assistance payment under LIHEAP. (2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0025 HR 1-1982, f. & cert. ef. 1-11-82
813-200-0052 Application for Funding; Funding Agreement (1) Prior to providing any LIHEAP program services using OHCS funding, subgrantees must submit biennially an application for funding to OHCS. A funding agreement must be approved by OHCS in writing before being operative. (2) Applications for funding must meet all requirements of form and content as established by OHCS. At a minimum, an application must include a subgrantee’s proposed activities for eligible households, anticipated expenditures, and any other information as OHCS may require specific to LIHEAP program funding. Subgrantees must adhere to OHCS requirements and deadlines for submitting an application. An application is subject to approval, with or without modifications, or disapproval by OHCS. (3) In cases where a Community Action Agency (CAA) has the conditional right of first refusal for antipoverty program administration, and the CAA cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may allow other eligible organizations to submit an application for funding with respect to that service area. (4) OHCS will evaluate all applications for funding for LIHEAP program sufficiency requirements. Sufficiency is based on the quantity, thoroughness and quality of performance that is satisfactory to OHCS. This includes, but is not limited to, providing relevant information necessary for OHCS to assess the subgrantee’s compliance with all LIHEAP program requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15