justicedao/ipfs_state_laws huggingface dataset:
123-080-0020 Eligible Applicants and Activities (1) All cities and counties in non-entitlement areas of Oregon are eligible to apply for Community Development Block Grants except those determined to be ineligible by the Department because of nonperformance under a prior Community Development Block Grant contract. (2) Eligible activities are listed in section 105(a) of title I of the Housing and Community Development Act of 1974 (42 U.S.C. 5301 et seq.) and further defined in 24 CFR Part 570.482. Statutory/Other Authority: ORS 285A.075 & 285A.110 Statutes/Other Implemented: ORS 285A.075 History: EDD 3-2001, f. & cert. ef. 4-10-01 EDD 12-1999, f. & cert. ef. 10-11-99 EDD 5-1991, f. & cert. ef. 5-24-91 IRD 8-1986, f. 6-30-86, ef. 7-1-86, Renumbered from 120-021-0005 IRD 2-1986(Temp), f. & ef. 1-14-86
123-080-0030 Program Information (1) The Authority shall prepare an Application Package each year. The Application Package shall contain the method of distribution, application forms, and other supplementary information that may help eligible applicants prepare grant applications. (2) The method of distribution shall include a description of all criteria used to select applications from local governments for funding, including the relative importance of the criteria (if developed), a description of how all Community Development Block Grant resources will be allocated among all funding categories and the threshold factors and grant size limits that will be applied. The method of distribution shall be adopted each year after public review and comment of the Annual Update to the State of Oregon Consolidated Plan for Housing and Community Development. (3) The adopted method of distribution section of the Annual Update to the State of Oregon Consolidated Plan for Housing and Community Development on file with the Department is incorporated as part of these rules by reference. (4) The Authority shall prepare and provide to Community Development Block Grant recipients a Grant Management Handbook which specifies requirements for local grant management, reporting, and record keeping, and the Authority’s monitoring and grant closeout procedures. (5) The Authority shall administer Community Development Block Grants in compliance with the requirements of the Act, as amended, applicable rules, the method of distribution, and the Grant Management Handbook. (6) Land Use Coordination: Any project activity paid for with Community Development Block Grant funds that affects land use shall comply with the applicable requirements of OAR chapter 123, division 8. (7) Procurement by Recipients: When procuring property or services to be paid for in whole or in part with Community Development Block Grant funds, the recipient shall comply with Chapters 244 and 279 of the Oregon Revised Statutes, as applicable. [Publications: Publications referenced are available from the agency.] Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.075 History: EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 7-2006, f. 10-30-06, cert. ef. 10-31-06 EDD 3-2002, f. & cert. ef. 2-22-02 EDD 3-2001, f. & cert. ef. 4-10-01 EDD 12-1999, f. & cert. ef. 10-11-99 EDD 13-1998, f. & cert. ef. 8-14-98 EDD 3-1997, f. & cert. ef. 3-17-97 EDD 4-1996, f. & cert. ef. 5-28-96 EDD 1-1995, f. 1-31-95, cert. ef. 2-1-95 EDD 12-1994, f. & cert. ef. 9-8-94 EDD 2-1994, f. & cert. ef. 2-3-94 EDD 8-1993, f. & cert. ef. 9-21-93 EDD 3-1993, f. & cert. ef. 3-30-93 EDD 8-1992, f. & cert. ef. 4-24-92 EDD 5-1991, f. & cert. ef. 5-24-91 IRD 8-1986, f. 6-30-86, ef. 7-1-86, Renumbered from 120-021-0010 IRD 2-1986(Temp), f. & ef. 1-14-86
123-080-0040 Program Remedies The recipient shall be responsible for taking all action necessary to enforce the terms of the grant contract against any private or public participant who fails to comply with applicable provisions of the grant contract, and to recover on behalf of the state any financial liabilities that may arise as the result of the breach of the grant contract by any participant. Nothing in this paragraph shall restrict the state's rights to enforce independently the terms of any grant contract or to recover any sums that may become due as the result of a breach of such a contract. Statutory/Other Authority: ORS 184.125(3) & 190 Statutes/Other Implemented: ORS 285A.300 - 285A.312 History: EDD 27-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 5-1991, f. & cert. ef. 5-24-91 IRD 8-1986, f. 6-30-86, ef. 7-1-86, Renumbered from 120-021-0015 IRD 2-1986(Temp), f. & ef. 1-14-86
123-084-0010 Purpose The Oregon Business Development Department (“Department” or “Business Oregon”), pursuant to Oregon Laws 2023, chapter 546, section 5, shall develop and administer an Outdoor Gear and Apparel Matching Grant Program (“Program”) to provide financial assistance to one or more Membership Organizations and Business Accelerators that support emerging outdoor gear and apparel companies with capacity building and technical assistance in the outdoor gear and apparel industry. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0020 Definitions (1) “Business Accelerator” means a company: (a) Operating principally in this state; (b) With demonstrated success in operating educational programs in which outdoor gear and apparel industry veterans mentor cohorts of founders of emerging outdoor gear and apparel industry companies located in this state; and (c) Whose purpose is to help incubate and accelerate the growth of emerging companies. (2) “Cash Match” means moneys expended by the Program applicant, not covered by Grant funding, that are reasonable, necessary and directly related to the Program Project. (3) “In-kind Match” means the value of time, services, equipment or any other portion of the Project costs not covered by Program Grant funding or Cash Match provisions that are reasonable, necessary, and directly related to the Program Project. In-kind Match includes the value of volunteer work provided. (4) “Lead Organization” means the entity that is the applicant for one or more businesses, nonprofit organizations, Membership Organizations, or Business Accelerators. (5) “Membership Organization” means a nonprofit organization: (a) Operating principally in this state; (b) Consisting of member businesses from the outdoor gear and apparel industry whose principal place of business is in this state; and (c) That has the purpose of growing the outdoor gear and apparel industry at the state or regional level. (6) “Outdoor gear and apparel industry” means all traded sector businesses that manufacture gear and apparel for use in outdoor recreation. (7) “Outdoor Recreation” means activities undertaken for pleasure outdoors in natural environments. (8) “Traded sector” has the meaning given that term in ORS 285B.280. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-5 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0030 Matching Grant Fund Requirements (1) To be eligible for an Outdoor Gear and Apparel Matching Grant Program award, all applying Membership Organizations and Business Accelerators will be required to contribute a minimum of 10 percent of the costs of a proposed eligible project (“Match”). The Match must be provided after the Grant Award decision. (2) The 10 percent Match requirement must be fulfilled by a Cash Match. Any other portion of the Match may be a combination of Cash Match or In-kind Match. A Cash Match or an In-kind Match may be provided by the Applicant or other individual(s) or organization(s) but may not be provided by the State. (3) In evaluating Program applications, the Department will give a preference to Applications that propose to contribute a 100 percent match (1:1 match). (4) Full details regarding Match requirements will be contained in the Program request for grant applications (RFGA). Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0040 Eligibility and Application Submittal Process (1) The following are eligible to apply for an Outdoor Gear and Apparel Matching Grant Program award: all Membership Organizations and Business Accelerators. If more than one eligible entity apply together, the application shall designate a Lead Organization. (2) Grant Application Process: The Outdoor Gear and Apparel Matching Grant Program Funds will be subject to a competitive application process determined by the Department and detailed in an RFGA. The Department shall develop an RFGA for each grant cycle, which will be offered only as funding is available. (3) Program RFGAs may supplement these Program rules, including providing additional submission requirements, deadlines, evaluation criteria, and selection and award process details. (4) Grant applicants shall submit the following: (a) A signed and completed application form provided by the Department; (b) A Project description with activities described; (c) Organizational overview to demonstrate that the applicant is a Membership Organization or Business Accelerator; (d) Narrative describing demonstrated need and anticipated Project outcomes; (e) Project implementation plan with timeline; (f) A line-item budget with an accompanying narrative justifying the basis for each line-item (the budget should clearly link to activities described in the Project description); (g) Resumes of key individuals overseeing and leading the Project; (h) Letters of commitment (not letters of support) for any key collaborators that details their anticipated Project involvement, to include matching dollars support or program/service delivery, etc.; (i) Additional miscellaneous supporting documentation as needed; and (j) Additional requirements described in the RFGA. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: OR Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0050 Grant Evaluation, Review and Approval (1) Business Oregon will announce deadlines for submitting Program applications and provide the detailed evaluation criteria in the RFGA. (2) The grant applications will be evaluated based on the following general criteria: (a) Completeness of the application; (b) Quality of the Project Description; (c) Reasonableness of the Project budget and justifications and alignment of the budget with proposed Project activities; (d) Quality of metrics and targets for the Project; (e) Experience and capacity of Lead Organization and key individuals to facilitate capacity building and technical assistance in the outdoor gear and apparel industry; (f) Experience of partners and level of partner commitments to the Project; and (g) Any other criteria to be detailed in the request for grant applications. (3) Upon receipt of a completed application, Business Oregon will review the application for completeness and eligibility. (4) Complete applications submitted by eligible applicants will be evaluated by a grant review committee consisting of Business Oregon staff and community partners. The committee may include outside advisors selected by Business Oregon staff to assist with making recommendations. The committee will utilize the Program evaluation criteria to review and score applications to recommend those that best meet the Program’s objectives. The committee will provide its recommendation to the Department who will make final decisions and approve any award(s). Meeting the eligibility requirements and submitting a complete application does not guarantee a Program grant award. (5) Business Oregon may request additional information before making an award. (6) Successful applicants will receive a Notice of Intent to Award from the Department. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0060 Notice of Intent to Award (1) After review and evaluation of applications, Business Oregon will select awardee(s) and issue a Notice of Intent to Award that will include the amount of the conditional award to recipient organization(s). (2) Awards will be contingent upon the development and execution of a grant agreement that includes a mutually agreeable scope of work, budget, and performance metrics and targets tailored to the Project. (3) Business Oregon reserves the right to make funding awards for less than the amount requested by an applicant. (4) Business Oregon also reserves the right to adjust the amount of funding noticed and negotiate modifications to the applicant’s proposed project and budget prior to the execution of a grant agreement and related legal documents for the award. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0065 Grant Agreement (1) After approval of an application for a Program grant and Notice of Intent to Award, the Department will begin preparation of a binding Grant Agreement between the Department and the applicant or applicable Lead Organization for the application. (2) Agreements for Program Grants: (a) Shall have a required completion date and a deadline to request and disburse Program funds. (b) Shall incorporate the Grant award amount. (c) Shall provide that Grant funds may be used to pay only Project costs for the purposes of capacity building and technical assistance in the outdoor gear and apparel industry, as further detailed in the Grant Agreement. (d) Shall set forth the process that will be used to disburse Grant funds to the Grant Recipient as an advanced payment of 30% of the Program award amount followed by two equal disbursements of 35% of the award amount. The Department will make the second and third disbursements only after the recipient provides adequate documentation (in a format satisfactory to the Department) both that they’ve made appropriate progress on Project metrics and expenditures of at least 80% of the first and second Program disbursements respectively. (e) Shall provide a Project description with activities described, a schedule for key milestones and activities, and other goals to be met by the Recipient. (f) Shall incorporate a Project Budget, detailing both Grant funds and Match budgets. Pre-award costs are not eligible for Grant funding or Match contribution calculation unless expressly authorized by Business Oregon in the Grant Agreement, in its sole discretion. (g) Shall incorporate Project programmatic and financial reporting requirements (see OAR 123-086-0070) and other documentation that the Grant Agreement Recipient shall submit throughout the term of the Grant Agreement. (h) Shall require compliance with applicable local, state and federal laws. (i) Shall provide for remedies in the event of a breach or default of the Grant Agreement. (j) Shall contain such other terms and conditions as the Department requires. (3) Grant Agreements may be subject to review and approval by the Oregon Department of Justice for legal sufficiency as required by ORS 291.047. Applicants will not receive Grant funds until all required documents have been submitted and deemed satisfactory by Business Oregon and a Grant Agreement is fully executed. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0070 Reporting Requirements (1) Every Grant Recipient that enters into a Grant Agreement with the Department shall be required to report on Project activities, Project expenditures, Project milestones completed, overall outcomes and any other information required by the Department, on forms or in a format prescribed by the Department. The time periods to be covered in each report and the deadlines for report submission shall be determined by the Department on a case-by-case basis depending upon the nature of the Project activities. (2) The reporting obligations provided in section (1) cease on the earlier of the date the Agreement expires, the date the Agreement is terminated, or the date the Department has determined that the Grant Recipient has met their contractual obligations. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-084-0080 Records and Data Confidentiality (1) Data or information regarding an entity or Project in Grant Agreements, applications, reports, or related materials or communications provided to the Department will be public records subject to disclosure, except for information that qualifies as a public records exemption under ORS 192.311 to 192.478 (Oregon Public Records Law). (2) When submitting materials to the Department, it is the applicable company or organization’s responsibility to mark material believed exempt from disclosure under Oregon Public Records Law. To designate a portion of materials as exempt from disclosure under the Oregon Public Records Law, the company or organization shall: (a) Clearly identify in the body of the submission only the limited material that is believed to be a trade secret or would otherwise be exempt under public records law; (b) Identity the public records law exemption(s) that is believed to apply; and (c) Provide a justification for how each portion designated as exempt meets the criteria under the public records law. (3) Upon an applicable Public Records Law request, the Department shall determine whether any materials are exempt from disclosure and will redact from disclosure only that data or information. (4) Companies and organizations are advised to consult with their legal counsel regarding disclosure issues. They may wish to limit the amount of trade secret information or other data or information submitted, providing only what is necessary to submit a complete and competitive application or comply with legal requirements. Statutory/Other Authority: ORS 285A.075 & 2023 Or. Laws, chapter 546, section 5(3)(c) Statutes/Other Implemented: Or. Laws 2023, Ch.546, Sections 3-6 History: OBDD 17-2024, adopt filed 07/15/2024, effective 07/15/2024 OBDD 9-2024, temporary adopt filed 05/06/2024, effective 05/06/2024 through 11/01/2024
123-087-0000 Purpose This division of administrative rules sets forth guidelines for soliciting, accepting and reporting contributions to the Department projects, programs and purposes that are received from private, non-governmental sources, as permissible under state law, including but not limited to ORS 285B.200(1). These guidelines are based on the premise that building a stronger economy and vital communities in Oregon may necessitate and may sometimes be best accomplished by close collaboration among the public, nonprofit and private sectors. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.200 History: EDD 4-2003, f. & cert. ef. 3-26-03 EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88
123-087-0010 Definitions (1) For the purposes of these rules additional definitions may be found in Procedural Rules, OAR 123-001. As used in this division of administrative rules, unless the context requires otherwise the following definitions apply: (2) Private Sector Support means financial contributions and/or in-kind goods and services, such as those listed in OAR 123-087-0020(1), that are received by the Department. Such donations may be received from individuals, partnerships, or corporations, or any other private entity, including but not limited to nonprofit organizations. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.200 History: EDD 28-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88
123-087-0030 Avoiding Conflicts of Interest (1) The Department shall solicit and receive Private Sector Support only for the purpose of assisting the Department to undertake or implement the programs, functions or laws that it is charged with administering. (2) Private Sector Support may not be received or used in any way that: (a) Provides for the personal benefit of any state employee; (b) Directly benefits any entity responsible for the support; or (c) Pertains significantly to Department actions, decisions or resources with the potential to have a pecuniary advantage or detriment to such an entity. (3) If, in the judgment of the Director, an entity is offering or providing support in order to potentially receive special consideration, services or information from the state, or the support is otherwise improper, the Director shall refuse or return the support offered. The Director may consult with the Governor's Office, Department of Administrative Services, Secretary of State, Attorney General, the Oregon Government Ethics Commissionor other state agencies in order to determine whether receipt of such support is appropriate. (4) The Department shall, as needed, develop special operational guidelines for purposes of this division of administrative rules (including but not limited to the treatment of confidential or privileged information), signed statements acknowledging such guidelines, and so forth. (5) The elements and intent of this rule may be applied in situations that might arise with respect to contributions, in-kind goods or services or other forms of support offered to or received by the Department from local governments or municipal corporations that are eligible to receive funding from the Department. Statutory/Other Authority: ORS 285A.075 Statutes/Other Implemented: ORS 285A.200 History: EDD 28-2009, f. 12-31-09, cert. ef. 1-1-10 EDD 4-2003, f. & cert. ef. 3-26-03 EDD 35-1988, f. 11-30-88, cert. ef. 12-1-88
123-088-0010 Purpose The University Innovation Research Fund was established by the Oregon Legislature in 2019 through HB 2377. The purpose of this division of rules is to document the process and criteria by which this fund will be used to support innovation and commercialization of technology that has a direct or potential connection to economic development from Oregon’s public universities and Oregon Health & Science University (OHSU). Statutory/Other Authority: Sec 21, Ch. 643 OL 2019 & HB 2377 (2019) Statutes/Other Implemented: Sec 21, Ch. 643 OL 2019 & HB 2377 (2019) History: OBDD 17-2019, adopt filed 11/12/2019, effective 11/12/2019