justicedao/ipfs_state_laws huggingface dataset:
813-202-0060 Administrative Review By Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received OEAP program services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies program services. (2) An aggrieved household may request an administrative review or fair hearing of a subgrantee’s or its subrecipients’ contested action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of contested action or the aggrieved household’s discovery of such action, for which an aggrieved household may request a review or hearing. 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 or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-202-0058). (4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request. (5) The subgrantee must inform OHCS and the aggrieved party in writing of any final administrative review determination made by the subgrantee, and the basis for same, within 10 days of such final determination. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650 History: OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 13-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03 Temporary Suspended by OHCS 18-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 9-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2003, f. & cert. ef. 5-15-03
813-203-0000 Purpose and Objectives OAR chapter 813, division 203 originally provided specific guidance pursuant to US Public Laws 116-260 and 117-2. These laws designated Oregon Housing and Community Services (OHCS) to administer and operate the Low-Income Household Water Assistance (LIHWA) Program in a manner similar to that of the Low-Income Home Energy Assistance Program (LIHEAP)—see OAR Chapter 813, Division 200. The purpose of the program is to assist low-income households with their household drinking water and sewage disposal services needs through water assistance payments. This division of rules shall apply to any additional funds received, either under these laws or otherwise, specifically for the purpose above. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0005 Definitions Terms used throughout OAR chapter 813, division 203 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 loss of household supply of drinking water or sewage disposal services or other situations approved by OHCS as described in the program requirements. (2) "Public drinking water or water treatment utility" or “utility” means the owner or operator of a Community Water System (as defined by the U.S. Environmental Protection Agency) or water treatment facility, who supplies a household with drinking water or sewage disposal services continuously via pipes. (3) "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 drinking water or sewage disposal services in common. (4) "Household income" means the total household income before taxes from all sources. Specific sources and deductions are outlined in the program manual (see OAR 813-203-0007). (5) "Low-income household" means a household with income that is at or below 60% of the state median income. (6) "Program" or "LIHWA" means the Low-Income Household Water Assistance Program administered by OHCS pursuant to this division and other applicable law. (7) "Program manual" or "Manual" means the LIHWA Intake Operations Manual, as described in OAR 813-203-0007. (8) "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. (9) "Program services" means the services that may be provided to eligible households as described in OAR 813-203-0030 or allowed thereunder. (10) "Water assistance payment" means a payment made under the LIHWA Program to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-203-0030. (11) "Water burden" means the percentage of household income that goes towards drinking water and sewage disposal services. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0007 Manuals The LIHWA Intake Operations Manual (program manual) with the requirements and standards therein, dated (as revised) May 30, 2024, 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: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 23-2023, temporary amend filed 09/21/2023, effective 10/01/2023 through 03/28/2024 OHCS 5-2023, amend filed 03/17/2023, effective 03/17/2023 OHCS 3-2023, temporary amend filed 03/03/2023, effective 03/06/2023 through 03/29/2023 OHCS 25-2022, temporary amend filed 09/30/2022, effective 10/01/2022 through 03/29/2023 OHCS 24-2022, amend filed 09/29/2022, effective 10/01/2022 OHCS 18-2022, temporary amend filed 08/09/2022, effective 08/09/2022 through 01/08/2023 OHCS 16-2022, temporary amend filed 07/13/2022, effective 07/13/2022 through 01/08/2023 OHCS 11-2022, amend filed 05/12/2022, effective 05/12/2022 OHCS 9-2022, temporary amend filed 03/31/2022, effective 03/31/2022 through 09/26/2022 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0010 Administration (1) As funds become available, OHCS may contract with subgrantees to provide eligible program services (see OAR 813-203-0030) 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, OHCS may give preference to the CAA in service provision rights. (2) OHCS will allocate available LIHWA 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 utilities 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 LIHWA-related training made available or conducted by OHCS. (6) Of those available funds, a designated portion of LIHWA funds is 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: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0020 Household Eligibility (1) As funds become available, 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 LIHWA; (b) Receiving services from an eligible public drinking water or water treatment utility; and (c) Having a demonstrated water 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 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: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0040 Use of Funds (1) Use of LIHWA funds must be in compliance with LIHWA program requirements for eligible households. (2) To the extent of available funding and as it becomes available, program services include providing the following for eligible households: (a) Water assistance payments; and (b) Crisis assistance. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0050 Coordination with Public Drinking Water or Water Treatment Utilities (1) When funds become available, subgrantees must execute a contract with a public drinking water or water treatment utility in order for the public drinking water or water treatment utility to receive a water assistance payment under the LIHWA Program. (2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0060 Application for Funding; Funding Agreement (1) Prior to providing any LIHWA program services using OHCS funds, as they become available, 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 LIHWA program funds. 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 subgrantee cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may request other eligible organizations to submit an application for funding with respect to that service area. (4) OHCS will evaluate all applications for funding for LIHWA 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 LIHWA program requirements and any other standards, goals, and requirements established by OHCS. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0070 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with LIHWA program requirements, which document the receipt and disbursement of all LIHWA funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the assistance database, OPUS, for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other LIHWA records satisfactory to OHCS and consistent with LIHWA program requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable program 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 LIHWA program requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of LIHWA, subgrantees and their subrecipients must: (a) Furnish representatives of OHCS, the Oregon Secretary of State's Office, the original funder (including the state or 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 the LIHWA Program, 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 original funder (including the state or federal government), and their duly authorized representatives. (c) Retain and keep accessible all LIHWA records and data according to LIHWA program 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 LIHWA program 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 LIHWA program requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0080 Remedies (1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, terminating its funding agreement with a subgrantee and requiring repayment of LIHWA program funding. (2) To remedy any identified deficiencies, OHCS: (a) Must issue a deficiency notice notifying a subgrantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected; (b) Must 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 must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee’s eligibility for LIHWA program funding. OHCS must 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 Executive Director of OHCS. (4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases. (5) 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 LIHWA program requirements, at law or otherwise. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0090 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing LIHWA program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-203-0100). 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. (5) OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022
813-203-0100 Administrative Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received LIHWA program services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies program services. (2) An aggrieved household may request an administrative review or fair hearing of a subgrantee’s or its subrecipients’ contested action (as described in subsection (1) above). The subgrantee must allow a minimum of 30 days, from the time of contested action or the aggrieved household’s discovery of such action, for which an aggrieved household may request a review or hearing. 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 or hearing of a contested action may request administrative review of the subgrantee by OHCS (see OAR 813-203-0090). (4) The subgrantee must inform OHCS in writing of any request by an aggrieved party for administrative review or fair hearing within 10 days of receiving such request. (5) The subgrantee must inform OHCS and the aggrieved party in writing of any final administrative review determination made by the subgrantee, and the basis for same, within 10 days of such final determination. Statutory/Other Authority: US Public Law 116-260, ORS 456.555 & US Public Law 117-2 Statutes/Other Implemented: US Public Law 116-260, US Public Law 117-2 & ORS 458.505 History: OHCS 21-2024, amend filed 06/03/2024, effective 06/03/2024 OHCS 3-2024, temporary amend filed 03/28/2024, effective 03/29/2024 through 09/24/2024 OHCS 8-2022, adopt filed 03/11/2022, effective 03/11/2022 OHCS 14-2021, temporary adopt filed 12/30/2021, effective 12/30/2021 through 06/27/2022