justicedao/ipfs_state_laws huggingface dataset:
813-210-0050 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with CSBG requirements, which document the receipt and disbursement of all CSBG 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 CSBG records satisfactory to OHCS and consistent with CSBG requirements, which include, but are not limited to, documentation of household eligibility, receipt of allowable CSBG 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 CSBG requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of CSBG, 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 CSBG, 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 CSBG records and data according to CSBG 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 CSBG 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 CSBG 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: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15 OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 2-2002, f. & cert. ef. 4-15-02 OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02 HSG 7-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-060-0025 HR 3-1983, f. & cert. ef. 11-25-83 HR 5-1982, f. & cert. ef. 2-5-82
813-210-0066 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 CSBG 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 CSBG 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 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 CSBG requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2019, minor correction filed 07/03/2019, effective 07/03/2019 OHCS 14-2015, f. & cert. ef. 8-25-15
813-210-0071 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing CSBG services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-210-0076). 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: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15
813-210-0076 Administrative Review By Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received CSBG services or not, to contest a determination by the subgrantee or its subrecipients that either denies, limits, terminates, or modifies CSBG 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 813-210-0071). (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: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 OHCS 14-2015, f. & cert. ef. 8-25-15
813-210-0081 Reduction or Termination of CSBG Funding (1) No CAA or migrant and seasonal farmworker organization, which received CSBG funding in the previous federal fiscal year, shall have its present or future CSBG funding terminated or reduced below the proportional share of funding it received in the previous federal fiscal year unless, after notice and opportunity for hearing on the record, OHCS determines that cause existed for such termination or reduction, subject to the procedures and review by the OHCS director and the HHS Secretary. (2) For purposes of making a determination with respect to CSBG funding reduction or termination, the term “cause” includes, but is not limited to: (a) A statewide redistribution of CSBG funds to respond to: (A) The results of the most recently available U.S. Census or other appropriate data; (B) The establishment of a new migrant and seasonal farmworker organization; or (C) Severe economic dislocation; and (b) The failure of a migrant and seasonal farmworker organization to comply with the terms of its CSBG funding agreement with OHCS or the applicable state, local and federal laws and regulations, executive orders or these rules. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: 42 USC 106 & ORS 458.505 History: OHCS 39-2019, amend filed 12/23/2019, effective 12/23/2019 Renumbered from 813-210-0060, OHCS 14-2015, f. & cert. ef. 8-25-15 Reverted to OHCS 2-2002, f. & cert. ef. 8-15-02 Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 2-2002, f. & cert. ef. 8-15-02 Reverted to HSG 7-1993, f. & cert. ef. 10-1-93 OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02 HSG 7-1993, f. & cert. ef. 10-1-93
813-230-0000 Definitions (1) “Assistant director” means the department’s assistant director for the housing stabilization programs. (2) “Community action agency” or "CAA" means a private nonprofit corporation organized under ORS chapter 65, or an office, division or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements outlined in ORS 458.505(4). (3) "Department" or “OHCS” means the Housing and Community Services Department for the state of Oregon. (4) "Director" means the department director as appointed by the governor (5) "Governor" means the governor of the state of Oregon. (6) "OHDC" means Oregon Human Development Corporation, a private, nonprofit agency which serves migrant workers and families. Statutory/Other Authority: ORS 184.082 & 458.505 - 458.515 Statutes/Other Implemented: ORS 458.505 - 458.515 History: OHCS 16-2015, f. & cert. ef. 8-25-15 OHCS 1-2011, f. & cert. ef. 2-7-11 OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11 HSG 9-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0000 HR 3-1987, f. & cert. ef. 12-30-87
813-230-0005 Administration of Antipoverty Programs (1) The department is authorized by the Oregon legislature as the state affordable housing finance agency and administrator of state and federal antipoverty programs. The federal antipoverty programs are the Community Services Block Grant, the Low-Income Energy Assistance Block Grant, and the United States Department of Energy Weatherization Assistance Program. (2) The department administers the federal anti-poverty programs through subcontracts with community action agencies, the Oregon Human Development Corporation and other eligible entities under ORS 458.505. (3) The Community Action Partnership of Oregon performs the function of providing advice and recommendations to the department regarding administration and funding of antipoverty programs. Statutory/Other Authority: ORS 184.082 & ORS 458.505-458.515 Statutes/Other Implemented: ORS 458.505-458.515 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 16-2015, f. & cert. ef. 8-25-15 OHCS 1-2011, f. & cert. ef. 2-7-11 OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11 HSG 9-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0005 HR 3-1987, f. & cert. ef. 12-30-87
813-230-0007 Funding Eligibility (1) A community action agency, the Oregon Human Development Corporation or any other eligible entity under ORS 458.505 may administer an antipoverty program to which ORS 458.505 or 458.510 applies only if the entity has entered a contract for that purpose with the department, on terms established by the department. (2) In an area of the state served by a community action agency, unless the department determines that the agency is incapable of effective program administration, the agency has the right of first refusal in a contract for antipoverty program administration. (3) In an area of the state not served by a community action agency, the department may distribute federal antipoverty funds other than the Community Service Block Grant to an eligible entity that the department has identified as able to effectively serve low income populations because of the agency’s established service delivery system. (4) For each antipoverty program, allocation of program funds to service areas is subject to a formula established by the department prior to the allocation process. The department may modify a formula at any time in compliance with program requirements. (5) The department may fund only one agency in a service area unless the department in its sole discretion decides to allow two agencies to operate within a common service area. The two agencies may so operate only if the department and the two agencies enter into a memorandum of agreement that ensures full access to the program services for all eligible persons in the service area and prevents duplication of services. (6) To provide a program service or activity in the service area of an agency, the agency may subcontract with a nonprofit corporation established under ORS chapter 65, a housing authority established under ORS 456.055 to 456.235 or a local government as defined in ORS 197.015. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 - 458.515 History: OHCS 16-2015, f. & cert. ef. 8-25-15 OHCS 1-2011, f. & cert. ef. 2-7-11 OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11
813-230-0010 Designation of Community Action Agencies (1) CAAs established under the Economic Opportunity Act of 1964 or the direct successor to such CAAs, have been recognized by the department as designated CAAs for established service areas. (2) Agencies eligible for recognition as a CAA are political subdivisions of the state; private, nonprofit community organizations and migrant/seasonal farm worker organizations. An applicant agency must demonstrate its programmatic and administrative capabilities for implementing and operating anti-poverty programs and must be able to document that the agency service area has a population of a least 50,000 individuals. (3) New CAAs will be designated by the department for unserved areas of the state only if CAAs contiguous with or closest to the unserved areas decline to serve such areas. (4) Except in situations where an agency's status as a CAA is terminated voluntarily or involuntarily, changes in service area designations shall be initiated at the local level and submitted to the department for review and approval or disapproval. (5) Efforts to establish new CAAs in unserved areas of the state shall be initiated at the local level and submitted to the department for review and approval or disapproval. Statutory/Other Authority: ORS 184.082 & 458.505-515 Statutes/Other Implemented: ORS 458.505-515 History: OHCS 16-2015, f. & cert. ef. 8-25-15 OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05 HSG 9-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0010 HR 3-1987, f. & cert. ef. 12-30-87
813-230-0020 Termination of Community Action Agencies (1) A CAA shall not be terminated by the state of Oregon unless, and after notice and opportunity for hearing, it has been determined that cause existed for termination. (2) Such notice shall be sent to a CAA by the department and a hearing shall be held before the assistant director when in his or her opinion probable cause for termination exists. (3) A CAA may appeal the assistant director’s decision to the director for hearing on the record. (4) A CAA may appeal the director's decision to the governor for hearing on the record. (5) The decision to terminate a CAA will be transmitted to the Secretary for the U.S. Department of Health and Human Services for review within ten working days of that decision being finalized. Statutory/Other Authority: ORS 184.082 & 458.505-515 Statutes/Other Implemented: ORS 458.505-515 History: OHCS 16-2015, f. & cert. ef. 8-25-15 OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05 HSG 9-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-110-0020 HR 3-1987, f. & ef. 12-30-87
813-240-0001 Purpose and Objectives The purpose of OAR chapter 813, division 240 of the administrative rules is to implement the State Homeless Assistance Program (SHAP). Funding for SHAP comes from an Oregon Legislature allocation of state general funds. The purpose of SHAP is to provide operational support for emergency shelters and related supportive services for homeless households. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02
813-240-0005 Definitions Terms used throughout this division (OAR 813-240) 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) "Emergency shelter" means any appropriate facility that has the primary purpose of providing temporary for the homeless in general or for specific populations of the homeless and the use of which does not require occupants to sign leases or occupancy agreements and in accordance with program requirements. (2) "Homeless" means an individual, family or household that lacks a fixed, regular, and/or adequate nighttime residence in accordance with department categorical definitions. Categorical definitions are contained in the program manual. (3) "Homeless Management Information System" or "HMIS" is defined in 24 CFR 576.2. (4) "Household" means an individual living alone, a family with or without children or a group of individuals who are living together as one economic unit. (5) "SHAP" means the State Homeless Assistance Program administered by OHCS pursuant to this division and other applicable law. (6) "SHAP requirements" means these administrative rules; all funding agreement terms and conditions; OHCS directives (including deficiency notices); the SHF Manual requirements; and applicable state, local, and federal laws and requirements. (7) "SHAP services" means services as defined in OAR 813-240-0035 and the SHF Manual, which are eligible activities with SHAP funding. (8) "SHF Manual" or "Program manual" means the State Houseless Funds Operations Manual, as described in OAR 813-240-0007. (9) “Subgrantee” means person, entity, or party that enters into a contract, loan agreement, or grant agreement directly with OHCS to receive funds to administer the SHAP Program. (10) “Subrecipient” means organization as defined in ORS 458.610(6) that works with, collaborates with, or enters into a direct agreement with the subgrantee to provide services under the SHAP Program. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 2-2019, amend filed 04/22/2019, effective 04/22/2019 OHCS 3-2017, f. & cert. ef. 4-19-17 OHCS 14-2016(Temp), f. & cert. ef. 10-26-16 thru 4-23-17 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02, Renumbered from 813-240-0000 HSG 10-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0000 AFS 65-1985, f. & cert. ef. 11-5-85
813-240-0008 Manuals Effective on July 1, 2025, the State Homeless Funds Program Operations Manual (SHF Manual) with the requirements and standards therein, is incorporated into and adopted as part of division 813-240-0008 of the department's administrative rules, 813-240-0000 to 813-240-0080. The SHF Manual, dated July 1, 2023, previously incorporated into and adopted as part of these administrative rules remains in effect until July 1, 2025, on which date it is repealed. The SHF 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 458.620 & 458.650 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 21-2020, amend filed 10/27/2020, effective 10/27/2020 OHCS 11-2020, temporary amend filed 06/08/2020, effective 06/08/2020 through 12/04/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-240-0010 Administration (1) OHCS may contract with subgrantees to provide eligible SHAP services (see OAR 813-240-0035) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. (2) OHCS will allocate SHAP 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 458.610(6) to provide eligible SHAP services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, provide SHAP services to eligible applicants or households that meet SHAP requirements. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in SHAP-related training made available or conducted by OHCS, when required. (6 ) A designated portion of SHAP 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 458.610, 458.620 & 458.650 History: OHCS 19-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 34-2019, amend filed 11/07/2019, effective 11/07/2019 OHCS 17-2015, f. & cert. ef. 8-25-15 OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 6-2002, f. & cert. ef. 5-15-02 OHCS 4-2001(Temp), f. & cert. ef. 12-7-01 thru 5-26-02 HSG 10-1993, f. & cert. ef. 10-1-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 461-100-0005 AFS 65-1985, f. & cert. ef. 11-5-85