justicedao/ipfs_state_laws huggingface dataset:
812-032-0130 Certificate Renewal — Effective Date; Effect of Lapse (1) A renewed certificate shall be effective on the day following the expiration date for which the renewal is sought if the certified home energy assessor fulfills all of the requirements in OAR 812-032-0120 on or before the expiration date. (2) Except as provided in subsection (4), if a certified home energy assessor fails to fulfill all of the requirements in OAR 812-032-0120 on or before the expiration date, but fulfills the requirements at a future date, the renewal shall be effective on the date that all the requirements for renewal have been fulfilled. During the period from the expiration date to the effective date, the certificate is deemed to have lapsed. (a) A home energy assessor may not offer to assign, or assign, home energy scores while the certificate is lapsed. (b) A home energy assessor may not use the title of home energy assessor or similar other title while the certificate is lapsed. (3) If the certificate lapses for one year or less, the applicant may renew its certification by renewing the certificate as provided for in OAR 812-032-0120. (4) If the certificate lapses for more than one year, the applicant must apply for a new certificate as provided for in OAR 812-032-0100. Statutory/Other Authority: ORS 670.310, 701.235 & 701.532 Statutes/Other Implemented: ORS 701.532 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-032-0135 Mailing and E-mail Address Changes (1) Certified home energy assessors shall notify the board of any change in mailing or e-mail addresses while certified and for one year following the certification expiration date. Such persons must notify the board within 10 days after changing an address. (2) No charge will be made for a mailing or e-mail address change to the board’s records. Statutory/Other Authority: ORS 670.310, 701.235 & 701.532 Statutes/Other Implemented: ORS 701.532 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-032-0140 Requirement that Home Energy Assessor Own or Work for a Licensed Contractor (1) In order to work as a home energy assessor, a certified home energy assessor must be an owner or employee of a licensed construction contractor, including, but not limited to, a home energy performance score contractor. (2) If the board refuses to issue, refuses to reissue, suspends or revokes the contractor’s license, or if the construction contractor’ license expires or becomes inactive, the certified home energy assessor may not: (a) Undertake, offer to assign or assign home energy performance scores; or (b) Use the title of home energy assessor or similar other title. Statutory/Other Authority: ORS 670.310, 701.235 & 701.532 Statutes/Other Implemented: ORS 701.532 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
812-032-0150 Application, Renewal and Certificate Fees (1) The application fee for a home energy assessor certificate is $100. (2) The fee for issuance of an initial one-year certificate is $100. (3) The fee for renewal of a one-year certificate is $100. (4) All fees are non-refundable and non-transferrable. Statutory/Other Authority: ORS 670.310, 701.235 & 701.532 Statutes/Other Implemented: ORS 701.532 History: CCB 3-2014, f. & cert. ef. 4-30-14 CCB 6-2013, f. 12-19-13, cert. ef. 1-1-14
813-001-0002 General Purpose OAR chapter 813, division 001, is promulgated to provide an overview of the Housing and Community Services Department and related entities and to describe general procedural rules with respect to the review and approval or disapproval by the Housing Stability Council of certain housing grants, loans and other funding awards proposed to it by the Director of the Department. Statutory/Other Authority: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617 Statutes/Other Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617 History: OHCS 2-2006, f. & cert. ef. 1-31-06 OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06
813-001-0009 Adopting Attorney General's Model Rules The Housing and Community Services Department adopts as its rules of procedure the Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act and in effect on April 1, 2014. (1) Pursuant to ORS 183.341. Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules of Procedures for Contested Cases (OAR 137-003) in effect April 1, 2014, as they may be amended from time to time. (2) Pursuant to ORS 183.341, Oregon Housing and Community Services adopts by reference the Attorney General’s Model Rules for Rulemaking (OAR137-001) in effect January 1, 2023, as they may be amended from time to time. [ED. NOTE: The Attorney General’s Model Rules of Procedure are available from the office of the Attorney General or the Housing and Community Services Department.] Statutory/Other Authority: ORS 183.341 & OL 1999 Ch. 849 Statutes/Other Implemented: ORS 183.025, ORS 183.090 & ORS 183.310 History: OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024 OHCS 7-2010, f. & cert. ef. 6-17-10
813-001-0011 Waiver The Director may waive or modify any requirements of OAR 813, division 001, unless such waiver or modification would violate applicable federal or state statutes or regulations. Statutory/Other Authority: ORS 91.886, 183 & 456.555 Statutes/Other Implemented: ORS 90.800 - 90.840, 91.886, 456.515, 456.725 & 458.005 - 458.740 History: OHCS 2-2006, f. & cert. ef. 1-31-06 OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06
813-001-0060 Lay Representative, Contested Cases Involving Civil Penalty (1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Department or by the Office of Administrative Hearings on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to ORS 90.736. (2) A representative of the Department under section (1) of this rule may not make legal argument on behalf of the Department, including an argument on any of the following: (a) The jurisdiction of the Department to hear the contested case; (b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department or an agency generally; or (c) The application of court precedent to the facts of the particular contested case proceeding. (3) A representative of the Department under section (1) of this rule may do any of the following: (a) Examine and cross-examine witnesses; (b) Present motions, evidence and factual arguments; and (c) Present arguments on any of the following matters: (A) The application of a statute or rule to the facts in the contested case; (B) Comparison of prior actions of the Department in handling similar situations; (C) The literal meaning of a statute or rule directly applicable to an issue in the contested case; and (D) The correctness of procedures being followed in the contested case hearing. Statutory/Other Authority: ORS 183.452 & ORS 90.736 Statutes/Other Implemented: ORS 183.452, ORS 90.736, ORS 90.732, ORS 205.125, ORS 446.515 & ORS 446.547 History: OHCS 34-2023, amend filed 12/29/2023, effective 01/01/2024 OHCS 35-2019, minor correction filed 11/13/2019, effective 11/13/2019 OHCS 26-2019, minor correction filed 08/02/2019, effective 08/02/2019 OHCS 6-2011, f. & cert. ef. 5-25-11 OHCS 15-2010(Temp), f. & cert. ef. 12-1-10 thru 5-29-11
813-002-0005 Purpose and Objectives OAR Chapter 813, Division 2 establishes the rules and guidelines for the Affordable Rental Housing (ARH) Division within the Oregon Housing and Community Services Department (OHCS). This Division 2 is designed to govern the ARH division’s rules and policies for the entire division. Statutory/Other Authority: ORS 458.210 - 458.740, HB 3395 (2023), ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 458.210 - 458.740, HB 3395 (2023), ORS 456.250 - 456.395 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0010 Definitions The following words and terms have the following meanings unless the context would clearly indicate otherwise. (1) “Applicant” means any sponsor or developer or other entity related to a Project applying for funding from OHCS through the ORCA process or otherwise on behalf of that Project. (2) “ARH” means the Affordable Rental Housing Division within OHCS which provides financial resources to create and preserve quality, affordable rental housing for Oregonians. ARH is also responsible for overseeing long-term property performance and programmatic compliance of OHCS federal and state development investments, permanent supportive housing funding, and the United States Department of Housing and Urban Development’s (HUD) rent-assisted portfolio of housing. (3) “Co-Developer” or “Developer” means an organization with a controlling interest in the proposed or funded Project and that is or will be compensated for that controlling interest.. (4) “Co-Sponsor or “Sponsor” means an individual, group, or organization that provides resources, support, and leadership to the Project team and generally “owns” the affordable housing development Project. (5) “Developer Consultant” means an individual or entity contracted to provide guidance and support to the Applicant to structure the project, its funding, and/or seeing its through completion. (6) “Funding” means financial support from ARH, including loans, grants, bonds, or other types. (7) “Funding Process” means the method ARH employs to receive prospective project applications in order to distribute Funding for Affordable Rental Housing projects in Oregon. This may include the ORCA or a different Funding Process. (8) “Funding Recipient” means an Applicant that has been awarded Funding for their project. (9) “Oregon Centralized Application” or (“ORCA”) means the integrated entry point for an Applicant to request an affordable housing subsidy from ARH. The ORCA process is divided into various steps in which applicants provide increasing levels of information from project concept to commitment. (10) “Project Owner” means the entity that acts as the responsible party for a project once the project has been funded and established. (11) “ARH Predevelopment and Pipeline Technical Advisory” means assistance and guidance provided to Applicants as they engage with the Funding Process and move through the ARH development pipeline. Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0015 Governance and Decision Making (1) ARH may develop, review, and propose changes to policies as necessary to address evolving housing needs, market conditions, and legislative mandates. (2) The General Policy and Guideline Manual (GPGM) dated May 6, 2024, as amended from time to time, is incorporated into this Division 2 by reference. Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0020 Public Input (1) Public feedback may be provided to ARH using the Housing Stability Council public feedback process which is published on the OHCS website. (2) ARH Funding Applicants and prospective Applicant input may also be provided to ARH through the OHCS General Housing email inbox at app.team@hcs.oregon.gov. (3) Project Owners that receive ongoing OHCS compliance monitoring may also provide feedback regarding ARH policies by using the methods listed above or by contacting the ARH staff member responsible for monitoring their project. (4) Tenants residing in properties that receive ongoing OHCS compliance monitoring may provide feedback regarding ARH policies by using the methods listed in this section. (5) Public feedback will be taken under consideration by ARH. ARH will retain sole discretion for final decision-making regarding the feedback provided by the public. Statutory/Other Authority: 456.250 - 456.395,, 456.500 - 456.723 & 458.210 - 458.740 Statutes/Other Implemented: 456.250 - 456.395,, 456.500 - 456.723 & 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0025 Funding Applications (1) The Funding Process may include multiple housing resources. Applications may be accepted on a rolling basis if funding is available. (2) During the ORCA application process, ARH staff will work with Applicants to assign the best Funding for a project based on the project type, Applicant’s project management experience, eligibility requirements, Funding availability, and other factors as determined by ARH. (3) Funding may be set aside to assure access and availability for historically underserved areas or Applicants depending on ARH policy goals or resource priorities. (4) Projects in the ARH development pipeline will move through various steps to receive Funding. Standards tied to these steps may be determined by the unique project needs as well as specific funding types attached to the project. (5) Movement through the ARH development pipeline steps will be determined by the Applicant’s ability to complete tasks and achieve standards. However, some steps may be time-constrained as determined by ARH. OHCS will provide Applicants with notice of any deadlines for necessary tasks related to the project if failure to complete the task would result in a project restarting a step in the pipeline, denial of funding, or ARH recalling a conditional commitment of the project funding. Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0030 Technical Advisory (1) ARH Predevelopment and Pipeline Technical Advisory assistance and guidance may include: (a) Assistance to Developers in identifying support needed to navigate the Funding Process or ARH development pipeline, strengthen OHCS capacity to build and maintain affordable rental housing, or other areas determined by OHCS. (b) Offering resources and referrals to Developers. (c) Guidance regarding difficulties Developers encounter during the Funding Process or while in the ARH development pipeline. (2) Developers that seek to engage with the ARH Predevelopment and Pipeline Technical Advisors may indicate so at any time throughout the Funding Process. ARH staff may also refer Developers directly to the ARH Predevelopment and Pipeline Technical Advisory team for support. (3) ARH may establish and enforce a limit on the number of Developers enrolled to receive services from the ARH Predevelopment and Pipeline Technical Advisory team. (a) If such limits on enrollment are established or enforced, priority enrollment will be provided to entities consistent with the most recent Statewide Housing Plan priorities. (b) Additional priority engagement with ARH Predevelopment and Pipeline Technical Advisory may be extended to entities that meet priority set-asides offered at the time of engagement. (4) ARH Predevelopment and Pipeline Technical Advisors support projects in an advisory capacity only. Working with ARH Predevelopment and Pipeline Technical Advisors does not guarantee Funding or preference for any ARH resources. ARH is not liable for any failure of a project to move through the Funding Process to financial close, regardless of the amount of time ARH staff has contributed to supporting an Applicant throughout that process. Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0035 Funding Allocations (1) Applications will be evaluated based on standards and requirements published in the Funding Process. (2) All HSC Funding approvals are considered conditional. (3) HSC may conditionally approve maximum subsidy amounts, early project parameters, and project restrictions. (a) Applicants may alter project plans for projects conditionally approved by HSC if the changes are immaterial and do not fundamentally alter the project scope or intent. (b) Applicants may not alter project plans for projects conditionally approved by HSC if the changes are material and fundamentally alter the project scope or intent. If an Applicant seeks to make such changes, the project must return to HSC for approval of the changes prior to Applicant implementing the change(s). Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0045 Protests and Judicial Review of Funding Decisions (1) An Applicant may protest the Funding offered to a project, or the intent to award Funding, whichever occurs first, if the following conditions are satisfied: (a) The Applicant is adversely affected because the Applicant would be eligible to be awarded Funding in the event that the protest was successful; and (b) The reason for the protest is that: (A) OHCS has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the Funding Process; (B) OHCS has abused its discretion in rejecting the protestor’s application; or (C) OHCS’ evaluation of applications or OHCS’ subsequent determination of Funding is in violation of law. (2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS’ grant award decision. (3) Unless otherwise specified in the Funding Process, an Applicant must deliver a written protest to OHCS within 7 calendar days after the Applicant has been notified of the Funding decision. (4) An Applicant’s written protest must specify the grounds for the protest to be considered by OHCS. (5) OHCS will not consider an Applicant’s grant award protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding Process. OHCS will issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either award Funding to the successful protestor or cancel the Funding Process. Cancellation of a Funding Process will not affect OHCS Funding decisions that were made prior to OHCS’ receipt of a protest. (6) If the protest is mailed, the envelope containing the request for review must: (a) Be marked PROTEST; (b) Identify the project or prospective applicant name; (c) Be addressed to the ARH Applications Team as recipient of the protest; (d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301 (7) If the protest is electronically mailed, the electronic mail must: (a) Be marked PROTEST in the subject line; (b) Identify the project or prospective applicant name in the subject line; (c) Be addressed electronically (8) Judicial review of OHCS’ decision relating to a grant award protest shall be in accordance with ORS 183.480. Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0050 Protests and Judicial Review of Enforcement Action (1) An Applicant may protest an OHCS enforcement action if the following conditions are satisfied: (a) OHCS has abused its discretion in initiating an enforcement action; or (b) OHCS’ enforcement is in violation of law. (2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS’ enforcement action. (3) Unless otherwise specified in the Funding agreement, an Applicant must deliver a written protest to OHCS within 7 calendar days after OHCS notified an Applicant or a prospective Applicant of its planned enforcement action. (4) An Applicant or prospective Applicant written protest must specify the grounds for the protest to be considered by OHCS. (5) OHCS will not consider an Applicant enforcement action protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding agreement. OHCS will issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either modify or cancel the enforcement action. (6) If the protest is mailed, the envelope containing the request for review must: (a) Be marked PROTEST; (b) Identify the project or prospective applicant name; (c) Be addressed to the ARH Applications Team as recipient of the protest; (d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301 (7) If the protest is electronically mailed, the electronic mail must: (a) Be marked PROTEST in the subject line; (b) Identify the project or prospective applicant name in the subject line; (c) Be addressed electronically (8) Judicial review of OHCS’ decision relating to an enforcement action protest shall be in accordance with ORS 183.480. Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024
813-002-0055 Fees and Charges (1) ARH may require the payment of fees and charges as it determines appropriate with respect to the administration of its housing programs and the ORCA or other Funding process requirements. These fees and charges may include, but are not limited to: (a) The Funding Process application, award, documentation and use of department ARH Funding assistance. (b) Ongoing compliance monitoring and enforcement of financial, affordability, and habitability requirements. (c) Transfers, subordinate liens, and encumbrances. (2) At its sole discretion, with reasonable justification and authority and under unique circumstances, ARH may reduce certain established fees and charges. Statutory/Other Authority: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740 History: OHCS 37-2024, adopt filed 09/26/2024, effective 10/01/2024 OHCS 13-2024, temporary adopt filed 05/29/2024, effective 05/29/2024 through 11/24/2024