justicedao/ipfs_state_laws huggingface dataset:
813-200-0075 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with LIHEAP program requirements, which document the receipt and disbursement of all LIHEAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the energy assistance database, OPUS, for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other LIHEAP records satisfactory to OHCS and consistent with LIHEAP 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 LIHEAP program requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of LIHEAP, 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 LIHEAP, 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 LIHEAP records and data according to LIHEAP 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 LIHEAP 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 LIHEAP program 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: ORS 458.505, 458.620 & 458.650 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15
813-200-0080 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 LIHEAP 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 disappproval 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 LIHEAP 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 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 LIHEAP program requirements, at law or otherwise. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15
813-200-0085 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing LIHEAP program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-200-0090). 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: ORS 458.505, 458.620 & 458.650 History: OHCS 29-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 12-2015, f. & cert. ef. 8-25-15
813-200-0090 Administrative Review By Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received LIHEAP 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 813-200-0085). (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 29-2019, amend filed 10/28/2019, effective 10/28/2019 Renumbered from 813-200-0060, OHCS 12-2015, f. & cert. ef. 8-25-15 OHCS 19-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14 OHCS 5-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14 OHCS 5-2003, f. & cert. ef. 5-15-03 OHCS 15-2002(Temp), f. & cert. ef. 11-20-02 thru 5-17-03 HSG 2-1993, f. & cert. ef. 4-2-93 HSG 8-1992, f. & cert. ef. 7-29-92, Renumbered from 410-050-0030 HR 1-1982, f. & cert. ef. 1-11-82
813-201-0100 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Purpose and Objectives OAR chapter 813, division 201 provides specific guidance for the allocation and distribution of funds received through Legislature for the COVID Energy Assistance Program (COV-OEAP). Oregon Housing and Community Services (OHCS) has been assigned as the agency responsible for administering this program through a process similar to that with the Low Income Home Energy Assistance Program (LIHEAP) and the Oregon Energy Assistance Program (OEAP), identified in OAR chapter 813, divisions 200 and 202, respectively. The purpose of the COV-OEAP is to assist households who have experienced a loss of income due to COVID-19. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0105 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Definitions Terms used throughout OAR chapter 813, division 201 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) "Energy assistance payment" means a payment made under COV-OEAP to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-201-0130. (2) “Express enrollment” means if an applicant household includes one person enrolled in one of the specified programs, and provides documentation of their current enrollment in said program, the household will be eligible for this energy assistance program. (3) "Home energy" means the electricity or natural gas used to power the household's primary source of heating or cooling equipment. (4) "Home energy supplier" means any electric or natural gas utility. (5) "Household" means any individual residing alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase residential energy in common. (6) "Household income" means the total household income before taxes from all sources. Specific sources and deductions are outlined in the program manual. (7) "Low-income household" means a household with income that is at or below 80% of the area median income. (8) "Program" or "COV-OEAP" means the COVID Energy Assistance Program funds, administered by OHCS pursuant to this division and other applicable law. (9) "Program manual" or "Manual" means the LIHEAP & OEAP Intake Operations Manual, as described in OAR 813-201-0108. (10) "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. (11) "Program services" means the services that may be provided to eligible households as described in OAR 813-201-0130 or allowed thereunder. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0108 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Manuals For reference to operations and eligibility determination, COV-OEAP operates under the same guidelines as those outlined in OAR chapter 813, division 200, for Low Income Home Energy Assistance Program (LIHEAP). The LIHEAP & OEAP Intake Operations Manual (program manual) with the requirements and standards therein, dated October 1, 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. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.698 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 18-2025, amend filed 04/02/2025, effective 04/02/2025 OHCS 41-2024, temporary amend filed 10/02/2024, effective 10/02/2024 through 03/30/2025 OHCS 38-2024, amend filed 09/27/2024, effective 10/01/2024 OHCS 24-2023, amend filed 09/21/2023, effective 10/01/2023 OHCS 23-2022, amend filed 09/29/2022, effective 10/01/2022 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0110 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Administration (1) OHCS may contract with subgrantees to provide eligible program services (see OAR 813-201-0130) in service areas in such manner to provide holistic coverage statewide without duplication or overlap of services. In a service area where a Community Action Agency (CAA) exists, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area. (2) OHCS will allocate COV-OEAP funds to all subgrantees through a formula established by OHCS prior to the allocation process. OHCS reserves the right to modify such formula at any time in its sole discretion. (3) A subgrantee may establish subrecipients that meet the requirements of ORS 458.505(4) to provide eligible program services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, identify potential eligible households, collect and screen applications, verify household eligibility, and contract with and monitor local home energy suppliers to determine that the eligible households are receiving their awarded program services. Whenever appropriate, subgrantees may assist eligible households in accessing other services designed to stabilize housing. (5) Subgrantee representatives must attend and participate in COV-OEAP-related training made available or conducted by OHCS. (6) A designated portion of COV-OEAP 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 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0120 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Household Eligibility (1) Application for program services must be made available to households that are determined to be eligible in compliance with these administrative rules and the program manual. Baseline eligibility requirements include, but are not limited to: (a) Meeting income thresholds for COV-OEAP; and (b) Experiencing impacts due to preventing, preparing for, or responding to COVID-19. (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. OHCS reserves the right to allow exceptions to this timeframe if the household qualifies for express enrollment outlined in (3)(f), (3)(g) or (3)(k) below. (3) In addition to those methods and documentation used to determine eligibility for an energy assistance payment through COV-OEAP as identified in the program manual, a household may qualify for express enrollment. Qualifying documentation is determined by OHCS. Programs that qualify for this determination include: (a) Low Income Home Energy Assistance Program (LIHEAP); (b) Oregon Energy Assistance Program (OEAP); (c) Women, Infants and Children (WIC); (d) Supplemental Security Income (SSI); (e) Supplemental Nutrition Assistance Program/SNAP (Food Stamps); (f) Medicaid/Oregon Health Plan; (g) Temporary Assistance for Needy Families (TANF) or Tribal TANF; and (h) Federal Low Income Weatherization Assistance Program (USDOE). (4) An eligible household must receive assistance from the subgrantee in the service area in which the household’s dwelling is located. (5) Households in similar circumstances must receive similar benefits to the extent of COV-OEAP funding. (6) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, licensed domiciliary care facilities, intermediate care facilities, skilled nursing facilities or homes, alcohol and drug rehabilitation centers or treatment programs, dormitories, fraternities, sororities, and temporary protective facilities such as domestic violence shelters and homeless shelters. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0130 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Use of Funds (1) Use of COV-OEAP funds must be in compliance with COV-OEAP requirements for eligible households. (2) To the extent of available funding, program services includes providing energy assistance payments to eligible households. (3) The awarded amount of an energy assistance payment per qualifying household using COV-OEAP funds will follow a payment minimum and maximum, separate from that of the program manual, as determined by OHCS. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0140 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Coordination with Home Energy Suppliers (1) Subgrantees must execute a new or existing contract with a home energy supplier in order for the home energy supplier to receive an energy assistance payment under COV-OEAP. (2) Subgrantees must use a contract template provided or approved by OHCS in fulfillment of its obligation under subsection (1) above. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0150 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Application for Funding; Funding Agreement OHCS will provide funding for the COV-OEAP to the subgrantees through the existing funding agreements in place for the other energy assistance programs (i.e. LIHEAP and OEAP). Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022
813-201-0160 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with COV-OEAP requirements, which document the receipt and disbursement of all COV-OEAP funds by OHCS. Subgrantees must have an accounting system in place satisfactory to OHCS, and implement the energy assistance database, OPUS, for data and fiscal entry. (2) Subgrantees and their subrecipients must maintain other COV-OEAP records satisfactory to OHCS and consistent with COV-OEAP 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 COV-OEAP requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of COV-OEAP, 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 COV-OEAP, 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 COV-OEAP records and data according to COV-OEAP 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 COV-OEAP 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 COV-OEAP 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: ORS 456.587, 458.505 & 757.612 History: OHCS 41-2025, temporary suspend filed 09/26/2025, effective 10/01/2025 through 03/29/2026 OHCS 10-2022, adopt filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary adopt filed 02/24/2022, effective 03/01/2022 through 08/27/2022