justicedao/ipfs_state_laws huggingface dataset:
813-201-0170 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. 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 COV-OEAP 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 timeframe 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 COV-OEAP 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 COV-OEAP requirements, at law or otherwise. 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
813-201-0180 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing COV-OEAP services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-201-0190). 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 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
813-201-0190 Temporarily suspended until 03/29/2026. This rule language is not currently in effect. Administrative Review by Subgrantee (1) Subgrantees must establish in writing a process satisfactory to OHCS that enables all potentially eligible households, having received COV-OEAP 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 813-201-0180). (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 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
813-202-0000 Purpose and Objectives OAR chapter 813, division 202 provides specific guidance pursuant to ORS 458.505 to 458.545, specifically ORS 458.505 to 458.515. These statutes designate Oregon Housing and Community Services (OHCS) as the state agency responsible for administering state and federal antipoverty programs in Oregon, including the Oregon Energy Assistance Program (OEAP). The purpose of the OEAP is to assist low-income households with their electric bills through payment assistance and energy education. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 757.612 History: OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 13-2015, f. & cert. ef. 8-25-15
813-202-0005 Definitions Terms used throughout OAR chapter 813, division 202 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 supply shortages, loss of household heating or cooling or other situations approved by OHCS as described in the program requirements. (2) "Electric utility" means a person, entity or company who provides electricity to a dwelling continuously via wire. (3) "Energy assistance payment" means a payment made under OEAP to or on behalf of an eligible household for the specific purposes of paying for program services as described in OAR 813-202-0030. (4) "Energy burden" means the percentage of household income that goes towards electricity costs. (5) "Household" means any individual living alone, a family with or without children or a group of individuals who are living together as one economic unit and purchase residential electricity in common. (6) "Household income" means the total annual 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 60% of the state median income. (8) "Program" or "OEAP" means the Oregon Energy Assistance Program administered by OHCS pursuant to this division and other applicable law. (9) "Program manual" or "Manual" means the LIHEAP and OEAP Intake Operations Manual, as described in OAR 813-202-0007. (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 813-202-0030 or allowed thereunder. (12) "Utility service territory" means the geographic area in Oregon within which an identified electric utility provides electricity service. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 757.612 History: OHCS 8-2020, amend filed 05/07/2020, effective 05/07/2020 OHCS 7-2020, temporary suspends temporary OHCS 42-2019, filed 05/06/2020, effective 05/06/2020 through 06/27/2020 OHCS 5-2020, temporary amend filed 03/20/2020, effective 03/20/2020 through 06/27/2020 OHCS 43-2019, temporary amend filed 12/31/2019, effective 12/31/2019 through 06/27/2020 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
813-202-0007 Temporary rule language in effect until 03/29/2026. Manuals The LIHEAP & OEAP Intake Operations and Policy Manual (program manual) with the requirements and standards therein, dated October 1, 2025, 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: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 757.698 History: OHCS 44-2025, temporary amend filed 10/09/2025, effective 10/09/2025 through 03/29/2026 OHCS 41-2025, temporary amend 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, amend filed 04/20/2022, effective 04/20/2022 OHCS 4-2022, temporary amend filed 02/24/2022, effective 03/01/2022 through 08/27/2022 OHCS 11-2021, amend filed 11/17/2021, effective 11/17/2021 OHCS 9-2021, temporary amend filed 09/24/2021, effective 10/01/2021 through 11/28/2021 OHCS 5-2021, temporary amend filed 06/02/2021, effective 06/02/2021 through 11/28/2021 OHCS 19-2020, amend filed 09/29/2020, effective 10/01/2020 OHCS 9-2020, temporary amend filed 05/07/2020, effective 05/07/2020 through 11/02/2020 OHCS 8-2020, adopt filed 05/07/2020, effective 05/07/2020
813-202-0010 Administration (1) OHCS may contract with subgrantees to provide program services (see OAR 813-202-0030) 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, the CAA has the conditional right of first refusal to serve as the subgrantee for the given service area. (2) OHCS will allocate 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 program services in the subgrantee’s service area. (4) Subgrantees shall, at a minimum, identify potential households, collect and screen applications, verify household eligibility, and contract with and monitor electric 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 OEAP-related training made available or conducted by OHCS. (6) A designated portion of 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 458.505 & 757.612 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
813-202-0020 Household Eligibility (1) Program services will be available to households that are determined to be eligible in compliance with OEAP program requirements. Baseline eligibility requirements include, but are not limited to: (a) Meeting income thresholds for OEAP; and (b) Having a demonstrated energy 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 in similar circumstances must receive similar benefits to the extent of OEAP funding. (5) Households living in an institution is not eligible to receive program services. Institutions may include, but are not limited to, hospitals, license 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 458.505 & 757.612 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 Reverted to OHCS 6-2003, f. & cert. ef. 5-15-03 OHCS 3-2005(Temp), f. & cert. ef. 11-9-05 thru 5-8-06 OHCS 6-2003, f. & cert. ef. 5-15-03
813-202-0030 Use of Funds (1) Use of OEAP funds must be in compliance with OEAP program requirements for eligible households. Priority assistance must be given to eligible households in present danger of having their electricity service disconnected. (2) To the extent of available funding, program services include providing the following for eligible households: (a) Energy assistance payments; (b) Crisis payments; and (c) Energy education. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 458.505 & 757.612 History: OHCS 28-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 13-2015, f. & cert. ef. 8-25-15 OHCS 18-2014(Temp), f. & cert. ef. 2-10-014 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
813-202-0050 Coordination with Electric Utilities (1) Subgrantees must execute a contract with an electric utility in order for the electric utility to receive an energy assistance payment under 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 456.555 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
813-202-0052 Application for Funding; Funding Agreement (1) Prior to providing any OEAP program services using OHCS funding, 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 OEAP program funding. 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 Community Action Agency (CAA) has the conditional right of first refusal for antipoverty program administration, and the CAA cannot meet the requirements listed in subsection (2) above, OHCS, in its sole discretion, may allow other eligible organizations to submit an application for funding with respect to that service area. (4) OHCS will evaluate all applications for funding for OEAP 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 OEAP program requirements and any other standards, goals, and requirements established by OHCS 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
813-202-0054 Recordkeeping and Compliance Monitoring (1) Subgrantees and their subrecipients must maintain accurate financial records satisfactory to OHCS and consistent with OEAP program requirements, which document the receipt and disbursement of all 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 OEAP records satisfactory to OHCS and consistent with OEAP 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 OEAP program requirements and as requested by OHCS. (4) To ensure proper compliance and monitoring of 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 or hardcopy books, accounts, documents, and records and allow reasonable access to the project and other property pertaining to 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 OEAP records and data according to OEAP program requirements. (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 OEAP 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 OEAP 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 28-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 13-2015, f. & cert. ef. 8-25-15
813-202-0056 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 OEAP 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 OEAP 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 OEAP program requirements, at law or otherwise. 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
813-202-0058 Challenge of Subgrantee Action (1) Any household aggrieved by a subgrantee administering or providing OEAP program services may challenge the subgrantee's action by entering the subgrantee's administrative review process (see OAR 813-202-0060). 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 28-2019, amend filed 10/28/2019, effective 10/28/2019 OHCS 13-2015, f. & cert. ef. 8-25-15