reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0000 - Policies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) These Rules simplify, clarify and
			 modernize Public Contracting pursuant to ORS 279A.015(1).
(2) These Rules provide a foundation for
			 ethical and fair dealing in Public Contracting, designed to instill public
			 confidence pursuant to ORS 279A.015(2).
(3) The promotion of efficient use of
			 resources pursuant to ORS 279A.015(3) includes but is not limited to
			 Sustainability. Pursuant to ORS 184.421, "Sustainability" means using,
			 developing and protecting resources in a manner that enables people to meet
			 current needs and provides that future generations can also meet future needs,
			 from the joint perspective of environmental, economic and community objectives.
			 ORS 184.421(1) sets forth the goals for the State of Oregon regarding
			 Sustainability and provides that in conducting internal operations the
			 Department must seek to achieve the following objectives:
(a) Department purchases should be made so as
			 to serve the broad, long term financial interests of Oregonians, including
			 ensuring that environmental, economic and societal improvements are made so as
			 to enhance environmental, economic and societal well-being;
(b) Investments in facilities, equipment and
			 durable goods should reflect the highest feasible efficiency and lowest life
			 cycle costs;
(c) Investments and
			 expenditures should help promote improvements in the efficient use of energy,
			 water and resources;
(d) Department
			 operations and purchases should help maintain vital and active downtown and
			 main street communities;
(e)
			 Department purchases should help support opportunities for economically
			 distressed communities and historically underemployed people;
(f) Department operations should be conducted
			 in ways that significantly increase the efficient use of energy, water and
			 resources;
(g) Department
			 operations and purchases should reflect the efficient use and reuse of
			 resources and reduction of contaminants released into the
			 environment.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0010 - Delegation of Authority

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
(a) Purpose. This rule delegates the
			 procurement Authority of the Department (Authority). Only this rule delegates
			 this Authority.
(b) Authority of
			 the Department. The Department is specifically authorized by ORS 279A.050 to
			 enter into a contract.
(c)
			 Authority of the Director. According to ORS 279A.140, the Department must
			 conduct all Procurements, including Contract Administration, for the Department
			 pursuant to its Authority under ORS 279A.050. Other Sections of the Code
			 authorize specific actions by the Director of the Department. According to ORS
			 279A.050(1) and (2), this Authority of the Department vests only in the
			 Director of the Department. The Director is ultimately responsible for the
			 Procurement of the Department.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0100 - Electronic Procurement System (OregonBuys)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The Electronic Procurement System, known as OregonBuys, an Internet-based,
			 on-line system, is the official publication forum for state Procurement notices
			 and advertisements, as functionality allows, by the Department.
(2) The Department must use OregonBuys or
			 other Electronic Procurement System approved by the Designated Procurement
			 Director to comply with the reporting requirements for:
(a) Agreements under ORS 190 in accordance
			 with OAR 414-070-0330; and
(b)
			 Special Procurements in accordance with 137-047-0285 (12).
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0200 - Buy Decision and Methods of Source Selection

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Buy Decision. The Buy Decision means the decision to buy Supplies and Services
			 through socio-economic programs, agreements, or the open market (Source). The
			 Department is not required to make a Buy Decision based on the lowest price.
			 See the specific law for the Authority to use each Source.
(2) Priority. The Department must make their
			 Buy Decision in the priority order set forth in subsections (a) through (d) and
			 in accordance with applicable law (Priority). If a higher Priority Source
			 satisfies a Procurement and law requires the use of that Source, the Department
			 must procure through that higher Priority Source and may not elect to procure
			 through a lower Priority Source.
(a) Oregon
			 Forward Contractors (OFCs) (formerly known as Qualified Rehabilitation
			 Facilities (QRFs). Procuring from OFCs assists individuals with disabilities
			 through gainful employment (see ORS 279.835 through 279.855 and OAR
			 125-055-0005  through 125-055-0045).
(b) Inmate Labor. See the Oregon
			 Constitution, Article I, Section 41, subsection 11, which encourages the use of
			 inmate work programs.
(c) Statewide
			 Department of Administrative Services Price Agreement. Economy and efficiency
			 are promoted through volume and strategic purchases. To determine if a Price
			 Agreement exists and whether it is mandatory, use OregonBuys or other
			 Electronic Procurement System approved by the State Chief Procurement Officer
			 and perform a "Statewide Contract Search" or an "Award Search" for "active"
			 Contracts. Under ORS 279A.140, DAS has the procurement Authority to establish
			 and administer statewide Price Agreements, and in accordance with the terms of
			 each Price Agreement, DAS delegates to the Department the Authority to use
			 these Statewide Department Price Agreements. A statewide Price Agreement should
			 clearly state what, if any, threshold limitation applies to the delegated
			 Authority to use the Price Agreement. If a statewide Price Agreement is silent
			 or unclear on the threshold limitation on the delegated Authority to use the
			 Price Agreement, the Department's delegated Authority to use the Price
			 Agreement is not to exceed $250,000.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0300 - Contract Administration; General Provisions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Authority. Procurements include Contract
			 Administration. The Authority for the Department to conduct Contract
			 Administration is found in OAR 414-070-0010 and is subject to the requirements
			 of ORS 279A.159 and OAR 414-070-0005.
(2) Contract Administrator. The Department
			 must appoint, in Writing, a Contract Administrator to represent the Department
			 for each Contract. The Contract Administrator may delegate in Writing a portion
			 of the Contract Administrator's responsibilities to a technical representative
			 for specific day-to-day administrative activities for each Contract.
Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.050,
				  ORS 279A.070, ORS 279A.065(5) & ORS
				  279A.159
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0310 - Procurement Files

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application.
			 This rule applies to Procurement Files.
(2) Required Documentation. All Procurement
			 Files must contain:
(a) All Written documents
			 delivered to an Agency from the Department, whether the documents relate to
			 approvals, revocations, orders, modifications, or other actions (Actions),
			 related to the documents' subject matter and Action;
(b) An executed Contract, if awarded, and any
			 Ordering Instruments and Amendments (collectively, Contract);
(c) The record of the actions used to develop
			 and administer the Contract;
(d) A
			 copy of the Solicitation, if any;
(e) The Contract Administrator and any
			 delegates;
(f) Any required
			 findings or statement of justification for the selection of the Provider and
			 sourcing method according to ORS 279A.200 through 279A.220 (Cooperative
			 Procurement); 279B.055 through 085 (seven methods for Supplies and Services);
			 279C.100 through 279C.125 (Architectural, Engineering, Photogrammetric Mapping,
			 Transportation Planning or Land Surveying Services or Related Services); or ORS
			 279C.300 through 279C.450 (Public Improvements);
(g) Documentation of Contract Administration
			 according to OAR 414-070-0300 and if required by the selected procurement
			 method:
(A) A list of prospective Providers
			 notified of any Solicitation;
(B)
			 The method used to advertise or notify prospective Providers;
(C) A copy of each Offer that resulted in the
			 Award of a Contract;
(D) The record
			 of any Negotiation of the Statement of Work and results;
(E) All information describing how the
			 Provider was selected, including the method and basis for awarding the
			 Contract;
(F) A copy of the Request
			 for Special Procurement, if any;
(G) Documentation related to Cooperative
			 Procurements according to OAR 137-027-0290.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0320 - Reinstatement of Expired Contract; Retroactive Approval of Existing Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Application. This rule applies to the
			 reinstatement of expired or terminated Contracts (expired Contracts) and the
			 retroactive approval of existing Contracts procured by the Department for
			 Supplies and Services and for Architectural, Engineering and Land Surveying
			 Services or Related Services ("Contracts"). This rule does not apply to
			 mistakes that may occur in the solicitation process (see OAR
			 137-047-0470).
(2) Requirements to
			 Reinstate an Expired Contract.
(a) Before
			 expiration, the Contract was properly signed by all parties;
(b) Then the signed Contract
			 expired;
(c) The Department
			 reinstates the Contract:
(A) To fulfill its
			 term, up to the maximum time period provided in the Contract or Solicitation;
			 or
(B) To complete one or more
			 deliverable(s) included within the Contract's Scope at the time of its
			 expiration;
(d) The
			 Department documents in the Procurement File the deliverable(s) to be completed
			 at the time of the expired Contract's reinstatement; and
(e) If the Contractor has performed work
			 under the Contract, the reinstatement does not apply to payments made for work
			 performed between the expiration of the Contract and the date of any
			 reinstatement.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0330 - ORS 190 Agreements (Intergovernmental)

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Reporting 190 Agreements through OregonBuys. If the Department enters into an
			 agreement under ORS 190.110, 190.420 or 190.485, or an agreement under ORS
			 190.112 or under ORS 660.342, the Department must submit a summary of the
			 agreement through OregonBuys or other Electronic Procurement System approved by
			 the State Chief Procurement Officer within the 30-day period immediately
			 following the effective date of the agreement. The summary must include the
			 following information:
(a) Names of the
			 parties to the agreement;
(b) Date
			 of the agreement;
(c) Subject
			 matter of the agreement; and
(d)
			 The Department through which a person may obtain a copy of the
			 agreement.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0340 - Sole-Source Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Generally.
			 The Department may award a Contract without a competitive process through a
			 Sole-Source Procurement according to the requirements of ORS 279B.075 and this
			 rule. The Department must make a determination of a sole source based upon
			 Written findings of fact that the Supplies and Services are available from only
			 one source.
(2) Findings of Fact.
			 Findings of fact required under OAR 414-070-0340(1) may include:
(a) Compatibility. The efficient utilization
			 of existing Supplies and Services requires the acquisition of compatible
			 Supplies and Services from only one source. For example, compatibility may be
			 implicated when: Supplies are required to directly interface with or attach to
			 equipment of the same manufacturer and no other manufacturer's Supplies will
			 correctly interface with existing equipment; or when Services such as
			 maintenance, warranty, project management, or systems integration are required
			 to interface or integrate with existing Supplies and Services.
(b) Exchange of Software or Data. Specific
			 Supplies and Services, which are available from only one source, may be
			 required for the exchange of software or data with other public or private
			 agencies. This finding may be particularly applicable when the Supplies and
			 Services involve assets such as copyrights, patents, trademarks, and trade
			 secrets.
(c) Pilot or Experimental
			 Project. Supplies and Services are for the use in such projects, which may
			 include but are not limited to research and economic development
			 projects.
(d) Other findings that
			 support the conclusion that Supplies and Services are available from only one
			 source may include but are not limited to considerations of: unique design,
			 availability, geographic location, exclusive authorized representative, cost of
			 conversion, and warranty services.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0350 - Brand Name or Equal Specification

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Applicability and Use. This rule applies to Specifications for a Solicitation
			 or class of Solicitations. For a Solicitation or class of Solicitations under
			 ORS 279B.060, 279B.065, 279B.070, 279B.085, or 279A.200-279A.225, as provided
			 in 279B.215:
(a) A brand name or equal
			 Specification may be used when the use of a brand name or equal Specification
			 is advantageous to the Department, because the brand name describes the
			 standard of quality, performance, functionality and other characteristics of
			 the product needed by the Department.
(b) The Department is entitled to determine
			 what constitutes a product that is equal or superior to the product specified,
			 and any such determination is final.
(c) Nothing in this Subsection may be
			 construed as prohibiting the Department from specifying one or more comparable
			 products as examples of the quality, performance, functionality or other
			 characteristics of the product needed by the Department.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0360 - Fragmentation

Current through Register Vol. 63, No. 7, July 1, 2024
A Procurement may not be artificially divided or fragmented so
				as to constitute a Small Procurement, pursuant to ORS 279B.065, or an
				Intermediate Procurement, pursuant to ORS 279B.070.
Statutory/Other Authority: ORS 279A.065(5)(a) & ORS
				  279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015  & ORS & 279B.065
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0370 - Selling or Leasing Supplies and Services; Policy; Applicability; Methods

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy. A sound and responsive Public
			 Contracting system, according to ORS 279A.015, may include purchasing, selling,
			 and leasing activities. By definition, a Public Contract includes sales and
			 leases by the Department according to ORS 279A.010(1)(z). The policies of ORS
			 279A.015 apply to public selling and leasing activities.
(2) Applicability. This rule applies to the
			 sales and leases of Supplies and Services. This rule does not apply to
			 residential property or the public selling activity of the Department, if the
			 Department is specifically exempted from the Public Contracting Code by another
			 provision of law or specifically authorized to conduct public selling or
			 leasing activity by another provision of law. The sale or lease of Supplies and
			 Services includes but is not limited to: concessions, software rights, and
			 personal property.
(3) Methods. The
			 Department must use a method, as feasible for selling or leasing, according to
			 ORS 279B.055 through 279B.085. For the sale of Goods, the value of the sale
			 transactions for the purpose of selecting the appropriate sourcing method must
			 be based on the gross amount of receipts.
Statutory/Other Authority: ORS 279A.065(5)(a) & ORS
				  279A.070
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS
				  279A.010(x), ORS 279A.070, ORS 279A.050(1)(2 & ORS
				  279A.015
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0380 - Feasibility Determination, Cost Analysis and Department Report

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Table of Contents for this rule is as
			 follows:
(a) Section 2: Generally
(b) Section 3: Feasibility
			 Determination
(c) Section 4: Cost
			 Analysis: Estimation of Department and Contractor Data
(d) Section 5: Decision: Comparison of
			 Compensation and Other Costs
(e)
			 Section 6: Decision: Comparison of Department and Contracting Costs
(f) Section 7: Department Evaluation and
			 Report
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0390 - Practices Regarding Electronic Goods Procurement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ORS 279B.025 requires the Department to
			 establish procurement practices that ensure, to the maximum extent economically
			 feasible, Procurement of Goods that may be recycled or reused when
			 discarded.
(2) The Department must
			 procure Electronic Goods in a manner that includes consideration of the impact
			 of the electronic goods upon the environment and public health, in addition to
			 consideration of economic and community interests, in accordance with goals of
			 Sustainability pursuant to ORS 184.423. The Department may consult with
			 stakeholders to develop procedures or guidelines for the Procurement of
			 Electronic Goods.
Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279B.025,
				  ORS 279A.070 & ORS 279B.280
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0400 - Life Cycle Costing

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Policy.
(a) Analysis. Life Cycle Costing provides a
			 method of analysis, considering Sustainability and analyzing total cost of
			 ownership as part of the best value of the purchased Goods (Products). The
			 method applies to the development of Life Cycle Costing criteria for a
			 Solicitation, collection of Product information about Life Cycle, evaluation of
			 Offers, selection of Contractor(s), and award of Contract(s). Using this
			 method, the Department does not award a Contract based solely on the lowest
			 price, and a low Bid would include Life Cycle Costing.
(b) Planning. The Department must consider
			 using Life Cycle Costing during planning for Competitive Sealed Bidding or
			 Proposals. Life Cycle Costing is optional for other sourcing methods under this
			 Division 247.
(c) Services Related
			 to the Product. The Department may also consider the costs of Services related
			 to a Product, including other Sustainability criteria.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0410 - Approval of Information Technology or Telecommunications Procurements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) For any Procurement of Information
			 Technology or Telecommunications with an anticipated Contract Price of
			 $1,000,000.00 or more, the Department must obtain prior Written approval from
			 the State Chief Information Officer. In addition, and regardless of the
			 anticipated Contract Price the Department must obtain any review or approval
			 the State Chief Information Officer may require in accordance with ORS 184.477,
			 279A.050, 279A.075, and 279B.075 (HB 3099) or ORS 279B.030 (SB 1539).
(2) In accordance with OAR 414-070-0380 (7),
			 the Department conducts a cost analysis in accordance with ORS 279B.033 or
			 makes a determination under ORS 279B.036 in connection with a procurement for
			 services related to information technology must provide the State Chief
			 Information Officer and the Legislative Fiscal Office with copies of the final
			 cost analysis the Department prepared under ORS 279B.033 or the final
			 determination the Department made under ORS 279B.036. For purposes of this
			 subsection, information technology is defined in ORS 291.045(1) and includes,
			 but is not limited to, all present and future forms of hardware, software, and
			 services for data processing, office automation, and
			 telecommunications.
Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 184.477,
				  ORS 279A.070, ORS 279A.050, ORS 279A.075 & ORS
				  279B.030
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0420 - Ethics in Public Contracting; Policy

Current through Register Vol. 63, No. 7, July 1, 2024
These Rules supplement and do not replace ORS 244.010 through
				244.400, for the purpose of applying the policy of ORS 244.010 to Oregon Public
				Contracting under the Public Contracting Code and these Rules. Oregon Public
				Contracting is a public trust. The Department and Contractors involved in
				Public Contracting must safeguard this public trust.
Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015,
				  ORS 279A.070 & ORS 279A.140
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 70 - PROCUMENT RULES › Section 414-070-0430 - Specifications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department must not develop
			 Specifications that primarily benefit a Provider, directly or indirectly, to
			 the detriment of the Department or the best interest of the State.
(2) The Department must not develop
			 Specifications that inhibit or tend to discourage Public Contracting under
			 other public procurement laws or policies of the Department of Administrative
			 Services.
Statutory/Other Authority: ORS 279A.065(5)(a)
Statutes/Other Implemented: ORS 279A.065(5)(a), ORS 279A.015,
				  ORS 279A.070 & ORS 279A.140
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0000 - Applicability of Rules

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Except as
			 otherwise specified, these rules apply to all licensed, license-exempt, exempt,
			 and unlicensed child care providers and facilities including:
(a) All licensed facilities including
			 registered family child care homes, certified family child care homes,
			 certified child care centers, and certified school-aged child care
			 centers;
(b) License-exempt child
			 care and exempt care facilities that are required by statute to only employ or
			 contain individuals who are enrolled in the Central Background Registry,
			 including but not limited to, recorded programs and subsidized care
			 facilities.
(c) Exempt care
			 facilities providing or claiming to be providing care defined to not be child
			 care in ORS 329A.250(4)(b)(A) through
			 (H); and
(d) Facilities, providers, and persons
			 providing or alleged to be providing unlawful care as defined in OAR
			 414-075-0230.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0130 - Complaints and Investigations

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Unless already open regarding the same allegations, a complaint will be opened
			 based on CCLD's receipt of any of the following concerning licensed facilities,
			 recorded programs, or unlicensed facilities alleged to be providing care for
			 which a license or record is required:
(a) A
			 cross-report of child abuse or neglect from law enforcement agencies, ODHS, or
			 OTIS, including a report that was closed at screening;
(b) A report or information from or forwarded
			 by another state or local agency or governmental unit;
(c) A report or information from facility
			 staff; or
(d) Information received
			 from the general public.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0230 - Exempt Prohibition, Unlawful Care, Civil Penalties

Current through Register Vol. 63, No. 7, July 1, 2024
(1) An individual is an exempt prohibited
			 individual as a result of any of the following circumstances as provided by ORS
			 329A.252:
(a) The individual has had their
			 registration, certification, or record denied for cause or revoked for
			 cause.
(b) The individual is not
			 enrolled in the Central Background Registry because of removal for cause or
			 denial for cause.
(c) The
			 individual voluntarily surrendered their child care license or enrollment in
			 the Central Background Registry during a CCLD investigation or after CCLD has
			 given the individual notice of an administrative action against the individual
			 or the individual's facility.
(d)
			 The individual is suspended from the Central Background Registry.
(e) The individual is licensee of a license
			 that is suspended.
(f) The
			 individual has been issued a final order to cease and desist by CCLD after a
			 contested proceeding or that has become effective because the individual did
			 not request a hearing.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0250 - Operating Hours and Care Not Requiring a License

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A facility may provide care without a
			 license if the facility:
(a) Provides care in
			 the home of the child by a babysitter or other person;
(b) Is the child's parent, legal guardian or
			 custodian;
(c) Is related to the
			 child by blood or marriage within the fourth degree;
(d) Is a member of the child's extended
			 family unit, as determined by CCLD on a case-by case basis;
(e) Provides only occasional care as defined
			 in these rules;
(f) Is a provider
			 of medical services;
(g) Provides
			 care for children from only one family, in addition to any children who reside
			 with the person;
(h) Provides care
			 for three or fewer children, in addition to any children who reside with the
			 person;
(i) Provides care for
			 preschool-age children that is primarily educational for 4 hours or less per
			 day and where no preschool-age child is present at the center for more than 4
			 hours per day;
(j) Provides care
			 for school-age children that is not intended for child care purposes and is
			 primarily a single enrichment activity, such as swimming lessons, dance
			 lessons, tutoring, music lessons, sports practice, or any single class in any
			 subject, where no child attends for more than 8 hours per week;
(k) Provides group athletic or social
			 activities sponsored by or under the supervision of an organized club or hobby
			 group. This exclusion applies only to the time engaged in the group athletic or
			 social activities;
(l) Is operated
			 by a school district, charter school, political subdivision of this state, or a
			 government agency;
(m) Operates as
			 a parent cooperative for no more than 4 hours a day and:
(A) Care is provided on a rotating basis by
			 parents that are members of the cooperative; and
(B) Are overseen by a board of directors
			 responsible for developing written program policies and procedures that are
			 shared with all members.
(n) Provides care while the child's parent
			 for the child remains on the premises and is engaged in an activity on-site,
			 and:
(A) The facility informs the parent that
			 the facility's program is not licensed by the state;
(B) Activities in which the parent is engaged
			 do not include work; and
(C)
			 Caregivers are always able to contact the parent.
(o) Provide youth development activities, as
			 defined in ORS 329A.250(16),
			 to school-age children during hours that school is not in session and which
			 does not take the place of a parent's care.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 75 - GENERAL RULES FOR ALL CHILD CARE FACILITIES › Section 414-075-0300 - Union Representation in Contested Case Hearings

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A labor union representative who is not
			 an attorney holding an active license issued by the Oregon State Bar may
			 represent the following providers in a contested case hearing conducted by the
			 CCLD or the Department:
(a) The licensee
			 under a registered or certified family child care home license; or
(b) An individual who provides subsidized
			 care in the home of the individual or the home of the child that is not
			 required to be licensed.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0050 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The purpose of
			 these rules is to set forth standards to be followed when entering into
			 contracts with programs to provide child care services to Special Population
			 clients.
(2) These rules implement
			 elements of federal Child Care and Development (CCDF) State Plan for funds
			 received under the federal Child Care and Development Block Grant Act of 2014,
			 and Chapter 45, Code of Federal Regulations, Parts 98 and 99.
Publications: Publications referenced are available from the
				  agency.
Statutory/Other Authority: ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.500 & ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0055 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Administrator"
			 means the Administrator of the Child Care and Development Fund for the
			 Department.
(2) "Alcohol and Drug
			 Treatment Program" means a program that provides services to the eligible child
			 whose parent(s) is in a program for the treatment of alcohol or drug/substance
			 abuse.
(3) "CCDF" means federal
			 Child Care and Development Fund which is the federal funding awarded to the
			 Department under the Child Care and Development Block Grant.
(4) "CCDF Grant Plan" means the Oregon Plan
			 approved by the Department for child care and related programs funded by the
			 Child Care Development Block Grant.
(5) "CCR&R" means Child Care Resource and
			 Referral Agency.
(6) "Department"
			 means the Department of Early Learning and Care (DELC) which is the lead agency
			 for the Child Care and Development Fund and administers funding and contracts
			 under the federal Child Care and Development Fund.
(7) "Early Learning Hub" means the local
			 coordinating body for early learning services contracted by the
			 Department.
(8) "Employment Related
			 Day Care" means the program administered by the Department that provides child
			 care services to low-income working families.
(9) "Child Care Licensing Division" means a
			 division of the Department that regulates child care facilities and provides
			 contract administration services to low-income working families.
(10) "Parent" means parent, custodian or
			 guardian who exercises care and custody of a child.
(11) "Program" means community or
			 school-based teen parent education program, or licensed women-specific alcohol
			 and drug treatment program.
(12)
			 "Provider" means a person or program responsible for direct child care,
			 supervision of children, and guidance of children in approved child care
			 setting.
(13) "Special Needs Child"
			 means a child under the age of 18 who requires a level of care over and above
			 the norm for his/her age due to a physical, developmental, behavioral, mental
			 or medical disability.
(14)
			 "Special Populations" means families considered:
(a) To be at high risk of
			 instability;
(b) Have high needs
			 for child care services;
(c) Have
			 very low incomes; and
(d) Are not
			 eligible for child care subsidy from the Department under either the Employment
			 Related Day Care or TANF JOBS programs.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0060 - Program Administration and Funding Allocations

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department of Early Learning and Care
			 is the designated state agency responsible for administration of the Child Care
			 and Development Fund.
(2) The CCDF
			 Administrator is responsible for coordination of CCDF-funded programs in Oregon
			 and for the administration of child care services for Special Populations
			 described by these rules.
(3)
			 Federal funds for the Special Populations child care services program are
			 contracted by the CCDF Administrator to state-licensed or state-approved
			 alcohol and drug treatment programs, to school districts for school-based
			 programs, and to local non-profits or counties for community-based
			 programs.
(4) After annual federal
			 appropriations for the Child Care and Development Fund are awarded to the
			 state, the CCDF dministrator allocates funds to contractors in paragraph (3) of
			 this rule and forwards this information to the local Early Learning
			 Hubs.
(5) The Department shall have
			 final responsibility for developing a contract with recommended programs as
			 outlined in OAR 414-150-0120.
Statutory/Other Authority: ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.010 & ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0070 - Overview of and Eligibility for Special Populations Child Care Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Special
			 Populations Child Care Services Program is established for specific low-income
			 populations having demonstrable need for child care services.
(2) Special Populations eligible for services
			 include Teen Parent(s) and parent(s) receiving treatment for alcohol or drug
			 abuse.
(3) Teen Parents. To be
			 eligible for services, the Teen Parent:
(a)
			 Must be attending high school or participating in an approved high school
			 completion program sponsored by a local school district, community college,
			 community-based non-profit, or certified private school, and the parent
			 requires child care in order to attend and complete a program leading to a GED
			 or high school diploma;
(b) Must be
			 attending a school-based or approved high school completion program that meets
			 program standards approved by the Department under ORS
			 329A.500.
(c) Must enroll eligible child(ren) in child
			 care services provided by a facility certified or registered by the Child Care
			 Licensing Division (CCLD), which is located on the same campus as the teen
			 parent/child development program the teen parent is attending.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0080 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 657A
Stats. Implemented: ORS
				  657A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 657A
Stats. Implemented: ORS
				  657A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0100 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Publications: The publication(s) referred to or incorporated
				  by reference in this rule are available from the
				  agency.
Stat. Auth.: ORS 657A
Stats. Implemented: ORS
				  657A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0110 - Application for Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Families
			 that qualify under Special Populations criteria and eligibility standards of
			 this rule shall make application for child care services directly through a
			 contracting program. Application must be made on a Department approved form and
			 signed by both applying parent and program staff. In completing application,
			 the parent shall be required to declare, and provide verification as required,
			 information on:
(a) Parents and dependent
			 members of the household;
(b) U.S.
			 citizenship or legal immigration status of children who are to receive
			 subsidized child care;
(c) Place of
			 residence;
(d) Employment status of
			 parents;
(e) Participation in job
			 training, substance abuse treatment, or enrollment in school programs;
			 and
(f) Parent income.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0120 - Service Standards

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to
			 accepting a child for care under these rules, the program shall sign a contract
			 with the Department. The contract shall include, but is not limited to, the
			 following provisions:
(a) Term of the
			 contract;
(b) Description of
			 services;
(c) Facility and service
			 standards;
(d) Program
			 responsibilities;
(e) Payment for
			 services; and
(f) Compliance with
			 appropriate state and federal regulations.
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0130 - Payment for Services

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 maximum rates the Department pays for the Special Populations Child Care
			 Program are determined by the most recent Department market price survey and
			 shall be stated in the contract.
(2) Payment for child care services shall be
			 made by the Department directly to the program of behalf of the client after
			 services for the month have been rendered.
(3) To receive payment, the program shall
			 submit an invoice to the Department on a form approved by the
			 Department.
(4) The program shall
			 be responsible for collection of any copayments from the parent. Copayment will
			 be determined from the Employment Related Day Care Copayment Standard
			 established in OAR 414-175-0050.
Statutory/Other Authority: ORS
				  329A.500 & ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.500 & ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0140 - Limits on Disclosure

Current through Register Vol. 63, No. 7, July 1, 2024
(1) No
			 employee or volunteer of the Department, or other agency, may disclose
			 information about clients except as provided by Oregon Revised Statutes 192.410
			 to 192.505, or at the direction of a court of competent jurisdiction, or upon
			 advice of the Attorney General.
(2)
			 The Department may disclose information in order to administer its programs and
			 provide services when it is in the best interest of the applicant's family,
			 unless specifically forbidden by statutes, these rules or by court order.
			 Reasons for disclosure include, but are not limited to, providing information
			 to a social service agency, or service provider for the purpose of arranging
			 appropriate child care services for the applicant's family.
Statutory/Other Authority: ORS
				  329A.500 & ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0150 - Exception

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Specific
			 exception to any section of these rules may be granted for good and just cause
			 by the Department.
(2) The
			 exception must be requested in writing to the Department and show how the
			 intent of the rule(s) will be met. All exceptions will remain on
			 file.
(3) No exception will be
			 granted which may jeopardize the health, safety, and well-being of any child in
			 care.
(4) The granting of an
			 exception shall not constitute a precedent for any other care provider or
			 client family.
Statutory/Other Authority: ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.500 & ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0160 - Parent Complaints

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All
			 Contractors for the Special Populations child care services program shall
			 establish a process through which families may present a grievance or complaint
			 regarding child care services.
(2)
			 Records of all complaints shall be maintained and the Department must be
			 notified in writing of all grievance and complaints within ten (10) working
			 days of receipt.
Statutory/Other Authority: ORS
				  329A.500 & ORS
				  329A.010
Statutes/Other Implemented: ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 150 - CHILD CARE PROGRAM FOR TARGETED POPULATIONS UNDER THE CHILD CARE DEVELOPMENT BLOCK GRANT › Section 414-150-0170 - Mandatory Reporter

Current through Register Vol. 63, No. 7, July 1, 2024
As required by Oregon Revised Statues (ORS)
				419B.005 through
				419B.050, contractor must
				immediately inform either the local office of the Department of Human Services
				or a law enforcement agency when they have reasonable cause to believe any
				child with whom the contractor comes in contact has suffered abuse, or any
				person with whom the contractor comes in contact has abused a child. Oregon Law
				recognizes child abuse to be physical injury; neglect or maltreatment; sexual
				abuse and sexual exploitation; threat of harm; mental injury; and child
				selling. Report must be made immediately upon awareness of the
				incident.
Stat. Auth: ORS 329A
Stat. Implemented: ORS
				  329A.010
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0001 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Under ORS
			 329A.500, the Department of
			 Early Learning and Care has authority for the ERDC program.
(2) The purpose of division 175 rules is to
			 establish eligibility criteria for the Employment Related Day Care (ERDC)
			 program, which makes child care assistance available to eligible families. The
			 rules also prescribe provider requirements and set forth the conditions to
			 receive payment for providing child care to eligible families.
(3) Pursuant to ORS
			 327.274, the Department of Early
			 Learning and Care may delegate by interagency agreement duties, functions or
			 powers of the ERDC program to the Director of the Oregon Department of Human
			 Services. These rules apply to the administration of the Department of Early
			 Learning and Care, including as delegated to the Oregon Department of Human
			 Services.
Statutory/Other Authority: ORS
				  329A.500 & ORS
				  327.274
Statutes/Other Implemented: ORS
				  329A.500
Oregon Administrative Rules › Chapter 414 - DEPARTMENT OF EARLY LEARNING AND CARE › Division 175 - EMPLOYMENT RELATED DAY CARE PROGRAM › Section 414-175-0002 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The following definitions apply to division 175, unless the
				context indicates otherwise:
(1)
			 "Adjusted income" means the amount determined by subtracting income deductions
			 from countable income.
(2) "Assets"
			 mean income and resources.
(3)
			 "Authorized representative" means an individual aged 18 years or older or an
			 organization permitted by these rules to act on behalf of an applicant or
			 beneficiary in assisting the applicant or beneficiary with their application,
			 renewal of eligibility, and other on-going communications with the
			 Department.
(4) "Basic decision
			 notice" means a decision notice mailed no later than the date of action given
			 in the notice.
(5) "Budgeting"
			 means the process of calculating the benefit level.
(6) "Budget month" means the calendar month
			 from which nonfinancial and financial information is used to determine
			 eligibility and benefit level for the payment month.
(7) "Capital asset" means property that
			 contributes toward earning self-employment income, either directly or
			 indirectly. A "capital asset" generally has a useful life of over one year and
			 a value, alone or in combination, of $100 or more.
(8) "Categorically eligible" means eligible
			 for the ERDC program based on the presence of a single factor, or set of
			 factors, except that certain federal requirements apply.
(9) "Caretaker" means an individual who is
			 responsible for the care, control, and supervision of a child. The status of
			 "caretaker" ends once the individual no longer exercises care, control, and
			 supervision of the child for 30 days.
(10) "Certification period" means the period
			 for which an individual is certified eligible for a program.
(11) "Child" includes natural, step, and
			 adoptive children. The term "child" does not include an unborn child. A "child"
			 need not have a biological or legal relationship to the caretaker but must be
			 in the care and custody of the caretaker, must meet the citizenship or
			 noncitizen status requirements of OAR 414-175-0021, and must be:
(a) Under the age of 18; or
(b) Under the age of 19 and in secondary
			 school or vocational training at least half time.