reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0090 - Administrative Review By Subgrantee

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0100 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0105 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0108 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
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, 2023, 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.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  456.587,
				  458.505 &
				  757.698
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0110 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0120 - Household Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0130 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0140 - Coordination with Home Energy Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0150 - Application for Funding; Funding Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0160 - Recordkeeping and Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0170 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0180 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 201 - COVID ENERGY ASSISTANCE PROGRAM (CEAP) › Section 813-201-0190 - Administrative Review by Subgrantee

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0007 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
The LIHEAP & OEAP Intake Operations Manual (program manual)
				with the requirements and standards therein, dated October 1, 2023, 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.
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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0010 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0015 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 184, ORS
				  456.555, ORS
				  757.612 & ORS
				  757.617
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0020 - Household Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0030 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS 184, ORS
				  456.555, ORS
				  757.612 & ORS
				  757.617
Stats. Implemented: ORS
				  456.555
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0050 - Coordination with Electric Utilities

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0052 - Application for Funding; Funding Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0054 - Recordkeeping and Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0056 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(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.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0058 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 202 - OREGON ENERGY ASSISTANCE PROGRAM (OEAP) › Section 813-202-0060 - Administrative Review By Subgrantee

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Subgrantees must establish in writing a process satisfactory to OHCS that
			 enables all potentially eligible households, having received OEAP 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
			 813-202-0058).
(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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 203 originally provided specific
				guidance pursuant to US Public Laws 116-260 and 117-2.
				These laws designated Oregon Housing and Community Services (OHCS) to
				administer and operate the Low-Income Household Water Assistance (LIHWA)
				Program in a manner similar to that of the Low-Income Home Energy Assistance
				Program (LIHEAP)-see OAR Chapter 813, Division 200. The purpose of the program
				is to assist low-income households with their household drinking water and
				sewage disposal services needs through water assistance payments. This division
				of rules shall apply to any additional funds received, either under these laws
				or otherwise, specifically for the purpose above.
Statutory/Other Authority: US
				  Public Law
				  116-260, ORS
				  456.555 & US
				  Public Law
				  117-2
Statutes/Other Implemented: US
				  Public Law
				  116-260, US
				  Public Law
				  117-2 & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 203 originally provided specific
				guidance pursuant to US  Public Laws 116-260  and 117-2. These laws designated
				Oregon Housing and Community Services (OHCS) to administer and operate the
				Low-Income Household Water Assistance (LIHWA) Program in a manner similar to
				that of the Low-Income Home Energy Assistance Program (LIHEAP)-see OAR Chapter
				813, Division 200. The purpose of the program is to assist low-income
				households with their household drinking water and sewage disposal services
				needs through water assistance payments. This division of rules shall apply to
				any additional funds received, either under these laws or otherwise,
				specifically for the purpose above.
Statutory/Other Authority: US  Public Law 116-260, ORS 456.555  & US  Public Law 117-2
Statutes/Other Implemented: US  Public Law 116-260, US  Public Law 117-2  & ORS 458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 203 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 loss of household supply of drinking
			 water or sewage disposal services or other situations approved by OHCS as
			 described in the program requirements.
(2) "Public drinking water or water treatment
			 utility" or "utility" means the owner or operator of a Community Water System
			 (as defined by the U.S. Environmental Protection Agency) or water treatment
			 facility, who supplies a household with drinking water or sewage disposal
			 services continuously via pipes.
(3) "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 drinking water or sewage
			 disposal services in common.
(4)
			 "Household income" means the total household income before taxes from all
			 sources. Specific sources and deductions are outlined in the program manual
			 (see OAR 813-203-0007).
(5)
			 "Low-income household" means a household with income that is at or below 60% of
			 the state median income.
(6)
			 "Program" or "LIHWA" means the Low-Income Household Water Assistance Program
			 administered by OHCS pursuant to this division and other applicable
			 law.
(7) "Program manual" or
			 "Manual" means the LIHWA Intake Operations Manual, as described in OAR
			 813-203-0007.
(8) "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.
(9) "Program
			 services" means the services that may be provided to eligible households as
			 described in OAR 813-203-0030 or allowed thereunder.
(10) "Water assistance payment" means a
			 payment made under the LIHWA Program to or on behalf of an eligible household
			 for the specific purposes of paying for program services as described in OAR
			 813-203-0030.
(11) "Water burden"
			 means the percentage of household income that goes towards drinking water and
			 sewage disposal services.
Statutory/Other Authority: US
				  Public Law
				  116-260, ORS
				  456.555 & US
				  Public Law
				  117-2
Statutes/Other Implemented: US
				  Public Law
				  116-260, US
				  Public Law
				  117-2 & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 203 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 loss of household supply of drinking
			 water or sewage disposal services or other situations approved by OHCS as
			 described in the program requirements.
(2) "Public drinking water or water treatment
			 utility" or "utility" means the owner or operator of a Community Water System
			 (as defined by the U.S. Environmental Protection Agency) or water treatment
			 facility, who supplies a household with drinking water or sewage disposal
			 services continuously via pipes.
(3) "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 drinking water or sewage
			 disposal services in common.
(4)
			 "Household income" means the total household income before taxes from all
			 sources. Specific sources and deductions are outlined in the program manual
			 (see OAR 813-203-0007).
(5)
			 "Low-income household" means a household with income that is at or below 60% of
			 the state median income.
(6)
			 "Program" or "LIHWA" means the Low-Income Household Water Assistance Program
			 administered by OHCS pursuant to this division and other applicable
			 law.
(7) "Program manual" or
			 "Manual" means the LIHWA Intake Operations Manual, as described in OAR
			 813-203-0007.
(8) "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.
(9) "Program
			 services" means the services that may be provided to eligible households as
			 described in OAR 813-203-0030 or allowed thereunder.
(10) "Water assistance payment" means a
			 payment made under the LIHWA Program to or on behalf of an eligible household
			 for the specific purposes of paying for program services as described in OAR
			 813-203-0030.
(11) "Water burden"
			 means the percentage of household income that goes towards drinking water and
			 sewage disposal services.
Statutory/Other Authority: US  Public Law 116-260, ORS 456.555  & US  Public Law 117-2
Statutes/Other Implemented: US  Public Law 116-260, US  Public Law 117-2  & ORS 458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0007 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
The LIHWA Intake Operations Manual (program manual) with the
				requirements and standards therein, dated October 1, 2023, 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.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: US
				  Public Law
				  116-260, ORS
				  456.555 & US
				  Public Law
				  117-2
Statutes/Other Implemented: US
				  Public Law
				  116-260, US
				  Public Law
				  117-2 & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0007 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
The LIHWA Intake Operations Manual (program manual) with the
				requirements and standards therein, dated (as revised) May 30, 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.
To view attachments referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: US  Public Law 116-260, ORS 456.555  & US  Public Law 117-2
Statutes/Other Implemented: US  Public Law 116-260, US  Public Law 117-2  & ORS 458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 203 - LOW-INCOME HOUSEHOLD WATER ASSISTANCE PROGRAM (LIHWA) › Section 813-203-0010 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As funds become
			 available, OHCS may contract with subgrantees to provide eligible program
			 services (see OAR 813-203-0030) 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, OHCS may give
			 preference to the CAA in service provision rights.
(2) OHCS will allocate available LIHWA 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 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 LIHWA-related training made available or conducted by
			 OHCS.
(6) Of those available funds,
			 a designated portion of LIHWA funds is 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: US
				  Public Law
				  116-260, ORS
				  456.555 & US
				  Public Law
				  117-2
Statutes/Other Implemented: US
				  Public Law
				  116-260, US
				  Public Law
				  117-2 & ORS
				  458.505