reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0006 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) "Intellectual
			 Property" as defined in ORS
			 456.562, means computer
			 programs, software, software tools and data.
(2) "Person" means a person as defined in ORS
			 174.100, including individuals,
			 corporations, associations, firms, partnerships, limited liability companies
			 and joint stock companies. "Person" also means a federal, state or local
			 government body, a Native American tribe or an agent or representative of a
			 tribe.
(3) "Licensing Agreement"
			 means the binding contractual instrument between the Department and a Person
			 identifying the terms and conditions by which such Person may use Department
			 Intellectual Property.
(4)
			 "Copyright" means a comprehensive privilege to exclusively print, reprint,
			 publish, copy, translate, dramatize, convert, arrange, adapt, complete,
			 execute, finish, deliver in public, perform and transcribe an original work
			 pursuant to federal law, i.e.,
17 USC ¦¦ 1-215
;
61 Stat
., as amended.
(5) "Department" means the State of Oregon,
			 acting by and through the Housing and Community Services Department established
			 pursuant to ORS 456.555.
(6) "Patent" means an instrument from the
			 federal government granting to original inventors, the exclusive right for a
			 period of time to manufacture, sell and use the invention described
			 therein.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0011 - Authority to Acquire, Develop, Use, and Share Intellectual Property

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may take actions that it deems necessary and
				appropriate to acquire, develop, use, and allow other Persons to use
				Intellectual Property. Such actions may include, but are not limited to
				applying for Patents or Copyright registrations to perfect or preserve its
				rights with respect to Intellectual Property, employing Intellectual Property
				for its own use, and requiring other Persons to execute Licensing Agreements
				and/or other documents satisfactory to the Department as a condition for
				licensing, sharing or otherwise obtaining use of Intellectual Property from the
				Department.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0015 - Guidelines Concerning Acquisition and Use of Intellectual Property

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subject to any
			 superior Patent or Copyright limitations, the Department may, at its reasonable
			 discretion, license, share with, or otherwise provide for the use by a Person
			 of Intellectual Property acquired or developed by the Department. In
			 determining whether or not to allow use of its Intellectual Property, the
			 Department may consider factors including, but not limited to the public
			 interest served in allowing its use, the cost and administrative burden of
			 allowing its use, the furtherance of Department purposes through allowing its
			 use, the potential liability from allowing its use, the Department's experience
			 with the Person, the reputation in the community of the Person, the ability of
			 the Person to pay an appropriate fee for the use of the Intellectual Property,
			 the Person's execution of a Licensing Agreement and/or other documents
			 satisfactory to the Department, and the impact of allowing its use on the
			 ability of the Department to acquire or develop additional Intellectual
			 Property.
(2) Unless specified
			 otherwise in these rules, the Department may charge reasonable fees for the
			 licensing, sharing or other use of its Intellectual Property. Payment of fees
			 may be required on any schedule established by the Department.
(3) When the Department determines to
			 license, share with or otherwise allow the use of any Intellectual Property by
			 a federal, state, or local government body, it will do so without charging a
			 fee.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0021 - Guidelines for Training and Technical Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department may provide training and
			 other technical assistance to Persons who license, share or otherwise use
			 Department Intellectual Property. In determining whether or not to provide
			 training and other technical assistance, the Department may consider factors
			 including, but not limited to its own staffing needs and capabilities, the
			 public interest to be served, the advancement of Department programs, the needs
			 of the Person for whom training and other technical assistance would be
			 provided, the ability of the Person to apply such training and assistance, the
			 ability of the Person to pay for such training and assistance, the Department's
			 experience with the Person, the reputation in the community of the Person, and
			 the Person's execution of a Licensing Agreement and/or other documents
			 satisfactory to the Department.
(2)
			 The Department may charge reasonable fees for providing training and technical
			 assistance with respect to the use of its Intellectual Property. Payment of
			 fees may be required on any schedule established by the Department.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0025 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) As permitted by
			 ORS 456.562 and these rules, the
			 Department may charge reasonable fees for the licensing, sharing or other use
			 of Intellectual Property. The Department also may charge reasonable fees for
			 providing training and other technical support with respect to the use of
			 Intellectual Property.
(2) In
			 establishing reasonable fees, the Department may consider factors including,
			 but not limited to its costs in acquiring, developing, protecting, maintaining,
			 marketing, licensing (or otherwise allowing the use), and monitoring the use of
			 Intellectual Property generally and of the particular Intellectual Property
			 specifically, the demand for Intellectual Property, market rates for similar or
			 comparable products, Department program needs, the nature and resources of the
			 Person to use the Intellectual Property, the purposes for which the
			 Intellectual Property will be used, and the public interest in its use.
			 Considered costs may include, but are not limited to the relevant time,
			 personnel and materials employed, the allocable portion of indirect costs, and
			 reserves for updating, acquiring, developing, and administering the use of
			 Intellectual Property, as well as for contingencies.
(3) Payment of fees shall be made in the
			 amount and at such time, place and manner as the Department may
			 require.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 3 - INTELLECTUAL PROPERTY › Section 813-003-0035 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR
				chapter 813, division 003, unless such waiver or modification would violate
				applicable federal or state statutes.
Stat. Auth.: ORS 183,
				  456.555
Stats. Implemented: ORS
				  291.055,
				  456.562
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0001 - Confidentiality and Inadmissibility of Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
Pursuant to ORS
				36.224, the Oregon Housing and
				Community Services Department adopts by reference OAR 137-005-0052  as
				promulgated by the Attorney General effective as of November 13, 2018.
Statutory/Other Authority: ORS
				  36.224 & OL 2015 & ch
				  114 (SB189)
Statutes/Other Implemented: ORS
				  36.224, ORS
				  36.228, ORS
				  36.230, ORS
				  36.232 & OL 2015 & ch
				  114 (SB189)
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0002 - Confidentiality and Inadmissibility of Workplace Interpersonal Dispute Mediation Communications

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule applies to workplace interpersonal disputes, which are disputes involving
			 the interpersonal relationships between this agency's employees, officials or
			 employees and officials. This rule does not apply to disputes involving the
			 negotiation of labor contracts or matters about which a tort claim notice or a
			 lawsuit has been filed.
(2) The
			 words and phrases used in this rule have the same meaning as given to them in
			 ORS 36.110 and
			 36.234.
(3) Nothing in this rule affects any
			 confidentiality created by other law.
(4) To the extent mediation communications
			 would otherwise be compromise negotiations under ORS
			 40.190 (OEC Rule 408), those
			 mediation communications are not admissible as provided in
			 40.190 (OEC Rule 408),
			 notwithstanding any provisions to the contrary in section (9) of this
			 rule.
(5) Disclosures by Mediator.
			 A mediator may not disclose or be compelled to disclose mediation
			 communications in a mediation and, if disclosed, such communications may not be
			 introduced into evidence in any subsequent administrative, judicial or
			 arbitration proceeding unless:
(a) All the
			 parties to the mediation and the mediator agree in writing to the disclosure;
			 or
(b) The mediation communication
			 may be disclosed or introduced into evidence in a subsequent proceeding as
			 provided in subsections (c) or (h)-(j) of section (7) of this rule.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0200 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of these rules is to provide for the reasonable
				screening of subject individuals to determine if they have a history of
				criminal behavior such that they are not fit to work or volunteer in positions
				covered in OAR 813-004-0220. The fact that the Agency determines that a subject
				individual is fit does not guarantee the individual a position as an Agency
				employee, volunteer, contractor or vendor or that the individual will be hired
				by the Agency.
Stat. Auth.: ORS
				  181.534 &
				  456.135
Stats. Implemented: ORS
				  181.534 &
				  456.569
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0210 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
As used in OAR chapter 813, division 4, unless the context of
				the rule requires otherwise, the following definitions apply:
(1) Agency: Oregon Housing and Community
			 Services.
(2) Conviction: A final
			 judgment on a verdict or finding of guilty, a plea of guilty, or a plea of nolo
			 contendere (no contest) or any determination of guilt entered by a court of law
			 against a subject individual in a criminal case, unless that judgment has been
			 reversed or set aside by a subsequent court decision.
(3) Fitness determination: A determination
			 made by the Agency, pursuant to the process established under OAR 813-004-0230,
			 that a subject individual is fit or not fit to be an Agency employee,
			 volunteer, contractor or vendor in a position covered by OAR
			 813-004-0220.
(4) Criminal offender
			 information: Records and related data concerning physical description and vital
			 statistics, fingerprints received and compiled by the Oregon Department of
			 State Police to identify criminal offenders and alleged offenders, records of
			 arrests and the nature and disposition of criminal charges, including
			 sentencing, confinement, parole and release records.
(5) Criminal records check: One or more of
			 the following three processes undertaken by the Agency to check the criminal
			 history of a subject individual:
(a) A
			 name-based check of criminal offender information conducted through the Law
			 Enforcement Data System (LEDS) maintained by the Oregon Department of State
			 Police, in accordance with the rules adopted and procedures established by the
			 Oregon Department of State Police;
(b) A check of Oregon criminal offender
			 information, through fingerprint identification and other means, conducted by
			 the Oregon Department of State Police at the Agency's request (Oregon Criminal
			 Records Check); or
(c) A nationwide
			 check of federal criminal offender information, through fingerprint
			 identification and other means, conducted by the Oregon Department of State
			 Police through the Federal Bureau of Investigation or otherwise at the Agency's
			 request (Nationwide Criminal Records Check).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0220 - Subject Individual

Current through Register Vol. 63, No. 7, July 1, 2024
The Agency may require a subject individual to complete a
				criminal records check pursuant to these rules because the person:
(1)
(a) Is
			 employed by or applying for employment with the Agency; or
(b) Provides services or seeks to provide
			 services to the Agency as a volunteer, contractor, or vendor; and
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0230 - Criminal Records Check Process

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Disclosure of Information by Subject
			 Individual.
(a) Preliminary to a criminal
			 records check, a subject individual must complete and sign the Agency criminal
			 records request and a fingerprint card.
(b) A subject individual must complete and
			 submit to the Agency the Criminal Records Request form and, if requested, a
			 fingerprint card within three business days of receiving the forms. The Agency
			 may extend the deadline for good cause. The Agency's criminal records request
			 form will require the following information:, name, birth date, social security
			 number, physical characteristics, driver's license or identification card
			 number and current address, prior residences in other states and any other
			 identifying information deemed necessary by the Agency.
(c) The Agency may require additional
			 information from the subject individual as necessary to complete the criminal
			 records check and fitness determination, such as, but not limited to, proof of
			 identity; or additional criminal, judicial, or other background
			 information.
(d) The Agency shall
			 not request a fingerprint card from a subject individual under the age of 18
			 years unless the subject individual is emancipated pursuant to ORS
			 419B.550 et seq, or unless the
			 Agency also requests the written consent of a parent or guardian. In such case,
			 such parent or guardian and youth must be informed that they are not required
			 to consent. Notwithstanding, failure to consent may be construed as a refusal
			 to consent under OAR 813-004-0250(3).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0240 - Hiring or Appointing on a Preliminary Basis

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the Agency elects to conduct a
			 criminal records check pursuant to these rules, the Agency, in its sole
			 discretion, may hire or appoint the subject individual on a preliminary basis
			 pending completion of a criminal records check when:
(a) The subject individual has provided all
			 information (including a fingerprint card, if requested) as required by the
			 Agency pursuant to OAR 813-004-0230; and
(b) The Agency, in its sole discretion,
			 determines that preliminary hiring is in the Agency's best interests.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0260 - Potentially Disqualifying Crimes

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Crimes Relevant to A Fitness Determination:
(a) All felonies;
(b) All misdemeanors;
(c) Any United States Military crime or
			 international crime;
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0270 - Incomplete Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency will close a preliminary or
			 final fitness determination as incomplete when:
(a) Circumstances change so that a person no
			 longer meets the definition of a "subject individual" under OAR
			 813-004-0220.
(b) The subject
			 individual does not submit materials or information within the time required
			 under OAR 813-004-0230(1);
(c) The
			 Agency cannot locate or contact the subject individual;
(d) The subject individual fails or refuses
			 to cooperate with the Agency's attempts to acquire other criminal records
			 information under OAR 813-004-0260(2); or
(e) The Agency determines that the subject
			 individual is not eligible or not qualified for the position (of employee,
			 contractor, vendor or volunteer) for a reason unrelated to the fitness
			 determination process.
(f) The
			 position is no longer open.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0280 - Notice to Subject Individual of Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
The Agency shall inform the subject individual who has been
				determined not to be fit on the basis of a criminal records check, via personal
				service, or registered or certified mail to the most current address provided
				by the subject individual, of such disqualification.
Stat. Auth.: ORS
				  181.534 &
				  456.135
Stats. Implemented: ORS
				  181.534 &
				  456.569
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0290 - Appealing a Fitness Determination

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Purpose. Sections (2) to (5) of this rule
			 set forth the contested case hearing process a subject individual must use to
			 appeal a completed final fitness determination made under OAR 813-004-0250  that
			 the individual is not fit to hold a position with, or provide services to the
			 Agency as an employee, volunteer, contractor, or vendor. Section (6) of this
			 rule identifies an alternative appeal process available only to current Agency
			 employees.
(2) Appeal process.
(a) To request a contested case hearing, the
			 subject individual or the subject individual's legal representative must submit
			 a written request for a contested case hearing to the address specified in the
			 notice provided under OAR 813-004-0280. To be timely, the request must be
			 received by the Agency at the specified address within 14 calendar days of the
			 date stated on the notice. The Agency shall address a request received after
			 expiration of the deadline as provided under OAR 137-003-0528.
(b) When a timely request is received by the
			 Agency under subsection (a), a contested case hearing shall be conducted by an
			 administrative law judge assigned by the Office of Administrative Hearings,
			 pursuant to the Attorney General's Uniform and Model Rules, "Procedural Rules,
			 Office of Administrative Hearings" OAR 137-003-0501  to 137-003-0700, as
			 supplemented by the provisions of this rule.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0300 - Recordkeeping and Confidentiality

Current through Register Vol. 63, No. 7, July 1, 2024
Any information obtained in the criminal records check is
				confidential. The Agency must restrict the dissemination of information
				obtained in the criminal records check. Only those persons, as identified by
				the Agency, with a demonstrated and legitimate need to know the information,
				may have access to criminal records check records.
Stat. Auth.: ORS
				  181.534 &
				  456.135
Stats. Implemented: ORS
				  181.534 &
				  456.569
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 4 - MEDIATION COMMUNICATIONS; CRIMINAL RECORDS CHECK › Section 813-004-0310 - Fees

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Agency may
			 charge a fee for acquiring criminal offender information for use in making a
			 fitness determination that will not exceed the fee charged the Agency by the
			 Oregon Department of State Police and the Federal Bureau of Investigation to
			 obtain such information.
(2) The
			 Agency may charge the fee to the subject individual on whom criminal offender
			 information is sought or, if the subject individual is an employee of an Agency
			 contractor or vendor and is undergoing a fitness determination in that
			 capacity, the Agency may charge the fee to the subject individual's
			 employer.
Stat. Auth.: ORS
				  181.534 &
				  456.135
Stats. Implemented: ORS
				  181.534 &
				  456.569
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0001 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 5, is promulgated to accomplish the
				purpose of describing certain common terms, policies and procedures with
				respect to the administration of the Housing and Community Services Department.
Stat. Auth.: ORS
				  90.630,
				  90.771 -
				  90.775,
				  90.800 -
				  90.840, 183,
				  315.271,
				  317.097,
				  446.525 -
				  446.543,
				  456.515 -
				  456.725,
				  458.210 -
				  458.365,
				  458.405 -
				  458.460,
				  458.505 -
				  458.740,
				  566.310 -
				  566.350 &
				  757.612 -
				  757.617
Stats. Implemented: ORS
				  90.630,
				  90.771 -
				  90.775,
				  90.800 -
				  90.840, 183,
				  315.271,
				  317.097,
				  446.525 -
				  446.543,
				  456.515 -
				  456.725,
				  458.210 -
				  458.365,
				  458.405 -
				  458.460,
				  458.505 -
				  458.740,
				  566.310 -
				  566.350 &
				  757.612 -
				  757.617
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0008 - Cost Thresholds for Housing Stability Council Review and Approval

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Pursuant to ORS
			 456.555, OHCS must establish, by
			 administrative rule, the threshold property purchase price at which a
			 single-family home ownership loan on property must be submitted by OHCS to the
			 Housing Stability Council for approval as well as the threshold value for a
			 housing grant or other housing funding award for multifamily housing that must
			 be submitted by OHCS to the Housing Stability Council for review and
			 approval.
(2) The threshold
			 property purchase price for single-family home ownership that obligates OHCS to
			 obtain Housing Stability Council review and approval of a proposed
			 single-family loan is that purchase price which, when reduced by costs of
			 purchase other than OHCS loan, is equal to or greater than 95% of the
			 applicable area program purchase price limit.
(3) Other than funding awards described in
			 OAR 813-005-0008(4), the threshold value with respect to the awards of funds by
			 the Affordable Rental Housing Division for the development or preservation of a
			 multifamily housing development (project) that obligates OHCS to obtain Housing
			 Stability Council review and approval is: Loans, grants, and other funding
			 award proposals arising under ORS 456.515 to 456.725 concerning a particular
			 multifamily housing project that, in the aggregate:
(a) Are equal to or greater than
			 $1,000,000,
(b) Constitute more
			 than 50% of the total development budget for such project, provided that the
			 total development budget of such project is $1,000,000 or greater, or
(c) Are outside of applicable OHCS
			 guidelines.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0016 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The director may waive, suspend or modify any term or provision
				of OAR 813, unless such waiver, suspension or modification would violate
				applicable federal or state law.
Stat. Auth.: ORS
				  91.886, 183 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  456.515,
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0020 - General Policy and Guideline Manual

Current through Register Vol. 63, No. 7, July 1, 2024
The General Policy and Guideline Manual, as amended from time
				to time, is incorporated into this division by reference and has application,
				inter alia, to the solicitation, review, reservation, award and documentation
				of housing grants and other funding awards with respect to affordable
				multifamily housing projects as well as to the operation and compliance of such
				projects with applicable habitability, affordability and other requirements
				irrespective of the program source of funding. The manual may be accessed
				online on the department's website.
Stat. Auth.: ORS
				  91.886,
				  317.097 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  317.097,
				  456.515 -
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0025 - Solicitation Protests; Administrative and Judicial Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
(a)
			 With respect to any solicitation conducted by the department, an applicant or
			 potential qualifying applicant may protest or otherwise challenge such
			 solicitation process by first requesting administrative review as herein
			 specified.
(b) With respect to any
			 solicitation conducted by the department, an applicant may protest or otherwise
			 challenge any department determination or order (collectively hereinafter,
			 "determination") related to such solicitation by first requesting
			 administrative review as herein specified.
(c) A timely, qualifying request for
			 administrative review is necessary to satisfy the conditions of this section
			 and a condition precedent to judicial review consistent with ORS
			 183.480.
(d) Failure to file a timely, qualifying
			 request for administrative review with the department will constitute a failure
			 to exhaust administrative remedies and terminate further rights to protest or
			 otherwise challenge the solicitation process or any related department
			 determination, including judicial review thereof.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0030 - Contingency of Funding Awards

Current through Register Vol. 63, No. 7, July 1, 2024
If the department provides a reservation or otherwise to make a
				funding award under ORS
				90.800 -
				90.840,
				91.886, ORS
				317.097,
				456.515 through
				456.725 or
				458.005 through
				458.740, and if the type and
				amount of subject funding or any other department funding approved by the
				department that was considered by the department in setting the amount of the
				subject funding ("complementary funding") meets or exceeds the threshold
				amounts established in OAR 813-005-0005(3)  for review by the State Housing
				Council, the reservation or other commitment is subject to review and approval
				by the council of such subject funding and any such complementary funding. The
				council may approve, deny, modify or further condition funding assistance
				subject to its review. Based upon any relevant council determination, including
				with respect to complementary funding, any subject reservation or other
				commitment may be deemed revoked, or be modified and further
				conditioned.
Stat. Auth.: ORS
				  91.886,
				  317.097 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  317.097,
				  456.515 -
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0040 - Compliance Monitoring

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 project receiving any department assistance is subject to such reviews and
			 field inspections that the department determines to be necessary or appropriate
			 including, but not limited to ensuring the funding recipient's and project
			 owner's compliance with any program requirements including, but not limited to
			 applicable administrative rules (including incorporated manuals), department
			 directives, solicitation documents, funding documents, or otherwise. The
			 project owner shall cooperate fully with all reviews and field inspections,
			 comply with any resulting correction directives, and shall make all records
			 available for inspection and copying. The project owner also shall provide such
			 other information as the department may from time to time request.
(2) Project owners shall cooperate fully with
			 department reviews, field inspections and other information requests including,
			 but not limited to allowing the inspection and copying of relevant records as
			 determined by the department.
(3)
			 Project owners shall act promptly to correct any deficiencies identified by the
			 department as a consequence of its reviews, field inspections or otherwise upon
			 notice by the department of same.
(4) Project owners shall retain financial
			 records, supporting documents and all other pertinent records with respect to a
			 project until six years after the project affordability period for the
			 respective source of funding is complete, or after any relevant litigation or
			 audit claim is resolved, whichever is later.
Stat. Auth.: ORS
				  91.886,
				  317.097 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  317.097,
				  456.515 -
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0050 - Remedies

Current through Register Vol. 63, No. 7, July 1, 2024
(1) If the
			 department determines that there has been any material failure or default with
			 respect to any term, covenant or condition of the applicable solicitation
			 documents or funding documents, applicable rules, directives, or other program
			 requirements, it may exercise any remedy available under OAR chapter 813, the
			 solicitation documents, the funding documents, other program requirements or
			 applicable law. Remedies include, but are not limited to rescission of funding
			 awards, issuance of corrective orders or directives, imposition of sanctions,
			 recapture of any tax credits, recoupment of funding, recovery for damages,
			 specific performance, injunctive relief, declaratory actions, appointment of a
			 receiver for the project, foreclosure of lien interests, debarment from other
			 department funding, and other remedies available at law.
(2) The remedies set forth in this section
			 are cumulative and not exclusive and are in addition to any other rights and
			 remedies available to the department. The department may exercise any or all
			 remedies available to it, and in such manner as it, in its sole discretion,
			 determines appropriate. No failure to exercise a remedy shall be deemed as a
			 waiver or release of such remedy or other remedies or the claims upon which
			 they are based.
(3) Any waiver of
			 a remedy or claim must be in writing and signed by an authorized representative
			 of the department. No waiver shall be continuing in nature or affect any other
			 remedy or claim of the department unless expressly so stated in the signed
			 waiver.
Stat. Auth.: ORS
				  91.886,
				  317.097 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  317.097,
				  456.515 -
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0055 - Access to Public Records and Related Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Administrative Rules set forth in
			 Chapter 813, Division 005, Section 0055 apply to all public records for which
			 Oregon Housing and Community Services (OHCS) is custodian.
(2) The Director or designee, in carrying out
			 responsibilities of ORS
			 192.318, as custodian of public
			 records, shall:
(a) Allow access to and
			 disclosure of the public records subject to ORS
			 192.311 to
			 192.338;
(b) Make restrictions and take precautions
			 necessary to protect the integrity of the records and prevent interference with
			 the regular discharge of OHCS's duties; and
(c) Allow for inspection of OHCS's public
			 records during normal working days and hours at the location which the records
			 reside, or any other reasonable location designated by the Director or
			 designee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0060 - Transfer of Recipient, Assistance or Ownership; Subordinate Liens; Encumbrances

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 recipient of any department assistance or owner of a project for which such
			 assistance is provided may not transfer or allow any transfer of any interest
			 in itself, the assistance or the project, allow a subordinate lien or otherwise
			 encumber the project, or any portion or interest therein, unless the department
			 first approves the transfer, subordinate lien or encumbrance in writing. Any
			 such transfer is subject to the payment to the department of a transfer or
			 other approval charge as required by the department. If the recipient effects
			 or allows a transfer, subordinate lien or encumbrance without prior written
			 approval by the department, the transfer, subordinate lien or encumbrance is
			 voidable and remains subject to the approval or disapproval of the department
			 and the recipient or owner responsible for allowing the transfer, subordinate
			 lien or encumbrance and any transferees, jointly and severally, are subject to
			 a charge by the department with respect to its review and treatment of any such
			 event.
(2) The department may
			 condition its approval upon such terms and conditions as it, in its sole
			 discretion, may require. Factors the department may consider in determining
			 whether or not to give approval to a transfer, subordinate lien or encumbrance
			 include, but are not limited to:
(a) The
			 financial investment of the department in the project;
(b) Preservation of existing housing;
(c) The transferee's ability to
			 maintain and manage the project for the needs of the residents, the integrity
			 of the housing and as security for the assistance;
(d) The effect of the transfer, subordinate
			 lien or encumbrance upon the financial integrity of the project, repayment of
			 the assistance, use of the project for its intended purposes, and continuity of
			 the program requirements; and
(e)
			 Continued compliance with program requirements.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 5 - GENERAL RULES › Section 813-005-0070 - Fees and Charges

Current through Register Vol. 63, No. 7, July 1, 2024
The department may require the payment of such fees and charges
				as it determines appropriate with respect to the administration of its housing
				programs and program requirements including, but not limited to the
				solicitation, award, documentation and use of department funding assistance and
				correlation with other funding partners and resources, acquisition,
				development, construction, rehabilitation and operation of projects assisted
				with department funding assistance, ongoing compliance monitoring and
				enforcement of financial, affordability, and habitability requirements,
				transfers, subordinate liens and encumbrances.
Stat. Auth.: ORS
				  91.886,
				  317.097 &
				  456.555
Stats. Implemented: ORS
				  90.800 -
				  90.840,
				  91.886,
				  317.097,
				  456.515 -
				  456.725 &
				  458.005 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0005 - Purpose, Application, and Basic Policy

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department requires the services and
			 partnerships of outside parties to accomplish its mission and goals. Although
			 ORS 279A.025(2)(o)
			 and ORS 456.625 provide that certain
			 types of procurement by the Department are exempt from all provisions of the
			 Oregon Public Contracting Code as contained in ORS Chapters 279A, 279B, and
			 279C, the Department adopts the Attorney General's Model Public Procurement
			 Rules, Chapter 137, Divisions 46, 47, 48, and 49 (Model Rules), with limited
			 exceptions as described herein, to govern Department procurement activities.
			 Agreements under ORS Chapter 190, grants, and the Department's Oregon
			 Centralized Application (ORCA) process for affordable rental housing
			 development projects, are not subject to this Division.
(2) The Department has its own procurement
			 authority. The Department is exempt from the Public Contracting Code for all
			 procurement activities relating to the exercise of the Department's duties
			 prescribed in ORS Chapters 456 and 458; and for procurements of information
			 technology products, systems, and related goods, services, and personal
			 services.
(3) The Department is
			 subject to the Public Contracting Code for the procurement of other goods,
			 services, and personal services that are unrelated to the Department's
			 mission-specific duties described in ORS Chapters 456 and 458.
Statutory/Other Authority: 279A.025, 279A.050, 279A.065 &
				  279A.070
Statutes/Other Implemented: 279A.050, 456.515-456.725 &
				  ORS Chapter 458
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0005 - Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 6 is promulgated to establish general
				procedures for public contracts and procurements by the Department as well as
				its other contracting and procurement activities. The Department is exempt from
				all provisions of the Oregon Public Contracting Code as contained in ORS
				Chapters 279A, 279B and 279C, except with respect to certain aspects relating
				to the procurement of goods and services under ORS Chapter 279B. And, the
				Department has all authority to procure or supervise the procurement, inter
				alia, of goods, services and personal services for which it is subject to ORS
				Chapter 279B. Also, most contracting by the Department is not covered by the
				Oregon Public Contracting Code even if the code were applicable to the
				Department. Accordingly, the Department has chosen to fashion its own
				standards, considerations and procedures with respect to its procurement and
				contracting activities.
Stat. Auth.: ORS
				  90.800 - 90.840, 91.886,
				  317.097, 279A.025, 279A.065, ORS
				  456.515- 456.725 & 458.210 -
				  458.650
Stats. Implemented: ORS
				  90.800 - 90.840, 92.886, 279B,
				  317.097, 456.515 - 456.725, 307.651 & 458.005
				  -458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0010 - Basic Policy and Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The model rules of the Attorney General
			 adopted pursuant to ORS
			 279A.065 do not apply to the
			 Department. The Department will, however, consider the Attorney General's model
			 rules for guidance in exercising its contracting and procurement discretion,
			 particularly with respect to procurements of goods and services under ORS
			 Chapter 279B. Other factors that the Department may consider include, but are
			 not limited to:
(a) The subject matter of the
			 proposed contract and appropriate means to ensure successful performance at
			 competitive costs where practical;
(b) Specificity with respect to communication
			 and reservation of rights in any procurement;
(c) Clarity in the naming and description of
			 parties as well as consideration of appropriate preferences;
(d) Ascertaining and obtaining appropriate
			 representations and warranties as to the qualifications of parties;
(e) Specificity with respect to consideration
			 and applicable time periods;
(f)
			 Specificity with respect to terms and covenants, particularly as to standards
			 applicable to the performance of all work or delivery of goods;
(g) Identification of remedies and their
			 suitability to protect Department and program interests;
(h) Identification of insurance and other
			 risk mitigation terms and the appropriate balance of such measures with
			 potential risks and costs;
(i)
			 Requirements for compliance with applicable laws, including those applicable to
			 funding sources and nondiscrimination;
(j) Use of appropriate terms with respect to
			 standard provisions such as governing law, venue, waiver, exhibits, merger,
			 etc.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0010 - Basic Policy and Approach

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The model rules of the Attorney General adopted pursuant to ORS
			 279A.065 do not apply to the
			 Department. The Department will, however, consider the Attorney General's model
			 rules for guidance in exercising its contracting and procurement discretion,
			 particularly with respect to procurements of goods and services under ORS
			 Chapter 279B. Other factors that the Department may consider include, but are
			 not limited to:
(a) The subject matter of the
			 proposed contract and appropriate means to ensure successful performance at
			 competitive costs where practical;
(b) Specificity with respect to communication
			 and reservation of rights in any procurement;
(c) Clarity in the naming and description of
			 parties as well as consideration of appropriate preferences;
(d) Ascertaining and obtaining appropriate
			 representations and warranties as to the qualifications of parties;
(e) Specificity with respect to consideration
			 and applicable time periods;
(f)
			 Specificity with respect to terms and covenants, particularly as to standards
			 applicable to the performance of all work or delivery of goods;
(g) Identification of remedies and their
			 suitability to protect Department and program interests;
(h) Identification of insurance and other
			 risk mitigation terms and the appropriate balance of such measures with
			 potential risks and costs;
(i)
			 Requirements for compliance with applicable laws, including those applicable to
			 funding sources and nondiscrimination;
(j) Use of appropriate terms with respect to
			 standard provisions such as governing law, venue, waiver, exhibits, merger,
			 etc.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to the definitions set forth in Model Rules, the
				following definitions apply to this Division 6 only and supersede any
				definitions in OAR 813 Division 5:
(1)
			 "Department" means the Housing and Community Services Department established
			 under ORS 456.555.
(2) "Designated Procurement Officer" means
			 the individual designated and authorized by the Director of the Department to
			 perform certain procurement functions described in these rules.
(3) "Director" means the Director of the
			 Housing and Community Services Department.
(4) "Public Contracting Code" means ORS
			 Chapters 279A, 279B, and 279C.
(5)
			 "Reinstate" or "Reinstatement" means the act of making an expired or terminated
			 Contract active.
Statutory/Other Authority: 279A.025, 279A.050, 279A.065 &
				  279A.070
Statutes/Other Implemented: 279A.050, 456.515 - 456.725 &
				  ORS Chapter 458
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0015 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Terms
			 used in OAR chapter 813, division 6 have meanings as defined in the Act, in
			 813-005-0005  and herein.
(2) As
			 used in these rules, unless otherwise indicated by the context:
(a) "Consultant" means an individual or firm
			 that has been found qualified to do specified types of work for the agency and
			 with whom the Department may contract;
(b) "Competitive Procurement" is a formal
			 procurement method whereby proposals or applicants are requested from a number
			 of sources and the Request for Proposals or other solicitation document is
			 widely published or otherwise distributed;
(c) "Noncompetitive Procurement" is
			 procurement through solicitation of a proposal from only one source or on a
			 first- come first-served basis;
(d) "Small Purchase Procurement Procedures"
			 are those relatively simple and informal procurement methods whereby price or
			 rate quotations are obtained from a number of sources and selection made on the
			 basis of costs and other applicable criteria.