reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0050 - Eligible Applicants and Eligible Projects

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Eligible applicants include local
			 governments and nonprofit and for-profit organizations.
(2) To be eligible for funding, a proposed
			 project must meet the following criteria:
(a)
			 The project must be located within the urban growth boundary of an incorporated
			 city in this state, or in an Urban Unincorporated Community, Rural Community,
			 or Rural Service Center that is served by a community sewer system and/or water
			 system.
(b) The project must
			 achieve at least one of the following three main purposes found in ORS
			 458.725:
(A) Promoting affordable housing near jobs or
			 transit, developments near jobs and transportation;
(B) Revitalizing downtowns and community
			 centers; and
(C) Rebuilding rural
			 and distressed economies.
(c) The project must demonstrate financial
			 feasibility and soundness based on cash flow projections or documentation
			 submitted with the application.
(d)
			 The project must promote achievement of at least one of the Governor's "Six
			 Budget Principles."
(e) The project
			 must comply with local comprehensive plans and land use ordinances or other
			 regional or local plans.
(f) The
			 project sponsor must demonstrate capacity (including capacity provided by
			 outside consultants or developers) to fully implement the project as documented
			 in application materials.
(g) The
			 project must be locally supported and serve to further the community's goals
			 related to livability and growth.
(h) The for-profit developer that is or will
			 be the owner of the project must demonstrate investment or equity in the
			 project.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0060 - Funding Preferences

Current through Register Vol. 63, No. 7, July 1, 2024
Among proposed projects that meet the requirements of OAR
				813-140-0050, preference will be given to projects that meet one or more of the
				following categories:
(1) Are designed
			 in a manner that maximizes long-term sustainability through use of recycled
			 materials, attention to energy efficiency, and long term economic viability of
			 the project;
(2) Further the
			 economic vitality of the local community;
(3) Address a specific unmet need for
			 affordable housing;
(4) Leverage,
			 to the maximum extent, public and private funding sources (including tax
			 incentives), as demonstrated by local and/or private commitment and
			 investment;
(5) Are designed in a
			 manner to be consistent with or complementary to the character of the
			 surrounding community or neighborhood; and/or
(6) Demonstrate ability to expend Incentive
			 Fund resources within 12 months after award. In the event there are
			 insufficient moneys in the Incentive Fund to meet all otherwise qualified
			 pending applications, the department may provide loans in part or for all of
			 the amount requested based on the number of the categories listed above that a
			 proposed project falls within.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0080 - Rating Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
In addition to evaluation of a proposed project's compliance
				with the requirements of OAR 813-140-0050  and taking into consideration the
				preferences set forth in 813-140-0060, the evaluation of a proposed project may
				include, but is not limited to, consideration of the following:
(1) Any conditional or firm funding
			 commitments or efforts to work with other funders to leverage all available
			 resources;
(2) The readiness of the
			 project to proceed once financing has been committed by the
			 Department;
(3) In comparison with
			 other proposed projects, the greatest impact on communities;
(4) Demonstration of realistic financial
			 assumptions, including the need for a loan guarantee or grant funds, and the
			 ability to repay loans;
(5) The
			 strength of the development team as it relates to the scope of the
			 project;
(6) Community support for
			 the project as demonstrated by funding or fee waivers, resolution of support,
			 or participation of community groups; and
(7) Appropriateness and uniqueness of the
			 design of the project in relation to fulfilling the goals of the project and
			 matching the context of the community.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0090 - Lending Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department's lending criteria allows the Fund to create quality development
			 patterns, produce a sound loan portfolio and create a sustainable loan
			 fund.
(2) The Department shall
			 permit the assumption of an appropriate level of risk, maintain a reserve for
			 losses, and provide for the periodic monitoring of reserve adequacy as follows:
(a) An applicant for a loan shall demonstrate
			 an ability to repay the debt through forma and other documentation submitted
			 with the application. When applicable, the Department may offer a combination
			 of grants and loans as well as a combination of loan products and terms, as it,
			 in its sole discretion, deems appropriate to ensure repayment.
(b) A loan may be for an income-producing
			 project or for a project in an urban renewal district with available tax
			 increment financing.
(c) A loan may
			 be subordinate to other loans both in terms of payment and lien securing
			 repayment.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0095 - Application Process for Housing Preservation Community Incentive Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All housing
			 projects financed by OHCS with HUD Section 8 rental assistance contracts which
			 have been renewed or will be renewed are eligible to apply.
(2) Applicants must obtain application
			 materials directly from the Department.
(3) Applicants must submit their applications
			 to the Department contact person listed on application materials.
(4) The Department will analyze the
			 application and determine the appropriate mix of funding sources including tax
			 credits, credit equity, grants and/or loans.
(5) The applications that, in the judgment of
			 the Department, meet program requirements (see Program Overview and application
			 materials), will be summarized for submission to the Advisory Board for their
			 review and recommendation.
(6)
			 Projects will be selected for financing, which in the judgment of the Board (as
			 evidenced by its recommendations to the Director) and the Director achieve the
			 requirements of the Housing Preservation Incentive Fund based on the criteria
			 outlined in application materials and Program Overview.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0096 - Application Process for Funding from Housing Preservation Community Incentive Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All housing
			 projects financed by OHCS with HUD Section 8 rental assistance contracts that
			 have been renewed or will be renewed are eligible to apply for funding from the
			 Community Development Incentive Project Fund.
(2) An applicant for funding from the fund
			 shall submit an application for funding to the Department on the form provided
			 by the Department.
(3) If the
			 Department determines that funding is needed for financing developments because
			 other state or private financing sources are inadequate or unavailable, unless
			 the Department determines that financing is needed for the purpose of
			 preserving affordable housing, the Department shall submit a funding
			 application under section (2) of this rule to the Community Development
			 Incentive Advisory Board for its review and recommendation.
(4) An application for funding that has been
			 reviewed by the board under section (3) of this rule is subject to the
			 Department's approval or disapproval after the Director has reviewed the
			 Board's recommendation. The Department's determination under this section is
			 subject to its evaluation of the application on the basis of applicable
			 statutory criteria.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0100 - Award

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Director
			 shall announce the applicants receiving Fund awards. An applicant who receives
			 a Fund award will be issued a reservation and conditional award.
(2) Except upon the written approval of the
			 Department, no moneys will be disbursed from the Fund until all conditions of
			 the reservation and conditional award (including submission of the required
			 documents) have been met to the satisfaction of the Department.
Stat. Auth.: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0105 - Application Process for Large Community Incentive Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The application process for obtaining a
			 grant or loan from the Fund may involve, but is not limited to, a competitive
			 review process, a first come-first reviewed process, or such expedited process
			 as is necessary or appropriate to further the goals of the Fund.
(2) An applicant must contact the appropriate
			 Department Regional Advisor to the Director to discuss its proposal (See
			 Program Overview). The Regional Advisor to the Director will provide technical
			 assistance; input on the viability of the project; and will work with the
			 applicant to analyze and project the financial needs to determine the
			 appropriate mix of grants and/or loans.
(3) An applicant must submit its application
			 in a manner satisfactory to the Department. The Regional Economic
			 Revitalization Team which may choose to consult with other regional
			 partnerships in areas where partnerships exist, and Oregon Economic and
			 Community Development Department financial reviewers may review the applicants.
			 This review may include a pre-screening for fatal application flaws that on the
			 face of the application do not meet the requirements of these rules as well as
			 an in-depth review.
(4) The
			 applications that, in the judgment of the Regional Economic Revitalization
			 Team, best meet Fund thresholds and preferences (see Program Overview and
			 application materials), will be submitted to the Department along with comments
			 from the reviewers in the Regional Economic Revitalization Team. The number of
			 applications submitted to the Department may be limited at the discretion of
			 the Director.
(5) The Department
			 will forward a description of the projects, along with comments from the
			 Regional Economic Revitalization Team, to the Board for their consideration. At
			 the same time, a committee of representatives from the Regional Economic
			 Revitalization Teams, in conjunction with the Department's senior management,
			 will develop a funding proposal. A finalized funding proposal will be presented
			 to the Director and the Board for their review and recommendations.
(6) Projects will be selected for financing
			 which, in the judgment of the Board (as evidenced by its recommendations to the
			 Director) and the Director best achieve the purposes of the Incentive Fund
			 based on the criteria outlined in OAR chapter 813, division 140.
Stat. Auth: ORS
				  458.705 -
				  458.740
Stats. Implemented: ORS
				  458.705 -
				  458.740
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0110 - Small Community Incentive Fund

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Small Community Incentive Fund may
			 provide loans and grants to eligible projects which require a financial
			 incentive or gap financing. The maximum amount of financing that may be
			 provided by the Small Community Incentive Fund for a project, whether in the
			 form of a grant or loan or a combination of both, is $80,000.
(2) In order to be eligible for financing by
			 the Small Community Incentive Fund, a project must meet the parameters
			 described in the previous sections of the rule with the following exceptions:
(a) The project must be located within the
			 urban growth boundary of an incorporated Oregon city, or in an Urban
			 Unincorporated Community, Rural Community, or Rural Service Center that is
			 served by a community sewer system and/or a community water system.
(b) The project must achieve at least one of
			 the three objectives of ORS
			 458.725(1) through
			 (3).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 140 - COMMUNITY DEVELOPMENT INCENTIVE PROJECT FUND › Section 813-140-0120 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of OAR 813,
				division 140, unless such waiver or modification would violate applicable
				federal or state statutes or regulations.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  90.630, 183, 446,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.579 -
				  456.581
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0000 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
The purpose of OAR chapter 813, division 145 of the
				administrative rules is to implement the Emergency Solutions Grant (ESG)
				program. Funding for ESG comes from federal funds authorized by the
				McKinney-Vento Homeless Act, as established in  24 CFR 576 . Oregon Housing and
				Community Services (OHCS) is designated as the state agency responsible for
				administering state and federal antipoverty programs in Oregon. The purpose of
				ESG is to fund local homeless programs that assist households, who are homeless
				or at risk of homelessness, to attain housing stability.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented:  24 CFR 576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout this division (OAR 813-145) 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) "At risk
			 of homelessness" is defined in
			 24
			 CFR 576.2.
(2) "ESG" means the Emergency Solutions Grant
			 program administered by OHCS pursuant to this division and other applicable
			 law.
(3) "ESG Manual" or "Program
			 manual" means the Emergency Solutions Grant Operations Manual, as described in
			 OAR 813-145-0015.
(4) "ESG
			 requirements" means these administrative rules; all funding agreement terms and
			 conditions; OHCS directives (including deficiency notices); the ESG Manual
			 requirements; and applicable state, local, and federal laws and
			 requirements.
(5) "ESG services"
			 means services as defined in OAR 813-145-0030  and the ESG Manual, which are
			 eligible activities with ESG funding.
(6) "Homeless" means an individual, family or
			 household that lacks a fixed, regular, and/or adequate nighttime residence in
			 accordance with department categorical definitions. Categorical definitions are
			 contained in the program manual.
(7) "Homeless Management Information System"
			 or "HMIS" is defined in
			 24
			 CFR 576.2.
(8) "Household" means an individual living
			 alone, a family with or without children or a group of individuals who are
			 living together as one economic unit.
(9) "Household income" means the total
			 household income from all sources before taxes. Specific sources and deductions
			 are outlined in the ESG Manual.
To view attachments referenced in rule text,
click here to view
				  rule
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented:  24 CFR 576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0015 - Manuals

Current through Register Vol. 63, No. 7, July 1, 2024
Effective on July 1, 2023, the Emergency Solutions Grant
				Program Operations Manual (ESG Manual) with the requirements and standards
				therein, is incorporated into and adopted as part of division 813-145-0015  of
				the department's administrative rules, 813-145-0000  to 813-145-0080. The ESG
				Manual, dated July 1, 2020, previously incorporated into and adopted as part of
				these administrative rules remains in effect until July 1, 2023, on which date
				it is repealed. The ESG 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:
				   24 CFR
				  576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0020 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 contract with subgrantees to provide eligible ESG services (see OAR
			 813-145-0030) 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 ESG 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 ESG services in the subgrantee's service area.
(4) Subgrantees shall, at a minimum, provide
			 ESG services to eligible applicants or households and meet ESG requirements.
			 Whenever appropriate, subgrantees may assist eligible households in accessing
			 other services designed to stabilize housing.
(5) Subgrantee representatives must attend
			 and participate in ESG-related training made available or conducted by
			 OHCS.
(6) A designated portion of
			 ESG 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:  24 CFR 576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0026 - Applicant Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) ESG
			 services shall be made available to households who meet eligibility
			 requirements as outlined in the ESG Manual, including but not limited to:
(a) An income within limits for applicable
			 ESG services as defined in the ESG Manual; and
(b) Are homeless or at risk of homelessness.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0030 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of ESG
			 funds must be in compliance with ESG requirements for eligible
			 households.
(2) To the extent of
			 available funding, eligible ESG services include, but are not limited to:
(a) Street outreach;
(b) Emergency shelter;
(c) Homelessness prevention;
(d) Rapid re-housing; and
(e) Data collection.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0040 - Application for Funding; Funding Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to providing any ESG 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 ESG 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 ESG 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 ESG requirements and any other standards, goals, and requirements
			 established by OHCS.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented:  24 CFR 576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0050 - 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
			 ESG requirements, which document the receipt and disbursement of all ESG funds
			 by OHCS. Subgrantees must have an accounting system in place satisfactory to
			 OHCS, and implement an approved Homeless Management Information System (HMIS)
			 database for data and fiscal entry.
(2) Subgrantees and their subrecipients must
			 maintain other ESG records satisfactory to OHCS and consistent with ESG
			 requirements, which include, but are not limited to, documentation of household
			 eligibility, receipt of allowable ESG 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 ESG
			 requirements and as requested by OHCS.
(4) To ensure proper compliance and
			 monitoring of ESG, 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 ESG, 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 ESG records and data according to ESG requirements and as
			 requested by OHCS.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0060 - 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
			 ESG 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 disapproval to the subgrantee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0070 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any household aggrieved by a subgrantee administering or providing ESG services
			 may challenge the subgrantee's action by entering the subgrantee's
			 administrative review process (see OAR 813-145-0080). 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:  24 CFR 576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0080 - 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 ESG services or
			 not, to contest a determination by the subgrantee or its subrecipients that
			 either denies, limits, terminates, or modifies ESG 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
			 813-145-0070).
(4) 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:
				   24 CFR
				  576  & ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 145 - EMERGENCY SOLUTIONS GRANT PROGRAM (ESG) › Section 813-145-0090 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  458.505 - ORS
				  458.545
Stats. Implemented: ORS
				  458.505 - ORS
				  458.545
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0001 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 200 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 Low Income Home Energy Assistance Program
				(LIHEAP). The purpose of the program is to assist low-income households with
				their home energy needs through a variety of means, including energy assistance
				payments, energy education and weatherization activities.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
Terms used throughout OAR chapter 813, division 200 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) "Energy
			 assistance payment" means a payment made under LIHEAP to or on behalf of an
			 eligible household for the specific purposes of paying for program services as
			 described in OAR 813-200-0030.
(3)
			 "Energy burden" means the percentage of household income that goes towards
			 energy costs.
(4) "Home energy"
			 means the type of energy or fuel, including but not limited to fuel oil,
			 natural gas, electricity, wood or propane, used to power the household's
			 primary source of heating or cooling equipment.
(5) "Home energy supplier" means a supplier
			 who either delivers home energy in bulk to households, or provides home energy
			 continuously via wire or pipe.
(6)
			 "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.
(7) "Household income" means the total
			 household income before taxes from all sources. Specific sources and deductions
			 are outlined in the program manual.
(8) "Low-income household" means a household
			 with income that is at or below 60% of the state median income.
(9) "Program" or "LIHEAP" means the
			 Low-Income Home Energy Assistance Program administered by OHCS pursuant to this
			 division and other applicable law.
(10) "Program manual" or "Manual" means the
			 LIHEAP & OEAP Intake Operations Manual, as described in OAR
			 813-200-0008.
(11) "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.
(12) "Program
			 services" means the services that may be provided to eligible households as
			 described in OAR 813-200-0030  or allowed thereunder.
To view tables referenced in rule text,
click here to view
				  rule
.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0008 - 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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0010 - Administration

Current through Register Vol. 63, No. 7, July 1, 2024
(1) OHCS may
			 contract with subgrantees to provide eligible program services (see OAR
			 813-200-0030) 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 LIHEAP 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 LIHEAP-related training made
			 available or conducted by OHCS.
(6)
			 A designated portion of LIHEAP 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
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0020 - Household Eligibility

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Program
			 services must be available to households that are determined to be eligible in
			 compliance with the program manual. Baseline eligibility requirements include,
			 but are not limited to:
(a) Meeting income
			 thresholds for LIHEAP; and
(b)
			 Having a demonstrated energy burden.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0030 - Use of Funds

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Use of LIHEAP
			 funds must be in compliance with LIHEAP program requirements for eligible
			 households.
(2) To the extent of
			 available funding, program services include providing the following for
			 eligible households:
(a) Energy assistance
			 payments;
(b) Heating and cooling
			 equipment repair and replacement;
(c) Crisis assistance; and
(d) Energy education.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0040 - Repealed

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  458.505 - ORS
				  458.545
Stats. Implemented: ORS
				  458.505 - ORS
				  458.545
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0050 - Coordination with Home Energy Suppliers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Subgrantees must execute a contract with
			 a home energy supplier in order for the home energy supplier to receive an
			 energy assistance payment under LIHEAP.
(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
				  458.505
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0052 - Application for Funding; Funding Agreement

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Prior to providing any LIHEAP 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 LIHEAP 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 LIHEAP 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 LIHEAP 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 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0060 - Renumbered

Current through Register Vol. 63, No. 7, July 1, 2024
Stat. Auth.: ORS
				  458.505 - ORS
				  458.545
Stats. Implemented: ORS
				  458.505 - ORS
				  458.545
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0075 - 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
			 LIHEAP program requirements, which document the receipt and disbursement of all
			 LIHEAP funds by OHCS. Subgrantees must have an accounting system in place
			 satisfactory to OHCS, and implement the energy assistance database, OPUS, for
			 data and fiscal entry.
(2)
			 Subgrantees and their subrecipients must maintain other LIHEAP records
			 satisfactory to OHCS and consistent with LIHEAP program requirements, which
			 include, but are not limited to, documentation of household eligibility,
			 receipt of allowable program services, termination of services and the basis
			 for same, housing status, administrative actions, contracts with subrecipients,
			 review of subrecipient performance, action taken with respect to deficiency
			 notices, and any administrative review proceedings. Such records must be
			 satisfactory to OHCS in substance and format.
(3) Subgrantees must provide OHCS with all
			 required reports, data, and financial statements by submission deadlines and
			 satisfactory to OHCS in form and substance as identified in the LIHEAP program
			 requirements and as requested by OHCS.
(4) To ensure proper compliance and
			 monitoring of LIHEAP, subgrantees and their subrecipients must:
(a) Furnish representatives of OHCS, the
			 Oregon Secretary of State's Office, the federal government, and their duly
			 authorized representatives access to and permit copying of all electronic and
			 hardcopy books, accounts, documents, and records and allow reasonable access to
			 the project and other property pertaining to LIHEAP, at any such
			 representative's request.
(b)
			 Cooperate fully in any inspections or other monitoring actions taken by OHCS,
			 the Oregon Secretary of State's Office, the federal government, and their duly
			 authorized representatives.
(c)
			 Retain and keep accessible all LIHEAP records and data according to LIHEAP
			 program requirements and as requested by OHCS.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0080 - 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
			 LIHEAP program funding.
(2) To
			 remedy any identified deficiencies, OHCS:
(a)
			 Must issue a deficiency notice notifying a subgrantee of deficiencies
			 identified through the monitoring process and provide documentation for the
			 basis of such determination and the specific deficiency or deficiencies that
			 must be corrected;
(b) Must require
			 the subgrantee to correct any deficiencies in a manner and time frame
			 satisfactory to OHCS;
(c) May offer
			 training and technical assistance related to such deficiencies to the
			 subgrantee; and
(d) May, at its
			 discretion, offer the subgrantee assistance in the development of a corrective
			 action plan. If a corrective action plan is allowed, OHCS must review the plan
			 and issue a decision of approval or disappproval to the subgrantee.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 200 - LOW-INCOME HOME ENERGY ASSISTANCE PROGRAM (LIHEAP) › Section 813-200-0085 - Challenge of Subgrantee Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any household aggrieved by a subgrantee administering or providing LIHEAP
			 program services may challenge the subgrantee's action by entering the
			 subgrantee's administrative review process (see OAR 813-200-0090). Any
			 household who received either an unsatisfactory determination or refusal of a
			 review by the subgrantee may submit a written request to OHCS within 30 days of
			 receiving the notice of review determination or refusal by the subgrantee to
			 provide such administrative review.
(2) OHCS may accept or deny a request to
			 conduct a subgrantee administrative review, in whole or in part, at its sole
			 discretion. An OHCS review will be in the manner determined appropriate by OHCS
			 and may include, but is not limited to, review of provided
			 information.
(3) If OHCS accepts
			 the review request, the requesting household, the subgrantee, and any relevant
			 subrecipients will produce all information required by OHCS, including
			 requested affidavits or testimony.
(4) Upon accepting the review request, OHCS
			 may make a determination on such review request and require such remedial
			 action as OHCS determines, in its sole discretion, to be appropriate.
(5) OHCS adopts the procedures detailed in
			 ORS Chapter 183 for contested cases.
Statutory/Other Authority: ORS
				  456.555
Statutes/Other Implemented: ORS
				  458.505,
				  458.620  & 458.650