reglab/statecodes huggingface dataset:
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0020 - Procurement Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will comply with the
			 requirements of ORS 200.035.
(2) The department may allow for preference
			 of or limit competition for a public contract for goods and services or for any
			 other public contract estimated to cost $50,000 or less, to contracting
			 entities owned or controlled by persons described in subsection (1) of
			 ORS279A.100.
(3) The department may participate in,
			 sponsor, conduct, or administer cooperative procurements pursuant to ORS
			 279A.200 through
			 279A.225.
(4) Small Purchase Procurement Procedures as
			 outlined in OAR 813-006-0030  may be used for the procurement of goods and
			 services estimated to cost not more than $10,000 per agreement per fiscal year.
			 Price or rate quotations will be sought from at least three qualified sources,
			 if practical. This procedure does not govern program solicitations.
(5) Competitive Procurement procedures as
			 outlined in OAR 813-006-0025  will be used for goods and services, as well as
			 personal service contracts, estimated to cost in excess of $10,000 per
			 agreement per fiscal year. Competitive Procurement may be used for contracts of
			 less than $10,000 whenever the Department determines that it would be prudent
			 and advantageous to do so. Exceptions may be granted to accommodate one or more
			 of the conditions described in section (3) of this rule with the approval of
			 the Director.
(6) Noncompetitive
			 Procurement procedures may be used for goods and services, as well as personal
			 services contracts if:
(a) The item or service
			 is available only from a single source, or the sole source has special skills
			 or special characteristics that are reasonably only available from that source
			 or based upon the particular provider's expertise, experience or
			 situation;
(b) Public need or
			 emergency weighs against the delay incurred by competitive
			 solicitation;
(c) After
			 solicitation of a number of sources, competition is determined inadequate;
			 or
(d) The contract is a renewal of
			 an existing contract, subject to approval by all required parties.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0020 - Procurement Method

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department will comply with the requirements of ORS
			 200.035.
(2) The department may allow for preference
			 of or limit competition for a public contract for goods and services or for any
			 other public contract estimated to cost $50,000 or less, to contracting
			 entities owned or controlled by persons described in subsection (1) of
			 ORS279A.100.
(3) The department may participate in,
			 sponsor, conduct, or administer cooperative procurements pursuant to ORS
			 279A.200 through
			 279A.225.
(4) Small Purchase Procurement Procedures as
			 outlined in OAR 813-006-0030  may be used for the procurement of goods and
			 services estimated to cost not more than $10,000 per agreement per fiscal year.
			 Price or rate quotations will be sought from at least three qualified sources,
			 if practical. This procedure does not govern program solicitations.
(5) Competitive Procurement procedures as
			 outlined in OAR 813-006-0025  will be used for goods and services, as well as
			 personal service contracts, estimated to cost in excess of $10,000 per
			 agreement per fiscal year. Competitive Procurement may be used for contracts of
			 less than $10,000 whenever the Department determines that it would be prudent
			 and advantageous to do so. Exceptions may be granted to accommodate one or more
			 of the conditions described in section (3) of this rule with the approval of
			 the Director.
(6) Noncompetitive
			 Procurement procedures may be used for goods and services, as well as personal
			 services contracts if:
(a) The item or
			 service is available only from a single source, or the sole source has special
			 skills or special characteristics that are reasonably only available from that
			 source or based upon the particular provider's expertise, experience or
			 situation;
(b) Public need or
			 emergency weighs against the delay incurred by competitive solicitation;
(c) After solicitation of a number
			 of sources, competition is determined inadequate; or
(d) The contract is a renewal of an existing
			 contract, subject to approval by all required parties.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0025 - Competitive Procurement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Request for Proposals (RFP) or similar
			 solicitation (collectively, RFP) will be prepared for the contracts for which
			 Competitive Procurement procedures will be used. The RFP will normally include,
			 at a minimum, the following information:
(a)
			 Date and hour by which proposals or other responses must be received;
(b) Return address where proposals or other
			 responses must be received;
(c)
			 Description of work;
(d) Evaluation
			 criteria; and
(e) Department
			 project manager's name, address and phone number.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0025 - Competitive Procurement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Request for Proposals (RFP) or similar
			 solicitation (collectively, RFP) will be prepared for the contracts for which
			 Competitive Procurement procedures will be used. The RFP will normally include,
			 at a minimum, the following information:
(a)
			 Date and hour by which proposals or other responses must be received;
(b) Return address where proposals
			 or other responses must be received;
(c) Description of work;
(d) Evaluation criteria; and
(e) Department project manager's name,
			 address and phone number.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0030 - Small Purchase Procurement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Statement of Work and request for price
			 or rate quotation shall be developed and submitted to prospective contractors
			 with which the Department has had previous successful experience or which are
			 believed by the Department to be qualified to offer the needed services. The
			 Statement of Work and request for quotation may be communicated orally or in
			 writing.
(2) At least three price
			 quotations shall be obtained from qualified sources unless there are fewer than
			 three qualified sources interested in the contract.
(3) Contractor selection shall be made on the
			 basis of the cost estimate and other pertinent information such as
			 qualifications, experience, reference check and project approach.
Statutory/Other Authority: ORS
				  90.800 - 90.840, 91.886,
				  317.097, 279A.025, 279A.065, ORS
				  456.515- 456.725 & 458.210 -
				  458.650
Statutes/Other 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 813-006-0030 - Small Purchase Procurement Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Statement of Work and request for price
			 or rate quotation shall be developed and submitted to prospective contractors
			 with which the Department has had previous successful experience or which are
			 believed by the Department to be qualified to offer the needed services. The
			 Statement of Work and request for quotation may be communicated orally or in
			 writing.
(2) At least three price
			 quotations shall be obtained from qualified sources unless there are fewer than
			 three qualified sources interested in the contract.
(3) Contractor selection shall be made on the
			 basis of the cost estimate and other pertinent information such as
			 qualifications, experience, reference check and project approach.
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 813-006-0035 - Contracting Procedure and Responsibility

Current through Register Vol. 63, No. 7, July 1, 2024
The procedures for screening and selection of personal service
				contractors, relating the responsible parties to their actions, are as
				follows:
(1) Consultants -- Action:
			 Submit qualifications, credentials, costs estimates, project approach and other
			 pertinent information relating to the project announcement.
(2) agency project manager -- Action:
(a) Determines that work on a project
			 requires the services of a consultant;
(b) Prepares cost estimate for
			 contract;
(c) Determines type of
			 selection and screening process to be used to select a contractor and obtains
			 approval of Director or his/her designee to begin contracting process for
			 consultant services;
(d) Maintains
			 a file on the selection and screening of applicants for consultant
			 services;
(e) Notifies prospective
			 contractors of projects for which Competitive Procurement or Small Purchase
			 Procurement Procedures will be used as required by OAR 813-006-0025  or
			 813-006-0030;
(f) Completes
			 screening and selection procedure and selects a contractor according to
			 Department rules;
(g) Forwards
			 draft of contract, Personal Service Contract Input Form, and Contractor
			 Selection and Justification Statement for contracts over $2,500 to the
			 Department's contract officer and to Director or his/her designee for
			 approval;
(h) Forwards draft of
			 contract that totals $25,000 or more to Attorney General for review and
			 approval of legal sufficiency, unless contract form has previously been
			 approved by Attorney General;
(i)
			 Obtains contractor's signature on approved contract; and
(j) When notified by the contract officer,
			 authorized contractor to begin work.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0040 - Discretionary 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, including terms and provisions of the Model Rules that
				the Department has adopted, unless such waiver, suspension, or modification
				would violate applicable federal or state law. The Director's waiver does not
				apply to any procurements subject to the Public Contracting Code. The
				Department's use of this waiver is intended to be limited in order to promote
				fair and open competition except in circumstances where the Director determines
				that the need for an alternative procurement process outweighs the public
				interest in a competitive procurement process.
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 813-006-0040 - Discretionary Action

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 As it deems necessary or appropriate for its purposes, the Department may waive
			 or deviate from the foregoing provisions of this Division to the extent the
			 Department's statutory authority to employ its own procurement and contracting
			 procedures allow. Factors that the Ddepartment may consider in waiving or
			 deviating from such provision or in determining what other procurement or
			 contracting procedures it will apply in a particular circumstance may include,
			 but are not limited to:
(a) Serving program
			 or other Department purposes;
(b)
			 Collaborating with reputable and effective partners;
(c) Leveraging past resources, experience, or
			 services;
(d) Efficiently and
			 effectively using department resources;
(e) Addressing exigent or unusual
			 circumstances;
(f) Advancing the
			 department or maintenance of safe, sanitary, and affordable housing;
(g) Advancing the delivery and effectiveness
			 or community services;
(h)
			 Building or sustaining the capacity of department partners;
(i) Promoting the coordination of relevant
			 skills, resources, and efforts;
(j) Educating persons and entities concerning
			 housing and community services needs and opportunities; and
(k) Ensuring compliance with department or
			 other applicable standards.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 6 - GENERAL PROCEDURES FOR PROCUREMENT › Section 813-006-0045 - Reinstatement of Expired Contract

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This rule applies to the Reinstatement of
			 expired or terminated Contracts.
(2) Requirements to Reinstate an expired or
			 terminated Contract:
(a) Before expiration or
			 termination, the Contract was properly signed by all parties;
(b) Then the signed Contract expired or was
			 terminated;
(c) The Department
			 Reinstates the Contract;
(d) The
			 Department's Designated Procurement Officer approves the request for
			 Reinstatement; and
(e) The
			 Department documents in the procurement file the reason for the Reinstatement,
			 any steps that the Department will take to prevent a reoccurrence; and an
			 acknowledgement that Reinstatement is in the best interest of the
			 Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0005 - General Purpose

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 007 is adopted to implement section
				9, chapter 816, Oregon Laws 2009, and sections 2, 3 and 4, chapter 619, Oregon
				Laws 2005, as amended by sections 10 to 12, chapter 816, Oregon Laws 2009, and
				sections 19, and 21, chapter 503, Oregon Laws 2011 for the purpose of
				regulating manufactured dwelling parks. These rules pertain to:
(1) Manufactured dwelling park advisory
			 committee.
(2) Annual registration
			 procedures.
(3) Annual
			 registration charges.
(4) Annual
			 registration notification reminders.
(5) Annual registration changes.
(6) Manufactured dwelling park continuing
			 education requirements.
(7)
			 Continuing education notification reminders.
(8) Approval of statewide nonprofit trade
			 association trainers.
(9) Civil
			 penalty assessment for noncompliance.
(10) Liens for noncompliance.
(11) Contested case hearings.
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4, 2009 OL Ch.
				  816, Sec. 9 & 2011 OL Ch. 503, Sec. 21
Stats. Implemented: 2009 OL Ch. 816 & 2011 OL Ch.
				  503
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0010 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Words and terms
			 used in OAR chapter 813, division 007 are consistent with the words and terms
			 used in 2005 Oregon Laws chapter 619 sections 2, 3 and 4 as amended by 2009
			 Oregon Laws chapter 816 and, except with regard to the definition of "manage"
			 in subsection (2) of this section, ORS Chapter 90.
(2) In relation to these rules and 2005
			 Oregon Laws chapter 619 sections 2, 3 and 4 and 2009 Oregon Laws chapter 816,
			 "manage" means the act of exercising administrative and supervisory direction
			 over the operations of a manufactured dwelling park and the residents who
			 reside therein; including but not limited to the ability to enter rental
			 agreements, to apply the park rules and the law to the residents and to give or
			 receive notices to the residents. Doing repair or passing information from
			 residents to the owner and back does not constitute managing.
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL
				  Ch. 816
Stats. Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0015 - Manufactured Dwelling Park Advisory Committee

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will appoint an advisory
			 committee to advise the department in drafting the rules required by 2009
			 Oregon Laws chapter 816 and to assist the department in implementing and
			 administering the duties of the department regarding the registration and
			 continuing education requirements established in 2005 Oregon Laws chapter 619,
			 sections 2 and 3.
(2) The advisory
			 committee shall include representatives of interested parties, including but
			 not limited to, representatives of manufactured dwelling park landlords and
			 representatives of manufactured dwelling park tenants.
(3) Committee members shall serve on a
			 voluntary basis without compensation for time, travel, or other
			 expenses.
(4) The department will
			 chair the committee, determine the number of committee members, provide
			 administrative support to the committee as the department deems appropriate,
			 and has the right to add or remove committee members as the department deems
			 appropriate subject to
			 813-007-0015(2).
(5) An advisory committee meeting will be
			 held at least once annually. The department may allow committee members to
			 attend meetings via conference call as the department deems
			 appropriate.
(6) The advisory
			 committee will review the penalties and charges described in 813-007-0060 and
			 their application and provide recommendations to the department.
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL
				  Ch. 816
Stats. Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0020 - Annual Registration Procedures

Current through Register Vol. 63, No. 7, July 1, 2024
(1) Every landlord of a manufactured dwelling
			 park shall register annually in writing with the Housing and Community Services
			 Department.
(2) The department will
			 develop appropriate forms and instructions for this registration and will make
			 this information available to manufactured dwelling park landlords through the
			 department's website or as the department otherwise deems
			 appropriate.
(3) Registration
			 required by the department will include but not necessarily be limited to the
			 following information:
(a) The name and
			 business mailing address of the manufactured dwelling park landlord and of any
			 person authorized to manage the premises of the park.
(b) The name of the park.
(c) The physical address of the park, and, if
			 different from the physical address, the mailing address.
(d) The telephone number of the
			 park.
(e) The total number of
			 spaces in the park.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0025 - Annual Registration Charges

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 The department will charge the manufactured dwelling park landlord a
			 registration charge of $100 for each manufactured dwelling park with more than
			 20 spaces and $50 for each manufactured dwelling park with 20 or fewer spaces
			 owned or managed by the manufactured dwelling park landlord. This charge is due
			 to the department on January 1st of each year along with the manufactured
			 dwelling park registration.
(2) The
			 manufactured dwelling park landlord shall pay the registration charge through
			 one of the allowed methods specified on the registration form.
(3) Manufactured dwelling park landlords must
			 specify the park or parks to be registered with each payment
			 submitted.
(4) The department may
			 assess additional charges to recover costs or waive charges as it deems
			 appropriate for the submission of changes and corrections to manufactured
			 dwelling park registrations.
Statutory/Other Authority: 2009 OL Ch. 816, Sec. 2, 3. 4
				  & 2005 OL Ch. 619
Statutes/Other Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0030 - Annual Registration Notification Reminders and Confirmation

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will send a written reminder notice to each manufactured dwelling park landlord
			 that holds a current registration.
(2) Requirements for sending written notice
			 will be met if the department sends a written reminder to the manufactured
			 dwelling park landlord's address on file with the department, or if the
			 department sends an email notification to the manufactured dwelling park
			 landlord's email address on file with the department within the timeline
			 specified in
			 813-007-0030(3).
(3) The department will send the reminder
			 notice to the address or email address in subsection (2) of this section at
			 least 2 weeks before the registration due date.
(4) The department will send confirmation in
			 writing or via electronic notification within 45 days to the manufactured
			 dwelling park landlord for each manufactured dwelling park registration and
			 manufactured dwelling park registration charge received.
(5) Requirements for sending a confirmation
			 notice will be met if the department sends the notice to the manufactured
			 dwelling park landlord's address on file with the department, or if the
			 department sends an email notification to the manufactured dwelling park
			 landlord's email address on file with the department within the timeline
			 specified in
			 813-007-0030(4).
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL
				  Ch. 816
Stats. Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0035 - Deposits to and Uses of Mobile Home Parks Account

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will deposit moneys from
			 registration charges and penalties collected under this division in the Mobile
			 Home Parks Account established pursuant to ORS
			 446.533. Notwithstanding
			 446.533, moneys deposited in the
			 account under this section are continuously appropriated to the department
			 solely for the purpose of implementing and administering the duties of the
			 department under sections 2 and 3, chapter 619 Oregon Laws 2005, and 2009
			 Oregon Laws chapter 816.
(2) The
			 department will institute such accounting measures as appropriate to
			 differentiate the funds from the registration charges and penalties described
			 in subsection (1) of this section from other funds within the Mobile Home Parks
			 Account. Deposits and interest earnings from the charges in this section will
			 be used for the programs and administration of programs of this
			 section.
(3) The department may use
			 funds from manufactured dwelling park registration charges and penalties as
			 appropriate for the administration of the account and the administration of all
			 aspects of manufactured dwelling park registration including notification,
			 collection, and enforcement.
(4)
			 The department may use funds from manufactured dwelling park registration
			 charges and penalties as appropriate for the administration of continuing
			 education requirements given in Section 3, chapter 619, Oregon Laws
			 2005.
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL
				  Ch. 816
Stats. Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0040 - Manufactured Dwelling Park Continuing Education Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) At least one
			 person for each manufactured dwelling park who has authority to manage the
			 premises of the park shall, every two years, complete four hours of continuing
			 education satisfactory to the department relating to the management of
			 manufactured dwelling parks. The training must be completed by personally
			 attending classes and cannot be satisfied by remote, self-study or online
			 training.
(2) The following apply
			 for a person whose continuing education is required:
(a) If there is any manager or owner who
			 lives in the park, the person completing the continuing education must be a
			 manager or owner who lives in the park.
(b) If no manager or owner lives in the park,
			 the person completing the continuing education must be a manager who lives
			 outside the park, or if there is no manager, an owner of the park.
(c) A manager or owner may satisfy the
			 continuing education requirement for more than one park that does not have a
			 manager or owner who lives in the park.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0045 - Continuing Education Notification Reminders

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department will annually send a
			 written reminder notice regarding continuing education requirements under this
			 section to each manufactured dwelling park at the address shown in the park
			 registration filed under section 2, chapter 619, Oregon Laws 2005.
(2) Requirements for sending written notice
			 will be met if the department sends a written reminder to the address on file
			 with the department, or if the department sends an email notification to the
			 email address on file with the department within the timelines specified in
			 813-007-0045(3).
(3) The department will send a reminder to
			 each manufactured dwelling park landlord at least 1 month before the due date
			 of the required continuing education.
(4) The department shall make information
			 available, as the department deems appropriate, regarding:
(a) The schedule of upcoming continuing
			 education classes available; and
(b) Contact information for those nonprofit
			 trade associations authorized to provide manufactured dwelling park continuing
			 education training.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0050 - Approval of Statewide Nonprofit Trade Association Trainers

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The department
			 will designate the nonprofit trade associations that are approved to provide
			 the required manufactured dwelling park continuing education class instruction.
			 Instruction from a non-approved provider does not satisfy the continuing
			 education requirements of this chapter.
(2) The department will develop a nonprofit
			 trade association manufactured dwelling park landlord trainer application for
			 those associations that wish to be authorized to provide continuing education
			 instruction. Associations pursuing authorization must submit the manufactured
			 dwelling park landlord trainer application through the department website or by
			 sending the application to:
Manufactured Communities Resource Center
Continuing Education Trainer Application
Oregon Housing and Community Services
725 Summer Street NE, Suite B
Salem, Oregon 97301
or other such address as the department may designate on its
				website.
(3) The
			 manufactured dwelling park landlord trainer application will require various
			 information from the nonprofit trade association including but not limited to:
(a) Current articles of incorporation for the
			 organization, showing the organization is currently a statewide non-profit
			 trade association.
(b)
			 Documentation demonstrating that the organization represents manufactured
			 housing interests.
(c) A copy of
			 the outline or topic areas the organization anticipates it will be using for
			 the training. Statute requires that at least half of the training cover ORS
			 Chapters 90, and 105.105 to
			 105.168, as well as fair housing
			 and other related law.
(d) A
			 schedule of the anticipated training dates.
(e) A plan for providing a record of
			 certificates of completion to the department.
(f) Documentation that demonstrates the
			 organization's qualifications to deliver training of this type, especially
			 regarding issues related to manufactured housing and/or fair housing.
(g) A plan to notify the training attendees
			 of the limitation of liability contained in 2005 Oregon Laws chapter 619
			 section 3 (4).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0057 - Civil Penalty Schedule

Current through Register Vol. 63, No. 7, July 1, 2024
(1) This
			 rule governs the application of a civil penalty under section 4, chapter 619,
			 Oregon Laws 2005, as amended by section 12, chapter 819, Oregon Laws 2009. A
			 landlord or owner is subject to a civil penalty for each act of noncompliance,
			 according to the following schedule of penalties:
(a) Failure to register and to pay
			 registration fee: an amount not to exceed $1,000
(b) Failure to register only: an amount not
			 to exceed $500.
(c) Failure to pay
			 registration fee only: an amount not to exceed $500.
(d) Late submission of a registration or
			 submission of an incomplete or inaccurate registration: an amount not to exceed
			 $300.
(e) Late submission of
			 registration fee or submission of less than the full amount of the registration
			 fee: an amount not to exceed $300.
(f) Failure to satisfy continuing education
			 requirements: an amount not to exceed $1,000.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0065 - Liens for Noncompliance

Current through Register Vol. 63, No. 7, July 1, 2024
If a civil penalty assessed under this section is not paid on
				or before 90 days after the order assessing the civil penalty becomes final by
				operation of law, the department may file the order with the county clerk of
				the county where the manufactured dwelling park of the landlord or owner is
				located as a lien against the park. In addition to any other available remedy,
				recording the order in the County Clerk Lien Record has the effect provided for
				in ORS 205.125 and
				205.126 and the order may be
				enforced as provided in
				205.125 and
				205.126.
Stat. Auth.: 2005 OL Ch. 619, Sec. 2, 3 & 4 & 2009 OL
				  Ch. 816
Stats. Implemented: 2009 OL Ch.
				  816
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 7 - MANUFACTURED DWELLING PARK › Section 813-007-0070 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Department may waive or modify any requirements of these
				rules upon a determination by it of good cause in order to promote the best
				interests of the program or of the department, unless such waiver or
				modification would violate applicable federal or state statutes or
				regulations.
Stat Auth: ORS
				  456.515 -
				  456.725
Stats. Implemented: ORS
				  456.515 -
				  456.725
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0001 - Purpose and Objective

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 009, is promulgated to accomplish the
				general purpose of ORS
				90.800 through
				90.840 and
				456.579 to
				456.581, which authorize the
				Housing and Community Services Department to provide certain assistance to
				qualified tenants' associations, tenants' association supported nonprofit
				organizations, and Facility Purchase Associations in purchasing their
				Manufactured Dwelling Park. The Manufactured Dwelling Park Purchase Program,
				established by these rules, is designed to assist Manufactured Dwelling Park
				residents in gaining control, through joint ownership of their Park, over
				rising rents and thereby avoid a declining quality of living.
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 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0005 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
The meanings of words and terms used in OAR chapter 813,
				division 009, are consistent with definitions in the Act, in 813-009-0005  and
				below. As used in chapter 813, division 009, unless the context indicates
				otherwise:
(1) "Act" means ORS
			 456.515 through
			 456.725, and, where applicable,
			 ORS 90.800 through
			 90.840.
(2) "Facility Purchase Association" means a
			 group of three or more tenants who reside in a Manufactured Dwelling Park and
			 have organized for the purpose of the eventual purchase of the Park.
(3) "Initial Costs" means costs incurred in
			 the purchase of the Park by the residents. Such costs may include, but are not
			 limited to:
(a) Legal fees;
(b) Appraisal fees;
(c) Engineering fees;
(d) Professional fees associated with Park
			 evaluation and management; and
(e)
			 Other costs or fees approved by the Department.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0010 - Application Procedure and Requirements

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A Qualified Facility Purchase
			 Association, a tenants' association, or a tenants' association supported
			 nonprofit organization, may submit to the Department an application for a loan
			 for Initial Costs for purchasing the Manufactured Dwelling Park in which its
			 members reside.
(2) The Department
			 may loan funds from the Park Purchase Account to such qualifying entities to
			 cover Initial Costs in the purchase of a Manufactured Dwelling Park subject to
			 factors including, but not limited to:
(a)
			 Loan limitations established from time to time by the Department;
(b) Feasibility considerations made by the
			 Department with respect to the proposed purchase;
(c) Competing requests for Park Purchase
			 Account funds; and
(d) A maximum
			 aggregate loan limit of $100,000 to any such entity. Furthermore, the
			 Department may from time to time elect to restrict or reduce the availability
			 of Park Purchase Account funds for Program loans in order to conserve such
			 funds in any manner that it seems prudent.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0015 - Application Review

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The Department
			 will reasonably act to acknowledge receipt of the application and to request
			 any additional information concerning the application within 30 calendar days
			 of its receipt of the application.
(2) The Department will reasonably act to
			 advise the applicant in writing of the action taken by the Department with
			 respect to the application within 60 calendar days of the Department's receipt
			 of the application and any additional information requested by the
			 Department.
(3) In reviewing an
			 application for a loan, the Department may consider factors including, but not
			 limited to the following:
(a) Factors related
			 to the availability of Park Purchase Account funds and the timing or amount of
			 any loan as referenced in OAR 813-009-0010;
(b) The accuracy and responsiveness of the
			 application;
(c) The validity and
			 organizational integrity of the applying entity;
(d) Whether or not the applying entity is a
			 Qualified Facility Purchase Association and, if so, the percentage of residents
			 in the Park that it represents.
(e)
			 The availability of other sources of funds or assistance for the purchase of
			 the Park and associated costs. Preference in the evaluation of applications may
			 be given by the Department to Qualified Facility Purchase Associations and,
			 among such associations, to those with the higher level of resident
			 representation.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0020 - Type of Loan Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department will confirm in writing to an applicant the amount of assistance, if
			 any, to be provided from the Park Purchase Account. Any assistance will be in
			 the form of a loan made pursuant to a controlling written instrument.
(2) The Department will establish the terms
			 of the loan, including (without limitation) its duration, interest rate and
			 repayment schedule at or prior to its issuance. Without the written approval of
			 the Director, the following loan limitations will apply:
(a) The initial duration of the loan shall
			 not exceed three years;
(b) The
			 initial interest rate on the loan shall not exceed the short-term money-market
			 rate at the time of loan funding; and
(c) The loan installment payment due dates
			 shall not be less than every three months.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 9 - MOBILE HOME PARK PURCHASE PROGRAM › Section 813-009-0035 - Waiver

Current through Register Vol. 63, No. 7, July 1, 2024
The Director, with the concurrence of the Council, may waive or
				modify any requirements of OAR 813, division 009, unless such waiver or
				modification would violate applicable state or federal law.
Stat. Auth.: ORS
				  90.800-90.840,
				  90.630, 813, 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 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0006 - Purpose and Objectives

Current through Register Vol. 63, No. 7, July 1, 2024
OAR chapter 813, division 10 is promulgated to carry out the
				provisions of ORS 456.515 through
				456.725, as they pertain to the
				administration by the Housing and Community Services Department (Department) of
				the Multi-Unit Housing Program. These rules and the related determinations
				constitute the Department's Multi-Unit Housing Program. The purpose of the
				program is to provide financing for the construction, rehabilitation and
				acquisition of multiunit housing in the State of Oregon for persons and
				families of lower income, while providing sufficient safeguards to protect the
				financial interest of the state.
Stat. Auth.: ORS 183,
				  456.515 -
				  456.725 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0011 - Definitions

Current through Register Vol. 63, No. 7, July 1, 2024
(1) All terms used
			 in OAR chapter 813, division 010, are defined in the Act, in OAR 813-005-0005  and herein.
(2) As used in OAR
			 chapter 813, division 010, unless the context indicates otherwise: "Multi-Unit
			 Project" or "Project" means housing containing more than one living unit for
			 lower income families or persons, and/or disabled persons, but not providing
			 continuous nursing care.
Stat. Auth.: ORS
				  90.800 -
				  90.840,
				  91.886, 183,
				  456.515 -
				  456.723 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0016 - Standard Underwriting Criteria

Current through Register Vol. 63, No. 7, July 1, 2024
In approving or disapproving any loan application, the
				Department and the State Housing Council shall consider, in addition to
				requirements elsewhere stated in the Program rules, the following
				criteria:
(1) The location of the
			 Project site, including its proximity to transportation, shopping, social,
			 commercial and recreational facilities, medical services, and such other
			 facilities and services as shall best serve the prospective
			 residents.
(2) Availability of
			 street, sewer, water, utilities and other public services.
(3) Availability of public
			 transportation.
(4) Financial
			 feasibility of the Project.
(5)
			 Architectural design, including aesthetic quality, soundness of construction,
			 energy efficiency, and suitability to the needs of the residents to be
			 served.
(6) Compliance with
			 applicable local comprehensive plan and land use regulations.
(7) Market demand.
(8) The financial strength, credit reputation
			 and history of the prospective Borrower.
(9) The experience of the developer,
			 contractors, architects, consultants and management agent in developing,
			 constructing and operating housing projects.
Stat. Auth.: ORS 183,
				  456.515 -
				  456.725 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.625 &
				  456.666
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0021 - Form of Loan Assistance

Current through Register Vol. 63, No. 7, July 1, 2024
(1) The
			 Department shall make loans to Eligible Borrowers under the terms of written
			 Commitments.
(2) Loans shall be
			 made directly with proceeds from the issuance of Bonds or other available funds
			 obtained by the Department. The Department may establish fees, charges,
			 premiums and interest rates, repayment terms, performance criteria and
			 reporting requirements as the Department considers appropriate or necessary for
			 the type, use and amount of Loan provided, including but not limited to the
			 following terms:
(a) The cost of borrowing
			 through Bond issuance;
(b) The
			 funds required to carry out the Multi-Unit Housing Program;
(c) Such other factors as the Department
			 considers appropriate or necessary.
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0029 - Transfer of Ownership

Current through Register Vol. 63, No. 7, July 1, 2024
(1) A
			 Borrower who has received a loan or Commitment from the Department shall not
			 transfer ownership, lease, or otherwise encumber any property which serves or
			 will serve as security for a loan from the Department without prior written
			 approval from the Department.
(2) A
			 transfer of ownership means a sale, conveyance or other transfer of:
(a) Any interest of a general
			 partner;
(b) Any interest in a
			 joint venture;
(c) More than 25
			 percent of the limited partner's interest;
(d) More than 10 percent of a corporate or
			 limited liability company owner's interest;
(e) Any individual interest when the
			 ownership is not a limited partnership, general partnership, joint venture,
			 limited liability company or corporation, or
(f) Any lease of the property (except tenant
			 leases done in the normal operation of the property).
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0032 - Approved Housing Borrowers

Current through Register Vol. 63, No. 7, July 1, 2024
(1)
			 Any person may apply to become a Borrower.
(2) To help the Department evaluate the
			 financial strength of a prospective Borrower to develop, own, maintain and
			 manage a Project, the prospective Borrower shall submit any documents, credit
			 reports and financial statements requested by the Department and consistent
			 with the provisions of the Equal Credit Opportunity Act as it relates to the
			 Department.
Stat. Auth.: ORS 183,
				  456.515 -
				  456.725 &
				  458.210 -
				  458.650
Stats. Implemented: ORS
				  456.555 &
				  456.625
Oregon Administrative Rules › Chapter 813 - OREGON HOUSING AND COMMUNITY SERVICES DEPARTMENT › Division 10 - MULTI-UNIT HOUSING PROGRAM › Section 813-010-0033 - Loans

Current through Register Vol. 63, No. 7, July 1, 2024
(1) To be eligible
			 to receive a loan, an Eligible Borrower shall comply with the terms contained
			 in the Commitment issued by the Department and those conditions of eligibility
			 set forth in the Program rules.
(2)
			 Each loan shall not exceed the total allowable project costs or 85% of the
			 appraised value of the Project, whichever is less,
(3) Except as determined by the Department,
			 each loan shall be insured by the Federal Housing Administration or be for a
			 Project which is the subject of a Housing Assistance Payments Contract between
			 the Department, the Department of Housing and Urban Development (HUD) and the
			 Borrower as well as an Annual Contributions Contract between the Department and
			 HUD pursuant to Section 8 of the National Housing Act. Where a loan is not
			 subject to such insurance or assistance payments, the Project shall be for
			 occupancy by persons eligible for other federal or state assistance payments
			 which would be paid at a level at least commensurate with the Borrower's annual
			 mortgage payments and operating expenses and which are certified to be likely
			 to continue at least at such level throughout the term of a loan.
(4) Each loan shall have a final maturity of
			 not more than 30 years and 62 days from the date of its making and shall be
			 secured by a first lien deed of trust on the property securing the loan. Loans
			 may be made to provide financing for newly-constructed or rehabilitated
			 Projects.
(5) Loan Documents shall
			 be on forms approved by the Department.
(6) Interest on a loan shall not exceed the
			 rate stated in the Commitment. In establishing the rates of interest applicable
			 to loans the Department shall take into account the rates of interest
			 applicable to Bonds. If the Department is able to charge an interest rate lower
			 than that specified in the Commitment, the Department may provide for the
			 reduction of principal and interest payment on the loan.
(7) Each loan shall provide for the monthly
			 collection of Escrow Payments to the extent permitted by law together with the
			 monthly installment of principal and interest. All such payments shall be:
(a) Held for the benefit of the Department in
			 an account in a financial institution acceptable to the Department and insured
			 to the full extent legally possible by the Federal Deposit Insurance
			 Corporation, or other similar federal insuring department; or
(b) Be held by the State of Oregon as
			 provided and required by law.