Oregon Bulletin
March 1, 2011
Rule
Caption: Provides clarification on the
program requirements, program administration and monitoring.
Adm.
Order No.: OHCS 1-2011
Filed with Sec. of
State: 2-7-2011
Certified to be
Effective: 2-7-11
Notice Publication
Date: 1-1-2011
Rules Adopted: 813-230-0007
Rules Amended: 813-230-0000, 813-230-0005, 813-230-0015
Rules Repealed: 813-230-0000(T), 813-230-0005(T), 813-230-0007(T),
813-230-0015(T)
Subject: 813-230-0000 – Clarifies the terminology used
within the rules.
813-230-0005
— Provides clarification on the antipoverty programs and the eligible
entities that will be used to administer the programs.
813-230-0007
— Sets out the selection criteria and requirements for eligible entities.
813-230-0015
— Stipulates that the program is subject to periodic monitoring by the
Department and sets out the requirements.
Rules Coordinator: Sandy McDonnell—(503) 986-2012
813-230-0000
Definitions
(1) “Administrator” means the Community Services
Division administrator of HCS.
(2) “CAAs” means public or private nonprofit Community
Action Agencies as defined under U.S. Public Law 97-35, ORS 456.555 and
Community Services Block Grant Administrative Rules.
(3) “Department” means the Oregon Housing and Community
Services Department.
(4) “Director” means the Director of HCS.
(5) “Division” means the Community Services Division
located in agency (HCS).
(6) “Governor” means the Governor of the State of
Oregon.
(7) “OHDC” means Oregon Human Development Corporation,
a private, nonprofit agency which serves migrant workers and families.
Stat. Auth.: ORS 184.082 &
458.505 - 458.515
Stats. Implemented: ORS 458.505 -
458.515
Hist.: HR 3-1987, f. & ef.
12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0000;
HSG 9-1993, f. & cert. ef. 10-1-93; Administrative correction 6-17-05; OHCS
9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. &
cert. ef. 2-7-11
813-230-0005
Administration of Community Action
Agencies
(1) The Housing and Community Services Department is
designed by the Governor as a state agency for administering state and federal
antipoverty programs. The federal antipoverty programs are the Community
Services Block Grant, the Low-Income Energy Assistance Block Grant, the United
States Department of Energy Weatherization Assistance Program, the Emergency
Shelter Grant Program and any other federally funded program that benefits
low-income programs.
(2) The Community Services Division of the Department
administers the federal anti-poverty programs through subcontracts with
community action agencies, the Oregon Human Development Corporation and other
eligible entities.
(3) The Community Action Partnership of Oregon performs
the function of providing advice and recommendations to the Department
regarding administration and funding of antipoverty programs.
Stat. Auth.: ORS 184.082 &
458.505-458.515
Stats. Implemented: ORS
458.505-458.515
Hist.: HR 3-1987, f. & ef.
12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0005;
HSG 9-1993, f. & cert. ef. 10-1-93; Administrative correction 6-17-05; OHCS
9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. &
cert. ef. 2-7-11
813-230-0007
Initial Requirements
(1) A community action agency, the Oregon Human
Development Corporation or any other eligible entity under ORS 458.505 may
administer an antipoverty program to which ORS 458.505 or 458.510 applies only
if the entity has entered a contract for that purpose with the Department, on
terms established by the Department.
(2) In an area of the state served by a community
action agency, unless the Department determines that the agency is incapable of
effective program administration, the agency has the right of first refusal in
a contract for antipoverty program administration.
(3) In an area of the state not served by a community
action agency, the Department may distribute federal antipoverty funds other
than the Community Service Block Grant to an agency that the Department has
identified as able effectively to serve low income populations because of the
agency’s established service delivery system.
(4) For each program, allocation of program funds to
service areas is subject to a formula established by the Department prior to
the allocation process. The Department in its sole discretion may modify a
formula at any time.
(5) The Department may fund only one agency in a
service area unless the Department in its discretion decides to allow two
agencies to operate within a common service area. The two agencies may so
operate only if the Department and the two agencies enter into a memorandum of
agreement that ensures full access to the program services for all eligible
persons in the service area and prevents duplication of services.
(6) To provide a program service or activity in the
service area of an agency, the agency may subcontract with a nonprofit
corporation established under ORS chapter 65, a housing authority established
under ORS 456.055 to 456.235 or a local government as defined in ORS 197.015.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 -
458.515
Hist.: OHCS 9-2010(Temp), f. &
cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11
813-230-0015
Monitoring
(1) An agency that contracts with the Department under
an antipoverty program subject to this Division is subject to periodic
monitoring by the Department as stipulated by the funding source for the
agency.
(2) For the purpose of this rule, monitoring of an
agency includes but is not limited to the following:
(a) Specific monitoring requirements for the program in
this Division;
(b) Inspection of client files, program records and
reports, and fiscal records, including original receipts for expenditures;
(c) Review of compliance with contract provisions, and
with state and federal regulations; and
(d) An interview at the beginning and at the end of the
monitoring.
(3) The Department may notify an agency of problems
found in the monitoring. If the Department determines that the recordkeeping is
deficient or that the agency does not comply with contract provisions or with
state or federal regulations, the Department may issue preliminary findings
that:
(a) Provide specific examples of each deficiency and
noncompliance;
(b) Request corrective action on each deficiency or
noncompliance; and
(c) Offer assistance in developing a corrective action
plan.
(4) An agency shall respond to a preliminary finding
not later than the 30th day after the date on which the agency received the
preliminary findings. The response must include a corrective action plan that
addresses each identified deficiency and noncompliance or must explain why the
preliminary findings were in error. The response is subject to reply by the
Department as to whether the Department accepts or rejects the response in
whole or in part. The agency may submit to the Department a corrective action
plan for any remaining, unresolved deficiency or noncompliance not later than
the 20th day after receipt of the Department’s notification.
(5) If the Department determines that any unresolved
deficiency or noncompliance remains after submission of a corrective plan under
section (4) of this section, the Department may transmit to the agency a
finding of facts that:
(a) Details the specific deficiencies and
noncompliances and any required corrective actions; and
(b) Establishes a time period for corrective action to
take place.
(6) At the end of the time period for corrective action
under section (5) of this rule, if specific corrective actions have not been
effected, the agency is subject to regulatory action by the Department,
including the withholding of funds, disallowance of costs, suspension of
contract or termination of contract.
Stat. Auth.: ORS 184.082 &
485.505-515
Stats. Implemented: ORS
458.505-515
Hist.: HR 3-1987, f. & ef.
12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0015;
HSG 9-1993, f. & cert. ef. 10-1-93; OHCS 5-2004(Temp), f. & cert. ef.
12-17-04 thru 6-14-05; Administrative correction 6-17-05; OHCS 9-2010(Temp), f.
& cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11
Notes
1.) This online version of the OREGON BULLETIN is provided for convenience of reference and enhanced access. The official, record copy of this publication is contained in the original Administrative Orders and Rulemaking Notices filed with the Secretary of State, Archives Division. Discrepancies, if any, are satisfied in favor of the original versions. Use the OAR Revision Cumulative Index found in the Oregon Bulletin to access a numerical list of rulemaking actions after November 15, 2010.
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