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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 1

DESCRIPTIVE AND PROCEDURAL RULES

813-001-0002

General Purpose

OAR chapter 813, division 001, is promulgated to provide an overview of the Housing and Community Services Department and related entities and to describe general procedural rules with respect to the review and approval or disapproval by the State Housing Council of certain housing grants, loans and other funding awards proposed to it by the Director of the Department.

Stat. Auth.: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Stats. Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Hist.: OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 2-2006, f. & cert. ef. 1-31-06

813-001-0003

Organization Description

(1) The Housing and Community Services Department is a state housing finance department, and also serves as the central source of housing data and program information in the state. The Department, established pursuant to ORS 456.555, operates under the direction and control of a Director appointed by the Governor. The primary duties and powers of the Director are described in 456.555(3), (4), (5) and (7). The primary housing-related powers and duties of the Department, including its bonding authority, are more specifically set out in 456.515 through 456.725 and 90.630. The Department also administers other housing and community services programs. These Department powers and duties are primarily set out in 458.005 through 458.740.

(2) The State Housing Council is established under ORS 456.567. The Council consists of seven members appointed by the Governor subject to confirmation by the Senate. The Council advises the Department regarding its biennial budget and, with the advice of the Director, develops policies to aid in stimulating and increasing the supply of housing for lower-income Oregonians. The Council, with the advice of the Director, approves or disapproves rules and standards for Department housing programs. It also approves or disapproves certain housing loans, grants and other housing funding awards proposed by the Director. Council powers and duties are primarily set out in 456.555(6)(a), 456.567(6) and 456.571.

(3) The Low Income Energy Assistance Advisory Committee is established under ORS 458.515. Members are appointed by the Director based on a demonstrated interest in and knowledge of low income energy assistance programs. The Committee is required to meet at least twice a year to advise and assist the Department regarding low income program rules, policies and programs provided for under 458.510.

(4) The Hunger Relief Task Force is established under ORS 458.532. It consists of 24 members appointed in a manner consistent with Subsection (1) ORS 458.532. The Task Force is required to meet at least once a month. Its duties and powers are enumerated in 458.545 and, among other things, include serving as the designated state unit on hunger and as an advocate for hungry persons.

(5) The Community Development Incentive Advisory Board is established pursuant to ORS 458.710. It consists of 15 members appointed in a manner consistent with Subsection (1) of ORS 458.710. The duties and powers of the Board are enumerated in ORS 458.715 and, among other things, include developing community development program guidelines, reviewing applications for funding from the Community Development Incentive Project Fund, making funding recommendations to the Director, and reviewing proposals for cooperative agreements or joint projects between the Department and other agencies.

(6) The Oregon Commission on Voluntary Action and Service is established pursuant to ORS 458.555. It consists of 15-25 members appointed in a manner consistent with 458.555 and in accordance with membership requirements enumerated in 458.558 and 458.563. The duties and powers of the Commission are enumerated in 458.568 and 458.570 and, among other things, includes the development of programs and oversite of administration of programs granted to Oregon by the Corporation for National and Community Service under the National and Community Service Trust Act of 1993; development of a statewide plan to meet or exceed the Oregon benchmark on volunteerism; engaging citizens in service, strengthening communities, and creating statewide access for all Oregon citizens to a variety of volunteer opportunities; promoting the value of service learning as an educational strategy in the kindergarten through higher educational systems; and promoting recognition of volunteerism and service.

(7) The Community Action Directors of Oregon means an organization described in ORS 458.505. Pursuant to 456.555, the Community Action Directors of Oregon advises the Department and the State Housing Council on community service programs as determined by the Director and as set forth in 458.505. Pursuant to 458.505, the Community Action Directors of Oregon delivers antipoverty programs in Oregon, including the Community Services Block Grant, Low Income Energy Assistance Program, and State Department of Energy Weatherization Program.

Stat. Auth.:ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Stats. Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Hist.: 1HD 7-1984, f. & ef. 9-4-84; HSG 11-1987, f. & ef. 4-16-87; HSG 3-1989(Temp), f. & ef. 6-8-89; HSG 4-1989, f. & cert. ef. 11-3-89; HSG 2-1991(Temp), f. & cert. ef. 8-7-91; HSG 8-1991, f. & cert. ef. 12-23-91; Renumbered from 813-001-0001, OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; Renumbered from 813-001-0001, OHCS 2-2006, f. & cert. ef. 1-31-06

813-001-0007

Procedural Rules for State Housing Council Review and Determination with Respect to Certain Housing Loan, Grant and Other Funding Award Proposals by the Director

(1) The Director or the Director's Department designees shall submit proposed loan, grant or other funding award proposals arising under ORS 456.515 to 456.725 programs to the State Housing Council for review and approval if the proposal is for:

(a) A proposed single-family loan on property with a purchase price which, when reduced by costs of purchase other than the Department loan, is equal to or greater than seventy-five percent of the applicable area program purchase price limit or $190,000, whichever is greater; or;

(b) A housing grant or other housing funding award with respect to a multifamily housing project equal to or greater than $200,000 per funding source with an aggregate minimum threshold per project of $400,000.

(2) The Council shall review each loan, grant or other funding award proposal submitted by the Director under this section and approve or disapprove the loan, grant or other funding award proposal. An approval by the Council of any loan, grant or other funding award may be partial or in full and may contain any conditions that the Council may prescribe.

(3) Formal Council review of loan, grant or other funding award proposals under this section shall be conducted in a public meeting, whether in person or by telephone or other electronic means. The Council may go into executive session, as appropriate, in the course of its review. A Council public meeting notice, when required by ORS 192.640, shall include notice of the loan, grant or other funding award proposal review, the names of the applicants, and the subject of the loan, grant or funding award proposal. The Council also shall provide notice of any loan, grant or other funding award proposal review to the loan, grant or other funding award applicant not less than five days before the review hearing.

(4) The public may contact the Department for available information with respect to prospective Council review of loan, grant or other funding award proposals by telephoning (503) 986-2000 or addressing written correspondence to: Oregon Housing and Community Services Department, 725 Summer Street NE, Suite B, Salem OR 97301.

(5) Procedural rules addressing other programs administered by the Department are included, where applicable, in other divisions of this chapter. Additional procedural rules with respect to the review and approval of housing grants, loans and other funding awards also may be included, where applicable, in other divisions of the chapter.

Stat. Auth.: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Stats. Implemented: ORS 90.630, 90.771 - 90.775, 90.800 - 90.840, 183, 315.271, 317.097, 446.525 - 446.543, 456.515 - 456.725, 458.210 - 458.365, 458.405 - 458.460, 458.505 - 458.740, 566.310 - 566.350 & 757.612 - 757.617
Hist.: OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 2-2006, f. & cert. ef. 1-31-06; OHCS 8-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13; OHCS 19-2013, f. & cert. ef. 12-18-13; OHCS 24-2014(Temp), f. & cert. ef. 4-17-14 thru 10-14-14

813-001-0009

Model Rules of Procedure Governing Rulemaking

The Housing and Community Services Department adopts as its rules of procedure the Model Rules of Procedure as promulgated by the Attorney General of the State of Oregon under the Administrative Procedures Act and in effect on January 1, 2008. The rules governing contested case proceedings, OAR 137-003-0000 to 137-003-0092, and OAR 137-003-0501 to 137-003-0700, when the Department refers a contested case to the Office of Administrative Hearings for assignment of an Administrative Law Judge, apply only for the following purposes:

(1) Imposition of civil penalties under section 4, chapter 619, Oregon Laws 2005 as amended by section 12, chapter 816, Oregon Laws 2009; and

(2) Contesting a determination by the Department under OAR 813-007-0270, as authorized by OAR 813-007-0280.

[ED. NOTE: The Attorney General’s Model Rules of Procedure are available from the office of the Attorney General or the Housing and Community Services Department.]

Stat. Auth.: ORS 183.341
Stats. Implemented: ORS 183.025, 183.090 & 183.310 - 183.550
Hist.: OHCS 7-2010, f. & cert. ef. 6-17-10

813-001-0011

Waiver

The Director may waive or modify any requirements of OAR 813, division 001, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 91.886, 183 & 456.555
Stats. Implemented: ORS 90.800 - 90.840, 91.886, 456.515, 456.725 & 458.005 - 458.740
Hist.: OHCS 2-2005(Temp), f. & cert. ef. 8-4-05 thru 1-31-06; OHCS 2-2006, f. & cert. ef. 1-31-06

813-001-0060

Lay Representative, Contested Cases Involving Civil Penalty

(1) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted by the Department or by the Office of Administrative Hearings on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(2) Subject to the approval of the Attorney General, an officer or employee of the Department is authorized to appear on behalf of the Department in a contested case hearing conducted before another agency on a civil penalty assessed by the Department against a landlord or owner of a manufactured dwelling park pursuant to section 4, chapter 619, Oregon Laws 2005.

(3) A representative of the Department under section (1) of this rule may not make legal argument on behalf of the Department, including an argument on any of the following:

(a) The jurisdiction of the Department to hear the contested case;

(b) The constitutionality of a statute or rule or the application of a constitutional requirement to the Department or an agency generally; or

(c) The application of court precedent to the facts of the particular contested case proceeding.

(4) A representative of the Department under section (1) of this rule may do any of the following:

(a) Examine and cross-examine witnesses;

(b) Present motions, evidence and factual arguments; and

(c) Present arguments on any of the following matters:

(A) The application of a statute or rule to the facts in the contested case;

(B) Comparison of prior actions of the Department in handling similar situations;

(C) The literal meaning of a statute or rule directly applicable to an issue in the contested case;

(D) The admissibility of evidence; and

(E) The correctness of procedures being followed in the contested case hearing.

Stat. Auth.: ORS 183.452
Stats. Implemented: ORS 183.452 & 2005 OL ch. 619 sec. 4
Hist.: OHCS 15-2010(Temp), f. & cert. ef. 12-1-10 thru 5-29-11; OHCS 6-2011, f. & cert. ef. 5-25-11

The official copy of an Oregon Administrative Rule is contained in the Administrative Order filed at the Archives Division, 800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the published version are satisfied in favor of the Administrative Order. The Oregon Administrative Rules and the Oregon Bulletin are copyrighted by the Oregon Secretary of State. Terms and Conditions of Use

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Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

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