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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 145

EMERGENCY SHELTER GRANT PROGRAM

813-145-0000

Purpose

OAR chapter 813, division 145, is promulgated to accomplish the general purposes of ORS 458.505 to 458.545, and particularly 458.505 to 458.515, which authorize the Housing and Community Services Department to establish programs to assist homeless persons and those persons who are at risk of homelessness by providing funds to supplement existing local programs or to establish new programs. The administrative rules in this division describe the Emergency Solutions Grant Program, which operates through a network of service agencies at the local level. The program's purpose is to assist individuals, families and households to quickly regain stability in permanent housing after experiencing a housing crisis or homelessness.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0010

Definitions

All words and terms as used in OAR chapter 813, division 145 are defined in the act, in 813-005-0005 and below. As used in OAR chapter 813, division 145, unless the context indicates otherwise:

(1) "Administrative costs" mean all program costs that are not directly related to delivery of program services under OAR chapter 813, division 145.

(2) "Community action agency" or "CAA" means a private, nonprofit corporation organized under ORS Chapter 65, or an office, division or agency of a political subdivision designated as a community action agency pursuant to the Economic Opportunity Act of 1964 by the U.S. Department of Health and Human Services, which meets the requirements outlined in ORS 458.505(4).

(3) “Department” means the Housing and Community Services Department for the state of Oregon.

(4) “Emergency Solutions Grant Program operations manual” or “program manual” means the Emergency Solutions Grant Program manual as amended from time to time, incorporated herein by this reference.

(5) "Funding application" means the subgrantee agency’s application to the department for a program grant.

(6) “HMIS” means the Homeless Management Information System.

(7) "Homeless" means an individual, family or household that lacks a fixed, regular and adequate nighttime residence in accordance department categorical definitions. Categorical definitions are contained in the program manual.

(8) "Household" means an individual living alone, family with or without children, or a group of individuals who are living together as one economic unit.

(9) “HUD” means the U.S. Department of Housing and Urban Development.

(10) “Program” means Emergency Solutions Grant Program administered by the department pursuant to this division and other applicable law.

(11) “Program requirements” means all funding agreement terms and conditions (including work plan objectives), department directives (including deficiency notices), and applicable state, local, and federal laws and regulations (including these rules, other applicable department rules and the manual), executive orders, local ordinances and codes.

(12) "Program services" means allowable services for street outreach, emergency shelter, rapid re-housing, homelessness prevention and data collection activities as defined in the department program manual and eligible for funding under the program.

(13) “Service area" refers to the specific geographic area or region within which a subgrantee agency provides program services directly or by contract.

(14) "Subgrantee agency" means a private, nonprofit corporation organized under ORS Chapter 65; a housing authority established under 456.055 to 456.235, or a local government as defined in 197.015 with whom the department has contracted to administer program services at the local level.

(15) "Subcontractor” means a nonprofit corporation established under ORS Chapter 65, a housing authority established under 456.055 to 456.235, or local government as defined in 197.015, contracting with a subgrantee agency to provide program services.

(16) "Work plan" or “plan” means the subgrantee agency's plan for the use of program funds as approved by the department, which is part of its approved funding application, and included in its funding agreement with the department.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0020

Administration

(1) The department may contract with subgrantee agencies to provide program services at the local level. In a service area where a community action agency exists, the community action agency has a conditional right of first refusal to serve as the subgrantee agency for the service area.

(2) The department normally will allocate program funds to subgrantee agencies for the various service areas through a formula established by the department prior to the allocation process. However, the department reserves the right to modify that formula at any time in its sole discretion.

(3) A subgrantee agency may subcontract with other organizations that meet the requirements of ORS 458.505(4) to provide program services in the subgrantee agency's service area.

(4) A subgrantee agency shall identify potential applicants, certify eligibility for program services, and provide program services to eligible households within its service area. Whenever appropriate, program participants will be assisted in accessing other services designed to meet other, longer-term needs.

(5) The department normally will fund only one subgrantee agency within any service area. However, the department may, in its sole discretion, allow two or more subgrantee agencies to operate within a common service area. In such cases, the subgrantee agencies shall enter into a written agreement with the department, satisfactory to the department in its sole discretion, in order, inter alia, to insure full access to program services for all eligible persons within the service area to the extent of available funding and to prevent duplication of services.

(6) The department may conduct reviews, audits, and other compliance monitoring — and take such remedial action — as it deems appropriate with respect to each subgrantee agency and its subcontractors, inter alia, to assure compliance with program requirements.

(7)(a) The department may take such remedial action as it deems appropriate including, but not limited to terminating its funding agreement with a subgrantee agency and requiring repayment of all program funding, if it determines (in its sole discretion) that the performance of the subgrantee agency or any of its subcontractors is deficient in any manner, including with respect to program requirements.

(b) The department may, but is not required to issue deficiency notices and require the subgrantee agency to correct such deficiencies in a manner satisfactory to the department within a period of time designated by the department. If any such deficiency notices are issued, the subgrantee shall fully correct such deficiencies to the department’s satisfaction within the time specified.

(c) Issuance of a deficiency notice shall not constitute a waiver of other remedies available to the department or preclude the department from exercising such other remedies available to it under the funding agreement or other program requirements, at law or otherwise.

(8)(a) A subgrantee agency may expend up to an amount authorized by the department in writing for reimbursement of reasonable and appropriate administrative costs.

(b) If a subgrantee agency subcontracts with another organization to provide program services, that organization may expend up to an amount for administrative costs that does not exceed its proportionate share of the amount authorized by the department for reasonable and appropriate administrative costs of the funding award.

(9) A subgrantee agency and its subcontractors shall comply with the terms of the funding agreement and all other program requirements, including but not limited to department directives (including deficiency notices), applicable local, state and federal laws, rules (including the (program manual regulations, executive orders, local ordinances and codes.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0025

Client Eligibility

Program services shall be available to homeless individuals, families and households in accordance with department categorical definitions as defined in the department program manual and to the degree permitted by funding levels.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0030

Use of Funds

(1) Program funds may be used only for homeless services within the allowable program activities as further defined in HUD regulations and the department program manual.

(2) Program funds provided by the department shall not be used by a subgrantee agency to replace existing funds, but may be used to supplement existing funds or to support existing programs or establish new programs.

(3) Use of program funds must be in accordance within the allowable homeless services category percentages as determined by the department.

(4) A subgrantee agency must provide matching funds for the program through cash or in-kind contributions equal to the amount. Matching funds must be from sources approved by the department, which may include local, private or other federal and state funds.

Stat. Auth.: ORS 458.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0040

Funding Application

(1) Prior to providing program services, a subgrantee agency shall submit, on a biennial basis, a funding application satisfactory to the department, including a work plan, which must be approved in writing by the department before being operative. The subgrantee agency shall adhere to the department’s requirements and deadlines for obtaining approval of this funding application. A funding application is subject to approval, including as modified by the department, or disapproval by the department.

(2) A subgrantee agency's funding application shall include details satisfactory to the department on how the subgrantee agency provided a meaningful opportunity for participation in the development of the work plan by the local continuum of care local service providers, advocates, clients, businesses, churches, governments, and other interested stakeholders.

(3) A subgrantee agency’s funding application must meet all requirements established by the department for the form and content of the funding application. In cases where a community action agency has the conditional right of first refusal for antipoverty program administration, and the community action agency cannot meet the requirements for the form and content of the application, the department, in its sole discretion, may allow other eligible organizations to submit a funding application.

(4) Funding applications will be evaluated by the department for sufficiency with respect to application and other program requirements.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0050

Recordkeeping and Reporting

(1) Subgrantee agencies shall maintain accurate financial records satisfactory to the department, which document, inter alia, the receipt and disbursement of all funds provided through the program by the department, and have an accounting system in place satisfactory to the department, which meets, inter alia, generally accepted accounting principles.

(2) Subgrantee agencies also shall maintain other program records satisfactory to the department, which document, inter alia, client eligibility, receipt of allowable program services, termination of services and bases for same, housing status of clients, administrative actions, contracts with subcontractors, review of subcontractor performance, action taken with respect to deficiency notices, and any administrative review proceedings. Such records shall be in substance and format satisfactory to the department.

(3) Subgrantee agencies shall provide the department with the following reports, in form and substance satisfactory to the department:

(a) Within 20 days following the end of each calendar quarter, a program report detailing the progress made toward meeting the program performance measures and service delivery objective(s), and a fiscal report detailing all administrative and program costs;

(b) Within 60 calendar days after the close of the subgrantee agency's fiscal year, annual program and fiscal reports;

(c) Within 60 days after the close of the program, final program and fiscal reports.

(4)(a) Subgrantee agencies and their contractors shall make all program records available to the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives for inspection and copying.

(b) Subgrantee agencies and their contractors shall cooperate fully in any inspections or other monitoring actions taken by the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives.

(c) Subgrantee agencies shall retain and keep accessible all such program records for a minimum of 5 years, or such longer period as may be required by applicable law, following final payment and termination of program involvement, or until the conclusion of any audit, controversy or litigation arising out of or related to the program, whichever date is later.

(5) Subgrantee agencies shall timely and accurately collect and report eligible family household data to the department through the use of a department approved HMIS. Such data collection and reporting shall be satisfactory to the department. .

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0060

Compliance Monitoring; Subcontractor Obligations

(1) The department may from time to time audit or otherwise review a subgrantee agency's program activities and records as the department determines to be appropriate, inter alia, to verify compliance with program requirements.

(2) In addition to the requirement of subsection (1) of this section, a subgrantee agency is also subject to any specific audit requirement applicable to the program.

(3) If a subgrantee agency receives federal funds in excess of $300,000 in a fiscal year, the subgrantee agency shall conduct a single audit in compliance with Office of Management and Budget (OMB) Circular A-133, as revised June 24, 1997, June 6, 2003 and June 26, 2007 and most recent compliance supplements. If a subgrantee agency receives federal funds between $100,000 and $300,000 in a fiscal year, the subgrantee agency may elect to have a "program only" audit as provided in the same circular. A copy of the audit must be submitted to the department after its completion.

(4) Subgrantee agencies shall require by contract that their subcontractors comply with all program requirements, including but not limited to retention of records and department compliance monitoring and enforcement.

[Publications: Publications referenced are available from the agency.]

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0070

Challenge of Subgrantee Action

(1) Local interest groups, service providers or others aggrieved by a subgrantee agency with respect to its program obligations may submit a written request to the department for its review of such contested action, but only after first exhausting the applicable administrative review process furnished by the relevant subgrantee agency and within thirty (30) days of that administrative review determination.

(2) The department may accept or deny a request for its review in whole or in part, at its sole discretion. Any department review will be in the manner determined appropriate by the department and may include, but shall not necessarily be limited to review of provided information.

(3) If the department accepts the review request, the requester of the review, the subgrantee agency, and relevant contractors shall produce all information required by the department, including requested affidavits or testimony.

(4) The department may make a determination on a review request and require such remedial action as the department determines, in its sole discretion, to be appropriate.

(5) Department review shall not take the form of a contested case review under ORS Chapter 183 unless specifically so stated by the director in writing.

(6) Timely request for department review by an aggrieved person or entity and its completion to final order by the department are requirements for exhaustion of administrative remedies by such aggrieved person or entity.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0080

Review by Subgrantee

(1) Subgrantee agencies shall establish in writing a process satisfactory to the department that in a timely manner, enables beneficiaries of and applicants for program services to contest a determination by the subgrantee agency or its subcontractors that:

(a) Denies or limits the eligibility of a beneficiary or applicant for the benefits or other assistance; or

(b) Terminates or modifies benefits or other assistance awarded by the subgrantee agency or subcontractor to a beneficiary.

(2) Persons aggrieved by the action of a subgrantee agency or its subcontractors described in subsection (1) may request administrative review of such action by the subgrantee agency within the time frame and pursuant to the process established by the subgrantee agency consistent with program requirements. At all times, the subgrantee agency must allow a minimum of thirty (30) days within which an aggrieved person may request review from the time of the contested action or the aggrieved person’s reasonable discovery of such action, whichever is longer.

(3) The subgrantee agency must inform the department in writing of any request by an aggrieved party for administrative review within ten (10) days of such request.

(4) The subgrantee agency must inform the department and the aggrieved party in writing of any final administrative review determination made by the subgrantee agency, and the basis for same, within ten (10) days of such final determination.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-145-0090

Waiver

The Director may waive or modify any requirements of the rules in OAR 813, division 145, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 458.505 - 458.545
Stats. Implemented: ORS 458.505 - 458.545
Hist.: OHCS 5-2001(Temp), f & cert. ef. 12-7-01 thru 5-26-02; OHCS 5-2002, f. & cert. ef. 5-15-02; Suspended by OHCS 3-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 17-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

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