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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 210

COMMUNITY SERVICES BLOCK GRANT PROGRAM

813-210-0001

Purpose and Objectives

OAR 813, division 210, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, specifically 458.505 to 458.515, which designates the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. OAR 813, division 210, describes the Community Services Block Grant Program, which operates at the local level through a network of Subgrantee Agencies. The Program’s objective is to remove obstacles and solve problems which block the achievement of self-sufficiency for Low-Income Households.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: OHCS 2-2002, f. & cert. ef. 4-15-02; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0009

Definitions

All terms used in OAR 813, division 210, are defined in the Act, in 813-005-0005 and in this 813-210-0010. As used in OAR 813, division 210, unless otherwise indicated by the context:

(1) “CSBG” means Community Services Block Grant.

(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 by the Department of Health and Human Services as a community action agency pursuant to the Economic Opportunity Act of 1964, which meets the requirements outlined in ORS 458.505(4).

(3) “Household” means an individual living alone or a group of individuals who are living together as one economic unit.

(4) “Low-Income Household” means a Household whose gross annual income is at or less than the Poverty Line, or a Household who, because of circumstances, is susceptible to the conditions of poverty.

(5) “Migrant and Seasonal Farmworker Organization” means a private nonprofit organization organized under ORS Chapter 65 that serves migrant and seasonal farmworkers and their families.

(6) “Funding Application” means the grant request (including the Subgrantee Agency’s biennial planning document) submitted by a Subgrantee Agency to the Department.

(7) “Political Activity” means an attempt or activity to influence or affect elections and/or nominations; to directly or indirectly coerce contributions for use on elections; to provide voters and prospective voters with transportation to polls or similar activities; or to provide assistance with an election or voter registration activity.

(8) “Population” means inhabitants of a political subdivision as enumerated by the U.S. Census, or official state estimates prepared by the Center for Population Research and Census at Portland State University.

(9) “Poverty Line” means the official standard established by the Secretary of the U.S. Department of Health and Human Services.

(10) “Program” means the Community Services Block Grant Program.

(11) “Service Area” means the specific geographic area or region within which a Subgrantee Agency provides Program services and activities directly or by contract.

(12) “Subgrantee Agency” means a local Community Action Agency or organization with whom the Department has contracted to administer Program services and activities at the local level.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: HR 5-1982, f. & ef. 2-5-82; HR 3-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-060-0000; HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 4-15-02, Renumbered from 813-210-0000; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0010 [Renumbered to 813-210-0025]

813-210-0015

Funding Application

(1) In order to be eligible for Program funds, a Subgrantee Agency shall, within 90 days prior to the beginning of the Program’s year submit a Funding Application to the Department. All Funding Applications approved by the Department shall remain on file with the Department.

(2) A Subgrantee Agency’s Funding Application shall contain, at a minimum, the following:

(a) A description of both the programmatic and administrative capabilities of the Subgrantee Agency to carry out the activities as set forth in OAR 813-210-0020;

(b) A description of how the Subgrantee Agency determines its community’s needs, including what forum it used to solicit input and who participated in the forum;

(c) A needs assessment for the Service Area;

(d) A narrative for each service or activity of the Subgrantee Agency funded by the Program describing with specificity the goals, objectives and any other information required by the Department, which shall include, but not be limited to:

(A) Achievement of the Program’s goals and objectives;

(B) The impact of the Subgrantee Agency’s services and activities that are funded by the Program;

(C) Coordination by the Subgrantee Agency with other agencies; and

(D) The amount and value of other resources applied to the Subgrantee Agency’s services and activities;

(e) A detailed annual budget for each service or activity funded by the Program;

(f) A narrative and budget which details any proposed activity not directly related to the activities as specified in OAR 813-210-0020 (“administrative activity”);

(g) An evaluation plan describing:

(A) The methodology to measure the results (i.e., outcomes) of each of the services and activities funded by the Program in terms of the Program’s goals and objectives; and

(B) how that the specific data and/or products used to measure outcomes shall be collected and reported; and

(h) A quarterly reporting requirement that requires the Subgrantee Agency to deliver to the Department, within 15 working days after the end of each calendar quarter, a detailed and accurate report (including unaudited financial statements) of the Subgrantee Agency’s activities during the just completed calendar quarter.

(3) Within 45 days of receipt of a completed Funding Application from a Subgrantee Agency, the Department shall notify in writing all applicants in the Service Area of the results of its review, including its request(s) for additional information if necessary.

(4) A Funding Application shall be in the format prescribed and/or provided by the Department.

(5) The Department shall contract with Subgrantee Agencies to administer the Program at the local level. In a Service Area where a Community Action Agency exists, it will have the right of first refusal to serve as the Subgrantee Agency. A Subgrantee Agency may, with the prior written approval of the Department, subcontract with another organization to provide a service or activity in the Subgrantee Agency’s Service Area.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: HR 5-1982, f. & ef. 2-5-82; HR 3-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-060-0015; HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 4-15-02; Renumbered from 813-210-0030 by OHCS 6-2014, f. & cert. ef. 1-27-14; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0025

Eligible Activities

(1) A Subgrantee Agency is free to use different strategic approaches to reduce or eliminate one or more conditions that block the achievement of self-sufficiency for Low-Income Households. These strategies and activities, which may include a range of services, both direct and/or indirect, must have a measurable and potentially major impact on the causes of poverty in communities in the Service Area where poverty is a particularly acute problem.

(2) Funds made available under the Program may be used for services and activities that assist Low-Income Households, including the elderly poor. These services and activities may include, but are not limited to, those that help members of Low-Income Households:

(a) To secure and retain meaningful employment;

(b) To attain an adequate education;

(c) To make better use of available income;

(d) To obtain and maintain adequate housing and a suitable living environment;

(e) To obtain emergency assistance through loans or grants to meet immediate and urgent individual and family needs, including the need for health services, nutritious food, housing and employment-related assistance;

(f) To remove obstacles and solve problems that block the achievement of self-sufficiency;

(g) To achieve greater participation in the affairs of the community; and

(h) To make effective use of other programs related to the purpose of this OAR 813, division 210.

(3) A Subgrantee Agency may also use the funds for a variety of services and activities intended to reduce or eliminate poverty conditions in communities in the Service Area, including but not limited to:

(a) To provide on an emergency basis for the provision of such supplies and services, nutritious foodstuffs, and related services as may be necessary to counteract conditions of starvation and malnutrition among the poor;

(b) To coordinate and establish linkages between government and other social service programs to assure the effective delivery of such services to Low Income Households; and

(e) To encourage the use of entities in the private sector of the community in efforts to ameliorate poverty in the community.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: HR 5-1982, f. & ef. 2-5-82; HR 3-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-060-0005; HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 4-15-02; Renumbered from 813-210-0010 by OHCS 6-2014, f. & cert. ef. 1-27-14; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0030 [Renumbered to 813-210-0015]

813-210-0040

Review of a Funding Application

(1) A Subgrantee Agency shall submit to the Department a report covering the matters described in OAR 813-210-0030(2)(h) within 15 working days following the end of each calendar quarter.

(2) Each calendar quarter the Department may evaluate a Subgrantee Agency’s services and activities in accordance with the evaluation plan described in OAR 813-210-00030(1)(d) and/or receive an evaluation report from the Subgrantee Agency that complies with the requirements of the evaluation plan described in 813-210-00030(2)(g) based upon the goals and objectives stated in the Subgrantee Agency’s approved Funding Application.

Stat. Auth.: ORS 184 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.545
Hist.: HR 5-1982, f. & ef. 2-5-82; HR 3-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-060-0020; HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 4-15-02; [Suspended by OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]

813-210-0050

Fiscal Management/Fiscal Control/Program Reporting

(1) A Subgrantee Agency shall maintain a financial management system containing, at a minimum, the following elements:

(a) Budgeting including but not limited to:

(A) The summary grant budget; and

(B) A separate subsidiary budget for each service or activity funded by the Program, including a budget for Administrative Costs. Forms for budgets shall be provided by the Department. When approved by the Department, these budgets shall control the Program expenditures by the Subgrantee Agency. The Subgrantee Agency shall enter the approved budget amounts in its accounting records for the purposes of budgeting control.

(C) A Subgrantee Agency must submit to and obtain approval from the Department for a Program budget amendment request before any major budget change can be made by the Subgrantee Agency. Forms for this request shall be provided by the Department. A Subgrantee Agency may transfer between line items of a subsidiary budget a total of ten percent of that budget or $5,000, whichever is less, once in any program year with 30 days written notice to the Department. A Subgrantee Agency may transfer a total of ten percent of the budget or $10,000, whichever is less, between subsidiary budgets once in any program year with 30 days prior written notice to the Department.

(b) Accounting System:

(A) A Subgrantee Agency’s accounting records shall be kept on an accrual basis and shall include the Program-related receivables, prepaid costs, and unpaid obligations of the Subgrantee Agency on an accrual basis. A Subgrantee Agency may use a modified accrual method, provided this method accurately reflects the results of the operations of the Subgrantee Agency funded by the Program; and

(B) Any adjustments made to the general ledger to arrive at reported amounts shall be documented by accounting work papers (i.e., a working trial balance) and subject to examination by the Subgrantee Agency’s external auditor.

(c) Reports: Any differences between the quarterly reports and the annual audit report submitted by the Subgrantee Agency to the Department must be reconciled and adjusted in the annual audit report by the external auditor of the Subgrantee Agency;

(d) Audits:

(A) An annual audit shall be made of the operations of the Subgrantee Agency funded by the Program, including delegated funds, as part of the Subgrantee Agency’s normal audit cycle. An audit report of the Subgrantee Agency’s program year just ended shall be submitted by the Subgrantee Agency to the Department within six months after the close of that program year. The audit shall be conducted by a qualified and independent certified public accountant and shall meet the standards established by the Comptroller General of the United States and published in “Standards for Audit of Governmental Organizations, Programs, Activities and Functions” (USGOP Stock No. 2000-00110), “Guidelines for Financial and Compliances Audits of Federally Assisted Program” (USGOP Stock No. 020-000-0081-0) published by the United States General Accounting Office and the audit standards supplements series of publications. These publications are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402;

(B) The annual audit must include a management letter.

(C) The Department may, in its sole and absolute discretion, comment on the auditor’s statements contained in an annual audit report, along with any other problems reflected in the report, such as any differences between the annual audited financial statements and the quarterly unaudited financial statements submitted by the Subgrantee Agency to the Department. A SubgranteeAgency must correct all audit deficiencies promptly but in any event within 90 days of date the Department receives the Subgrantee Agency’s audit report, unless the Department, in its sole and absolute discretion, grants a 90 day extension.

(2) System Certification:

(a) A Subgrantee Agency’s financial management system shall be certified as adequate to safeguard and account for Program funds by a qualified independent certified public accountant. A Subgrantee Agency’s financial management system shall be maintained at an acceptable level and recertified annually by its outside auditors in the Subgrantee Agency’s annual audit report

(b) Subgrantee Agencies having financial management systems in place that are certified by “pre-audit surveys” and recertified by acceptable annual audits will not be required to obtain the certifications described in OAR 813-210-0050(2)(a).

(c) First time Subgrantee Agencies must obtain certification as required by OAR 813-210-0050(2)(a) before Program funds can be expended or obligated by it.

(d) If, in the Department’s opinion, an annual audit report submitted by a Subgrantee Agency indicates significant financial management system or system maintenance weakness, the Department may, in its sole and absolute discretion, withold further disbursement of Program funds until it receives from the Subgrantee Agency satisfactory recertification of its financial management system from a qualified and independent certified public accountant.

(3) A Subgrantee Agency shall submit to the Department quarterly reports covering items set forth in OAR 813-210-0030(2) which shall be in a format prescribed by the Department. Such reports shall be coded in such a way as to allow the linking and analysis of expenditures for each separate service or activity funded by the Program in the annual Funding Application.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: HR 5-1982, f. & ef. 2-5-82; HR 3-1983, f. & ef. 11-25-83; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-060-0025; HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 4-15-02; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0055

Funding

(1) Reimbursement by the Department for a Subgrantee Agency’s Program expenditures will be based upon the timely receipt by the Department of the Subgrantee Agency’s quarterly and annual audit reports and upon the Subgrantee Agency’s conformance to its budget estimates.

(2) The Department may, in its sole and absolute discretion, advance to a Subgrantee Agency funds required by that Subgrantee Agency for operations funded by the Program.

Stat. Auth.: ORS 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.545
Hist.: OHCS 2-2002, f. & cert. ef. 4-15-02; [Suspended by OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]; Administrative correction, 5-2-14

813-210-0060

Reduction or Termination of CSBG Funding

(1) No Migrant and Seasonal Farmworker Organization which received CSBG funding in the previous federal fiscal year shall have its present or future CSBG funding terminated or reduced below the proportional share of funding it received in the previous federal fiscal year unless, after notice and opportunity for hearing on the record, the Department determines that cause existed for such termination or reduction, subject to the procedures and review by the Director and Secretary for the United States Department of Health and Human Resources.

(2) For purposes of making a determination with respect to CSBG funding reduction or termination, the term “cause” includes but is not limited to:

(a) A statewide redistribution of CSBG funds to respond to:

(A) The results of the most recently available census or other appropriate data;

(B) The establishment of a new Migrant and Seasonal Farmworker Organization; or

(C) Severe economic dislocation; and

(b) The failure of a Migrant and Seasonal Farmworker Organization to comply with the terms of its CSBG contract with the Department or the Community Services Block Grant Act as amended by Public Law 101-501.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: HSG 7-1993, f. & cert. ef. 10-1-93; OHCS 2-2001(Temp), f. & cert. ef. 10-3-01 thru 4-1-02; Administrative correction 4-12-02; OHCS 2-2002, f. & cert. ef. 8-15-02; OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14

813-210-0065

Waiver

The Director may waive or modify any requirements of the rules in OAR 813, division 210, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.545
Hist.: OHCS 2-2002, f. & cert. ef. 8-15-02; [Suspended by OHCS 7-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 21-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]

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