Loading
The Oregon Administrative Rules contain OARs filed through March 15, 2014
 
QUESTIONS ABOUT THE CONTENT OR MEANING OF THIS AGENCY'S RULES?
CLICK HERE TO ACCESS RULES COORDINATOR CONTACT INFORMATION

 

HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 210

COMMUNITY SERVICES BLOCK GRANT

813-210-0000 [Renumbered to 813-210-0009]

813-210-0001

Purpose and Objectives

OAR chapter 813, division 210, is promulgated to accomplish the general purposes of ORS 458.505 to 458.545, and particularly 458.505 to 458.515, which designate the Housing and Community Services Department as the state agency responsible for administering state and federal antipoverty programs in Oregon. OAR chapter 813, division 210, describes the Community Services Block Grant (“CSBG”) Program, through which the department funds certain efforts to alleviate the causes and conditions of poverty in local communities.

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

813-210-0009

Definitions

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

(1) "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 458.505(4).

(2) "CSBG program" or “program” means Community Services Block Grant program administered by the department and described in this division.

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

(4) “Eligible services” or “program services” means strategies and activities, including a range of direct and indirect services that have a measurable effect on alleviating the causes and conditions of poverty affecting low-income households and that are eligible for funding by the department under this program.

(5) “Funding agreement” means that written agreement, together with all incorporated documents and references, executed by and between the department and the subgrantee agency in form and substance satisfactory to the department, which is a condition precedent for receipt of program funding from the department.

(6) "Funding application" means a subgrantee agency's application to the department for program funding.

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

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

(9) “Household income” means the total annual household receipts before taxes from all sources. Income does not include assets or funds over which the program applicant has no control.

(10) "Low-income household" means a household with household income at or less than 125% of the poverty line.

(11) "Migrant and seasonal farmworker organization" means a private nonprofit organization organized under ORS chapter 65 that serves migrant and seasonal farmworkers and their families.

(12) "Political activity" means:

(a) Directly or indirectly to attempt to influence or actually to influence elections and/or nominations for political office;

(b) Directly or indirectly to solicit or coerce contributions for use in elections or in nominations for political office;

(c) Directly or indirectly to provide voters or prospective voters with transportation to polls, nomination caucuses or similar activities; or

(d) Directly or indirectly to provide assistance with an election, nomination, or voter registration activity.

(13) "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.

(14) "Poverty line" means the official standard for poverty in Oregon established by the Secretary of the U.S. Department of Health and Human Services.

(15) “Program requirements” means all funding agreement terms and conditions, department directives (including corrective 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.

(16) "Service area" means the specific geographic area or region within which a subgrantee agency provides program services directly or by contract to eligible households.

(17) "Subgrantee agency" means a private, nonprofit corporation organized under ORS Chapter 65 or a local government as defined in ORS 197.015 that is designated as a community action agency or other appropriate organization with which the department has contracted to administer the program 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

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

813-210-0015

Subgrantee Agency Program Application; Contracting

(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.

(2) 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 households within the service area to the extent of available funding and to prevent duplication of services.

(3)(a) In order to be eligible to administer the program at the local level, subgrantee agencies normally must submit, on a biennial basis, a funding application (including a work plan), which the department must approve before it is operative.

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

(c) Funding applications must meet all requirements established by the department, to the department’s satisfaction, for the form and content of the application, including the work plan (which the department may modify or decline).

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

(e) 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 sufficiency requirements for the form and content of the funding application as determined by the department in its sole discretion, the department may allow other eligible organizations to submit a funding application with respect to that service area.

(4) Subgrantee agencies must execute a funding agreement with the department, satisfactory to the department in its sole discretion, in order to receive program funding and administer the program within its service area.

(5) If a subgrantee agency subcontracts with other organizations for the delivery of program services within its service area, it must require and provide by contract that such other organizations shall adhere to and be subject to the terms and conditions of the subgrantee agency’s funding agreement with the department and other program requirements, including but not limited to records retention and reporting, department monitoring, and department remedial action.

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

(7) The department may otherwise initiate a program funding award with a subgrantee agency.

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

813-210-0022

Administration

(1)(a) Subgrantee agencies 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 manual), regulations, executive orders, local ordinances and codes.

(b) Subgrantee agencies shall familiarize themselves with and adhere to procedures outlined in the manual. These procedures, inter alia, describe the methods for accurate completion of intake documentation and entry of the resultant data into HMIS or other department-approved data system, for authorizing program payments, for making and reporting program funding request draws, and for end-of-year and other program reporting to the department.

(c) Subgrantee agencies shall attend and participate in program training made available or conducted by the department.

(2) Subgrantee agencies shall take applications for program services from households, verify household eligibility, deliver, contract for (as applicable), and monitor the use of appropriate program services — all in a manner consistent with program requirements and satisfactory to the department.

(3) Subgrantee agencies shall make good faith attempts satisfactory to the department to recover any overpayment of program funds.

(4)(a) Subgrantee agencies 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 other organizations 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.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: 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

813-210-0025

Program Activities

(1) Subgrantee agencies shall provide program services to eligible households to the extent of available funding, subject to compliance with manual and other program requirements. Subject to its funding agreement, a subgrantee agency may use different strategic approaches to reduce or eliminate the causes or conditions of poverty in its service area. These strategies and activities, which may include a range of services, both direct and 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) Program funds may be used for services that assist low-income households, including the elderly poor. These services must conform to program requirements, but normally may include, (and are not necessarily limited to), services that help members of eligible households:

(a) Secure and retain meaningful employment;

(b) Attain an adequate education;

(c) Make better use of available income;

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

(e) 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) Remove obstacles and solve problems blocking the achievement of self-sufficiency;

(g) Achieve greater participation in the affairs of the community; or

(h) Make effective use of other programs that complement the purposes of this program.

(3) Subgrantee agencies also may use program funds for program services to reduce or eliminate poverty conditions in communities in the service area, including but not limited to:

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

(b) Coordinating and establishing linkages between government and other social service programs to assure the effective delivery of anti-poverty services to eligible low income households; and

(c) Encouraging private sector participation in meaningful 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

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

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 the bases for same, housing status of clients and services received, administrative actions, contracts with subcontractors, review of subcontractor performance, action taken with respect to deficiency notices, and any review proceedings. Such records shall be in substance and format satisfactory to the department.

(3) Subgrantee agencies also shall provide the department with reports, data, and financial statements, in form and substance satisfactory to the department, as may be required under the manual or requested from time to time by the department, including but not limited to quarterly reports covering items set forth in OAR 813-210-0025(2) and (3), which shall be in a format prescribed by the department. Such quarterly reports shall be coded in such a way as to allow the linking and analysis of expenditures for each separate service funded by the program in the annual funding application.

(4)(a) Subgrantee agencies shall make all program records available to the department, the Oregon Secretary of State's Office, the federal government (if applicable), 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 (if applicable), 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 household program data to the department through the use of a department approved HMIS or other data reporting system. Such data collection and reporting shall be satisfactory to the department.

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

813-210-0052

Audits

(1) Subgrantee agencies shall provide quarterly financial statements to the department with respect to their program participation, which reports do not need to be formal audits. Such quarterly financial statement shall be satisfactory to the department in its sole discretion.

(2) Subgrantee agencies also shall conduct and provide to the department an annual audit of the program operations of the subgrantee agency, including delegated funds, as part of the subgrantee agency's normal annual audit cycle. This annual audit shall be satisfactory to the department in its sole discretion.

(3) The 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.

(4) 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, each as amended from time to time. These publications are available from the Superintendent of Documents, U.S. Government Printing Office, Washington, D.C. 20402;

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

(6) The department may, in its sole and absolute discretion, comment on the auditor's statements contained in the 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 subgrantee agency 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.

(7) 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.

(b) 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.

(c) 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 this subsection.

(d) First time subgrantee agencies must obtain certification as required in this subsection before program funds can be expended or obligated by it.

(e) 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, withhold 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.

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

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: 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

813-210-0055

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]

813-210-0056

Compliance Monitoring; Remedies

(1) The department may conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee agency and its subcontractors, inter alia, to assure compliance with program requirements. Subgrantee agencies and their subcontractors shall cooperate fully with the department in its compliance monitoring.

(2)(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.

Stat. Auth.: ORS 456.555 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: 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

813-210-0060

Reduction or Termination of CSBG Funding

(1) No migrant and seasonal farmworker organization that received program funding in the previous federal fiscal year shall have its program 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 program funding reductions or terminations with respect to a recipient migrant and seasonal farmworker organization, 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; or

(B) The establishment of a new migrant and seasonal farmworker organization; and

(b) The failure of a migrant and seasonal farmworker organization to comply with the terms of its funding agreement 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

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]

813-210-0075

Review of Subgrantee Action

(1) Subgrantee agencies shall provide a review process satisfactory to the department for persons aggrieved by agency action or inaction with respect to program obligations.

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

(3) The subgrantee agency must inform the department and the aggrieved party in writing of any final 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 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: 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

813-210-0085

Department Review

(1) Persons aggrieved by an action of 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 review process furnished by the relevant subgrantee agency and within thirty (30) days of that agency 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 & 458.235
Stats. Implemented: ORS 458.210 - 458.240 & 458.505
Hist.: 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

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

Oregon Secretary of State • 136 State Capitol • Salem, OR 97310-0722
Phone: (503) 986-1523 • Fax: (503) 986-1616 • oregon.sos@state.or.us

© 2013 State of Oregon All Rights Reserved​