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The Oregon Administrative Rules contain OARs filed through November 15, 2016
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 210

COMMUNITY SERVICES BLOCK GRANT (CSBG)

813-210-0001

Purpose and Objectives

OAR chapter 813, division 210, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, and particularly ORS 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. The Community Services Block Grant program addressed in this division is one such program subject to department administration and has as its purpose to alleviate the causes and conditions of poverty in local communities by providing services and activities designed to increase 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; OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0009

Definitions

All words and terms that are used in OAR chapter 813, division 210, are defined in the Act, in 813-005-0005 and below. As used in OAR chapter 813, division 210, unless the context indicates otherwise:

(1) “Administrative costs” means all program costs that are not directly related to delivery of program services.

(2) “Assistant director” means the assistant administrator for the housing stabilization programs.

(3) “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).

(4) “Conditional” means subject to relevant conditions subsequent, including but not limited to continued department authority and funding capacity as well as subgrantee agency, to the satisfaction of the department, satisfying the terms of its funding application, maintaining legal standing as a CAA, timely satisfying relevant program requirements, and executing and recording (if required) relevant documents.

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

(6) “Director” means the department director as appointed by the governor.

(7) “Funding agreement” means that master grant agreement or other written agreement, together with all incorporated documents and references, to be executed by and between the department and the subgrantee agency in form and substance satisfactory to the department, as a condition precedent for receipt of program funding from the department.

(8) “Funding application” means a subgrantee agency's application to the department for a program grant.

(9) “HHS” means the U.S. Department of Health and Human Services.

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

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

(12) “Low-income household” means a household with an annual household income at or less than 125% of the poverty line.

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

(14) “Political activity” means:

(a) Directly or indirectly to attempt to influence or actually 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 and prospective voters with transportation to polls or nomination caucuses or similar activities; or

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

(15) “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.

(16) “Poverty guidelines” or “poverty line” means the simplified version of the federal (U.S. Census Bureau) poverty thresholds released annually by HHS to determine financial eligibility for the program.

(17) “Program” or “CSBG” means the Community Services Block Grant program administered by the department pursuant to this division and other applicable law.

(18) “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 and other applicable department rules), executive orders, local ordinances and codes.

(19) “Program services” means allowable antipoverty services and activities designed to reduce and mitigate the impact of poverty by addressing the needs of low-income households.

(20) “Secretary” means the Chief Executive of the U.S. Department of Health and Human Services.

(21) “Service area” means the specific geographic area or region within which a subgrantee agency provides program services directly or by contract.

(22) “Subcontractor” or “subrecipient” means 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, contracting with a subgrantee agency to provide program services.

(23) “Subgrantee agency” or “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, migrant and seasonal farmworker organization or other eligible entity under ORS 458.505 with which the department has contracted to administer program services and activities at the local level.

(24) “Sufficiency” means that the quantity, thoroughness and quality of performance is satisfactory to the department, including but not limited to providing relevant information in a manner and to a degree for the department to assess appropriately subgrantee agency’s compliance with relevant program requirements such as the provision of services consistent with the terms of the funding agreement, state plan and other appropriate standards, goals and requirements established by the department.

(25) “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 & 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; OHCS 14-2015, f. & cert. ef. 8-25-15

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

813-210-0014

Administration

(1) The department will 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 the 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 such formula at any time in its sole discretion and in compliance with the CSBG state plan and CSBG Act’s proportional share program requirement.

(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 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) Subgrantee agency representatives will attend and participate in department required program training made available or conducted by the department.

(6) 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 ensure 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.

(7)(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 the subgrantee agency’s proportionate share of the amount authorized by the department for reasonable and appropriate administrative costs of the funding award.

(c) The ultimate determination of reasonable and appropriate administrative costs is reserved to the department in its sole discretion.

(8) 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 14-2015, f. & cert. ef. 8-25-15

813-210-0015 [Renumbered to 813-210-0035]

813-210-0021

Client Eligibility

(1) Program services will be available to low-income households in need of assistance to address basic needs and/or barriers to achieving economic self-sufficiency.

(2) A subgrantee agency may consider a household’s self-declaration or referral of a household from local, state, or federal human service agencies if no other verifiable documentation is available, to determine eligibility of that household for program services.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0025

Use of Program Funds

(1) A subgrantee agency may use program funds to implement different strategic approaches designed to reduce or eliminate one or more conditions that block the achievement of economic self-sufficiency for low-income households. Such strategies must have 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 will be used for allowable program services and activities for eligible low-income households in compliance with program requirements. These services and activities may include, but are not limited to helping members of low-income 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 that block the achievement of self-sufficiency;

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

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

(3) A subgrantee agency may also use program 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) Providing 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) Coordinating and establishing linkages between government and other social service programs to assure the effective delivery of such services to low income households; and

(c) Encouraging the participation of private sector entities in community efforts to ameliorate poverty in the 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 410-060-0005; 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; OHCS 14-2015, f. & cert. ef. 8-25-15

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

813-210-0035

Funding Application

(1) Prior to providing any 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 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 low-income households, local service providers, advocates, clients, businesses, churches, general community members, 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 right of first refusal for antipoverty program administration, and the community action agency cannot meet the requirements for the form and content of the funding application, the department, in its sole discretion, may allow other eligible organizations to submit a funding application with respect to that service area.

(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, 458.620 & 458.650
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; Renumbered from 813-210-0015, OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0050

Reporting and Recordkeeping

(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 basis for same, housing and income 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 reports, data, and financial statements, in form and substance satisfactory to the department, as may be required 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.

(4)(a) Subgrantee agencies and their subcontractors shall furnish representatives of the department, the Oregon Secretary of State's Office, the federal government, and their duly authorized representatives’ access to and permit copying of all books, accounts, documents, records and allow reasonable access to the project and other property pertaining to the program, at any such representative’s request.

(b) Subgrantee agencies and their subcontractors 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 and their subcontractors shall retain and keep accessible all program records for a minimum of five (5) years, or such longer period as may be required by applicable law and state records retention requirements, 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 ensure that data is reported, collected and organized accurately, timely, and otherwise in a manner satisfactory to the department through the use of a department-approved HMIS.

Stat. Auth.: ORS 456.555
Stats. Implemented: 458.505 ORS 458.620, 458.650
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; OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0060 [Renumbered to 813-210-0081]

813-210-0066

Compliance Monitoring; Remedies

(1) The department will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each subgrantee agency and its subcontractors, inter alia, to verify compliance with program requirements. Minimally, the department will conduct an on-site monitoring once every three years and immediately after the first year for newly-designated community action agencies. Subgrantee agencies and their subcontractors will cooperate fully with the department in its compliance monitoring.

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

(3)(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 partial or all program funding, if it determines that the performance of the subgrantee agency or any of its subcontractors is deficient in any manner, including with respect to the state plan and program requirements.

(b) The department will notify a subgrantee agency of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected.

(c) The department will require the subgrantee to correct any deficiencies in a manner and timeframe satisfactory to the department.

(d) The department may offer training and technical assistance to the subgrantee; or if the department determines such training and technical assistance are not appropriate, prepare and submit to the secretary a report stating the reasons for such determination.

(e) The department, at its discretion, may offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, the subgrantee must develop and submit the plan to the department within sixty days after being informed of the deficiency or deficiencies. The department will review and issue a decision on whether to approve or disapprove the plan within thirty days after receipt of the plan from the subgrantee. If disapproved, the department will provide the subgrantee agency with the reasons why the plan cannot be approved.

(4) The department will provide adequate notice and opportunity for a hearing prior to a remedial action that terminates organizational eligibility for program funding or otherwise reduces the proportional share of program funding for cause.

(5) Hearings will be addressed to and held before the assistant director or designee whose decision may be further appealed to the department director. Termination of the agency’s program eligibility for program funds would require termination of its CAA designation which may be appealed to the governor in accordance with OAR 813-230-0000.

(6) The subgrantee agency may request within thirty days following notification of the department’s final decision, a review by the HHS Secretary.

(7) A determination to terminate the subgrantee agency’s CAA designation or reduce the proportionate share of funding of the agency is reviewable by the secretary. The secretary shall, upon request, review such determination. The review shall be completed not later than 90 days after the secretary receives from the department all necessary documentation relating to the determination to terminate the agency’s CAA designation or reduce its proportional share of funding. If the review is not completed within 90 days, the determination of the state shall become final at the end of the 90th day.

(8) 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 458.505, 458.620, 458.650
Hist.: OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0071

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 or refusal by the subgrantee agency to provide such 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 will 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 subcontractors will 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 will 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, 458.620, 458.650
Hist.: OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0076

Review By Subgrantee

(1) Subgrantee agencies will 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 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 will 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 will 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 will 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, 458.620, 458.650
Hist.: OHCS 14-2015, f. & cert. ef. 8-25-15

813-210-0081

Reduction or Termination of CSBG Funding

(1) No CAA or 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; Renumbered from 813-210-0060, OHCS 14-2015, f. & cert. ef. 8-25-15

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