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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 220

EMERGENCY FOOD ASSISTANCE PROGRAM

813-220-0000 [Renumbered to 813-220-0005]

813-220-0001

Purpose and Objectives

OAR chapter 813, division 220, is promulgated to accomplish the general purpose of ORS 458.505 to 458.545, and more specifically 458.525 to 458.530, which designates the Oregon Housing and Community Services Department as the lead agency in administration of the Emergency Food Assistance Program. The program is designed to coordinate state efforts in meeting the problem of hunger through a network of local service-provider agencies. The department has designated the Oregon Food Bank (OFB) as the entity responsible for coordinating the distribution of FNS commodities in Oregon in accordance program requirements. The program's purpose is to provide lower-income households in Oregon with food for their home use.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525 - 458.545
Hist.: OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0005

Definitions

All terms used in OAR chapter 813, division 220, are defined in the Act, and in OAR 813-005-0005. As used in OAR chapter 813, division 220, unless otherwise indicated by the context:

(1) "Eligible services" means services provided in accordance with the rules and regulations governing the program.

(2) “FNS” means Food and Nutrition Services (FNS), a division of USDA.

(3) “FNS commodities” means food and other related commodities provided to low-income households under the program.

(4) "Low income household" means a household with an income at or below 185 percent of the federal poverty line.

(5) "Program" or “Emergency Food Assistance program” means the Emergency Food Assistance Program authorized by Public Law 98-8 and as extended by Public Law 98-92.

(6) "Regional Food Bank” or “RFB” means any public agency or nonprofit private entity that has subcontracted with the Oregon Food Bank to relieve situations of hunger through distribution of FNS commodities to local designated food assistance programs such as congregate meal sites, temporary shelters and emergency food pantries.

(7) "Oregon Food Bank" or “OFB” means the nonprofit private organization designated by the department to coordinate the distribution of FNS commodities in Oregon.

(8) "Storage and distribution funds" means direct funds incurred by the department, OFB and/or RFB for the operation of the program, including but not limited to, intrastate storage and distribution of FNS commodities.

(9) "USDA" means the United States Department of Agriculture.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525 – 458.545
Hist.: HR 2-1983(Temp), f. & ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0000; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03, Renumbered from 813-220-0000; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0010

Administration

(1) The department has, through the master grant agreement, designated the OFB, a nonprofit corporation organized under ORS chapter 65, as the program's responsible agency to distribute FNS commodities statewide.

(2) OFB may select and subcontract with RFBs to carry out program activities at the local level.

(3) The reimbursement of federal funds shall be paid by the department to the OFB. OFB in consultation with OHCS will calculate the proportionate share of the moneys received from the department as reimbursement for program storage and distribution funds.

(4) OFB and its RFBs shall comply with all applicable state and federal rules and regulations.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525 – 458.545
Hist.: HR 2-1983(Temp), f. & ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0005; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0015

Requirements Imposed on RFBs

OFB and its RFBs are the responsible agencies designated for the distribution of food commodities and allocation of funds. Prior to providing services, OFB and the RFBs will have entered into an agreement for such distribution and receipt of program commodities. Specific terms and conditions for doing so include:

(1) Each distribution site must collect and maintain records for each household receiving the Emergency Food Assistance Program (TEFAP) commodities for home consumption. TEFAP records should contain:

(a) The name of household members receiving commodities,

(b) The address of the household (to the extent practicable, homeless persons, or people who have just arrived in the area, may not be able to provide an address),

(c) The number of persons in the household, and

(d) The basis for determining that the household is eligible to receive commodities for home consumption.

(A) No distribution site will collect Social Security numbers for households applying for the TEFAP program.

(B) No supporting documentation is required for an income eligibility determination for the TEFAP Program.

(2) All records must be retained for a period of three (3) years from the close of the federal fiscal year to which they pertain, or longer if related to an audit or investigation in progress. Records must be reasonably accessible at all time for use during management evaluation reviews, audits or investigations. OFB and their RFBs shall maintain records as required by federal and state rules in accordance with Federal Regulations 7 CFR 251.00 through 251-30.

(3) OFB and RFB agencies shall be responsible for the loss of USDA commodities including:

(a) Loss of commodities from improper distribution or use of any commodities or failure to provide proper storage, care, or handling.

(b) RFBs will need to immediately submit a claim to OFB and the department if the loss of the commodities value exceeds $500.

(4) Under no circumstances shall program recipients be required to make any payments in money materials or services in connection with participation in this program.

Stat. Auth.: ORS 183 & 458.505 - 458.515
Stats Implemented: ORS 458.525 - 458.530
Hist.: OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0020

Client Eligibility

(1) FNS commodities shall be made available to low income households. Participation in qualifying programs such as Supplemental Nutrition Assistance Program, Temporary Assistance to Low Income Families, Social Security Insurance, State General Assistance, Low-Income Energy Assistance and the Oregon Supplemental Income Program shall establish a household's eligibility under the program. A creditable indication of such participation is sufficient. No special letter or other special verifying document is required.

(2) Households may establish their eligibility to participate in the program through a credible self-declaration of income at or below 185 percent of the federal poverty line.

(3) Eligibility determinations are to be made in accordance with the federal income guidelines. Eligibility guidelines must, at a minimum, conform within the applicable federal guidelines at 7 CFR 251.5.

(a) Income for eligible households must meet the federal low-income guidelines set forth. Eligible households may receive commodities by signing a statement that declares that their income is at or below 185% of the federal income guidelines.

(b) Households must reside in the geographic location served by the distribution site at the time of applying for assistance, but length of residency shall not be used as an eligibility criterion. Households should not be denied service for the reason that they are in transit from one locality to another.

(4) Each distribution site must ensure that households demonstrate eligibility as described in subsection (3).

Stat. Auth.: ORS 183 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.515
Hist.: HR 2-1983(Temp), f. & ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HR 2-1985, f. & ef. 2-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0010; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0030

Allowable Services

(1) OFB and their RFBs will distribute FNS commodities to low income households through emergency food box programs, congregate meal sites, temporary shelters, and emergency food pantries.

(2) OFB and their RFBs may conduct outreach to under-served areas so that qualified households may obtain needed nutrition education and other support services.

(3) RFBs may publicize the availability of FNS commodities and distribute those commodities in their respective service areas in a manner such that a maximum number of qualified households are served.

Stat. Auth.: ORS 184 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.515
Hist.: HR 1-1984, f. & ef. 5-30-84; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0015; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0050

Fiscal Controls

(1) OFB and their RFBs will use funds made available under the federal guidelines at 7 CFR 251.8 for direct expenses associated with the distribution of USDA commodities and commodities secured from other sources to the extent that the commodities are ultimately distributed by eligible RFBs. OFB will furnish reports when and as required by OMB Circular A-133.

(2) Internal controls satisfactory to OHCS including, but not limited to, the use of vouchers and receipts to substantiate all expenditures will be maintained by the OFB and RFBs. OHCS may conduct monitoring of expenses and the accounting system as it determines appropriate. The OFB and RFBs shall cooperate fully with OHCS audits and investigations, including making all records available for inspection and copying.

(3) The OFB shall provide the department with an annual written audit of program and fiscal transactions satisfactory to the department within 9 months after the close of the fiscal audit period in accordance with OMB Circular A-133.

(4) Records of program activities and fiscal transactions shall be maintained by the OFB and their RFBs for a period of 3 years. These records shall be made available to federal, state and OFB monitoring staff upon request.

(5) The OFB and their RFBs shall insure that proper records are kept at all distribution sites.

(6) Fiscal reports and program reports, audit requirements, as well as storage and distribution funds for the month shall be maintained by the OFB.

(7) Each RFB shall provide monthly reports to the OFB in a format prescribed by the OFB and the department.

(8) Allowable administrative funds may be used to pay direct expenses associated with the distribution of commodities and appropriate commodities secured from other sources. Direct expenses include the following:

(a) Intrastate and interstate transport, storing, handling, repackaging, processing, and distribution of commodities.

(b) Funds associated with determination of eligibility, verification, and documentation.

(c) Funds of providing information to persons receiving USDA commodities concerning the appropriate storage and preparation of such commodities.

(d) Funds involved in publishing announcements of times and locations of distribution, and

(e) Funds of recordkeeping, auditing, and other administrative procedures required for program participation.

Stat. Auth.: ORS 184 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.515
Hist.: HR 2-1983(Temp), f. & ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HR 2-1985, f. & ef. 2-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0025; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0060

Monitoring

(1) The department will conduct on-site evaluations of the OFB each federal fiscal year and selectively monitor OFB's RFBs as determined to be appropriate. The department may conduct other on-site and records evaluations as it deems appropriate.

(2) Evaluations and reviews, as applicable, may include eligibility determinations, food ordering procedures, storage and warehousing practices, inventory controls, approval of distribution sites, reporting and recordkeeping requirements, civil rights policies, and copies of monitoring records of the RFB sub-distribution sites.

(3) If the department determines that OFB or its RFBs are not in compliance with applicable state or federal regulations, the department shall, within 30 working days of the close of the on-site evaluation, send OFB a corrective action notice that shall include at a minimum:

(a) A description of the identified deficiency;

(b) The possible causes of the deficiency;

(c) The time frame within which that corrective action must be taken; and

(d) Any requirements for documenting corrective action taken.

Stat. Auth.: ORS 184 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.515
Hist.: HR 2-1985, f. & ef. 2-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0030; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-220-0070

Waiver

The Director may waive or modify any requirements of OAR 813, division 220, unless such waiver or modification would violate applicable federal or state statutes or regulations.

Stat. Auth.: ORS 183 & 458.505 - 458.515
Stats Implemented: ORS 458.525 - 458.530
Hist.: OHCS 3-2003, f. & cert. ef. 5-12-03; [Suspended by OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14]

813-220-0080

Compliance Monitoring; Remedies

If OHCS determines, in its sole discretion, that subgrantee has failed to comply timely with any material obligation under this agreement, including but not limited to any OHCS directive or term of a corrective (2013–2014 MGA Standard Terms & Conditions Page 7 of 14) action plan, OHCS may exercise any remedy available to it under this agreement, applicable law, or otherwise. Such remedies may include, but are not limited to:

(1) Terminating any part or all of this agreement;

(2) Modifying any NOA under this agreement;

(3) Withholding and/or reducing grant funds;

(4) Disallowing costs;

(5) Suspending and/or recouping payments;

(6) Appointing a receiver for the receipt and administration of grant funds under this agreement;

(7) Requiring corrective action as it may determine to be appropriate;

(8) Bringing suit or action in an appropriate forum for the enforcement of this agreement and any remedy, as well as the recovery of damages, including by temporary restraining order, injunction, specific performance or otherwise;

(9) Debarring or otherwise limiting subgrantee’s eligibility for other funding from OHCS;

(10) Instituting criminal action for misstatements or fraud; and

(11) Requesting investigation, audit and/or sanction by other governmental bodies.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525 - 458.545
Hist.: OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

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