Loading
The Oregon Administrative Rules contain OARs filed through October 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 220

EMERGENCY FOOD ASSISTANCE PROGRAM

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, specifically 458.525 to 458.530, which designates Oregon Housing and Community Services Department (the department) as the lead agency to coordinate state efforts in meeting the problem of hunger that operates through a network of local service-provider agencies. The Department has designated the Oregon Food Bank as the agency responsible for administering the Emergency Food Assistance Program in Oregon within OAR chapter 813, division 220. The Program’s objective is to provide lower-income households with food for home use. OHCS believes that receiving commodities will not create any additional barriers between clients and their need for food than is stated in statute.

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; Administrative correction, 5-2-14

813-220-0005

Definitions

All terms used in OAR chapter 813, division 220, are defined in the Act, and in 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) “Low Income Household” means a Household with an income at or below 185 percent of the federal poverty line.

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

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

(5) “Oregon Food Bank” or (OFB) means the private, nonprofit organization designated by the Department to coordinate the distribution of Title II commodities in Oregon.

(6) “Storage and Distribution Costs” means direct costs incurred by the Department, OFB and/or RFB for the operation of the Program, including but not limited to, intrastate storage and distribution of Title II Commodities.

(7) “Title II Commodities” means commodities provided to Low Income Households under the Program.

(8) “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; Administrative correction, 5-2-14

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 Title II 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 costs.

(4) OFB and their recipient agencies 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; Administrative correction, 5-2-14

813-220-0015

Requirements Imposed on RFBs

OFB and their recipient agencies 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 the household member 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 recipient agencies shall maintain records as required by federal and state rules in accordance with Federal Regulations 7 CFR 251.00-251-30.

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

(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 $250.

(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; Administrative correction, 5-2-14

813-220-0020

Client Eligibility

(1) Title II Commodities shall be made available to low income households. Indication of participation in such programs as Food Stamps, Temporary Assistance to Low Income Families, SSI, State General Assistance, Low-Income Energy Assistance and the Oregon Supplemental Income Program shall establish a household’s eligibility under the Program. No letter or other verifying document is required.

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

(3) Eligibility determination is made by specific eligibility screening guidelines and shall be uniform statewide. OHCS does not require any eligibility requirements other than what is required within the Federal Guidelines for 7 CFR 251.5. The criteria must be:

(a) Income for households meets the low-income poverty guidelines set forth by the income guidelines for the current year. Eligible households in need of food assistance because of inadequate household income may receive TEFAP commodities by signing a statement that declares that their income is at or below 185% of the Federal Poverty Level.

(b) Household 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 households demonstrate eligibility as described in section (3) or by self-declaration.

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; Administrative correction, 5-2-14

813-220-0030

Allowable Services

(1) OFB and their recipient agencies shall distribute Title II Commodities under the Program to low income households through emergency food box programs, congregate meal sites, temporary shelters, and emergency food pantries.

(2) OFB and their recipient agencies may conduct outreach to under-served areas so that emergency food recipients can obtain needed nutrition education and other support services.

(3) RFBs may publicize the availability of Title II Commodities and distribute those Title II Commodities in their respective service areas in a manner that a maximum number of potential eligible households are reached.

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; Administrative correction, 5-2-14

813-220-0050

Fiscal Controls

(1) OFB and their recipient agencies will use funds made available under the Federal Guidelines in 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 recipient agencies. OFB will furnish reports as required by OMB Circular A-133 to provide these assurances.

(2) Internal controls including, but not limited to, the use of vouchers and receipts to substantiate all expenditures will be maintained by the OFB and recipient agencies. OHCS will conduct monitoring of expenses and the accounting system on an annual basis.

(3) The OFB shall provide the Department with an annual audit of Program and fiscal transactions within nine (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 recipient agencies for a period of three (3) years. These records shall be made available to federal, state and OFB monitoring staff upon request.

(5) The OFB and their recipient agencies 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 costs 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 cost may be used to pay direct expenses associated with the distribution of USDA commodities and commodities secured from other sources. Direct expenses include the following:

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

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

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

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

(e) Costs 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; Administrative correction, 5-2-14

813-220-0060

Monitoring

(1) The Department will conduct on-site evaluations of the OFB once per federal fiscal year and selectively monitor OFB’s recipient agencies as determined to be appropriate.

(2) Each review must encompass, as applicable, 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 their recipient agencies 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; Administrative correction, 5-2-14

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]

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​