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The Oregon Administrative Rules contain OARs filed through June 15, 2014
 
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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 230

DESIGNATION AND RESPONSIBILITIES OF COMMUNITY ACTION AGENCIES

813-230-0000

Definitions

(1) "Administrator" means the Community Services Division administrator of HCS.

(2) "CAAs" means public or private nonprofit Community Action Agencies as defined under U.S. Public Law 97-35, ORS 456.555 and Community Services Block Grant Administrative Rules.

(3) "Department" means the Oregon Housing and Community Services Department.

(4) "Director" means the Director of HCS.

(5) "Division" means the Community Services Division located in agency (HCS).

(6) "Governor" means the Governor of the State of Oregon.

(7) "OHDC" means Oregon Human Development Corporation, a private, nonprofit agency which serves migrant workers and families.

Stat. Auth.: ORS 184.082 & 458.505 - 458.515
Stats. Implemented: ORS 458.505 - 458.515
Hist.: HR 3-1987, f. & ef. 12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0000; HSG 9-1993, f. & cert. ef. 10-1-93; Administrative correction 6-17-05; OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11

813-230-0005

Administration of Community Action Agencies

(1) The Housing and Community Services Department is designed by the Governor as a state agency for administering state and federal antipoverty programs. The federal antipoverty programs are the Community Services Block Grant, the Low-Income Energy Assistance Block Grant, the United States Department of Energy Weatherization Assistance Program, the Emergency Shelter Grant Program and any other federally funded program that benefits low-income programs.

(2) The Community Services Division of the Department administers the federal anti-poverty programs through subcontracts with community action agencies, the Oregon Human Development Corporation and other eligible entities.

(3) The Community Action Partnership of Oregon performs the function of providing advice and recommendations to the Department regarding administration and funding of antipoverty programs.

Stat. Auth.: ORS 184.082 & 458.505-458.515
Stats. Implemented: ORS 458.505-458.515
Hist.: HR 3-1987, f. & ef. 12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0005; HSG 9-1993, f. & cert. ef. 10-1-93; Administrative correction 6-17-05; OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11

813-230-0007

Initial Requirements

(1) A community action agency, the Oregon Human Development Corporation or any other eligible entity under ORS 458.505 may administer an antipoverty program to which ORS 458.505 or 458.510 applies only if the entity has entered a contract for that purpose with the Department, on terms established by the Department.

(2) In an area of the state served by a community action agency, unless the Department determines that the agency is incapable of effective program administration, the agency has the right of first refusal in a contract for antipoverty program administration.

(3) In an area of the state not served by a community action agency, the Department may distribute federal antipoverty funds other than the Community Service Block Grant to an agency that the Department has identified as able effectively to serve low income populations because of the agency’s established service delivery system.

(4) For each program, allocation of program funds to service areas is subject to a formula established by the Department prior to the allocation process. The Department in its sole discretion may modify a formula at any time.

(5) The Department may fund only one agency in a service area unless the Department in its discretion decides to allow two agencies to operate within a common service area. The two agencies may so operate only if the Department and the two agencies enter into a memorandum of agreement that ensures full access to the program services for all eligible persons in the service area and prevents duplication of services.

(6) To provide a program service or activity in the service area of an agency, the agency may subcontract with 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.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505 - 458.515
Hist.: OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11

813-230-0010

Designation of Community Action Agencies

(1) CAAs established under the Economic Opportunity Act of 1964 or the direct successor to such CAAs, have been recognized by the Division as designated CAAs for established service areas.

(2) Agencies eligible for recognition as a CAA are political subdivisions of the state: Private, nonprofit community organizations and migrant/seasonal farm worker organizations. An applicant agency must demonstrate its programmatic and administrative capabilities for implementing and operating anti-poverty programs and must be able to document that the agency service area has a population of a least 50,000 individuals.

(3) New CAAs will be designated by the Division for unserved areas of the state only if CAAs contiguous with or closest to the unserved areas decline to serve such areas.

(4) Except in situations where an agency's status as a CAA is terminated voluntarily or involuntarily, changes in service area designations shall be initiated at the local level and submitted to the Division for approval.

(5) Efforts to establish new CAAs in unserved areas of the state shall be initiated at the local level and submitted to the Division for approval.

Stat. Auth.: ORS 184.082 & 458.505-515
Stats. Implemented: ORS 458.505-515
Hist.: HR 3-1987, f. & ef. 12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0010; HSG 9-1993, f. & cert. ef. 10-1-93; OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05; Administrative correction 6-17-05

813-230-0015

Monitoring

(1) An agency that contracts with the Department under an antipoverty program subject to this Division is subject to periodic monitoring by the Department as stipulated by the funding source for the agency.

(2) For the purpose of this rule, monitoring of an agency includes but is not limited to the following:

(a) Specific monitoring requirements for the program in this Division;

(b) Inspection of client files, program records and reports, and fiscal records, including original receipts for expenditures;

(c) Review of compliance with contract provisions, and with state and federal regulations; and

(d) An interview at the beginning and at the end of the monitoring.

(3) The Department may notify an agency of problems found in the monitoring. If the Department determines that the recordkeeping is deficient or that the agency does not comply with contract provisions or with state or federal regulations, the Department may issue preliminary findings that:

(a) Provide specific examples of each deficiency and noncompliance;

(b) Request corrective action on each deficiency or noncompliance; and

(c) Offer assistance in developing a corrective action plan.

(4) An agency shall respond to a preliminary finding not later than the 30th day after the date on which the agency received the preliminary findings. The response must include a corrective action plan that addresses each identified deficiency and noncompliance or must explain why the preliminary findings were in error. The response is subject to reply by the Department as to whether the Department accepts or rejects the response in whole or in part. The agency may submit to the Department a corrective action plan for any remaining, unresolved deficiency or noncompliance not later than the 20th day after receipt of the Department’s notification.

(5) If the Department determines that any unresolved deficiency or noncompliance remains after submission of a corrective plan under section (4) of this section, the Department may transmit to the agency a finding of facts that:

(a) Details the specific deficiencies and noncompliances and any required corrective actions; and

(b) Establishes a time period for corrective action to take place.

(6) At the end of the time period for corrective action under section (5) of this rule, if specific corrective actions have not been effected, the agency is subject to regulatory action by the Department, including the withholding of funds, disallowance of costs, suspension of contract or termination of contract.

Stat. Auth.: ORS 184.082 & 485.505-515
Stats. Implemented: ORS 458.505-515
Hist.: HR 3-1987, f. & ef. 12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0015; HSG 9-1993, f. & cert. ef. 10-1-93; OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05; Administrative correction 6-17-05; OHCS 9-2010(Temp), f. & cert. ef. 8-12-10 thru 2-7-11; OHCS 1-2011, f. & cert. ef. 2-7-11

813-230-0020

Termination of Community Action Agencies

(1) A CAA shall not be terminated by the State of Oregon unless, and after notice and opportunity for hearing, it has been determined that cause existed for termination.

(2) Such notice shall be sent to a CAA by the Administrator and a hearing shall be held before the Administrator when in his or her opinion probable cause for termination exists.

(3) A CAA may appeal the Administrator's decision to the Director for hearing on the record.

(4) A CAA may appeal the Director's decision to the Governor for hearing on the record.

(5) The decision to terminate a CAA will be transmitted to the Secretary for the U.S. Department of Health and Human Services for review within ten working days of that decision being finalized.

Stat. Auth.: ORS 184.082 & 458.505-515
Stats. Implemented: ORS 458.505-515
Hist.: HR 3-1987, f. & ef. 12-30-87; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-110-0020; HSG 9-1993, f. & cert. ef. 10-1-93; OHCS 5-2004(Temp), f. & cert. ef. 12-17-04 thru 6-14-05; Administrative correction 6-17-05

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