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

 

DIVISION 250

OREGON HUNGER RESPONSE FUND

813-250-0000

Purpose and Objectives

(1) OAR chapter 813, division 250 establishes and implements the Oregon Hunger Response Fund Program which is funded by general fund moneys and designed to carry out the department’s responsibility as the lead public body in administering the state policy on hunger under ORS 458.525 to 458.545. The Oregon Hunger Response Fund Program is the means by which the department allocates funds for the statewide network of food banks and emergency food programs to acquire food and new food sources, build network capacities and link emergency food clients to other services.

(2) The Oregon Food Bank, a nonprofit corporation organized under ORS Chapter 65, is the organization currently designated by the department to coordinate delivery of food to eligible program recipients.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13; OHCS 4-2013, f. & cert. ef. 6-4-13; OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0005

Definitions

All terms used in OAR chapter 813, division 250, are defined in the Act, in 813-005-0005, and in this 813-250-0005. As used in OAR 813, division 250, unless the context indicates otherwise:

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

(2) Department” means the Housing and Community Services Department for the state of Oregon.

(3) “Federal poverty guideline” means the federal poverty guideline for the state of Oregon established from time to time by the U.S. Department of Health and Human Services.

(4) “Funding agreement” means that written agreement, together with all incorporated documents and references, executed by and between the department and the Oregon Food Bank, in form and substance satisfactory to the department, as a condition precedent for receipt of program funding from the department.

(5) "Household" means any individual living alone, family with or without children, or group of individuals who are living together as one economic unit.

(6) "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.

(7) “Local service provider” or “recipient agency” means an organization that directly provides program services within a local service area to eligible households pursuant to a written agreement with the department or a program provider.

(8) “Oregon Food Bank” means the nonprofit corporation organized under ORS chapter 65, which is the program provider designated by the department to coordinate delivery of food to eligible program recipients through local service providers.

(9) “OHRF” or “fund” means the Oregon Hunger Response Fund Account from which moneys are continuously appropriated for carrying out the purposes of the program.

(10) "OHRFP" or "program" means the Oregon Hunger Response Fund Program administered by the department pursuant to ORS 458.530 to 458.545.

(11) “Program provider” means the organization or organizations so designated by the department and with which it has executed a funding agreement to administer the program, or aspects thereof, consistent with program requirements as further provided in the funding agreement.

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

(13) “Program services” means any or all program services, assistance, or other activities made available to eligible households under the program, including but not limited to relieving situations of emergency and distress by enabling the provision of food to eligible households.

(14) "Service area" means the local geographic area or region within which a local service provider provides program services to eligible households.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0015

Provider Selection

(1) The department may administer the program directly or, in whole or in part, by written agreement with one or more program providers or local service providers.

(2) The department may select program providers and local service providers on a competitive basis or otherwise as it determines best serves the purposes of the program.

(3) Any program provider must execute a funding agreement with the department, satisfactory to the department in its sole discretion, in order to act in that capacity and receive program funding.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0020

Administration

(1) Program providers may select and subcontract with local service providers to provide program services within a service area. Such subcontracts must be in writing and, at a minimum, include provisions specifying:

(a) The funding amount;

(b) The provision of program services, including determination of household eligibility and appropriate program services;

(c) The effective date and duration of the agreement;

(d) Fiscal and other program reporting requirements;

(e) Audit and compliance requirements; and

(f) Obligations to the department as a third-party beneficiary, including specifying department compliance monitoring and remedy rights consistent with program requirements.

(2) Subcontract agreements are subject to review and approval by the department, at its choosing and in its sole discretion.

(3) The department may require terms and conditions in addition to or different from those specified in subsection (1) of this section in its sole discretion.

(4) The department may terminate a subcontract agreement upon written notice to the program provider and local service provider in its sole discretion. Local service providers shall not be entitled to payment for program services provided after receipt of a termination notice from the department.

(5) Exercise of a termination remedy by the department is not exclusive of any other remedy or right available to the department and does not constitute a waiver, or create a bar to the exercise, (at any time) of such other rights and remedies.

(6) A recipient agency must execute a written agreement with a program provider or the department in order to receive program funding and provide program services.

(7) A recipient agency may recommend guidelines to its program provider or the department for the uses and disbursement of program funds.

(8) Program providers may use program funds to supplement but not supplant other existing resources available for supporting their activities and the activities of local service providers. Program funds may only be used for appropriate program services or as otherwise expressly allowed by program requirements.

(9) Neither service provider nor a recipient agency may require a program recipient to make any payments in money, materials or services for, or in connection with, the receipt of program services.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13; OHCS 4-2013, f. & cert. ef. 6-4-13; OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0030

Eligible Program Services

(1) The department and program providers, including through local service providers, may use program funds for:

(a) Capacity building activities and equipment purchases to strengthen or expand the infrastructure of recipient agencies to facilitate expansion of the food supply, including the transportation of commodities;

(b) Acquisition and distribution of food in bulk form that is repackaged for household use; and

(c) Linkage grants to appropriate recipient agencies for outreach to under-served areas so that emergency food recipients can obtain needed nutrition education and other support services.

(2) Program providers and recipient agencies may use program funds to pay for their reasonable program administrative costs up to limits established by the department.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13; OHCS 4-2013, f. & cert. ef. 6-4-13; OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0040

Fiscal Control and Reporting Requirements

(1) Program providers and recipient agencies:

(a) Shall create and maintain records satisfactory to the department that documents the use of program funds, including for linkage activities and the receipt and distribution of purchased commodities;

(b) Shall create and maintain records satisfactory to the department that relate to program services; and

(c) Maintain such records for a period of five years or until the completion of audits, claims or litigation to which they are relevant, whichever is longer.

(2) Program providers and recipient agencies shall make such records available to the department for inspection and copying upon its request. Recipient agencies also shall make such records available to their program provider for inspection and copying upon its request.

(3) Each recipient agency shall report annually to its program provider regarding the type and amount of food purchased with program funds in a manner satisfactory to the program provider and department.

(4) Program providers shall provide the department:

(a) An annual audit of program activities and fiscal transactions within nine months following the end of the fiscal audit period;

(b) A year-end report of linkage projects carried out by each recipient agency and acquisitions of goods by the program provider; and

(c) Such other information as the department may require.

Stat. Auth.: ORS 456.555
Stats. Implemented: OL 1993 Ch. 725, ORS 456.625 & 458.525 - 458.545
Hist.: HSG 1-1994, f. & cert. ef. 3-2-94; OHCS 4-2003, f. & cert. ef. 5-12-03; OHCS 4-2008, f. & cert. ef. 4-11-08; OHCS 6-2012(Temp), f. & cert. ef. 12-6-12 thru 6-4-13; OHCS 4-2013, f. & cert. ef. 6-4-13; OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0055

Compliance Monitoring; Remedies

(1) The department may conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each program provider and local service provider, inter alia, to assure compliance with program requirements. Program providers and local service providers 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 program providers or terminating subcontract agreements with local service providers and requiring repayment of all program funding, if it determines (in its sole discretion) that the performance of the program provider or local service provider 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 a program provider or local service provider 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 program provider or local service provider 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, a relevant subcontract agreement, or other program requirements, at law or otherwise.

Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0060

Review of Program Provider and Local Service Provider Action

(1) Program providers shall provide a review process satisfactory to the department for persons aggrieved by program provider or local service provider action or inaction with respect to program obligations.

(2) The program provider must inform the department in writing of any qualifying request by an aggrieved party for review of relevant action or inaction within ten (10) days of such request.

(3) The program provider 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
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

813-250-0070

Department Review

(1) Persons aggrieved by an action of a program provider or local service provider 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 program provider and within thirty (30) days of that program provider’s 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 program provider, and the local service provider 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
Stats. Implemented: ORS 456.625 & 458.525 - 458.545
Hist.: OHCS 8-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 22-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14

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