Designation And Responsibilities Of Community Action Agencies


Published: 2015

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The Oregon Administrative Rules contain OARs filed through November 15, 2015

 

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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 230
DESIGNATION AND RESPONSIBILITIES OF COMMUNITY ACTION AGENCIES

813-230-0000
Definitions
(1) “Assistant director”
means the department’s assistant director for the housing stabilization programs.
(2) “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).
(3) "Department" or “OHCS”
means the Housing and Community Services Department for the state of Oregon.
(4) "Director" means the
department director as appointed by the governor
(5) "Governor" means the
governor of the state of Oregon.
(6) "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; OHCS 16-2015, f. & cert. ef. 8-25-15
813-230-0005
Administration of Antipoverty Programs
(1) The department is authorized by
the Oregon legislature as the state affordable housing finance agency and administrator
of 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
Solutions Grant Program and any other federally funded program that benefits low-income
Oregonians.
(2) The department administers
the federal anti-poverty programs through subcontracts with community action agencies,
the Oregon Human Development Corporation and other eligible entities under ORS 458.505.
(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; OHCS 16-2015, f. & cert. ef. 8-25-15
813-230-0007
Funding Eligibility
(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 eligible entity that the
department has identified as able to effectively serve low income populations because
of the agency’s established service delivery system.
(4) For each antipoverty program,
allocation of program funds to service areas is subject to a formula established
by the department prior to the allocation process. The department may modify a formula
at any time in compliance with program requirements.
(5) The department may fund
only one agency in a service area unless the department in its sole 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;
OHCS 16-2015, f. & cert. ef. 8-25-15
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 department 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 department 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 department for review and approval or disapproval.
(5) Efforts to establish
new CAAs in unserved areas of the state shall be initiated at the local level and
submitted to the department for review and approval or disapproval.
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; OHCS 16-2015, f. & cert. ef.
8-25-15
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 department and a hearing shall be held before the assistant
director when in his or her opinion probable cause for termination exists.
(3) A CAA may appeal the
assistant director’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; OHCS 16-2015, f. & cert. ef.
8-25-15

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