The Oregon Administrative Rules contain OARs filed through November 15, 2015
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DEPARTMENT OF TRANSPORTATION,
PUBLIC TRANSIT DIVISION
DIVISION 20
THE STF DISCRETIONARY PROGRAM
732-020-0005
Discretionary Program
(1) Discretionary Account moneys may be distributed through a Discretionary Program managed by the Division.
(2) The Division will announce the amount of funds available for distribution and will make applications and application procedures publicly available.
(3) The Oregon Transportation Commission may establish requirements for the Discretionary Program, including and not limited to:
(a) Specific goals and objectives;
(b) Priorities;
(c) Project type and purpose; and
(d) A matching contribution.
(4) The Discretionary Program will:
(a) Be available on a cycle to be determined by the Oregon Transportation Commission;
(b) Be a competitive award process; and
(c) Award moneys based on the requirements of the Discretionary Program.
(5) The Division may combine moneys from the Discretionary Account with other state and federal moneys available to the Division into a unified discretionary grant program.
(6) A STF Agency may request Discretionary Program moneys by submitting a complete application. The STF Agency may submit more than one application, and may submit applications prepared by entities other than the STF Agency.
(a) If an application is prepared for submission by an entity other than the STF Agency, the STF Agency will:
(A) Acknowledge the application by providing a signature;
(B) Verify willingness to enter into an agreement with the applicant to receive and disburse the Discretionary Grant moneys for the Project; and
(C) Submit the application to the Division.
(b) Prior to submitting an application to the Division, the STF Agency will:
(A) Consult with its Advisory Committee regarding the proposed project; and
(B) Ensure that the proposed project is consistent with the STF Agency's STF plan or other plan addressing the transportation needs of the public including the Elderly and People with Disabilities.
(C) The STF Agency is not obligated to submit an application to the Division that does not meet its approval.
(c) The Advisory Committee will meet at least one time to review all of the applications and make recommendation to the STF Agency.
(d) If more than one application is prepared for submission, the STF Agency will rank the projects reviewed in priority order before submitting them to the Division.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0020
Application Review
(1) The Division will establish a process for reviewing Discretionary Program applications that will include, and is not limited to:
(a) An initial screening of applications for compliance with Discretionary Program requirements. If program requirements are not met:
(A) The Division may ask for further information or clarification; and
(B) May recommend disapproval of the application to the Oregon Transportation Commission and advise the STF Agency of the reasons for recommending disapproval;
(C) Reasons for the Division to disapprove an application may include, and are not limited to, the following:
(i) No advisory committee, or improper membership;
(ii) STF Agency failure to confer with the Advisory Committee;
(iii) Purpose of the project is not in accordance with the requirements of the program; and
(iv) The potential recipient identified in the application is ineligible to receive STF moneys.
(b) A review of the qualified applications will be conducted by the appointed grant review panel;
(c) The Discretionary Program application review may be conducted in conjunction with the review of other state and federal grant applications submitted to the Division; and
(d) After consideration of the grant review panel's recommendation, the Division shall submit a final recommendation for funding to the Oregon Transportation Commission.
(2) Criteria for review and selection of Discretionary Grants will be established by the Oregon Transportation Commission, and may include, and not be limited to:
(a) Public support for the proposed Project;
(b) The need for the proposed Project;
(c) The effectiveness of the proposed Project;
(d) The efficiency of the proposed Project;
(e) The appropriateness in scope or scale of the proposed Project;
(f) A satisfactory history of applicant performance, if appropriate;
(g) Consistency with state and local priorities and needs as identified in planning documents; and
(h) Demonstration of Coordination of transportation resources.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0025
Discretionary Grant Review Panel
(1) The Division will establish a grant review panel to review Discretionary Program applications and recommend Discretionary Grant awards.
(2) The grant review panel will be composed of members with knowledge of the transportation needs of the Elderly and People with Disabilities:
(a) Members of the panel, and the agencies they represent, may not benefit monetarily from any funding decision; and
(b) The Oregon Transportation Commission will appoint individuals to serve on the grant evaluation panel. The panel members may represent state agencies, local government, organizations representing the Elderly and People with Disabilities, the community, local transportation planners and the transportation service industry.
(3) The grant review panel will:
(a) Use the criteria established in accordance with OAR 732-020-0020(2) when reviewing the applications; and
(b) Adhere to the Oregon Public Meeting Law.
(4) The grant review panel may review and recommend procedures and additional review criteria to the Division as necessary to perform their duties in a timely manner.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 1-1994, f. & cert. ef. 12-30-94; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0030
Award of Funds
(1) Upon approval of the Discretionary Program applications by the Oregon Transportation Commission, the Division will:
(a) Notify the applicant of the approval or denial of their application; and
(b) For an approved application, enter into a written agreement with the STF Agency to award funds.
(2) Discretionary Grants that are for planning, needs assessment, research, demonstration and operating projects:
(a) Payments will be made based on reported expenditures; and
(b) Final payment will be made upon receipt of final reports.
(3) Discretionary Grants that are for capital projects, payment may be made upon receipt of vendor invoice or billing.
(4) Other arrangement for payment is at the discretion of the administrator of the Division.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0035
Use of Funds
The uses of the STF Discretionary Grant moneys will be consistent with purposes defined by OAR 732-005-0016, and will be directly associated with activities conducted to complete the project.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0040
Discretionary Project Monitoring
(1) The Division will monitor each Discretionary Grant agreement on an ongoing basis by:
(a) Review of project reports;
(b) An on-site visit to the STF Agency, as appropriate; and
(c) Review of other information, as appropriate.
(2) Discretionary grant agreements may be terminated or suspended by the Division before the date indicated in the agreement. Grounds for termination or suspension of an agreement will include, and are not limited to, a finding by the Division that:
(a) A Recipient is in clear violation of state or local laws or regulations governing passenger transportation;
(b) A Recipient is in clear violation of the laws or rules of this program, or is improperly using program funds; and
(c) A project is incapable of being performed, or has not been performed, in a safe, prudent and timely manner.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
732-020-0045
Redistribution of Funds
For Discretionary Account moneys, the Division will return funds awarded, but not used, back to the Discretionary Account upon termination of a grant.
Stat. Auth.: ORS 184.616, 184.619 & 391.810
Stats. Implemented: ORS 391.800 - 391.830
Hist.: PTD 1-1990, f. & cert. ef. 5-31-90; PTD 2-2004, f. 12-16-04, cert. ef. 1-1-05
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contained in the Administrative Order filed at the Archives Division,
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