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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 240
HOMELESS ASSISTANCE

813-240-0001
Purpose and Objectives
OAR chapter 813, division 240, is promulgated
to accomplish the general purpose of ORS 458.505 to 458.545, and particularly ORS
458.505, which designates the Housing and Community Services Department as the state
agency responsible for administering state and federal antipoverty programs in Oregon.
The State Homeless Assistance Program addressed in this division is one such program
subject to department administration and has as its purpose the funding of emergency
shelters and the supportive services directly related to them in order to meet the
emergency needs of the homeless.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: OHCS 4-2001(Temp)
f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02;
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended
by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0005
Definitions
All words and terms as used in OAR chapter
813, division 240 are defined in the Act, in OAR 813-005-0005 and below. As used
in OAR chapter 813, division 240, unless the context indicates otherwise:
(1) "Administrative costs"
means all costs that are not directly related to delivery of program services.
(2) “Assistant director”
means the department’s assistant director for the housing stabilization program.
(3) "Community action agency"
or "CAA" means a private, nonprofit corporation organized under ORS chapter 65,
or 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).
(4) “Conditional”
means subject to relevant conditions subsequent, including but not limited to continued
department authority and funding capacity as well as subgrantee agency, to the satisfaction
of the department, satisfying the terms of its funding application, maintaining
legal standing as a CAA, timely satisfying relevant program requirements, and executing
and recording (if required) relevant documents.
(5) “Department”
or “OHCS” means the Housing and Community Services Department for the
state of Oregon.
(6) “Director”
means the department director as appointed by the governor.
(7) "Emergency shelter" means
any appropriate facility that has the primary purpose of providing temporary or
transitional shelter for the homeless in general or for specific populations of
the homeless and the use of which does not require occupants to sign leases or occupancy
agreements.
(8) “Funding agreement”
means that master grant agreement or other written agreement, together with all
incorporated documents and references, to be executed by and between the department
and subgrantee agency in form and substance satisfactory to the department as a
condition precedent for receipt of program funding from the department.
(9) "Funding application"
means the subgrantee agency's application to the department for a program grant.
(10) “HMIS” means
the Homeless Management Information System.
(11) "Homeless" means an
individual, family or household that lacks a fixed, regular and adequate nighttime
residence in accordance with department categorical definitions. Categorical definitions
are contained in the program manual.
(12) "Household" means an
individual living alone, a family with or without children or a group of individuals
who are living together as one economic unit.
(13) “HUD” means
the U.S. Department of Housing and Urban Development.
(14) "Program” or “SHAP”
means the State Homeless Assistance Program administered by the department pursuant
to this division and other applicable law.
(15) “Program manual”
or “manual” means the State Homeless Assistance Program Operations Manual
as amended from time to time, incorporated herein by this reference. The manual
may be accessed online on the department’s website.
(16) “Program requirements”
means all funding agreement terms and conditions (including work plan objectives),
department directives (including deficiency notices), and applicable state, local,
and federal laws and regulations (including these rules, other applicable department
rules, and the manual), executive orders, local ordinances and codes.
(17) "Program services" means
allowable services and activities related to emergency shelter funding and operation
including, but not limited to, operational costs, shelter conversion or rehabilitation,
shelter resident support services, and data collection as defined in the department
program manual and eligible for funding under the program.
(18) "Service area" means
the specific geographic area or region within which a subgrantee agency provides
program services directly or by contract.
(19) "Subcontractor”
or “subrecipient” means a nonprofit corporation established under ORS
chapter 65, a housing authority established under ORS 456.055 to 456.235 or local
government as defined in ORS 197.015, contracting with a subgrantee agency to provide
program services.
(20) "Subgrantee agency"
or “agency” means a private, nonprofit corporation organized 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, with whom the department has contracted to
administer program services at the local level.
(21) “Sufficiency”
means that the quantity, thoroughness and quality of performance is satisfactory
to the department, including but not limited to providing relevant information in
a manner and to a degree for the department to assess appropriately subgrantee agency’s
compliance with relevant program requirements such as the provision of services
consistent with the terms of the funding agreement, state plan and other appropriate
standards, goals and requirements established by the department.
(22) "Work plan" or "plan"
means the subgrantee agency's plan for the use of program funds as approved by the
department, which is a part of its approved funding application, and included in
its funding agreement with the department.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
- 458.515
Hist.: AFS 65-1985, f. &
ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0000;
HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01
thru 5-26-02; Renumbered from 813-240-0000; OHCS 6-2002, f. & cert. ef. 5-15-02;
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended
by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0010
Administration
(1) The department may contract with
subgrantee agencies to provide program services at the local level. In a service
area where a community action agency exists, the community action agency has a conditional
right of first refusal to serve as the subgrantee agency for the service area.
(2) The department normally
will allocate program funds to subgrantee agencies for the various service areas
through a formula established by the department prior to the allocation process.
The department reserves the right to modify such formula at any time in its sole
discretion.
(3) A subgrantee agency may
subcontract with other organizations that meet the requirements of ORS 458.505(4)
to provide program services in the subgrantee agency's service area.
(4) A subgrantee agency shall
identify potential applicants, certify eligibility and provide program services
to eligible households within its service area. Whenever appropriate, program participants
will be assisted in accessing other services designed to meet other, longer-term
needs.
(5) The department normally
will fund only one subgrantee agency within any service area. However, the department
may, in its sole discretion, allow two or more subgrantee agencies to operate within
a common service area. In such cases, the subgrantee agencies shall enter into a
written agreement with the department, satisfactory to the department in its sole
discretion, in order, inter alia, to ensure full access to program services for
all eligible households within the service area to the extent of available funding
and to prevent duplication of services.
(6)(a) A subgrantee agency
may expend up to an amount authorized by the department in writing for reimbursement
of reasonable and appropriate administrative costs.
(b) If a subgrantee agency
subcontracts with another organization to provide program services, that organization
may expend up to an amount for administrative costs that does not exceed the subgrantee
agency’s proportionate share of the amount authorized by the department for
reasonable and appropriate administrative costs of the funding award.
(c) The ultimate determination
of reasonable and appropriate administrative costs is reserved to the department
in its sole discretion.
(7) A subgrantee agency and
its subcontractors shall comply with the terms of the funding agreement and all
other program requirements, including but not limited to department directives (including
deficiency notices), applicable local, state and federal laws, rules (including
the program manual, regulations, executive orders, local ordinances and codes.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
- 458.515
Hist.: AFS 65-1985, f. &
ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0005;
HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01
thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. &
cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. &
cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS 17-2015,
f. & cert. ef. 8-25-15
813-240-0015 [Renumbered to 813-240-0035]
813-240-0020
Client Eligibility
(1) Program services will be available
to households that are certified by the subgrantee agency as homeless.
(2) A subgrantee agency may
consider a household's self-declaration or referral of a household from local, state
or federal human service agencies, if no other verifiable documentation is available,
to determine eligibility of that household for program services.
(3) A subgrantee agency will
not require residency within its service area or legal status as client eligibility
criteria.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: AFS 65-1985, f. &
ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0010;
OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. &
cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14;
Temporary Suspended by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14;
Administrative correction, 5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0030 [Renumbered to 813-240-0015]
813-240-0035
Use of Funds
(1) Program funds will be used for homeless
shelter services within the allowable program components and activities as further
defined in the funding agreement and program manual.
(2) Program services shall
not be utilized for purposes of rent or house payment to prevent eviction or foreclosure.
(3) Program funds granted
or otherwise awarded shall not be used by the subgrantee agency to replace funds
currently being received from other sources, available or reasonably expected to
be available to the subgrantee agency, but may be used to supplement existing funds
or to support existing programs or establish new programs.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
- ORS 458.515
Hist.: AFS 65-1985, f. &
ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0015;
HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 6-2002, f. & cert. ef. 5-15-02;
Renumbered from 813-240-0030 by OHCS 12-2014, f. & cert. ef. 1-27-14; OHCS 13-2014(Temp),
f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp),
f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; Renumbered
from 813-240-0015, OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0041
Funding Application
(1) Prior to providing any program services,
a subgrantee agency shall submit on a biennial basis, a funding application satisfactory
to the department, including a work plan, which must be approved in writing by the
department before being operative. The subgrantee agency shall adhere to the department's
requirements and deadlines for obtaining approval of this funding application. A
funding application is subject to approval, including as modified by the department,
or disapproval by the department.
(2) A subgrantee agency's
funding application shall include details satisfactory to the department on how
the subgrantee agency provided a meaningful opportunity for participation in the
development of the work plan by the local or regional continuum of care, local service
providers, advocates, clients, businesses, churches, governments and other interested
stakeholders.
(3) A subgrantee agency's
funding application must meet all requirements established by the department for
the form and content of the funding application. In cases where a community action
agency has the conditional right of first refusal for antipoverty program administration,
and the community action agency cannot meet the requirements for the form and content
of the funding application, the department, in its sole discretion, may allow other
eligible organizations to submit a funding application with respect to that service
area.
(4) Funding applications
will be evaluated by the department for sufficiency with respect to application
and other program requirements.
Stat. Auth.: ORS 456.555
Stats Implemented: ORS 458.505
Hist.: OHCS 4-2001(Temp)
f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02;
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended
by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0050
Reporting and Recordkeeping
(1) Subgrantee agencies shall maintain
accurate financial records satisfactory to the department, which document, inter
alia, the receipt and disbursement of all funds provided through the program by
the department, and have an accounting system in place satisfactory to the department,
which meets, inter alia, generally accepted accounting principles.
(2) Subgrantee agencies also
shall maintain other program records satisfactory to the department, which document,
inter alia, client eligibility, receipt of allowable program services, termination
of services and bases for same, housing status of clients, administrative actions,
contracts with subcontractors, review of subcontractor performance, action taken
with respect to deficiency notices, and any administrative review proceedings. Such
records shall be in substance and format satisfactory to the department.
(3) Subgrantee agencies shall
provide the department with all required reports, data, and financial statements
by department determined submission deadlines including:
(a) Program reports detailing
the progress made toward meeting program performance measures and service delivery
objectives; and
(b) Fiscal reports detailing
all administrative and program costs.
(4)(a) Subgrantee agencies
and their subcontractors shall furnish representatives of the department, the Oregon
Secretary of State's Office, the federal government, and their duly authorized representatives’
access to and permit copying of all books, accounts, documents, records and allow
reasonable access to the project and other property pertaining to the program, at
any such representative’s request.
(b) Subgrantee agencies and
their subcontractors shall cooperate fully in any inspections or other monitoring
actions taken by the department, the Oregon Secretary of State's Office, the federal
government, and their duly authorized representatives.
(c) Subgrantee agencies shall
retain and keep accessible all program records for a minimum of five (5) years,
or such longer period as may be required by applicable law and state records retention
requirements, following final payment and termination of program involvement, or
until the conclusion of any audit, controversy or litigation arising out of or related
to the program, whichever date is later.
(5) Subgrantee agencies shall
ensure that data is reported, collected and organized accurately, timely and otherwise
in a manner satisfactory to the department through the use of a department-approved
HMIS.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: AFS 65-1985, f. &
ef. 11-5-85; AFS 37-1988, f. 5-12-88, cert. ef. 5-12-88 (and corrected 5-18-88);
HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0025; HSG 10-1993,
f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01 thru 5-26-02;
OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. & cert. ef.
1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. & cert.
ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS 17-2015, f. &
cert. ef. 8-25-15
813-240-0060
Compliance Monitoring; Remedies
(1) The department will conduct reviews,
audits, and other compliance monitoring as it deems appropriate with respect to
each subgrantee agency and its subcontractors, inter alia, to verify compliance
with program requirements. Subgrantee agencies and their subcontractors will cooperate
fully with the department in its compliance monitoring.
(2) Subgrantee agencies shall
require by contract and monitor their subcontractors’ compliance with all
program requirements including but not limited to, recordkeeping and retention of
records and department compliance monitoring and enforcement.
(3)(a) The department may
take such remedial action as it deems appropriate including, but not limited to
terminating its funding agreement with a subgrantee agency and requiring repayment
of partial or all program funding, if it determines (in its sole discretion) that
the performance of the subgrantee agency or any of its subcontractors is deficient
in any manner, including with respect to program requirements.
(b) The department will notify
a subgrantee agency of deficiencies identified through the monitoring process and
provide documentation for the basis of such determination and the specific deficiency
or deficiencies that must be corrected.
(c) The department will require
the subgrantee agency to correct any deficiencies in a manner and timeframe satisfactory
to the department and may offer training and technical assistance to the subgrantee.
(d) The department, at its
discretion, may offer the subgrantee assistance in the development of a corrective
action plan. If a corrective action plan is allowed, the department will review
and issue a decision on whether to approve or disapprove.
(4) The department will provide
adequate notice and opportunity for appeal prior to a remedial action that terminates
organizational eligibility for program funding for cause.
(5) Appeals will be addressed
to the assistant director or designee whose decision may be further appealed to
the department director.
(6) 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 or other program requirements, at law or otherwise.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
Hist.: AFS 65-1985, f. &
ef. 11-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 461-100-0030;
HSG 10-1993, f. & cert. ef. 10-1-93; OHCS 4-2001(Temp) f. & cert. ef. 12-7-01
thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02; OHCS 13-2014(Temp), f. &
cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 23-2014(Temp), f. &
cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS 17-2015,
f. & cert. ef. 8-25-15
813-240-0070
Challenge of Subgrantee Action
(1) Local interest groups, service providers
or others aggrieved by a subgrantee agency 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 administrative review process
furnished by the relevant subgrantee agency and within thirty (30) days of that
administrative review determination or refusal by the subgrantee agency to provide
such administrative 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 will not necessarily be limited to review of provided information.
(3) If the department accepts
the review request, the requester of the review, the subgrantee agency, and relevant
subcontractors will 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 will
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 458.505
Hist.: OHCS 4-2001(Temp)
f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02;
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended
by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15
813-240-0080
Review by Subgrantee
(1) Subgrantee agencies will establish
in writing a process satisfactory to the department that, in a timely manner, enables
beneficiaries of and applicants for program services to contest a determination
by the subgrantee agency or its subcontractors that:
(a) Denies or limits the
eligibility of a beneficiary or applicant for benefits or other assistance; or
(b) Terminates or modifies
benefits or other assistance awarded by the subgrantee agency or subcontractor to
a beneficiary.
(2) Persons aggrieved by
the action of a subgrantee agency or its subcontractors described in subsection
(1) may request administrative review of such action by the subgrantee agency within
the time frame and pursuant to the process established by the subgrantee agency
consistent with program requirements. At all times, the subgrantee agency must
allow a minimum of thirty (30) days within which an aggrieved person may request
review from the time of the contested action or the aggrieved person’s reasonable
discovery of such action, whichever is longer.
(3) The subgrantee agency
will inform the department in writing of any request by an aggrieved party for administrative
review within ten (10) days of such request.
(4) The subgrantee agency
will inform the department and the aggrieved party in writing of any final administrative
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 458.505
Hist.: OHCS 4-2001(Temp)
f. & cert. ef. 12-7-01 thru 5-26-02; OHCS 6-2002, f. & cert. ef. 5-15-02;
OHCS 13-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended
by OHCS 23-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 17-2015, f. & cert. ef. 8-25-15

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