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DEPARTMENT OF HUMAN SERVICES, SELF-SUFFICIENCY PROGRAMS









 

DIVISION 191
EMERGENCY FOOD ASSISTANCE PROGRAM
461-191-0001
Purpose and Objectives
OAR chapter 813, division 220, is promulgated
to accomplish the general purpose of ORS 458.505 to 458.545, specifically ORS 458.525
to 458.530, which designates Oregon Housing and Community Services Department as
the lead agency to coordinate state efforts in meeting the problem of hunger that
operates through a network of local service-provider agencies. The department has
designated the Oregon Food Bank as the agency responsible for administering the
Emergency Food Assistance Program in Oregon within OAR chapter 813, division 220.
The program's objective is to provide lower-income households with food for home
and congregate meal use. OHCS believes that receiving USDA foods will not create
any additional barriers between clients and their need for food than is stated in
statute.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525
- 458.545
Hist.: OHCS 3-2003, f. &
cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp),
f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp),
f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS
15-2015, f. & cert. ef. 8-25-15; Renumbered from 813-220-0001, SSP 30-2015,
f. & cert. ef. 10-9-15
461-191-0005
Definitions
All terms used in OAR chapter 813, division
220, are defined in the Act, and in 813-005-0005. As used in OAR chapter 813, division
220, unless otherwise indicated by the context:
(1) "Eligible services" means
services provided in accordance with the rules and regulations governing the program.
(2) "Low income household"
means a household with an income at or below 185 percent of the federal poverty
line.
(3) "Program" means the Emergency
Food Assistance Program authorized by public law 98-8 and as extended by public
law 98-92.
(4) "Recipient agency means
any public or private, nonprofit agency that has subcontracted with the Oregon Food
Bank to relieve situations of hunger through distribution of USDA foods to local
designated food assistance programs such as congregate meal sites, temporary shelters
and emergency food pantries.
(5) "Oregon Food Bank" or
“OFB” means the private, nonprofit organization designated by the department
to coordinate the distribution of USDA foods in Oregon.
(6) "Storage and distribution
costs" means direct costs incurred by the department, OFB and/or recipient agency
for the operation of the program, including but not limited to, intrastate storage
and distribution of USDA foods.
(7) "USDA foods" means commodities
provided to low income households under the program.
(8) "USDA" means the United
States Department of Agriculture.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525
- 458.545
Hist.: HR 2-1983(Temp), f.
& ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HSG 8-1992, f. & cert. ef.
7-29-92; Renumbered from 410-090-0000; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS
3-2003, f. & cert. ef. 5-12-03, Renumbered from 813-220-0000; OHCS 3-2008, f.
& cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14;
Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14;
Administrative correction, 5-2-14; OHCS 15-2015, f. & cert. ef. 8-25-15; Renumbered
from 813-220-0005, SSP 30-2015, f. & cert. ef. 10-9-15
461-191-0010
Administration
(1) The department has, through the
master grant agreement, designated the OFB, a nonprofit corporation organized under
ORS chapter 65, as the program's responsible agency to distribute USDA foods statewide.
(2) OFB may select and subcontract
with recipient agencies to carry out program activities at the local level.
(3) The reimbursement of
federal funds shall be paid by the department to the OFB. OFB in consultation with
OHCS will calculate the proportionate share of the moneys received from the department
as reimbursement for program storage and distribution costs.
(4) OFB and their recipient
agencies shall comply with all applicable state and federal rules and regulations.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.525
- 458.545
Hist.: HR 2-1983(Temp), f.
& ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HSG 8-1992, f. & cert. ef.
7-29-92; Renumbered from 410-090-0005; HSG 8-1993, f. & cert. ef. 10-1-93; OHCS
3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS
10-2014(Temp), f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS
20-2014(Temp), f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction,
5-2-14; OHCS 15-2015, f. & cert. ef. 8-25-15; Renumbered from 813-220-0010,
SSP 30-2015, f. & cert. ef. 10-9-15
461-191-0015
Requirements Imposed on OFB and
Recipient Agencies
OFB and their recipient agencies are
the responsible agencies designated for the distribution of USDA foods and allocation
of funds. Prior to providing services, OFB and the recipient agencies will have
entered into an agreement for such distribution and receipt of program USDA foods.
Specific terms and conditions for doing so include:
(1) Each distribution site
must collect and maintain records for each household receiving the Emergency Food
Assistance Program (TEFAP) USDA foods for home consumption. TEFAP records should
contain:
(a) The name of the household
member receiving USDA foods,
(b) The address of the household
(to the extent practicable, homeless persons, or people who have just arrived in
the area, may not be able to provide an address),
(c) The number of persons
in the household, and
(d) The basis for determining
that the household is eligible to receive USDA foods for home consumption.
(A) No distribution site
will collect social security numbers for households applying for TEFAP.
(B) No supporting documentation
is required for an income eligibility determination for TEFAP.
(2) All records must be retained
for a period of three (3) years from the close of the federal fiscal year to which
they pertain, or longer if related to an audit or investigation in progress. Records
must be reasonably accessible at all time for use during management evaluation reviews,
audits or investigations. OFB and their recipient agencies shall maintain records
as required by federal and state rules in accordance with federal regulations 7
CFR 251.10.
(3) OFB and their recipient
agencies shall be responsible for the loss of USDA foods:
(a) Loss of USDA foods from
improper distribution or use or failure to provide proper storage, care, or handling.
(b) Recipient agencies will
need to immediately submit a claim to OFB and the department if the loss of the
USDA foods value exceeds federal regulations.
(4) Under no circumstances
shall program recipients be required to make any payments in money, materials or
services in connection with participation in this program.
Stat. Auth.: ORS 183 & 458.505 -
458.515
Stats Implemented: ORS 458.525
- 458.530
Hist.: OHCS 3-2003, f. &
cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp),
f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp),
f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS
15-2015, f. & cert. ef. 8-25-15; Renumbered from 813-220-0015, SSP 30-2015,
f. & cert. ef. 10-9-15
461-191-0020
Client Eligibility
(1) USDA foods shall be made available
to low income households. Indication of participation in such programs as the Supplemental
Nutrition Assistance program, Temporary Assistance to Needy Families, SSI, State
General Assistance, Low-Income Home Energy Assistance and the Oregon Supplemental
Income Program shall establish a household's eligibility under the program. No letter
or other verifying document is required.
(2) Households may establish
their eligibility to participate in the program through a self-declaration of income
at or below 185 percent of the federal poverty line.
(3) Eligibility determination
is made by specific eligibility screening guidelines and shall be uniform statewide.
OHCS does not require any eligibility requirements other than what is required within
the federal guidelines for 7 CFR 251.5. The criteria must be:
(a) Income for households
meets the low-income poverty guidelines set forth by the income guidelines for the
current year. Eligible households in need of food assistance because of inadequate
household income may receive TEFAP USDA foods by signing a statement that declares
that their income is at or below 185% of the federal poverty level.
(b) Household must reside
in the geographic location served by the distribution site at the time of applying
for assistance, but length of residency shall not be used as an eligibility criterion.
Households should not be denied service for the reason that they are in transit
from one locality to another.
(4) Each distribution site
must ensure households demonstrate eligibility as described in section (3) or by
self-declaration.
Stat. Auth.: ORS 183 & 458.505 -
458.515
Stats. Implemented: ORS 458.505
- 458.515
Hist.: HR 2-1983(Temp), f.
& ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HR 2-1985, f. & ef. 2-5-85;
HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0010; OHCS 3-2003,
f. & cert. ef. 5-12-03; OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp),
f. & cert. ef. 1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp),
f. & cert. ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS
15-2015, f. & cert. ef. 8-25-15; Renumbered from 813-220-0020, SSP 30-2015,
f. & cert. ef. 10-9-15
461-191-0030
Allowable Services
(1) OFB and their recipient agencies
shall distribute USDA foods under the program to low income households through emergency
food box programs, congregate meal sites, temporary shelters, and emergency food
pantries.
(2) OFB and their recipient
agencies may conduct outreach to under-served areas so that emergency food recipients
can obtain needed nutrition education and other support services.
(3) Recipient agencies may
publicize the availability of USDA Foods and distribute those USDA foods in their
respective service areas in a manner that a maximum number of potential eligible
households are reached.
Stat. Auth.: ORS 184 & 458.505 -
458.515
Stats. Implemented: ORS 458.505
- 458.515
Hist.: HR 1-1984, f. &
ef. 5-30-84; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0015;
HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03;
OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef.
1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert.
ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS 15-2015, f. &
cert. ef. 8-25-15; Renumbered from 813-220-0030, SSP 30-2015, f. & cert. ef.
10-9-15
461-191-0050
Fiscal Controls
(1) OFB and their recipient agencies
will use funds made available under the federal guidelines in 7 CFR 251.8 for direct
expenses associated with the distribution of USDA foods and foods secured from other
sources to the extent that the foods are ultimately distributed by eligible recipient
agencies. OFB will furnish reports as required by OMB Circular A-133 to provide
these assurances.
(2) Internal controls including,
but not limited to, the use of vouchers and receipts to substantiate all expenditures
will be maintained by the OFB and recipient agencies. OHCS will conduct monitoring
of expenses and the accounting system on an annual basis.
(3) The OFB shall provide
the department with an annual audit of program and fiscal transactions within nine
(9) months after the close of the fiscal audit period in accordance with OMB Circular
A-133.
(4) Records of program activities
and fiscal transactions shall be maintained by the OFB and their recipient agencies
for a period of three (3) years from the close of the federal fiscal year to which
they pertain. These records shall be made available to federal, state and OFB monitoring
staff upon request.
(5) The OFB and their recipient
agencies shall insure that proper records are kept at all distribution sites.
(6) Fiscal reports and program
reports, audit requirements, as well as storage and distribution costs for the month
shall be maintained by the OFB.
(7) Each recipient agency
shall provide monthly reports to the OFB in a format prescribed by the OFB and the
department.
(8) Allowable administrative
cost may be used to pay direct expenses associated with the distribution of USDA
foods and foods secured from other sources. Direct expenses include the following:
(a) Intrastate and interstate
transport, storing, handling, repackaging, processing, and distribution of foods.
(b) Costs associated with
determination of eligibility, verification, and documentation.
(c) Costs of providing information
to persons receiving USDA foods concerning the appropriate storage and preparation
of such foods.
(d) Costs involved in publishing
announcements of times and locations of distribution, and
(e) Costs of recordkeeping,
auditing, and other administrative procedures required for program participation.
Stat. Auth.: ORS 184 & 458.505 -
458.515
Stats. Implemented: ORS 458.505
- 458.515
Hist.: HR 2-1983(Temp), f.
& ef. 7-28-83; HR 1-1984, f. & ef. 5-30-84; HR 2-1985, f. & ef. 2-5-85;
HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0025; HSG 8-1993,
f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03; OHCS 3-2008,
f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef. 1-27-14 thru
7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert. ef. 2-10-14 thru
7-25-14; Administrative correction, 5-2-14; OHCS 15-2015, f. & cert. ef. 8-25-15;
Renumbered from 813-220-0050, SSP 30-2015, f. & cert. ef. 10-9-15
461-191-0060
Monitoring
(1) The department will conduct reviews,
audits and other compliance monitoring as it deems appropriate to verify compliance
with program requirements. OFB and recipient agencies will cooperate fully with
the department in its compliance monitoring.
(2) OFB shall require by
contract and monitor their recipient agencies’ compliance with all program
requirements including, but not limited to, eligibility determinations, food ordering
procedures, storage and warehousing practices, inventory controls, approval of distribution
sites, reporting and recordkeeping requirements and civil rights compliance..
(3) If the department determines
that OFB or their recipient agencies are not in compliance with applicable state
or federal regulations, the department shall, within 30 working days of the close
of the on-site evaluation, send OFB a corrective action notice that shall include
at a minimum:
(a) A description of the
identified deficiency;
(b) The possible causes of
the deficiency;
(c) The time frame within
which that corrective action must be taken; and
(d) Any requirements for
documenting corrective action taken.
(4) The department may take
such remedial action as it deems appropriate including, but not limited to terminating
its funding agreement with OFB and requiring repayment of partial or all program
funding, if it determines (in its sole discretion) that the performance of OFB or
any of its recipient agencies is deficient in any manner, including with respect
to program requirements.
(5) The department will provide
adequate notice and opportunity for an appeal prior to a remedial action that terminates
organizational eligibility for program funding for cause.
(6) Appeals will be addressed
to the assistant director or their designee whose decision may be further appealed
to the department director.
(7) 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 184 & 458.505 -
458.515
Stats. Implemented: ORS 458.505
- 458.515
Hist.: HR 2-1985, f. &
ef. 2-5-85; HSG 8-1992, f. & cert. ef. 7-29-92; Renumbered from 410-090-0030;
HSG 8-1993, f. & cert. ef. 10-1-93; OHCS 3-2003, f. & cert. ef. 5-12-03;
OHCS 3-2008, f. & cert. ef. 3-31-08; OHCS 10-2014(Temp), f. & cert. ef.
1-27-14 thru 7-25-14; Temporary Suspended by OHCS 20-2014(Temp), f. & cert.
ef. 2-10-14 thru 7-25-14; Administrative correction, 5-2-14; OHCS 15-2015, f. &
cert. ef. 8-25-15; Renumbered from 813-220-0060, SSP 30-2015, f. & cert. ef.
10-9-15



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