Low-Income Weatherization Assistance Program

Link to law: http://arcweb.sos.state.or.us/pages/rules/oars_800/oar_813/813_205.html
Published: 2015

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

 

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HOUSING AND COMMUNITY SERVICES DEPARTMENT

 

DIVISION 205
LOW-INCOME WEATHERIZATION ASSISTANCE PROGRAM

813-205-0000
Purpose and Objectives
OAR chapter 813, division 205, is promulgated
to carry out the department’s role in administering state and federal weatherization
programs. Additional policies and instructions for such programs are outlined in
the Low Income Weatherization Assistance Program Manual dated June 21, 2013 (the
“LIWP Manual” or “Manual”), incorporated herein by reference.
The Manual may be accessed online at the department’s website. Weatherization
assistance is provided under programs at the local level as follows:
(1) The Low Income Weatherization
Program for Rental Housing, included herein, through developers of affordable rental
housing; and
(2) The Low Income Weatherization
Assistance Program, including all other low income weatherization assistance, which
is provided through a network of service-provider agencies.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
Low Income Weatherization Assistance
Program
813-205-0020
Funding Application; Administration
(1) An agency must submit biennially
the funding application required by OAR 813-205-0060 for the Low Income Weatherization
Assistance Program. Funding under the program may come from a grant or other sources.
The application must include a work plan that:
(a) Outlines the manner in
which the agency determines its needs;
(b) Describes the forum the
agency uses to solicit input and who participates;
(c) Summarizes the needs
of the agency’s service area and the goals and outcome-based objectives of
the agency;
(d) Requires quarterly reporting;
and
(e) Such other information
as the department may require.
(2) An agency providing services
under the program may be a community action agency, a limited purpose organization,
an area agency on aging, an organization formed to serve the specific needs of an
identified segment of the population or any other organization approved by the department
for the purpose.
(3) An agency under this
section must follow the procedures in the applicable Oregon State Plan developed
as a requirement of federal funding, except when specific rules relating to a particular
grant to the agency may override the applicable Oregon State Plan. The specific
rules relating to a particular grant may include, but are not limited to identification
of potential applicants, certification of eligibility and provision of weatherization
services to eligible dwelling units within the service area of the agency.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0030
Eligible Applicants
(1) A household is eligible to receive
assistance under the Low Income Weatherization Assistance Program if the department
determines the household meets all requirements of the applicable Oregon State Plan
not obviated by specific grant rules, including but not limited to household income
guidelines.
(2) A household is eligible
for assistance under the program regardless of whether the household rents or owns
its dwelling. Households in similar circumstances must receive similar benefits.
(3) An agency may not use
a person’s race, color, national origin or sex as a basis for excluding the
person from participating in any activity funded in whole or in part with funds
made available from the program, for denying the benefits of any such activity or
for subjecting the person to discrimination under any activity. An agency must provide
assurances to the Department that the agency complies with any prohibition against
discrimination on the basis of age under the Age Discrimination Act of 1975 or with
respect to an otherwise qualified handicapped individual as provided in Section
504 of the Rehabilitation Act of 1973.
(4) An agency shall create
a waiting list of applicants for receiving program weatherization services and shall
establish criteria for determining applicant priority on the waiting list. The agency
shall maintain the criteria in its files and shall file the criteria with the department.
An agency must use the priority consistently for all applicants except with respect
to any department-sanctioned special project in which the agency is involved. An
agency’s criteria may include factors that encourage leveraging additional
resources or the potential for energy savings. An agency shall give priority to
at least the following:
(a) Individuals who are 60
years of age or older;
(b) Individuals who are disabled;
and
(c) Households with children
of less than six years of age.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0040
Eligible Services
(1) An agency may provide any one of
the following services to an eligible applicant under the Low Income Weatherization
Assistance Program:
(a) Any general weatherization
measure including, but not limited to general heat waste, insulation, heating system
repair and replacement, health and safety inspections and improvements, baseload
measures, and educational activities and instruction designed to help low income
clients make appropriate decisions and lifestyle changes to effectively reduce energy
consumption; and
(b) Any measure that is necessary
for effective energy savings performance or preservation of weatherization materials.
(2) Except as otherwise specified
by the grantor of funds, the department may allocate no more than five percent of
the program's funds for training and technical assistance activities designed to
maintain or increase the efficiency, quality and effectiveness of the program at
all levels. Training and technical assistance activities may include, but are not
limited to those maximizing energy savings, minimizing production costs, improving
program management and reducing the potential for waste, fraud and abuse.
(3) An agency may request
technical assistance from the department to improve the agency’s management
of program activities and increase the effectiveness of its customer service efforts.
(4) A property owner may
sell multifamily business energy tax credits generated through the weatherization
of investment property or assign said tax credits to the agency that provided the
weatherization services.
(5) An agency may weatherize
a building with five or more separate living quarters that pay space rent if 66
percent of the living quarters are occupied by income eligible households.
(6) An agency may weatherize
a building with five or more separate living quarters if the owner pays 10 percent
or more of the total cost of weatherization and if at least 50 percent of the occupants
meet income eligibility guidelines. An agency may not use the 50 percent income
eligibility exception unless the agency first submits a work plan to the department
and has received the department’s approval.
(7) An agency shall practice
lead safe work practices on each dwelling constructed prior to 1978 unless the agency
can prove to the department’s satisfaction that a lead hazard does not exist.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0050
Allocation of Federal Funds
(1) The department may set aside up
to three percent of the federal funds from the Low Income Weatherization Assistance
Program funds for native american populations to either provide direct funding to
native american tribes or allocate funds to an agency with recognized native american
populations.
(2) If any such funds remain
after department expenditures for administrative costs, for set-aside purposes or
for training and technical assistance activities designed to maximize energy savings,
minimize production costs, improve program management or reduce the potential for
waste, fraud or abuse, the remaining funds are subject to allocation to agencies
by the department on the basis of an allocation formula that is in the applicable
Oregon State Plan and is based on the percentage of poverty low-income households
in a service area and on heating degree days.
(3) The department may move
grant funds from an agency that is not spending allocated funds in a timely manner
to an agency that has expended its funds before the end of the grant period. An
agency is subject to at least annual department reviews of the agency’s spending
patterns for the purpose of reallocating funds.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
767.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0051
Allocation of State Funds from Energy
Conservation Helping Oregonians (ECHO)
(1) State funds in the Low Income Weatherization
Assistance Program that are received from the Energy Conservation Helping Oregonians
(ECHO) Program are subject to allocation by the department on the basis of the number
of residential meters of a participating utility within the service territory of
an agency as a percentage of the utility's total residential meters statewide.
(2) On July 1of each year,
each utility shall furnish the department a residential meter count for each county,
for use in adjusting allocations to agencies participating in weatherization activities.
(3) This rule applies only
to households that receive electric service from Pacific Power or Portland General
Electric. A household that uses hard wired electrical systems as its primary heat
source is eligible to receive weatherization, baseload and educational services
only.
(4) Funds from the Bonneville
Power Administration may not be used in conjunction with the state funds to which
this rule applies.
(5) The department may move
grant funds from an agency that is not spending allocated funds in a timely manner
to an agency that expended its funds before the end of the grant period. An agency
is subject to at least annual department reviews of the agency’s spending
patterns for the purpose of reallocating funds.
(6) Funds under this rule
are subject to reallocation for special projects and pilots to programs other than
those operated by agencies, once the funding needs of all agencies have been met.
(7) An agency shall follow
the approved ECHO Weatherization Guidelines when delivering services under this
rule. The Advisory Committee on Energy shall review the guidelines annually and
amend them as appropriate.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
767.612
Hist.: OHCS 19-2002, f. &
cert. ef. 12-13-02; OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07;
OHCS 6-2007, f. & cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef.
6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0052
Allocation of Other Funds
The department shall, at its reasonable
discretion, allocate funds in the Low Income Weatherization Assistance Program that
were received from legal settlements or otherwise in order to improve and address
the energy needs of low income households.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
767.612
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0060
Authorization of Weatherization
Projects
(1) An agency may not provide weatherization
assistance under the Low Income Weatherization Assistance program unless the owner
of a dwelling first gives written permission to the agency. The permission must
include the following information:
(a) The street address of
the dwelling;
(b) The name of the owner
or of the eligible tenant, whichever is applicable; and
(c) A description of the
specific work to be done.
(2) If the dwelling to be
weatherized is a rental unit, the agency shall:
(a) Ensure that the unit
will not be weatherized unless the agency has first obtained the written permission
of the owner of the individual unit or multiunit dwelling of which the unit is a
part; and
(b) Establish procedures
and obtain the department’s approval thereof, to ensure that:
(A) The residence considered
for weatherization is not currently for sale by the owner of the property or designated
for acquisition, clearance or foreclosure under a federal, state or local program;
(B) The benefits of weatherization
assistance accrue primarily to the low-income resident renting the unit;
(C) The rent of the unit
will not be raised as a result of the weatherization assistance;
(D) No undue or excessive
increase in the value of the unit will occur as a result of the weatherization assistance
and that, if the multiunit dwelling of which the unit is a part is sold within one
year after the unit is weatherized, the agency may require the seller to reimburse
the agency for the actual cost of weatherization on a prorated basis, determined
according to the energy cost buyback of measures; and
(E) Weatherization assistance
will not be provided for a unit for which the tenant pays the cost of energy as
part of their rent, unless the landlord agrees to reduce rent to account for the
reduction in fuel costs associated with the weatherization, or unless health or
safety reasons justify weatherization.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505
767.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 13-2006(Temp), f. & cert. ef.
8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07; OHCS 16-2013(Temp),
f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0070
Required Authorization, Audits and
Fiscal Controls
The following provisions apply to an
agency that receives funding from the department under the Low Income Weatherization
Assistance Program:
(1) An agency may not purchase
a vehicle or equipment with grant funds, regardless of the cost of the vehicle or
equipment, or purchase or lease one or more acquisitions when the cost of the purchase
or lease exceeds $5,000, unless the agency first receives authorization from the
department.
(2) An agency shall enter
all program applicant and job cost information into a department-approved data system.
(3) An agency shall provide
the following reports to the department, according to form and substance requirements
of the department, as follows:
(a) Not later than the 20th
day after the end of each calendar quarter, a program report that describes the
progress made by an agency toward the program’s objectives, and all administrative
and program expenditures.
(b) Not later than the 90th
day after the close of the agency's fiscal year, an annual audit of the weatherization
funds that is conducted by a certified public accountant.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 19-2002, f. & cert. ef. 12-13-02;
OHCS 13-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. &
cert. ef. 1-11-07; OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13;
OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0080
Monitoring
(1) An agency's annual audit is subject
to monitoring by the department under OAR 813-205-0080 so that the department, inter
alia, may verify information received in the quarterly reports and so that questions
raised by the department, the agency or the auditor may be answered.
(2) An agency’s quarterly
reports and program data entered into the statewide database as specified by the
department are subject to monitoring by the department so that the department may
determine the agency’s compliance with program requirements, monitor spending
patterns and chart changes in the program. An agency is subject to an on-site review
by the department if the department determines that irregularities or questions
raised by the department’s in-house review are sufficient to warrant the onsite
review.
(3) An agency and the owner
of any project approved for program assistance is subject to such monitoring and
on-site reviews by the department as it may require. The department may examine
matters including, but not limited to the following in its off-site and on-site
reviews and auditing functions:
(a) Financial records;
(b) The inventory system;
(c) Client files;
(d) Work completed;
(e) Agency post-installation
inspection;
(f) Agency review; and
(g) Records of training and
technical assistance provided by the agency.
(4) An agency also is subject
to evaluations by the department of the agency’s performance under the program,
including but not limited to the level of service provided, ease of access to applicants,
error rate and compatibility with other community service programs. These evaluation
functions may be performed separately or in conjunction with other auditing and
review functions by the department.
(5) An agency shall cooperate
fully with all department audit, review and evaluation requests and activities.
(6) An agency and the owner
of a project receiving program assistance shall retain related financial records,
supporting documents and all other pertinent records for six years after the receipt
of assistance or after any litigation or audit claim is resolved, whichever is later.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 9-2002(Temp),
f. & cert. ef. 6-19-02 thru 12-15-02; OHCS 13-2006(Temp), f. & cert. ef.
8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07; OHCS 16-2013(Temp),
f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0082
Charges; Transfers
(1) The department may charge for reasonably
anticipated costs of program administration including, but not limited to monitoring
costs and transfer review costs.
(2) The owner of a project
approved for assistance under this program shall not transfer any assistance, any
interest in the project or any interest in itself without the prior written approval
of the department. Unapproved transfers are voidable by the department.
(3) The department may require
payment of a transfer review charge:
(a) From an owner of a project
approved for assistance under this program that requests a transfer; or
(b) From such a former owner
or the transferee with respect to an unapproved transfer.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 16-2013(Temp),
f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13
Low Income Weatherization Program
for Rental Housing
813-205-0085
Program Administration, Authority
OAR 813-205-0085 to 813-205-0150 address
protocols, standards and requirements with respect to the Low Income Weatherization
Program for Rental Housing. Additional policies and instructions for this program
are outlined in the LIWP Manual. The department allocates funds for this program
through developers of affordable rental housing. Such funds are directed to the
department under ORS 757.612(7) to carry out weatherization needs of low income
households pursuant to the department’s authority to provide crisis assistance
with funding available from the Energy Crisis Trust Fund under ORS 758.510 for antipoverty
programs.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0100
Eligible Applicants
(1) Any of the following may apply to
the department for approval of a project under the Low Income Weatherization Program
for Rental Housing:
(a) A for-profit business,
(b) A local government entity
including but not limited to a city, county or housing authority;
(c) A not-for-profit organization,
including but not limited to a not-for-profit community organization, a regional
or statewide not-for-profit entity, a private individual or a not-for-profit corporation.
(2) An applicant under subsection
(1) of this section or a principal representative of the applicant as approved by
the department must enter into a financial assistance agreement with the department,
satisfactory to the department, and record such agreement against the real property
of the project so as to create restrictive covenants running with such real property
that assure continuing compliance with all habitability and affordability requirements
of the program.
Stat. Auth.: ORS 46.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0110
Eligible Projects
The provisions of this section, in addition
to the requirements of the department's bond programs, the open, competitive process
for distributing grant and tax credit funds for affordable multi-unit low income
rental housing development and other application processes and charges, apply to
all projects under the Low Income Weatherization Program for Rental Housing as follows:
(1) State funding from the
Energy Conservation Helping Oregonians Program is limited to projects located in
the PacifiCorp and Portland General Electric service areas. Projects that use hard
wired electrical systems as their primary heat source are eligible to receive funding
from the Act for weatherization, and baseload services. Projects in PaciCorp and
Portland General Electric service areas that heat with other fuels may receive baseload
measures only.
(2) Applications for weatherization
funding for projects located outside PacifiCorp and Portland General Electric service
areas are subject to acceptance by the department only when funds from sources other
than PacifiCorp or Portland General Electric funds are available.
(3) The following projects
are eligible under the program:
(a) New construction projects
which specify higher than code minimums on insulation, windows, appliances and lighting;
and
(b) Acquisition/rehabilitation
projects that specify upgrades from original levels of insulation, windows, appliances
and lighting.
(4) Households that are low-income
are eligible for the program. A household is low income for the purpose of the
program if the household income is at or below 60 percent of an area’s median
income. At least one-half of the units in the project must be rented to households
whose income is at or below 60 percent of the area median income as defined by the
U.S. Department of Housing and Urban Development (HUD).
(5) The project must remain
affordable for a minimum of 10 years, unless superseded by other department resource
requirements.
(6) The department may require
more extensive or enduring affordability requirements than those required in subsections
(4) and (5) of this section.
(7) An applicant may be subject
to prevailing wage requirements with the use of public funds under the Low-Income
Weatherization Program for Rental Housing. An applicant is advised to consider contacting
the applicant’s legal representative or the Oregon Bureau of Labor and Industries
for the requirements of the state program.
Stat. Auth.: ORS 46.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0120
Eligible Activities
(1) Under the Low-Income Weatherization
Program for Rental Housing, an eligible applicant may provide services and applications
including, but not limited to one or more of the following:
(a) A general weatherization
measure that includes, but is not limited to general heat waste, insulation, heating
and cooling system repair, replacement or installation, health and safety improvements,
baseload measures, alternative energy applications, and various energy efficient
technology; and
(b) Any repair measure that
the department determines appropriate for effective energy savings performance or
preservation of energy efficient applications.
(2) To be eligible under
this section, an activity must demonstrate measurable cost-effective energy conservation
to the department’s satisfaction. An energy-efficient application for the
program must show first year savings based on a pre-determined number of kilowatts,
therms or other units of power measurements for each conservation dollar invested.
Stat. Auth.: ORS 456.555
Stats. Implemented: ORS 458.505,
757.612
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0130
Fund Uses
(1) The department may award funds under
the Low-Income Weatherization Program for Housing as a grant or a loan, including
as requested by the applicant or sponsor of a project.
(2) If the amount of a grant
or loan proposal meets or exceeds the threshold amount established in OAR 813-001-0007(1)
for review by the State Housing Council for a rental housing development, the department
may award the grant or loan on an as-needed basis, when the maximum power savings
can be demonstrated and if adequate resources are available. An award under this
section is subject to review by the State Housing Council for approval or disapproval
under OAR 813-001-0007(1).
(3) An applicant may use
not more than ten percent of funds available from the state Energy Conservation
Helping Oregonians Program and from Low-Income Weatherization Program award for
each project to make general repairs if the department determines that adequate
resources are available.
Stat. Auth.: ORS 456.515 - 456.725,
458.505 - 458.545
Stats. Implemented: ORS 458.505
- 458.515
Hist.: OHCS 13-2006(Temp),
f. & cert. ef. 8-4-06 thru 1-30-07; OHCS 6-2007, f. & cert. ef. 1-11-07;
OHCS 16-2013(Temp), f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. &
cert. ef. 12-18-13
813-205-0145
General Administrative and Monitoring
Requirements
(1) An applicant or owner of a project
approved for program assistance shall timely submit to the department such information
as the department may require for the purpose, inter alia, of compliance monitoring
by same.
(2) An applicant or owner
of a project approved for program assistance is subject to reviews and field inspections
that the department determines to be necessary or appropriate including, but not
limited to ensuring the applicant’s and project owner’s compliance with
program requirements. The applicant and project owner shall cooperate fully with
all reviews and field inspections, timely comply with any resulting correction directives,
and make all records available for inspection and copying.
(3) A recipient of program
assistance or owner of a project receiving such assistance shall retain related
financial records, supporting documents and all other pertinent records for six
years after the receipt of assistance or after any litigation or audit claim is
resolved, whichever is later.
Stat. Auth.: ORS 456.515 - 456.725,
458.505 - 458.545
Stats. Implemented: ORS 458.505
- 458.515
Hist.: OHCS 16-2013(Temp),
f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13
813-205-0150
Charges; Transfers
The department may charge for the reasonably
anticipated costs of its administration of the Low-Income Weatherization Program
for Rental Housing. Such charges may include, but are not limited to the following:
(1) A non-refundable application
charge, from an applicant under OAR 813-205-0100.
(2) A supplemental application
charge, from an owner of a project approved by the department under the program
who requests additional resources for a project that is funded by the department.
(3) A transfer application
charge from an owner of an approved project who requests the department's approval
of a change in project ownership, or from the transferee of ownership.
(4) A transfer review charge
from an owner of an approved project who effects a change in project ownership without
prior written department approval, or from the transferee of ownership.
Stat. Auth.: 456.555
Stats. Implemented: ORS 458.505,
458.510, 757.612
Hist.: OHCS 16-2013(Temp),
f. & cert. ef. 6-21-13 thru 12-17-13; OHCS 20-2013, f. & cert. ef. 12-18-13

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contained in the Administrative Order filed at the Archives Division,
800 Summer St. NE, Salem, Oregon 97310. Any discrepancies with the
published version are satisfied in favor of the Administrative Order.
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