Or. Admin. R. 213-030-0131 - Grant Application and Award Protests; Administrative and Judicial Review

(1)

(a) An applicant or potential qualifying applicant may protest or otherwise challenge the grant review committee's application process or award decisions, or both, by first requesting administrative review described herein.

(b) A timely, qualifying request for administrative review is necessary to satisfy the conditions of this section and a condition precedent to judicial review consistent with ORS 183.480.

(c) Failure to file a timely, qualifying request for administrative review with the grant review committee will constitute a failure to exhaust administrative remedies and terminate further rights to protest or otherwise challenge the solicitation process or any related grant review committee decision, including judicial review thereof by the court of competent jurisdiction.

(2)

(a) An applicant under this section is a person who, or entity that, makes an application for an IMPACTS program funding award pursuant to a particular grant review committee solicitation.

(b) A potential qualifying applicant is a person who, or entity that, qualifies to make an application for an IMPACTS funding award under the terms of a solicitation with respect to the process of which it requests administrative review consistent with the terms of this section.

(3)

(a) An applicant or potential qualifying applicant seeking to protest or otherwise challenge any aspect of the IMPACTS grant application process must request review by the grant review committee within 14 business days of the application due date of the solicitation.

(b) An applicant seeking to protest or otherwise challenge a decision by the grant review committee, such as, but not limited to, a funding award decision, must request review by the grant review committee of such decision within 14 days of the applicant's receiving notice from the grant review committee, or its staff, of that decision.

(4) Any request for review under this section must be in writing, specifically identifying:

(a) The nature of the protest requestor's interest, including the facts demonstrating how the requestor is adversely affected or aggrieved by the grant review committee's solicitation process or decision;

(b) Each of the grounds for review, meaning an explanation of the specific reasons that the grant review committee's solicitation process or decision was in error based on applicable law or rule, or based upon the language of the request for grant proposals;

(c) The relief sought, meaning the specific grant review committee process or decision point that the requestor seeks to change and what the change would provide the requestor;

(d) Any supporting information, relevant to the IMPACTS program application or solicitation, the requestor desires to have considered by the grant review committee.

(5) Protests may be submitted by mail or by email to the IMPACTS grant review committee staff person.

(6) The envelope or email containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the program the request concerns; and

(c) Be received by the grant review committee staff:

(A) By mail at its office: Oregon Criminal Justice Commission, 885 Summer Street NE, Salem, Oregon 97301; or

(B) By email to cjcgrants@oregon.gov no later than 4:00 PM on the 14th day after the solicitation closing date or the applicant's receipt of notice from the grant review committee of the decision from which review is requested, whichever due date is applicable under this section.

(7) The applicant will be deemed to have received notice of a grant review committee decision upon the sooner of:

(a) Three days after the grant review committee's decision is mailed to the applicant;

(b) Two days after such decision is posted to the grant review committee's website;

(c) Two days after the list of successful solicitation applicants is posted to the grant review committee's website; or

(d) One business day after such decision is emailed to the applicant.

(8) The grant review committee may request additional information from the requestor with respect to the request and consider such other information as it deems appropriate.

(9) The grant review committee, upon receipt of notice of a solicitation or award protest, will endeavor to provide a written response to a timely, qualifying request for review within 30 days. If the grant review committee determines a response is not possible within 30 days, the grant review committee will notify the requestor as to when a response may be expected.

(10) Judicial review of the grant review committee's response to a timely, qualifying request for review shall be limited to those grounds the requestor raised with the grant review committee in the requestor's request for review.

(11) The filing of a request for review, or subsequent judicial review, if any, will not preclude the grant review committee from moving forward with the solicitation or the award of IMPACTS program funding thereunder. However, the grant review committee reserves the right to delay, terminate, modify, or take other action it determines to be appropriate with respect to a solicitation or any related award of IMPACTS program funding in response to a request for review or subsequent judicial review.

Notes

Or. Admin. R. 213-030-0131

CJC 1-2021, adopt filed 09/15/2021, effective 9/15/2021

Statutory/Other Authority: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14

Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019, ch 563, § 1-14