Or. Admin. Code § 813-002-0040 - Protests and Judicial Review of Funding Process

(1) A prospective Applicant may protest an ARH Funding Process. Before seeking judicial review, a prospective Applicant must file a written protest with OHCS and exhaust all administrative remedies.

(2) Unless otherwise specified by the ARH Funding Process, a protest must be delivered in writing to OHCS not less than 10 calendar days prior to an application due date. In the case of the ORCA with no due date, a protest must be received during the open application period of the ORCA. Protests of any Funding Process will not affect OHCS Funding decisions that were made prior to OHCS' receipt of a protest.

(3) A prospective Applicant's written protest must include the following elements:

(a) Sufficient information to identify the Funding Process that is the subject of the protest;

(b) The grounds that demonstrate how the Funding Process is contrary to law or how the Funding Process is legally flawed;

(c) Evidence or documentation that supports the grounds on which the protest is based;

(d) The relief sought; and

(e) A statement of the desired changes to the Funding Process that the prospective Applicant believes will remedy the conditions upon which the prospective Applicant based its protest.

(4) OHCS will not consider a prospective Applicant's protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding Process. OHCS will consider the protest if it is timely filed and meets the conditions set forth in subsection (3) of this section. OHCS will issue a written determination of the protest no fewer than 30 days after receipt of the protest, unless a written determination is made by OHCS that circumstances exist that justify a shorter time limit. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either issue an addendum reflecting its determination or cancel the Funding Process.

(5) If OHCS receives a protest from a prospective Applicant in accordance with this rule, OHCS may extend application due dates if OHCS determines an extension is necessary to consider and respond to the protest.

(6) Prior to the deadline for submitting a protest, a prospective Applicant may request that OHCS clarify any provision of the Funding Process. OHCS' clarification to a prospective Applicant, whether orally or in writing, does not change the Funding Process and is not binding on OHCS unless OHCS modifies the Funding Process by addendum.

(7) If the protest is mailed, the envelope containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the project or prospective applicant name;

(c) Be addressed to the ARH Applications Team as recipient of the protest;

(d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301

(8) If the protest is electronically mailed, the electronic mail must:

(a) Be marked PROTEST in the subject line;

(b) Identify the project or prospective applicant name in the subject line;

(c) Be addressed electronically mailed to the ARH Applications Team at app.team@hcs.oregon.gov.

(9) Judicial review of OHCS' decision relating to a protest to a Funding Process shall be in accordance with ORS 183.480.

Notes

Or. Admin. Code § 813-002-0040

OHCS 13-2024, temporary adopt filed 05/29/2024, effective 5/29/2024 through 11/24/2024; OHCS 37-2024, adopt filed 09/26/2024, effective 10/1/2024

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740

Statutes/Other Implemented: 456.250 - 456.395 & 458.210 - 458.740