Or. Admin. Code § 813-002-0045

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-002-0045 - Protests and Judicial Review of Funding Decisions

(1) An Applicant may protest the Funding offered to a project, or the intent to award Funding, whichever occurs first, if the following conditions are satisfied:

(a) The Applicant is adversely affected because the Applicant would be eligible to be awarded Funding in the event that the protest was successful; and

(b) The reason for the protest is that:

(A) OHCS has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the Funding Process;

(B) OHCS has abused its discretion in rejecting the protestor's application; or

(C) OHCS' evaluation of applications or OHCS' subsequent determination of Funding is in violation of law.

(2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS' grant award decision.

(3) Unless otherwise specified in the Funding Process, an Applicant must deliver a written protest to OHCS within 7 calendar days after the Applicant has been notified of the Funding decision.

(4) An Applicant's written protest must specify the grounds for the protest to be considered by OHCS.

(5) OHCS will not consider an Applicant's grant award 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 issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either award Funding to the successful protestor or cancel the Funding Process. Cancellation of a Funding Process will not affect OHCS Funding decisions that were made prior to OHCS' receipt of a protest.

(6) 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

(7) 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

(8) Judicial review of OHCS' decision relating to a grant award protest shall be in accordance with ORS 183.480.

Or. Admin. Code § 813-002-0045

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: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740

Statutes/Other Implemented: ORS 456.250 - 456.395, ORS 456.500 - 456.723 & ORS 458.210 - 458.740