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DEPARTMENT OF JUSTICE

 

DIVISION 86

OREGON DOMESTIC & SEXUAL VIOLENCE SERVICES FUND

137-086-0000

Purpose

These rules set out guidelines for the operation of the Oregon Domestic & Sexual Violence Services Fund ("the Fund") including the review and revision of the allocation plan mandated in ORS 147.456 & 134.459, the functioning of the advisory council established in 147.471, and the administration of the grant program established in 147.465. They also describe the grievance procedure with regard to grant award decisions and other Fund activities described in 147.468.

Stat. Auth.: ORS 147.465(3) & 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450 - 147.471 & 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

137-086-0010

Definitions

(1) "Advisory Council" is the Oregon Domestic and Sexual Violence Services Fund Advisory Council, as established in ORS 147.471.

(2) "Allocation Plan" is the plan for distributing money in the Fund that is developed pursuant to ORS 147.456 and 147.459 and periodically reviewed and adjusted according to these rules.

(3) "Applicant" is an agency that is eligible to apply for Oregon Domestic and Sexual Violence Services Fund money through the grantmaking process carried out by the Department pursuant to ORS 147.465.

(4) "The Fund" is the Oregon Domestic & Sexual Violence Services Fund.

(5) "Fund Coordinator" is the person designated by the Department to provide programmatic oversight of Oregon Domestic and Sexual Violence Services Fund.

(6) "Grant term" is the period from the date of an effective award until the end date or the termination of such an award.

(7) "Grantee" is an agency that successfully applies for and receives Oregon Domestic and Sexual Violence Services Fund money through the grantmaking process carried out by the Department pursuant to ORS 147.465.

Stat. Auth.: ORS 147.465(3), 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450- 147.471, 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

137-086-0020

Advisory Council

An Advisory Council of no fewer than fifteen and no more than twenty members shall be selected and serve terms in accordance with ORS 147.471 and with the by-laws established by the Advisory Council. Copies of the by-laws and other open records are available by contacting the Department.

Stat. Auth.: ORS 147.465(3), 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450- 147.471, 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

137-086-0030

Allocation Plan

(1) Frequency. An allocation plan for distribution of legislatively authorized funds for the upcoming or current biennium will be developed each biennium by the Advisory Council. The final allocation plan must be approved by the Attorney General or designee.

(2) Purpose. The allocation plan shall help to accomplish one or more of the following:

(a) Increase the effective use of Fund dollars;

(b) Support the greater efficiency of the administration and use of grant dollars; and

(c) Further the objectives set forth in ORS 147.453.

(3) Process. The following process shall be followed in making revisions:

(a) The Advisory Council shall review current Oregon Domestic and Sexual Violence Services Fund data, including outcomes, challenges and successes.

(b) The Advisory Council shall gather input from a broad range of stakeholders.

(c) The Advisory Council shall review other relevant information including, but not limited to: the amount of funds available for grant awards; existing funding data from other state-administered funds available to applicants; and current state and national research on program effectiveness and victims' needs.

(d) Based upon information gathered pursuant to paragraphs (a-c) of this section, the Advisory Council shall create a list of suggested revisions.

(e) The Advisory Council shall consider the list created according to paragraph d) of this section in order to make recommendations to the Attorney General or his designee as to revisions to the allocation plan. The recommendations shall address the specific categories in which awards will be made, whether each award category shall be competitive or non-competitive, the portion of total funds appropriated that will be available in each award category, and eligibility criteria. The Advisory Council may recommend that a specific portion of the Fund be reserved for a specific sub-group of eligible applicants or that funding prioritize a specific sub-group of eligible applicants.

(f) The final decision as to revisions to the allocation plan shall be made by the Attorney General or his designee.

Stat. Auth.: ORS 147.465(3), 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450- 147.471, 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

137-086-0040

Grant Program Application Process

(1) Frequency. An Oregon Domestic and Sexual Violence Services Fund grant application packet shall be issued by the Department and grant awards shall be made at least once in each biennium, so long as sufficient funds are appropriated to the Fund.

(2) Eligibility to Be Awarded Grant Funds. Eligible applicants for grant awards include public and private entities that are recommended by the Advisory Council and approved by the Attorney General or designee as part of the allocation plan. In addition to other criteria established by the Advisory Council, in order to be considered eligible for a grant award an applicant must be current in its financial and other reporting for all previous Oregon Domestic and Sexual Violence Services Fund awards to that applicant. An applicant's ability to successfully manage any previous Fund awards, and a demonstrated history of program stability of two years will be included in the criteria used for making Fund awards. A demonstration of program stability must include:

(a) An applicant's history of providing cost-effective direct services to victims of domestic violence and/or sexual assault;

(b) A clear indication of support for applicant's services from one or more community agencies or organizations familiar with the needs of victims to be served, as well as the caliber of services provided by the applicant; and

(c) Financial support of at least 10% from at least one other revenue source. If an applicant cannot demonstrate stability as required by paragraphs a through c of this section, in order to be eligible for an Oregon Domestic and Sexual Violence Services Fund award, the applicant must demonstrate that at least 25% of its financial support comes from sources other than the Oregon Domestic and Sexual Violence Services Fund.

(3) Content of the Application Packet. Each application packet issued shall describe:

(a) The total grant funds available;

(b) The categories in which awards will be made, and whether each category is competitive or non-competitive;

(c) The total funds available for award in each category;

(d) The amount of individual awards, if such amount is part of the allocation plan;

(e) Instructions specifying the requirements for a successful application in each category;

(f) The last date by which applications must be submitted and/or received by DOJ;

(g) The manner in which the application must be submitted;

(h) All necessary application forms and materials;

(i) All other information required for application preparation and submission;

(j) A description of the application review process, including review criteria;

(k) A description of grant reporting requirements; and

(l) A description of the grievance process for unsuccessful applicants.

(4) Review:

(a) Review Criteria. The Department staff and the Advisory Council shall review applications according to objective criteria described in the application packet. Non-competitive applications may be reviewed solely by Department staff, so long as the review is made according to a methodology recommended by the Advisory Council and approved by the Department. Competitive applications may be reviewed by Department staff with regard to satisfaction of minimum qualifications for eligibility, but shall be reviewed by the Advisory Council with regard to content. While numeric scoring will be used for any competitive award process, the Department reserves the right to award funds to agencies based upon criteria other than highest ranking numerical score.

(b) Award Amounts & Formulae. As part of the application review process, the Advisory Council may consider factors including: total amount of funds available overall, or in a specific category; the number of applications submitted by an applicant; geographic distribution; and feasibility of awarding one or more applicants an amount less than that requested. Such factors may be considered only to the extent that they are in keeping with the allocation plan.

(c) Record of Process. A complete record of the review process, including any numerical scoring, shall be kept during the process and shall be retained by the Department during the term of the grant awards. This information shall be available to grantees, upon request, excluding the identity of individual scorers.

(d) Conflict of Interest. A conflict of interest policy shall be part of the Advisory Council bylaws, and conflicts of interest that arise during the review process shall be declared and become part of the review process record.

(e) Final Decision. The Advisory Council shall make recommendations of grant awards to the Attorney General or his designee, who will have the final decision as to awards.

(5) Transfer of Funds. Upon approval of an application, the Department will enter into a contractual grant agreement with the applicant. The Department will disburse funds in accordance with this agreement.

(6) Completion of Required Grant Award Documents. Funds are not considered obligated and will not be transferred until all required grant award documents have been signed by an applicant and by the Department designee. If grant award documents are not completed by an applicant within three months of the notice to the applicant of the intended award, the Department has the authority to reallocate the funds awarded, pursuant to paragraph 11 of this section on Reallocation of Funds Not Applied For or Used, below.

(7) Conditional Awards:

(a) The Advisory Council may recommend and Attorney General or his designee may approve an award subject to specific conditions if an applicant:

(A) Is not current in reporting for any previous Fund grant award;

(B) Has fewer than two full years of operational history in providing services to victims of domestic violence and sexual assault;

(C) Has not fully demonstrated the ability to successfully manage any previous Fund awards;

(D) Has not demonstrated at least two prior years of program stability as described in section (2) above; or

(E) When other circumstances exist that require a further showing of applicant's ability to successfully manage a Fund award.

(b) The Department shall notify the applicant that a conditional award has been approved, and shall specify the conditions to be satisfied by the applicant and the date by which the conditions must be satisfied. Applicants who do not satisfy conditions of funding by the date specified shall be notified in writing by the Department that the conditions have not been satisfied and the conditional award has been withdrawn. When a conditional award is withdrawn any unexpended dollars already distributed to the applicant are to be returned to the Department and any contractual obligations undertaken by the Department to the applicant are thereupon terminated.

(8) Grievance Procedure:

(a) An applicant has a right to a review of the award decision with regard to its application.

(b) Each applicant will be informed of this review procedure at the time a decision is made regarding its application.

(c) No applicant will be subject to reprisal for seeking a review of an award decision.

(d) An applicant may request a review by making a written request to the Fund Coordinator within 30 days after receiving notification of the award decision.

(e) When the Department is notified that an applicant has requested a review, a meeting will be scheduled for the applicant to meet with the Fund Coordinator and with as many as five members of the Advisory Council. Every effort will be made to have this meeting occur within 30 days of the receipt of the request. The Fund Coordinator will notify applicant of the result of the meeting within 5 days after the meeting has been held.

(f) If the matter is not resolved through the above-described procedure, the applicant can request a review of the issue by the Attorney General or his designee. The applicant should make a written request for such a review to the Director of the Crime Victims' Assistance Section within 30 days following notification of the results of the meeting described in the preceding paragraph.

(g) The decision of the Attorney General is final.

(h) This grievance procedure shall be included in the grant application packet described above.

(9) Grantee Reporting. No less frequently than once during each year of the grant term each grantee shall submit a report to the Department. The form and content report shall be specified by the Department. The report must document how the funds were used and the extent to which the grantee was able to meet anticipated outcomes, as well as such other information with regard to fund requirements as is requested by the Department. This information may be used to determine eligibility for future funding. Failure of a grantee to report the required information in an accurate and timely manner may also be used to determine eligibility for future funding.

(10) Department of Justice Reporting. No less frequently than once during each biennium, the Department shall prepare a report describing the funds awarded for the grant period and summarizing the outcomes and other information reported by grantees.

(11) Reallocation of Funds Not Applied for or Used.

(a) Funds Remaining After Award Process. When a portion of the grant funds available are not initially awarded, either fully or conditionally, the Department, after duly considering the advice of the Advisory Council, may make a subsequent award that is in keeping with the goals of the allocation plan approved for the current biennium.

(b) Funds Awarded but not Expended. Applicants who do not anticipate using the entirety of their awarded funding by the grant term end date shall notify the Department prior to the grant term end date that the funds will not be used. The Department, at its discretion, shall either request that the unused funds be returned in accordance with the contract agreement, or shall execute an amendment to the contractual grant agreement to extend the grant term end date. When unused funds are returned, the Department, after duly considering the advice of the Advisory Council, shall consider using the returned funds to make up any involuntary award reductions resulting from interim reductions to the Fund, described in paragraph 12 of this section, below. If no interim reductions have occurred, the Department shall consider distributing the funds among other applicants, depending upon the amount of the funds returned and the time of their return. When possible, returned funds shall be distributed in the same geographical area in which the original award was made and within the same service category of the allocation plan under which they were granted.

(c) Funds Conditionally Awarded When Conditions Are Not Satisfied. Any funds remaining after a conditional award has been withdrawn, pursuant to section 7, above, shall be treated in the same manner as funds awarded but not expended, described in paragraph b of this section, above.

(12) Interim Reductions to the Fund. When funds appropriated to the Fund are reduced or otherwise not available for expenditure during a grant award period, so that some or all current awards cannot be fully funded, the Department, after duly considering input from the Advisory Council, shall formulate a plan for how the interim reduction shall affect current awards. In this process every effort will be made to minimize the impact of such reduction on services to victims supported by grant funds. Considerations in the formulation of such a plan will include: the intent of the allocation plan under which the awards were made, requirements of ORS 147.462, progress towards desired outcomes, and other relevant issues of equity, such as geography and populations served.

(13) Issuing Applications Jointly with Other Agencies. The Department may conduct the application process jointly with other agencies of the State of Oregon who also award grants or provide financial assistance to eligible programs of domestic and sexual violence services. The joint application process shall satisfy all the requirements of ORS 147.450 et seq. and this division of administrative rules.

Stat. Auth.: ORS 147.465(3), 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450- 147.471, 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

137-086-0050

Other Fund Activities

ORS 147.468 authorizes the Department to pursue a range of activities in support of Fund goals, to the extent that funds are available. In formulating the allocation plan, the Advisory Council shall consider whether funds should be allocated to these purposes. If the Advisory Council recommends that funds should be allocated, with the Attorney General's approval, such funds shall be set aside and shall not be included in the granting program described in 137-086-0040, above. In addition, the Department at its discretion may direct the Fund Coordinator to pursue any of these activities as part of the administrative duties of the Fund Coordinator.

Stat. Auth.: ORS 147.465(3), 2001 OL Ch. 870 (HB 2918)
Stats. Implemented: ORS 147.450- 147.471, 2001 OL Ch. 870 (HB 2918)
Hist.: DOJ 15-2004, f. & cert. ef. 11-22-04

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