Or. Admin. Code § 330-270-0080

Current through Register Vol. 64, No. 1, January 1, 2025

Section 330-270-0080 - Amendments to Performance Agreement

(1) If a grantee wishes to amend a performance agreement entered into with the Department under OAR 330-270-0050, the grantee must submit a written request to the director.

(2) The grantee must describe the proposed change to the performance agreement and the reasons for the change.

(3) The grantee must demonstrate that the program operated by the grantee will continue to meet the requirements of statute, rule, and the opportunity announcement.

(4) The Department shall evaluate amendment requests to determine whether the proposed change(s) would have affected the outcome of competitive review, which may result in denial of the amendment request.

(5) The Department shall decide whether to approve the amendment request.

(a) If approved, the Department shall draft an amended performance agreement, which may contain new or amended conditions and requirements. The amended performance agreement shall become effective upon signature by all parties. Decisions to approve amendment requests shall be based on whether the grantee meets the requirements in (3) and whether the Department determines that the proposed changes would not have affected the outcome of the competitive review.

(b) If denied, the Department shall notify the grantee in writing. The notice will include the reasons for the denial of the amendment request.

(6) If a grantee wishes to amend the boundary of the region that they have previously been awarded a grant for, by proposing an alternative boundary, they must comply with the following requirements:

(a) If the proposed alternative boundary would include a new region, the grantee must submit a complete grant application during an open opportunity announcement for that region. If the grantee is subsequently awarded the grant for that region, the Department shall draft an amendment to the grantee's performance agreement that includes the newly awarded funding amount and the newly awarded region in an alternative boundary.

(b) If the proposed alternative boundary removes a region from within the boundary identified in the performance agreement, the grantee must repay to the Department all unspent funds that were allocated for the region that the grantee will no longer serve.

(c) A grantee may not include a region already administered by another grantee in a proposed alternative boundary.

Or. Admin. Code § 330-270-0080

DOE 4-2024, adopt filed 08/05/2024, effective 8/6/2024

Statutory/Other Authority: SB 1536 and SB 1525