Or. Admin. Code § 813-300-0030

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

Section 813-300-0030 - Fiduciary Organization Application Review

(1) In reviewing applications for authorization as a fiduciary organization, the Department or its designee shall consider the following factors:

(a) The ability of the prospective fiduciary organization to implement and administer the individual development account program, including the ability to verify account holder eligibility, certify that matching deposits are used only for approved purposes and exercise general fiscal accountability;

(b) The capacity of the prospective fiduciary organization to provide appropriate support services and general assistance to advance account holder self-reliance; and

(c) The links that the prospective fiduciary organization has to other activities and programs designed to increase the independence of this state's lower income households through education and training, home ownership and small business development.

(2) In reviewing applications for authorization as a fiduciary organization, the Department or its designee may consider additional factors including, but not limited to, the following:

(a) The eligibility of the entity;

(b) The sufficiency and accuracy of the application;

(c) The geographic area of proposed program plan operation and the need to be addressed;

(d) The performance of the entity in providing additional information, as requested;

(e) The quality of the proposed program plan, including the range and quality of potential personal development plans;

(f) The willingness and ability of the prospective fiduciary organization to effect modifications to its proposed program plan;

(g) The capacity of the prospective fiduciary organization to work together with third-party contractors and other program plan partners to accomplish its proposed program plan as modified, if at all, by the Department or its designee;

(h) The Department's or its designee's past experience with the entity, its proposed third-party contractors, other proposed program plan partners, and identified personnel;

(i) Public opinion or other input; and

(j) Department or its designee administrative interests.

(3) The Department or its designee may condition authorization of an entity as a fiduciary organization upon Department or designee-required changes in the terms of the entity's application including, but not limited to its proposed program plan. The Department or its designee also may condition its authorization upon such other requirements as the Department or designee determines to be appropriate.

Or. Admin. Code § 813-300-0030

OHCS 12-2002(Temp), f. & cert. ef. 10-8-02 thru 4-5-03; OHCS 1-2003, f. & cert. ef. 4-4-03; OHCS 13-2007(Temp), f. & cert. ef. 10-2-07 thru 3-30-08; OHCS 2-2008, f. &cert. ef. 3-18-08; OHCS 7-2018, amend filed 05/30/2018, effective 5/30/2018; OHCS 4-2024, amend filed 04/03/2024, effective 4/3/2024

Statutory/Other Authority: ORS 456.555, ORS 456.625 & ORS 458.700

Statutes/Other Implemented: ORS 315.271 & ORS 458.670 - 458.700