Current through Register Vol. 63, No. 3, March 1, 2024
(1)
(a) An applicant or potential qualifying
applicant may protest or otherwise challenge the grant review committee's
application process or award decisions, or both, by first requesting
administrative review described herein.
(b) A timely, qualifying request for
administrative review is necessary to satisfy the conditions of this section
and a condition precedent to judicial review consistent with ORS
183.480.
(c) Failure to file a timely, qualifying
request for administrative review with the grant review committee will
constitute a failure to exhaust administrative remedies and terminate further
rights to protest or otherwise challenge the solicitation process or any
related grant review committee decision, including judicial review thereof by
the court of competent jurisdiction.
(2)
(a) An
applicant under this section is a person who, or entity that, makes an
application for an IMPACTS program funding award pursuant to a particular grant
review committee solicitation.
(b)
A potential qualifying applicant is a person who, or entity that, qualifies to
make an application for an IMPACTS funding award under the terms of a
solicitation with respect to the process of which it requests administrative
review consistent with the terms of this section.
(3)
(a) An
applicant or potential qualifying applicant seeking to protest or otherwise
challenge any aspect of the IMPACTS grant application process must request
review by the grant review committee within 14 business days of the application
due date of the solicitation.
(b)
An applicant seeking to protest or otherwise challenge a decision by the grant
review committee, such as, but not limited to, a funding award decision, must
request review by the grant review committee of such decision within 14 days of
the applicant's receiving notice from the grant review committee, or its staff,
of that decision.
(4)
Any request for review under this section must be in writing, specifically
identifying:
(a) The nature of the protest
requestor's interest, including the facts demonstrating how the requestor is
adversely affected or aggrieved by the grant review committee's solicitation
process or decision;
(b) Each of
the grounds for review, meaning an explanation of the specific reasons that the
grant review committee's solicitation process or decision was in error based on
applicable law or rule, or based upon the language of the request for grant
proposals;
(c) The relief sought,
meaning the specific grant review committee process or decision point that the
requestor seeks to change and what the change would provide the
requestor;
(d) Any supporting
information, relevant to the IMPACTS program application or solicitation, the
requestor desires to have considered by the grant review committee.
(5) Protests may be submitted by
mail or by email to the IMPACTS grant review committee staff person.
(6) The envelope or email containing the
request for review must:
(a) Be marked
PROTEST;
(b) Identify the program
the request concerns; and
(c) Be
received by the grant review committee staff:
(A) By mail at its office: Oregon Criminal
Justice Commission, 885 Summer Street NE, Salem, Oregon 97301; or
(B) By email to cjcgrants@oregon.gov no later
than 4:00 PM on the 14th day after the solicitation closing date or the
applicant's receipt of notice from the grant review committee of the decision
from which review is requested, whichever due date is applicable under this
section.
(7)
The applicant will be deemed to have received notice of a grant review
committee decision upon the sooner of:
(a)
Three days after the grant review committee's decision is mailed to the
applicant;
(b) Two days after such
decision is posted to the grant review committee's website;
(c) Two days after the list of successful
solicitation applicants is posted to the grant review committee's website;
or
(d) One business day after such
decision is emailed to the applicant.
(8) The grant review committee may request
additional information from the requestor with respect to the request and
consider such other information as it deems appropriate.
(9) The grant review committee, upon receipt
of notice of a solicitation or award protest, will endeavor to provide a
written response to a timely, qualifying request for review within 30 days. If
the grant review committee determines a response is not possible within 30
days, the grant review committee will notify the requestor as to when a
response may be expected.
(10)
Judicial review of the grant review committee's response to a timely,
qualifying request for review shall be limited to those grounds the requestor
raised with the grant review committee in the requestor's request for review.
(11) The filing of a request for
review, or subsequent judicial review, if any, will not preclude the grant
review committee from moving forward with the solicitation or the award of
IMPACTS program funding thereunder. However, the grant review committee
reserves the right to delay, terminate, modify, or take other action it
determines to be appropriate with respect to a solicitation or any related
award of IMPACTS program funding in response to a request for review or
subsequent judicial review.
Statutory/Other Authority: SB 973 (2019) & Or Laws 2019,
ch 563, § 1-14
Statutes/Other Implemented: SB 973 (2019) & Or Laws 2019,
ch 563, § 1-14
