1. (1) For applications submitted to the Authority before January 1, 2026, applicant that was notified that they did not meet minimum grant application criteria or did not receive a minimum evaluation score, can submit a written request to the Authority within five (5) business days after receiving the notice described in OAR 944-020-0000(5) or 944-020-0010(3). A written appeal request must include:

   1. (a) The application and all application materials submitted to the Authority; and
   2. (b) A concise statement explaining why the applicant believes they meet the minimum application criteria or should have received a higher evaluation score.
2. (2) The Authority Director or designee must approve or deny the request for an appeal submitted under section (1) of this rule and must notify the applicant in writing of the decision to approve or deny the requested appeal within 10 business days of receipt of the appeal. The decision is final.
3. (3) For applications submitted to the Authority before January 1, 2026, an applicant that was notified that they were not funded can submit a written protest to the Authority Director of designee within seven (7) business days after receiving the notice described in OAR 944-020-0020(2).

4. (4) Content of Protest. An applicant that submits a protest as described in OAR 944-020-0030(3) shall specify the grounds for the protest to be considered by the Authority pursuant to ORS 279B.410(1). The protest must describe how the applicant would be eligible to be awarded the grant in the event that the protest was successful and the reason for the protest is that:

   1. (a) All higher ranked applications are nonresponsive;
   2. (b) The Authority has failed to conduct the evaluation of applications in accordance with the criteria or processes described in the solicitation materials (including but not limited to the Request for Grant Applications);
   3. (c) The Authority has abused its discretion in rejecting the protestor’s application as nonresponsive; or
   4. (d) The Authority’s evaluation of applications or the Authority’s subsequent determination of award is otherwise in violation of ORS Chapter 430 or OAR Chapter 944, Division 20.
5. (5) The Authority Director or designee must notify the applicant in writing of the decision to approve or deny the protest within 10 business days of its decision. If the Authority upholds the protest, in whole or in part, the Authority may in its sole discretion either award the grant to the successful protestor or cancel the solicitation.
6. (6) Judicial Review. Judicial review of the Authority’s decision relating to an award protest shall be in accordance with ORS 279B.415. For purposes of this rule, the protest of “contract awards” under ORS 279B.415 includes grant awards under OAR Chapter 944 Division 20.

Statutory/Other Authority

ORS 430.389(2)(a), 430.390, 413.042 & SB 610 (2025)

Statutes/Other Implemented

ORS 430.389(2)(a) & 430.390

History

DTRS 2-2025, amend filed 12/25/2025, effective 01/01/2026
DTRS 4-2024, adopt filed 10/22/2024, effective 11/01/2024
DTRS 2-2024, temporary adopt filed 05/30/2024, effective 06/01/2024 through 11/27/2024