Or. Admin. Code § 274-030-0630

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

Section 274-030-0630 - Withholding Funds

(1) Funds may be withheld by the Department due, but not limited, to the following conditions:

(a) Reports are not submitted in the timeline established in OAR 274-030-0620, Quarterly Reports and Audits.

(b) Reports do not contain accurate or verifiable information.

(c) Lack of evidence that previous funds were used in a manner established in OAR 274-030-0602, County Responsibilities.

(d) Lack of evidence that acceptable progress has been made in accomplishing the timelines, goals, and objectives as contained in the county's approved plan.

(e) The determination that a county is supplanting funds.

(A) Establishment of a Baseline. For purposes of the Expansion and Enhancement Program, county funding for the fiscal year ending on June 30, 2005, will be considered the minimum level of funding that a county must maintain for their Service Officer Program in order for the county to receive state expansion and enhancement appropriations. Exceptions may be granted by the Department for one-time county funding made in fiscal year 2005, such as funds used to purchase a vehicle for transportation of veterans, or other extenuation circumstances.

(B) Except as outlined in ORS 406.460, counties must annually fund their County Veterans' Service Program at or above the established baseline to avoid supplanting.

(C) Noncomplicance. The amount of supplanted monies will be withheld dollar for dollar from that county's expansion and enhancement funds. When sufficient evidence has been received by the Department showing supplanted funds have been restored to the County Veterans' Service Program, withheld funds will be released to the county, subject to budgetary limitations and if all required reports were in a current received status at the time supplanting was discovered.

(2) Withheld funds will be released at the conclusion of the quarter following the Department's receipt of:

(a) Prior quarterly reports and supporting documentation.

(b) Amended reports with accurate and verifiable information.

(c) Sufficient evidence that funds were used in the manner established in ORS 406.450 and OAR 274-030-0602(2), County Responsibilities.

(d) Sufficient evidence has been received that acceptable progress has been made in accomplishing the timelines, goals, and objectives as outlined in the county plan.

(3) In order for any withheld expansion and enhancement funds to be released, the current quarter's reports and any required attachments must be received within the timeframe outlined in OAR 274-030-0620

(4) Unless otherwise legislatively restricted, funds withheld by the Department at the conclusion of the biennium may be disbursed to all remaining qualified counties as determined by the Director, with the advice of the Advisory Committee.

Or. Admin. Code § 274-030-0630

DVA 7-2005(Temp), f. 12-22-05, cert. ef. 12-23-05 thru 6-21-06; DVA 6-2006, f. & cert. ef. 6-16-06; DVA 1-2007(Temp), f. & cert. ef. 7-25-07 thru 1-18-08; DVA 4-2007, f. 12-20-07, cert. ef. 1-1-08

Stat. Auth.: ORS 406.030, 406.050, 406.310 - 406.340, 406.450- 406.462, 408.410

Stats. Implemented: ORS 406.030, 406.050, 406.450 - 406.462, 408.410