Or. Admin. Code § 813-245-0080

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

Section 813-245-0080 - Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any grantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such grantees, including, but not limited to, terminating its funding agreement with a grantee, and requiring repayment of LTRA funding.

(2) To take remedial action on any identified deficiencies, OHCS:

(a) Must issue a deficiency notice notifying a grantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;

(b) Must require the grantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;

(c) May offer training and technical assistance related to such deficiencies to the grantee; and

(d) May, at its discretion, offer the grantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the grantee.

(3) OHCS must provide adequate notice to a grantee of remedial action that will terminate or reduce a grantee's eligibility for LTRA funding. OHCS must provide the grantee an initial opportunity to appeal to the director of the Special Initiatives Division, whose decision may be deferred to the director of OHCS.

(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.

(5) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the LTRA requirements, at law or otherwise.

Or. Admin. Code § 813-245-0080

OHCS 23-2024, adopt filed 06/21/2024, effective 6/21/2024

Statutory/Other Authority: Executive Order 23-02, ORS 456.555 & Executive Order 24-02

Statutes/Other Implemented: Executive Order 23-02, HB 5019 (2023), SB 5511 (2023) & Executive Order 24-02