Oregon Administrative Rules|Section 813-053-0070 - Remedies

                                                
Current through Register Vol. 60, No. 12, December 1, 2021 
(1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, terminating its funding agreement with a subgrantee and requiring repayment of ERA funding.
 
(2) To remedy any identified deficiencies, OHCS:
(a) Must issue a deficiency notice notifying a subgrantee 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 subgrantee 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 subgrantee; and
 
(d) May, at its discretion, offer the subgrantee 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 subgrantee.
 
 
(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee's eligibility for ERA funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, 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 ERA requirements, at law or otherwise.
 
Or. Admin. R. 813-053-0070
OHCS 12-2017, adopt filed 11/07/2017, effective 11/7/2017; OHCS 19-2019, minor correction filed 07/03/2019, effective 7/3/2019; OHCS 36-2019, amend filed 11/26/2019, effective 11/26/2019
Statutory/Other Authority: ORS 458.375
 
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
This section was updated on 12/9/2019 by overlay.