Or. Admin. Code § 330-280-0120 - Compliance
(1) The Department
reserves the right to conduct a physical inspection of all installations and
upgrades and to audit all documentation relating to an installation or upgrade
for which a reservation is made under the program before or after a rebate or
grant payment is made to the contractor.
(2) The Department shall provide at least 15
days advance notice before performing a physical inspection of an installation
or upgrade. If the owner, or their representative, requests an inspection
before the 15-day notice period has expired, the Department may inspect the
site earlier. The owner of the dwelling, a representative of the owner, or the
contractor must be present and must provide safe access to inspect the
installation and any upgrade. Department inspectors will not inspect areas that
they deem to present an unreasonable risk to personal safety.
(3) The Department shall provide a written
determination of whether the project was completed as described in the
application and meets the project eligibility criteria within 30 days to the
contractor based upon the inspection.
(4) If the Department determines that the
installation or upgrade does not meet project eligibility criteria under the
program or the completed project does not match the project description entered
by the contractor when making a request for a rebate or grant, the contractor
will have 30 days from the date they received written notice from the
Department to correct and provide proof of correction for any discrepancies
found by the Department or to provide written explanation or
justification.
(5) The Department
shall provide a final determination in writing within 15 days regarding the
contractor's written response to the Department 's initial determination after
an inspection.
(6) The Department
may deny a rebate or grant if a contractor does not resolve issues found in an
inspection or in an audit within the time limit established under program
rules.
(7) Pursuant to the
procedures for a contested case under ORS chapter 183, the Director may order
the revocation of a rebate or portion of a rebate or grant under the program if
the Director finds that the rebate or grant was obtained by fraud or
misrepresentation, or by mistake or miscalculation. As soon as the order of
revocation becomes final, the Department shall proceed to recover the rebate,
grant, or portion of the rebate or grant that is subject to the order of
revocation. All moneys provided to a contractor attributable to the
fraudulently or mistakenly obtained rebate, grant, or portion of the rebate or
grant shall be forfeited.
Notes
Statutory/Other Authority: Oregon Laws 2022, Chapter 86 (Senate Bill 1536) & ORS 469.040
Statutes/Other Implemented: Oregon Laws 2022, Chapter 86 (Senate Bill 1536)
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