Or. Admin. Code § 411-310-0070 - Surplus Property

(1) Surplus real property, personal property, or equipment owned or controlled by the Department may be sold or ownership transferred to individuals, Care Providers (including families), not-for-profit Housing Providers, or government entities for the purpose of increasing the quality and quantity of Community Housing for individuals with developmental disabilities. Methods of distribution include but are not limited to:

(a) Fixed price real estate sale;

(b) Sealed bid sales;

(c) Transfer of ownership; or

(d) Public auction.

(2) Conduct of auctions or sealed bid sales:

(a) The Department will advertise the date, time and location of public auction or sealed bid sales. Interested persons may inspect property offered for sale at the time and place specified in the public invitation to bid;

(b) The Department reserves the right to reject any and all bids regarded as not in the best interests of the State; and

(c) All items will be sold to the highest bidder. All property will be offered "As is -- Where is" with no warranty or other guarantee as to its condition or fitness for use. A purchaser or disappointed bidder will have no recourse against the State, the Department, or any of their respective officers, employees or agents. All sales will be final.

(3) Payment:

(a) Full payment must be made on the day of the sale for all purchases except vehicles or other titled equipment. For titled equipment, a ten-percent down payment is required on the day of the sale. The time limit for making full payment and the place where payment will be made will be specified in public invitation to bid;

(b) Payment by personal check for amounts of $1,000 or less may be accepted, at the discretion of the Department, when presented with two (2) pieces of acceptable identification, one of which must be a "photo ID." Other acceptable identification may include major credit cards, a valid driver's license, or valid voter's registration card. The Department reserves the right, in its discretion, to refuse any tender of payment by personal check and, further, the right to require that payment be made by cash, cashier's check or money order; and

(c) Payment by personal check for amounts exceeding $1,000 may be accepted, at the absolute discretion of the Department, when presented with two (2) pieces of acceptable identification, one of which must be a "photo ID" together with a letter from the financial institution on which the check is drawn guaranteeing payment of the full amount of the check. The Department reserves the right, in its discretion, to refuse any tender of payment by personal check and, further, the right to require that payment be made by cash, cashier's check or money order.

(4) Claiming Items Purchased:

(a) Items not paid in full by the time specified in the sales terms and conditions will be cancelled and bid security forfeited;

(b) Property paid for, but not claimed within the time specified in the sales terms and conditions will be considered abandoned and ownership will default to the State, unless prior approval is obtained from the Department;

(c) Title to personal property sold will be transferred to the purchaser when full payment has been made; and

(d) Proceeds from the sale of surplus personal property will be deposited in the Community Housing Fund.

(5) Transfer of Ownership. The Department may transfer ownership of property or equipment to individuals, Care Providers (including families), not-for-profit Housing Providers, or government entities. Property or equipment acquired through this means will be used for the purpose of providing care, or maintaining a program that provides care or housing for individuals with developmental disabilities. The recipient may not sell the equipment for a period of six months following sale. The following information concerning the equipment will be supplied to the Department on a form approved by the Department:

(a) The name of the person or organization acquiring the equipment;

(b) A description of the equipment;

(c) The location where it will be used; and

(d) An estimate of the value of the equipment.

(6) The equipment will remain with the real property unless it was modified or designed for a specific individual's use, in which case it will move with the individual if his or her residence changes.

(7) The care provider will notify the Department if the equipment ceases to be used for the approved purpose. The Department may recover the property at its discretion.

Notes

Or. Admin. Code § 411-310-0070

SPD 7-2003, f. & cert. ef. 4-1-03; SPD 13-2006, f. 4-4-06, cert. ef. 4-5-06

Stat. Auth.: ORS 409.050 & 410.070

Stats. Implemented: ORS 427.330 - 427.345