Or. Admin. Code § 413-095-0080 - Compliance Reviews and Remedies

(1) The BRS contractor must cooperate, and ensure its BRS providers cooperate, with program compliance reviews or audits conducted by any federal, state or local governmental agency or entity related to the BRS program including, but not limited to, the reviews and audits described in OAR 407-120-0170, 407-120-0180, 407-120-0310, 407-120-1505 and 410-170-0120.

(2) The Department or its designee will conduct compliance reviews periodically including, but not limited to, review of documentation and on-site inspections.

(3) Upon receiving any notices or reports related to compliance with a BRS contract, the Department will investigate the report to determine whether there is any material breach of the terms of the contract and take appropriate contract action.

(4) If the Department determines the BRS contractor is not in compliance with its contract to provide BRS services or placement-related activities, or is not in compliance with rule, state or federal law or regulation, then the Department may:

(a) Provide technical assistance;

(b) Require the BRS contractor or BRS provider to develop and implement a corrective action plan;

(c) Pursue any or all remedies authorized under the contract;

(d) Pursue any other remedy authorized by state or federal law; or

(e) Pursue any combination of (a) to (d) of this section.

(5) If the Department determines that the BRS contractor or the BRS provider is not in compliance with state or federal law or regulation, then in addition to pursuing any contract remedy, the Department may:

(a) Provide technical assistance;

(b) Require the BRS contractor or BRS provider to develop and implement a corrective action plan;

(c) Refer the case to an appropriate licensing or other oversight federal or state or local governmental agency or entity;

(d) Pursue any other remedy authorized by state or federal law; or

(e) Pursue any combination of (a) to (d) of this section.

Notes

Or. Admin. Code § 413-095-0080

Renumbered from 413-090-0090, CWP 1-2019, filed 01/02/2019, effective 1/2/2019; CWP 18-2019, minor correction filed 03/19/2019, effective 3/19/2019

Statutory/Other Authority: ORS 409.050, ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 418.240 & ORS 418.250

Statutes/Other Implemented: ORS 411.060, ORS 411.070, ORS 411.116, ORS 418.005, ORS 418.027, ORS 418.495, ORS 409.010, ORS 418.240, ORS 418.250 & ORS 418.260