Or. Admin. Code § 581-014-0010 - Reduction of Distribution Appeal Process
(1) When an audit determination has been made
that reduces a grantee allocation or distribution, the grantee may request the
State Board of Education review the decision of the Department within 30 days
of notification of the decision by the Department.
(2) An audit determination must be based on
information that grant moneys received in a prior year were not used as
provided by the grant agreement.
(3) The State Board of Education delegates to
the Superintendent of Public Instruction or designee all administrative
functions necessary or reasonable in order to conduct a review of the SIA
distribution reduction. This delegation to the Superintendent includes, but is
not limited to:
(a) Determining the form,
contents and timelines of the petition for review;
(b) Determining the records required for
review and ordering the production of those records from the grantee and
establishing timelines for the production of those records;
(c) Requiring the grantee to respond to
written or oral inquiries related to board review; and
(d) Determining at any time during the review
process to reject a review request if in the judgment of the Superintendent,
the recipient fails to reasonably comply with the administrative review
processes of the Superintendent.
(4) The Superintendent may review the
decision only to determine whether:
(a) The
grantee should have funds deducted from a future grant disbursement.
(b) The reasons for the withholding from a
future disbursement are valid and align with the intent of section 14 of the
Student Success Act.
(5)
Following a review described in subsection (2), the State Board of Education
may:
(a) Uphold the decision of the department
to withhold funds from the disbursement;
(b) Remand the decision back to the
department for reconsideration;
(c)
Require the grantee to undergo other technical assistance or interventions as
specified in section 15 prior to a reduction of a future disbursement;
or
(d) Reverse the decision of the
department to withhold funds from a future disbursement.
(6) At the conclusion of the administrative
review process the Superintendent shall recommend in writing to the State Board
to:
(a) Uphold the decision of the department
to withhold funds from the disbursement;
(b) Remand the decision back to the
department for reconsideration;
(c)
Require the grantee to undergo other technical assistance or interventions as
specified in section 15 prior to a reduction of a future disbursement;
or
(d) Reverse the decision of the
department to withhold funds from a future disbursement.
(7) The State Board will consider the
recommendation of the Superintendent and any other information it deems
relevant and determine based on the requirements of Section 15 of the Student
Success Act.
Notes
Statutory/Other Authority: ORS 327.201
Statutes/Other Implemented: ORS 327.201
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