Or. Admin. Code § 732-040-0045 - Withholding Funds

(1) The Agency may withhold payment of STIF moneys to a Recipient if:

(a) The Recipient or its Sub-Recipient is not using STIF funds in accordance with applicable laws, these rules or the terms of the STIF Plan or agreement under which the funds were distributed;

(b) The Recipient or its Sub-Recipient has not submitted required reporting;

(c) The Agency determines that there is any unresolved audit finding relating to the accounting for STIF moneys; or

(d) The Agency determines that there is any unresolved compliance review finding relating to the use of STIF moneys.

(2) If an audit or a review of a Recipient or its Sub-Recipient's implementation of an agreement under which STIF moneys were distributed determines that the Recipient or its Sub-Recipient used STIF moneys inconsistently with the agreement, the Agency may withhold future STIF funding.

(3) A Qualified Entity may appeal the Agency's decision to withhold STIF Formula Fund moneys as described in OAR 732-040-0050.

Notes

Or. Admin. Code § 732-040-0045

PTD 1-2018, adopt filed 06/26/2018, effective 7/1/2018

Statutory/Other Authority: ORS 184.619, ORS 184.658 & ORS 184.761

Statutes/Other Implemented: ORS 184.751-184.766