Or. Admin. Code § 741-020-0080 - Sanctions, Exceptions and Appeals
(1) The Department may invoke sanctions
against applicants that fail to comply with the requirements governing the
Program. The Department will not impose sanctions until the applicant has been
notified in writing of deficiencies and has been given a reasonable time to
respond and correct the deficiencies noted. The following circumstances may
warrant sanctions:
(a) None of the Approved
Project activities have begun within six months of notification of the award of
money from the Industrial Spur Program;
(b) State statutory requirements have not
been met;
(c) There is a
significant deviation from the Approved Project grant/loan contract;
or
(d) The Department finds that
significant corrective actions are necessary to protect the integrity of the
Program Funds for the Approved Project, and those corrective actions are not,
or will not be, made within a reasonable time.
(2) One or more of the following sanctions
may be imposed by the Department:
(a) Revoke
an existing award.
(b) Withhold
unexpended Program Funds.
(c)
Require return of unexpended Program Funds or repayment of expended Program
Funds.
(d) Bar the applicant from
applying for future assistance.
(e)
Other remedies that may be incorporated into grant/loan contracts.
(3) The remedies set forth in this
rule are cumulative, are not exclusive, and are in addition to any other rights
and remedies provided by law or under the contract.
(4) The Director will consider appeals of the
Department's funding decisions. Only the applicant may appeal. Appeals must be
submitted in writing to the Director within 30 days of the event or action that
is being appealed. The Director's decision is final.
(5) The Director may waive non-statutory
requirements of this Program if it is demonstrated such a waiver would serve to
further the goals and objectives of the Program.
Notes
Stat. Auth.: ORS 184.616, 184.619 & 823.011
Stats. Implemented: ORS 367.070 & Sec. 10. Ch. 741 OL 2003
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