Or. Admin. Code § 813-005-0050 - Remedies
(1) If the
department determines that there has been any material failure or default with
respect to any term, covenant or condition of the applicable solicitation
documents or funding documents, applicable rules, directives, or other program
requirements, it may exercise any remedy available under OAR chapter 813, the
solicitation documents, the funding documents, other program requirements or
applicable law. Remedies include, but are not limited to rescission of funding
awards, issuance of corrective orders or directives, imposition of sanctions,
recapture of any tax credits, recoupment of funding, recovery for damages,
specific performance, injunctive relief, declaratory actions, appointment of a
receiver for the project, foreclosure of lien interests, debarment from other
department funding, and other remedies available at law.
(2) The remedies set forth in this section
are cumulative and not exclusive and are in addition to any other rights and
remedies available to the department. The department may exercise any or all
remedies available to it, and in such manner as it, in its sole discretion,
determines appropriate. No failure to exercise a remedy shall be deemed as a
waiver or release of such remedy or other remedies or the claims upon which
they are based.
(3) Any waiver of
a remedy or claim must be in writing and signed by an authorized representative
of the department. No waiver shall be continuing in nature or affect any other
remedy or claim of the department unless expressly so stated in the signed
waiver.
Notes
Stat. Auth.: ORS 91.886, 317.097 & 456.555
Stats. Implemented: ORS 90.800 - 90.840, 91.886, 317.097, 456.515 - 456.725 & 458.005 - 458.740
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