Or. Admin. Code § 813-145-0060 - Remedies
(1) OHCS reserves
the right to identify deficiencies in the performance of any subgrantee or
their subrecipients discovered during program operations or compliance
monitoring activities and take remedial action upon such subgrantees,
including, but not limited to, modifying funding amount, reducing or
withholding payment, suspending or recouping payments or both, requiring a
corrective action or additional activities necessary to satisfy its obligations
or meet performance standards, initiation of an action or proceeding for
damages, specific performance, or declaratory or injunctive relief, exercise of
its right of recovery of overpayments, declaring subgrantee ineligible for the
receipt of future awards from OHCS, criminal action for misstatements or fraud,
misfeasance, claims under the Oregon False Claims Act, or other culpable
behavior, investigation, audit, and/or sanction by other governmental bodies,
and terminating its funding agreement with a subgrantee and requiring repayment
of ESG funding.
(2) To remedy any
identified deficiencies, OHCS:
(a) May issue a
deficiency notice notifying a subgrantee of deficiencies identified and provide
documentation for the basis of such determination and the specific deficiency
or deficiencies that must be corrected;
(b) May require the subgrantee to correct any
deficiencies in a manner and time frame satisfactory to OHCS;
(c) May offer training and technical
assistance related to such deficiencies to the subgrantee; and
(d) May, at its discretion, offer the
subgrantee assistance in the development of a corrective action plan. If a
corrective action plan is allowed, OHCS must review the plan and issue a
decision of approval or disapproval to the subgrantee.
(3) OHCS may provide adequate notice to a
subgrantee of remedial action that will terminate or reduce a subgrantee's
eligibility for ESG funding. OHCS may provide the subgrantee an initial
opportunity to appeal to the director of the Housing Stabilization Division of
OHCS, whose decision may be deferred to the director of OHCS.
(4) Issuance of a deficiency notice will not
constitute a waiver of other remedies available to OHCS or preclude OHCS from
exercising such other remedies available to it under the ESG requirements, at
law or otherwise.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576
State regulations are updated quarterly; we currently have two versions available. Below is a comparison between our most recent version and the prior quarterly release. More comparison features will be added as we have more versions to compare.
(1) OHCS reserves the right to identify deficiencies in the performance of any subgrantee or their subrecipients discovered during compliance monitoring activities and take remedial action upon such subgrantees, including, but not limited to, terminating its funding agreement with a subgrantee and requiring repayment of ESG funding.
(2) To remedy any identified deficiencies, OHCS:
(a) Must issue a deficiency notice notifying a subgrantee of deficiencies identified through the monitoring process and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;
(b) Must require the subgrantee to correct any deficiencies in a manner and time frame satisfactory to OHCS;
(c) May offer training and technical assistance related to such deficiencies to the subgrantee; and
(d) May, at its discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must review the plan and issue a decision of approval or disapproval to the subgrantee.
(3) OHCS must provide adequate notice to a subgrantee of remedial action that will terminate or reduce a subgrantee's eligibility for ESG funding. OHCS must provide the subgrantee an initial opportunity to appeal to the director of the Housing Stabilization Division of OHCS, whose decision may be deferred to the director of OHCS.
(4) For appeals unable to be resolved internally, OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases.
(5) Issuance of a deficiency notice will not constitute a waiver of other remedies available to OHCS or preclude OHCS from exercising such other remedies available to it under the ESG requirements , at law or otherwise.
Notes
Publications: Publications referenced are available from the agency.
Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: 24 CFR 576 & ORS 458.505