Or. Admin. Code § 813-200-0080 - Remedies
(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
LIHEAP program 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 disappproval 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 LIHEAP program 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 LIHEAP program requirements, at law or otherwise.
Notes
Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 458.505, 458.620 & 458.650
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