Or. Admin. Code § 813-201-0170 - 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
COV-OEAP 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 timeframe 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 COV-OEAP 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 executive 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
COV-OEAP requirements, at law or otherwise.
Notes
Statutory/Other Authority: ORS 456.555
Statutes/Other Implemented: ORS 456.587, 458.505 & 757.612
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