Or. Admin. Code § 741-025-0080

Current through Register Vol. 63, No. 11, November 1, 2024

Section 741-025-0080 - Sanctions, Exceptions and Appeals

(1) The Department may invoke sanctions against the applicants that fail to comply with the requirements governing the Program. The Department will notify the applicant in writing of deficiencies and give a reasonable amount of time for the applicant to respond to and correct the deficiencies before imposing sanctions. The following circumstances may warrant sanctions:

(a) None of the Project activities have begun within six months after award.

(b) State statutory requirements have not been met.

(c) The Project substantially deviates from the contract.

(d) The Department finds that significant corrective actions are necessary to protect the integrity of the Project funds, and those corrective actions are not, or will not be, made within a reasonable time.

(2) One of more of the following sanctions may be imposed by the Department:

(a) Revoke an existing award;

(b) Withhold unexpended 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. 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.

Or. Admin. Code § 741-025-0080

RD 4-2004, f. & cert. ef. 5-20-04

Stat. Auth.: ORS 184.616, 184.619, 367.066, 367.067 & 823.011

Stats. Implemented: ORS 367.066(2) & 367.067