Or. Admin. Code § 813-120-0120

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

Section 813-120-0120 - Remedies for Noncompliance

(1) At any time before expiration of the affordability requirements contained in OAR 813-120-0050 that are applicable to a Recipient, the Department may, for cause, find that the Recipient is not in compliance with the requirements of the Program. Remedies for noncompliance may include penalties set forth in 813-120-0130. The Department may make findings of noncompliance for reasons that include, but are not limited to, use of funds by the Recipient for activities not approved in the Recipient's HOME Agreement, the Recipient's failure to complete activities contemplated by such Agreement in a timely manner, the Recipient's failure to comply with all applicable rules or regulations, or the lack of a continued capacity by the Recipient to carry out the approved activities.

(2) If the Recipient's HOME Agreement terminates prior to Project Completion, the Recipient shall repay to the Department's HOME Investment Trust Fund Account all HOME funds disbursed to the Recipient by the Department for the Project. Repayment of HOME funds to the Department's HOME Investment Trust Fund Account shall not relieve the Recipient of its obligation to keep the Project affordable for the HOME period of affordability set forth in its Home Agreement with the Department.

HSG 6-1992(Temp), f. & cert. ef. 6-15-92; HSG 10-1992, f. & cert. ef. 11-20-92; HSG 1-1993(Temp), f. & cert. ef. 2-19-93; HSG 3-1993, f. & cert. ef. 8-18-93; OHCS 1-2008, f. & cert. ef. 1-28-08

Stat. Auth.: ORS 456.620

Stats. Implemented: ORS 456.559(1)(f)