Or. Admin. Code § 813-120-0130

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-120-0130 - Sanctions

(1) The Department may invoke sanctions against a State Recipient, Subrecipient or Recipient that fails to comply with its HOME Agreement. Sanctions will not be imposed by the Department until the State Recipient, Subrecipient or Recipient has been notified in writing of its deficiencies and has been given an opportunity to respond and correct the deficiencies noted. Below is an illustrative (but not comprehensive) list of circumstances that may warrant sanctions:

(a) The Recipient has not commenced any of the Project activities within six months after its Project award;

(b) The Recipient has not entered into the necessary third party agreements related to the Project within ninety (90) days of its Project award;

(c) The State Recipient, Subrecipient or Recipient has materially breached its HOME agreement; or

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

(2) Sanctions imposed by the Department may include but are not limited to one or more of the following:

(a) Bar a the State Recipient, Subrecipient or Recipient, as the case may be, from applying for future HOME funding;

(b) Revoke an existing HOME award;

(c) Withhold unexpended HOME funds;

(d) Require the State Recipient, Subrecipient or Recipient, as the case may be, to return unexpended HOME funds;

(e) Require the State Recipient, Subrecipient or Recipient, as the case may be, to repay expended HOME funds; and

(f) Other remedies that may be provided in the HOME agreement.

(3) The remedies set forth in this OAR 813-120-0130 are cumulative and not exclusive and are in addition to any other rights and remedies provided by law or under the HOME agreement.

(4) A State Recipient, Subrecipient or Recipient shall take all action necessary to enforce the terms of the its agreement against any third party that fails to comply with its agreement with the State Recipient, Subrecipient or Recipient, respectively, and shall recover on behalf of the Department any costs, expenses, and damages that may arise as the result of the breach of such agreement by such breaching third party. The Recipient, by its execution of its HOME Agreement with the Department (whether or not that Agreement expressly so states) acknowledges and agrees that the Department has the unrestricted right (but not the obligation) to enforce the terms of any agreement the Recipient has with a third party regarding the Program or Project or to recover any sums that may become due as the result of a breach of such agreement.

Or. Admin. Code § 813-120-0130

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; HSG 1-1997, f. & cert. ef. 4-15-97; OHCS 1-2008, f. & cert. ef. 1-28-08

Publications: Publications referenced are available from the agency.

Stat. Auth.: ORS 456.620

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