Or. Admin. Code § 813-365-0065

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

Section 813-365-0065 - Compliance Monitoring; Remedies

(1) OHCS will conduct reviews, audits, and other compliance monitoring as it deems appropriate with respect to each program provider to verify compliance with RGP requirements. Program providers must cooperate fully with OHCS in its compliance monitoring activities.

(2) Program providers must require by contract and monitor their subrecipients' compliance with all RGP requirements including, but not limited to, recordkeeping and retention of records and OHCS compliance monitoring and enforcement.

(3) OHCS reserves the right to identify deficiencies in the performance of any program provider or their subrecipients discovered during compliance monitoring activities and take remedial action upon such program providers, including, but not limited to, terminating its funding agreement with a program provider and requiring repayment of RGP funding.

(4) To remedy any identified deficiencies, OHCS:

(a) Must notify a program provider 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 program provider 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 program provider; and

(d) May, at its discretion, offer the program provider 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 disapproval to the program provider.

(5) OHCS must provide adequate notice and opportunity for an appeal prior to a remedial action that terminates organizational eligibility for RGP funding for cause or otherwise reduces a program provider's proportional share of funding.

(6) Appeals must be addressed to the assistant director of the Housing Stabilization Division of OHCS, whose decision may be further appealed to the director of OHCS.

(7) 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 RGP requirements, at law or otherwise.

Or. Admin. Code § 813-365-0065

OHCS 1-2018, temporary adopt filed 01/08/2018, effective 01/09/2018 through 07/07/2018; OHCS 6-2018, adopt filed 03/02/2018, effective 3/2/2018; OHCS 45-2019, amend filed 12/31/2019, effective 12/31/2019

Statutory/Other Authority: ORS 456.555

Statutes/Other Implemented: ORS 458.505, 2017 Oregon Laws, Chapter 659 & O.L. 2019 SB 278