OAR 274-030-0630: Withholding Funds

(1) The Department may withhold funds from a county based on one or more of the following: (a) A county failed to submit required quarterly reports to the Department in a timely manner as required under OAR 274-030-0620; (b) A county submitted one or more required quarterly reports to the Department containing inaccurate or unverifiable information; (c) A county used funds distributed by the Department for capital outlay, as defined in OAR 274-030-0500, which is prohibited under OAR 274-030-0545; (d) A county supplanted funds previously appropriated by the county for county veteran service officers and rehabilitation programs with funds distributed by the Department to a county under ORS 406.310 and ORS 406.454. (2) The Department may release funds to a county that were withheld under section (1)(a) of this rule when a county submits all required quarterly reports to the Department that were not submitted in a timely manner. (3) The Department may release funds to a county that were withheld under section (1)(b) of this rule when a county submits all amended quarterly reports to the Department containing corrected, accurate and verifiable information. (4) The Department may release funds to a county that were withheld under section (1)(c) of this rule when a county submits an amended and corrected report that demonstrates that funds used for capital outlay were county funds and not funds distributed to the county by the Department. (5) The Department may release funds to a county that were withheld under section (1)(d) of this rule when a county amends and corrects the expense reports that showed the county supplanted funds. The amended and corrected report must demonstrate that funds distributed to the county by the Department were not used to supplant county funds. (6) At the conclusion of the Department’s biennium, the Department may disburse withheld funds equally to all remaining counties as determined by the Director.