OAR 330-280-0120: Compliance

(1) The Department reserves the right to conduct a physical inspection of all installations and upgrades and to audit all documentation relating to an installation or upgrade for which a reservation is made under the program before or after a rebate or grant payment is made to the contractor. (2) The Department shall provide at least 15 days advance notice before performing a physical inspection of an installation or upgrade. If the owner, or their representative, requests an inspection before the 15-day notice period has expired, the Department may inspect the site earlier. The owner of the dwelling, a representative of the owner, or the contractor must be present and must provide safe access to inspect the installation and any upgrade. Department inspectors will not inspect areas that they deem to present an unreasonable risk to personal safety. (3) The Department shall provide a written determination of whether the project was completed as described in the application and meets the project eligibility criteria within 30 days to the contractor based upon the inspection. (4) If the Department determines that the installation or upgrade does not meet project eligibility criteria under the program or the completed project does not match the project description entered by the contractor when making a request for a rebate or grant, the contractor will have 30 days from the date they received written notice from the Department to correct and provide proof of correction for any discrepancies found by the Department or to provide written explanation or justification. (5) The Department shall provide a final determination in writing within 15 days regarding the contractor’s written response to the Department’s initial determination after an inspection. (6) The Department may deny a rebate or grant if a contractor does not resolve issues found in an inspection or in an audit within the time limit established under program rules. (7) Pursuant to the procedures for a contested case under ORS chapter 183, the Director may order the revocation of a rebate or portion of a rebate or grant under the program if the Director finds that the rebate or grant was obtained by fraud or misrepresentation, or by mistake or miscalculation. As soon as the order of revocation becomes final, the Department shall proceed to recover the rebate, grant, or portion of the rebate or grant that is subject to the order of revocation. All moneys provided to a contractor attributable to the fraudulently or mistakenly obtained rebate, grant, or portion of the rebate or grant shall be forfeited.