OAR 813-002-0051: Temporary rule language in effect until 01/08/2027. Compliance Monitoring and Authority

(1) The ARH Division operates a compliance monitoring system to ensure projects receiving ARH funding assistance maintain ongoing compliance with approved project plans. project plans may include but are not limited to the following requirements: (a) Funding program requirements, and (b) Relevant regulation including applicable administrative rules (including incorporated manuals), and (c) ARH department directives, and (d) Legal agreements, and (e) Any other ARH requirement which may be enforced at ARH’s sole discretion or otherwise. (2)(a) The project qwner must maintain all financial records relating to an ARH funded project in accordance with generally accepted accounting principles. The project owner may also maintain other records satisfactory to ARH standards and requirements. (b) The project owner must maintain all tenant file records relating to an ARH funded project in accordance with state and federal regulations, as well as ARH policies. The project owner may also maintain other records satisfactory to program compliance and ARH standards and requirements. (c) The project owner must retain and keep accessible all such records, books, documents, papers, plans, records of shipments, payments, and writings throughout the affordability period or for as long as required by the ARH funding agreement. (d) The project owner must provide requested records, books, documents, papers, plans, records of shipments, payments, and writings to ARH upon request, whether in paper, electronic, or other form, for the purpose of examinations, audits, making excerpts or, transcripts, and taking copies. (e) The project owner shall retain supporting documents and all other pertinent records with respect to a project until six years after the project affordability period for the respective source of funding ends, or six years after any relevant litigation or audit claim is resolved, whichever is later. (3) The project owner must provide an annual continued program compliance certification, in a format and on a schedule approved by ARH, that confirms the project owner is fulfilling all obligations required of the funding source(s). ARH may also require the project owner to submit additional information or reports to ARH upon request. (4) Projects receiving any funding through ARH are subject to regulatory reviews that are required by state, federal, or OHCS program requirements. (5) The project owner shall cooperate fully with all audits, reviews, and field inspections, or other monitoring actions required by ARH, and shall comply with any resulting correction directives. (6)(a) The project owner shall act promptly to correct any deficiencies identified by ARH through audits, file or document reviews, field inspections, or any other method of compliance monitoring. (b)The project owner shall correct deficiencies within thirty 30 to sixty 60 days after notice from ARH, unless earlier correction is required to address material health or safety needs of tenants. If a deficiency is required to be corrected to address the material health or safety needs of tenants, the project owner shall correct such deficiencies within twenty-four hours after notice from ARH. (c) In the event of a foreclosure, deed in lieu of foreclosure, or similar event with respect to an ARH-funded project, the correction period for the successor for an existing event of noncompliance shall be no less than thirty days from the earlier of the date the successor obtains control or becomes the new project owner. (d) ARH may, at its sole discretion, extend the thirty-day correction period for up to six months.