OAR 813-245-0080: Temporary rule language in effect until 01/27/2027. Remedies

(1) OHCS reserves the right to identify deficiencies in the performance of any grantee or their subrecipients discovered during program and fiscal compliance monitoring activities and take remedial action as provided in the grant agreement upon such grantees, including, but not limited to, terminating its funding agreement with a grantee, and requiring repayment of LTRA funding. (2) To take remedial action on any identified deficiencies, OHCS: (a) Will issue a deficiency notice notifying a grantee 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) Will require the grantee 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 grantee; and (d) May, at its discretion, allow the grantee to propose a corrective action plan and offer the grantee assistance in the development of such corrective action plan. Any corrective action plan must be reviewed and approved by OHCS. (3) OHCS must provide adequate notice to a grantee of remedial action that will terminate or reduce a grantee’s eligibility for LTRA funding. OHCS will provide the grantee an initial opportunity to appeal to the director of the Housing Retention Division or their designee, whose decision may be deferred to the director of OHCS. (4) For appeals unable to be resolved internally pursuant to subsection (3), OHCS adopts the procedures detailed in ORS Chapter 183 for contested cases. (5) 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 LTRA Requirements, at law or otherwise.