1. (1) If, at any time, it is discovered that the applicant or the project violates the applicant eligibility exclusions in OAR 123-130-0030 or the project eligibility exclusions in OAR 123-130-0040, the Department may seek legal remedies against applicants that fail to comply with the requirements governing the fund. Remedies will not be imposed by the Department until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted.

2. (2) One or more of the following remedies may be imposed by the Department:

   1. (a) Bar a recipient from applying for future Fund assistance;
   2. (b) Revoke an existing Fund award;
   3. (c) Withhold unexpended Fund funds;
   4. (d) Demand immediate repayment of expended funds; and
   5. (e) Withhold other state funds.

Statutory/Other Authority

ORS 285A.075 & ORS 285A.193 - 285A.198

Statutes/Other Implemented

ORS 285A.193 - 285A.198

History

OBDD 5-2023, adopt filed 01/26/2023, effective 01/26/2023
OBDD 7-2022, temporary adopt filed 11/03/2022, effective 11/03/2022 through 05/01/2023