OAR 589-002-0800
Audit Procedures, Adjustments and Appeals
(1)
Notwithstanding the required financial audit required under the Single Audit Act of 1984, P.L. 98-502, the Office and the Commission have a statutory duty to manage public funds in a prudent manner. This duty includes the responsibility to take reasonable action to correct errors and to prevent the unauthorized use of public funds through the use of periodic audits.(2)
The Office may perform periodic on-site financial, performance and/or statistical audits of community colleges, community college service districts, other grantees, and contractors. The audits shall be conducted to determine compliance with applicable statutes and administrative rules, instructions, and grant and contract terms.(3)
Requests for audits may come from the Commission, the Office, community colleges, contractors, or private citizens. Requests from anyone outside the Office must be recommended by the Commissioner, and approved by the Commission.(4)
The audit is to be performed by a person or persons with adequate technical training and proficiency as an auditor.(5)
The Auditor shall prepare a draft report of the audit and forward it to the audited agency with a letter of explanation. The letter will explain alternatives available to the agency in responding to the draft report. The audited agency’s responses shall be forwarded within 60 days to the Auditor for evaluation in preparing the final audit report unless an alternative timeline is mutually agreed upon.(6)
After considering the responses, if any, from the agency on the draft audit report, the Auditor will prepare a final audit report. The Director shall forward by letter the final audit report to the audited agency.(7)
Any exceptions involving overclaims (overpayments) or underclaims (underpayments) may be processed as follows unless the Director agrees to an alternative method of adjustment:(a)
Overclaims: The agency will have the option of remitting the excess claim or reducing accordingly the subsequent year’s entitlement;(b)
Underclaims: The subsequent year’s claim may be adjusted by the amount underclaimed.(8)
The Auditor shall forward audit reports involving overpayment or underpayment to the Commissioner and to the audited agency.(9)
If the audited agency disputes the Office’s determination of an audit exception, the audited agency may appeal to the Commission in the manner provided for a contested case under ORS 183.413 (Notice to parties before hearing of rights and procedure) to 183.470 (Orders in contested cases). During an appeal, no action will be taken by the Office to effect reimbursement until a decision on the audit under appeal has been reached.
Source:
Rule 589-002-0800 — Audit Procedures, Adjustments and Appeals, https://secure.sos.state.or.us/oard/view.action?ruleNumber=589-002-0800.