OAR 813-201-0072
Remedies
(1)
OHCS reserves the right to identify deficiencies in the performance of any subgrantee or subgrantee’s subrecipients discovered at any time and take remedial action upon such subgrantees, including, but not limited to, terminating its funding agreement with a subgrantee and requiring repayment of EAS funding.(2)
To remedy any identified deficiencies, OHCS:(a)
Will issue a deficiency notice notifying a subgrantee of any deficiencies, identified either through the compliance monitoring process or otherwise, and provide documentation for the basis of such determination and the specific deficiency or deficiencies that must be corrected;(b)
Shall require the subgrantee to correct any deficiencies in a manner and timeframe satisfactory to OHCS and within the terms and conditions of the CARES Act;(c)
May, in its sole discretion, offer training and technical assistance related to such deficiencies to the subgrantee; and(d)
May, in its sole discretion, offer the subgrantee assistance in the development of a corrective action plan. If a corrective action plan is allowed, OHCS must, within a reasonable time period, review the plan and issue a decision of approval or disapproval to the subgrantee prior to the implementation of the action plan by the subgrantee or its subrecipients.(3)
OHCS reserves the right to reduce subgrantee funding as it determines to be appropriate in its sole discretion and redistribute such funds to other subgrantees or eligible providers with the goal of minimizing service disruption and ensuring EAS funds are utilized.(4)
OHCS’ 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 EAS requirements, the CARES Act, at law or otherwise.
Source:
Rule 813-201-0072 — Remedies, https://secure.sos.state.or.us/oard/view.action?ruleNumber=813-201-0072.