Current through Register Vol. 63, No. 3, March 1, 2024
(1)
Surplus real property, personal property, or equipment owned or controlled by
the Department may be sold or ownership transferred to individuals, Care
Providers (including families), not-for-profit Housing Providers, or government
entities for the purpose of increasing the quality and quantity of Community
Housing for individuals with developmental disabilities. Methods of
distribution include but are not limited to:
(a) Fixed price real estate sale;
(b) Sealed bid sales;
(c) Transfer of ownership; or
(d) Public auction.
(2) Conduct of auctions or sealed bid sales:
(a) The Department will advertise the date,
time and location of public auction or sealed bid sales. Interested persons may
inspect property offered for sale at the time and place specified in the public
invitation to bid;
(b) The
Department reserves the right to reject any and all bids regarded as not in the
best interests of the State; and
(c) All items will be sold to the highest
bidder. All property will be offered "As is -- Where is" with no warranty or
other guarantee as to its condition or fitness for use. A purchaser or
disappointed bidder will have no recourse against the State, the Department, or
any of their respective officers, employees or agents. All sales will be
final.
(3) Payment:
(a) Full payment must be made on the day of
the sale for all purchases except vehicles or other titled equipment. For
titled equipment, a ten-percent down payment is required on the day of the
sale. The time limit for making full payment and the place where payment will
be made will be specified in public invitation to bid;
(b) Payment by personal check for amounts of
$1,000 or less may be accepted, at the discretion of the Department, when
presented with two (2) pieces of acceptable identification, one of which must
be a "photo ID." Other acceptable identification may include major credit
cards, a valid driver's license, or valid voter's registration card. The
Department reserves the right, in its discretion, to refuse any tender of
payment by personal check and, further, the right to require that payment be
made by cash, cashier's check or money order; and
(c) Payment by personal check for amounts
exceeding $1,000 may be accepted, at the absolute discretion of the Department,
when presented with two (2) pieces of acceptable identification, one of which
must be a "photo ID" together with a letter from the financial institution on
which the check is drawn guaranteeing payment of the full amount of the check.
The Department reserves the right, in its discretion, to refuse any tender of
payment by personal check and, further, the right to require that payment be
made by cash, cashier's check or money order.
(4) Claiming Items Purchased:
(a) Items not paid in full by the time
specified in the sales terms and conditions will be cancelled and bid security
forfeited;
(b) Property paid for,
but not claimed within the time specified in the sales terms and conditions
will be considered abandoned and ownership will default to the State, unless
prior approval is obtained from the Department;
(c) Title to personal property sold will be
transferred to the purchaser when full payment has been made; and
(d) Proceeds from the sale of surplus
personal property will be deposited in the Community Housing Fund.
(5) Transfer of Ownership. The
Department may transfer ownership of property or equipment to individuals, Care
Providers (including families), not-for-profit Housing Providers, or government
entities. Property or equipment acquired through this means will be used for
the purpose of providing care, or maintaining a program that provides care or
housing for individuals with developmental disabilities. The recipient may not
sell the equipment for a period of six months following sale. The following
information concerning the equipment will be supplied to the Department on a
form approved by the Department:
(a) The name
of the person or organization acquiring the equipment;
(b) A description of the equipment;
(c) The location where it will be used;
and
(d) An estimate of the value of
the equipment.
(6) The
equipment will remain with the real property unless it was modified or designed
for a specific individual's use, in which case it will move with the individual
if his or her residence changes.
(7) The care provider will notify the
Department if the equipment ceases to be used for the approved purpose. The
Department may recover the property at its discretion.
Stat. Auth.: ORS
409.050 &
410.070
Stats. Implemented: ORS
427.330 -
427.345
