Oregon Administrative Rules
Chapter 741 - DEPARTMENT OF TRANSPORTATION, RAIL DIVISION
Division 20 - STANDARDS TO DETERMINE PROJECT ELIGIBILITY AND APPLICATION PROCEDURES FOR GRANTS OR LOANS UNDER THE INDUSTRIAL SPUR PROGRAM
Section 741-020-0080 - Sanctions, Exceptions and Appeals

Universal Citation: OR Admin Rules 741-020-0080

Current through Register Vol. 63, No. 9, September 1, 2024

(1) The Department may invoke sanctions against applicants that fail to comply with the requirements governing the Program. The Department will not impose sanctions until the applicant has been notified in writing of deficiencies and has been given a reasonable time to respond and correct the deficiencies noted. The following circumstances may warrant sanctions:

(a) None of the Approved Project activities have begun within six months of notification of the award of money from the Industrial Spur Program;

(b) State statutory requirements have not been met;

(c) There is a significant deviation from the Approved Project grant/loan contract; or

(d) The Department finds that significant corrective actions are necessary to protect the integrity of the Program Funds for the Approved Project, and those corrective actions are not, or will not be, made within a reasonable time.

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

(a) Revoke an existing award.

(b) Withhold unexpended Program Funds.

(c) Require return of unexpended Program Funds or repayment of expended Program Funds.

(d) Bar the applicant from applying for future assistance.

(e) Other remedies that may be incorporated into grant/loan contracts.

(3) The remedies set forth in this rule are cumulative, are not exclusive, and are in addition to any other rights and remedies provided by law or under the contract.

(4) The Director will consider appeals of the Department's funding decisions. Only the applicant may appeal. Appeals must be submitted in writing to the Director within 30 days of the event or action that is being appealed. The Director's decision is final.

(5) The Director may waive non-statutory requirements of this Program if it is demonstrated such a waiver would serve to further the goals and objectives of the Program.

Stat. Auth.: ORS 184.616, 184.619 & 823.011

Stats. Implemented: ORS 367.070 & Sec. 10. Ch. 741 OL 2003

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