Or. Admin. Code § 813-002-0050

Current through Register Vol. 63, No. 12, December 1, 2024

Section 813-002-0050 - Protests and Judicial Review of Enforcement Action

(1) An Applicant may protest an OHCS enforcement action if the following conditions are satisfied:

(a) OHCS has abused its discretion in initiating an enforcement action; or

(b) OHCS' enforcement is in violation of law.

(2) An Applicant must file a written protest with OHCS and exhaust all administrative remedies before seeking judicial review of OHCS' enforcement action.

(3) Unless otherwise specified in the Funding agreement, an Applicant must deliver a written protest to OHCS within 7 calendar days after OHCS notified an Applicant or a prospective Applicant of its planned enforcement action.

(4) An Applicant or prospective Applicant written protest must specify the grounds for the protest to be considered by OHCS.

(5) OHCS will not consider an Applicant enforcement action protest submitted after the timeline established for submitting such protest under this rule, or such different time period as may be provided in the Funding agreement. OHCS will issue a written determination of the protest in a timely manner. If OHCS upholds the protest, in whole or in part, OHCS may in its sole discretion either modify or cancel the enforcement action.

(6) If the protest is mailed, the envelope containing the request for review must:

(a) Be marked PROTEST;

(b) Identify the project or prospective applicant name;

(c) Be addressed to the ARH Applications Team as recipient of the protest;

(d) Be mailed to the Department at its main Salem office: Oregon Housing and Community Services, 725 Summer Street NE, Suite B Salem, Oregon 97301

(7) If the protest is electronically mailed, the electronic mail must:

(a) Be marked PROTEST in the subject line;

(b) Identify the project or prospective applicant name in the subject line;

(c) Be addressed electronically

(8) Judicial review of OHCS' decision relating to an enforcement action protest shall be in accordance with ORS 183.480.

Or. Admin. Code § 813-002-0050

OHCS 13-2024, temporary adopt filed 05/29/2024, effective 5/29/2024 through 11/24/2024; OHCS 37-2024, adopt filed 09/26/2024, effective 10/1/2024

Statutory/Other Authority: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740

Statutes/Other Implemented: 456.250 - 456.395, 456.500 - 456.723 & 458.210 - 458.740