813-130-0120 Remedies (1) If the department determines that there has been any material failure or default with respect to any term, covenant or condition of the solicitation or funding documents, applicable rules, directives, other program requirements, or otherwise, it may exercise any remedy available to it under OAR chapter 813 (including, but not limited to the HELP Manual and General Manual), relevant solicitation or funding documents, or applicable law. Remedies include, but are not limited to corrective orders or directives, rescission, termination of funding, recoupment of HELP funds and other department funding already disbursed with respect to a project — including with applicable interest, recovery for damages, specific performance, injunctive relief, declaratory actions, appointment of a receiver for the project, foreclosure of lien interests, debarment from other department funding, and other remedies available at law. (2) A material default has occurred, inter alia, if: (a) The recipient or project owner has not commenced any significant aspect of the project activities within six months after the award of project funding; (b) The recipient or project owner has not entered into any necessary third party agreement related to the project within ninety (90) days of the award of project funding; (c) The recipient or project owner has used HELP funds for activities not approved in these rules, solicitation or funding documents, or other HELP program requirements; (d) The recipient or project owner has not completed activities required by these rules, solicitation or funding documents, or other HELP program requirements in a timely manner; (e) The recipient or project owner has not complied with any and all affordability, habitability and monitoring compliance obligations required in these rules, solicitation or funding documents, or other HELP program requirements; or (f) The recipient or project owner lacks continued capacity to carry out any and all obligations under these rules, solicitation or funding documents, or other HELP program requirements. (3) The remedies set forth in this section are cumulative and not exclusive and are in addition to any other rights and remedies provided in this division, other department rules, the solicitation or funding documents, or otherwise available at law or otherwise. The department may exercise any or all remedies available to it, and in such manner as it, in its sole discretion, determines appropriate. (4) A recipient or project owner shall take all action necessary to enforce all terms of any agreement with a third party in furtherance of its obligations to the department where such third party materially fails to comply with the terms of such agreement and shall act to recover on behalf of the department any costs, expenses and damages that may arise as a result of the breach of the agreement. The recipient, by its execution of its funding documents with the department regardless of whether the agreement expressly so states, acknowledges and agrees that the department at its sole discretion may: (a) Enforce the terms of any agreement the recipient has with a third party regarding the program or project; or (b) Recover any sums that become due as the result of a breach of the agreement. Statutory/Other Authority: ORS 456.555 Statutes/Other Implemented: ORS 456.555 & 456.625 History: OHCS 21-2013, f. & cert. ef. 12-18-13 OHCS 15-2013(Temp), f. & cert. ef. 6-21-13 thru 12-18-13 OHCS 11-2007, f. & cert. ef. 1-11-07 OHCS 12-2006(Temp), f. & cert. ef. 8-4-06 thru 1-30-07 HSG 4-1994, f. & cert. ef. 8-1-94 HSG 6-1993(Temp), f. & cert. ef. 10-1-93