NR 167.21 NR 167.21Amendments to financial assistance agreements.
NR 167.21(1)(1) The amount of financial assistance in the financial assistance agreement may only be increased by an amendment and may only be made upon department review and acceptance of any cost increases as eligible, reasonable and necessary for the accomplishment of project objectives.
NR 167.21(2) (2) Financial assistance agreement amendments which increase the amount of financial assistance shall be subject to the availability of funds and PV subsidy in accordance with s. 281.59, Stats.
NR 167.21(3) (3) The interest rate for loan funds advanced in accordance with an amended financial assistance agreement shall be the same as the interest rate of the original financial assistance agreement unless there is no PV subsidy available, in which case the interest rate shall be the market interest rate. The final loan maturity shall remain the same established in the financial assistance agreement.
NR 167.21(4) (4) A financial assistance agreement amendment shall be effective on the date it is executed by the department and DOA.
NR 167.21 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.22 NR 167.22Disputes. Except as otherwise provided by law, any dispute arising under this chapter, prior to the execution of a financial assistance agreement, shall be decided in writing by the department. The department shall serve a copy of the decision on the recipient personally or by mail. A decision of the department may be reviewed pursuant to ch. 227, Stats., and ch. NR 2.
NR 167.22 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.23 NR 167.23Records and record retention.
NR 167.23(1)(1)Requirements. The recipient shall maintain books, documents, papers and records and accounting procedures in accordance with generally accepted government accounting standards, the financial assistance agreement and ch. Adm 35 and shall retain them in accordance with s. 19.21, Stats. The recipient shall require contractors, including contractors for professional services, to maintain books documents, papers and records to the project which are necessary for the recipients' compliance with this chapter.
NR 167.23(2) (2)Inspection. The department or its agents may during normal business hours inspect and copy LRLP- related records of the recipient and its contractors, including contracts for professional services.
NR 167.23(3) (3)Record retention. The recipient and contractors of recipients shall preserve and make their records available to the department until expiration of 3 years from the date of project completion. If a financial assistance agreement is partially or completely terminated, the records relating to the work terminated shall be preserved and made available for a period of 3 years from the date of any resulting final termination settlement. Records which relate to appeals, disputes or litigation arising out of the performance of the project, shall be retained until any appeals, disputes or litigation have been finally resolved or for a period of 3 years from the date of project completion, whichever is later.
NR 167.23 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.24 NR 167.24Breach of contract.
NR 167.24(1) (1) Upon breach of contract by the recipient, the department and DOA may do any of the following:
NR 167.24(1)(a) (a) Declare the unpaid loan balance mature and immediately payable.
NR 167.24(1)(b) (b) Increase the interest rate on the unpaid balance of the loan to the market interest rate in effect on the date the financial assistance agreement was executed.
NR 167.24(1)(c) (c) Immediately terminate the agreement and disburse no additional loan funds, if the loan has not been fully disbursed.
NR 167.24(1)(d) (d) Seek an injunction or any other equitable or judicial relief from a court of appropriate jurisdiction.
NR 167.24(1)(e) (e) Seek any other appropriate administrative remedy.
NR 167.24(2) (2) DOA's receipt of any payment after the occurrence of a breach of contract does not constitute the department's waiver of any rights and remedies under this section.
NR 167.24 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.25 NR 167.25Noncompliance. Upon failure of the recipient to comply with ss. 281.59 and 281.60, Stats., or with provisions of this chapter, the department may do any of the following:
NR 167.25(1) (1) Refuse to enter into a financial assistance agreement.
NR 167.25(2) (2) Seek penalties as provided in s. 281.59 or 281.60, Stats.
NR 167.25(3) (3) Seek any other appropriate remedy, relief or penalty.
NR 167.25 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
NR 167.26 NR 167.26Variances.
NR 167.26(1) (1)General. The department may approve a variance from a requirement of this chapter when it determines that a variance is essential to effect necessary financial assistance actions or department objectives where special circumstances make a variance in the best interest of the state. Before granting a variance, the department shall take into account factors such as good cause, circumstances beyond the control of the recipient and financial hardship.
NR 167.26(2) (2)Applicability. A recipient may request a variance from any nonstatutory requirement of this chapter.
NR 167.26(3) (3)Request for variance. A request for a variance shall be submitted in writing to the department, as far in advance as the situation will permit. Each request for a variance shall contain the following:
NR 167.26(3)(a) (a) The section of this chapter from which a variance is sought, an adequate description of the variance desired, and the facts which the recipient believes warrant the department's approving the variance.
NR 167.26(3)(b) (b) A statement as to whether the same or a similar variance has been requested previously by the recipient, and if so, the circumstances of the previous request.
NR 167.26 History History: Cr., Register, May, 1999, No. 521, eff. 6-1-99.
Published under s. 35.93, Stats. Updated on the first day of each month. Entire code is always current. The Register date on each page is the date the chapter was last published.