NR 162.16(1)(1) Requirements. The recipient shall maintain CWFP project-related books, documents, papers, records, and accounting procedures in accordance with generally accepted accounting principles, governmental accounting standards board requirements, or another method of accounting accepted by the department or required by the federal government and authorized under the financial assistance agreement and ch. Adm 35, and retain them in accordance with subch. II of ch. 19, Stats. The recipient shall require contractors, including contractors for professional services, to maintain CWFP project-related books, documents, papers, and records that are necessary for the recipient’s compliance with this section.

NR 162.16(2)(2) Inspection. The department or its agents may, during normal business hours, inspect and copy the recipient’s CWFP project-related records and the project-related records of its contractors.

NR 162.16(3)(3) Records retention.

NR 162.16(3)(a)(a) The recipient and its contractors shall retain and make all files, books, documents, and records relating to the construction of the scored project available to the department for a minimum of either 3 years from the date the department notifies the recipient that the project closeout is complete or 3 years from final completion of construction, whichever is later.

NR 162.16(3)(b)(b) If a financial assistance agreement is partially or completely terminated, the records relating to the work terminated shall be kept and made available for a period of 3 years from the date of any resulting final termination settlement.

NR 162.16(3)(c)(c) Records that 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 the department notifies the recipient under s. NR 162.13 (4) (b) 8. that the project closeout is complete, whichever is later.

NR 162.16(3)(d)(d) All other files and records relating to the scored project shall be retained so long as the financial assistance agreement for the project remains in effect. As-built plans for the project shall be retained for at least the useful life of the project.

NR 162.16(4)(4) Federal single audit. Recipients of financial assistance provided directly from the federal capitalization grant shall comply with federal single audit requirements established in 31 USC 7501 to 7506, 2 CFR part 200 subpart F, and ch. Adm 35.

NR 162.17(1)(1) Upon breach of contract by the recipient, the department may do any of the following:

NR 162.17(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 162.17(1)(d)(d) Immediately terminate the financial assistance agreement and disburse no additional funds if the financial assistance has not been fully disbursed.

NR 162.17(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 162.17 NoteNote: DOA may under s. 281.59 (11) (b), Stats., seek recovery of some or all financial assistance payments by deducting those amounts from any state payments due to a municipality, or by adding a special charge to the amount of taxes apportioned to and levied upon the county under s. 70.60, Stats.

NR 162.18NR 162.18 Noncompliance. Upon failure of the recipient to comply with s. 281.58 or 281.59, Stats., or with provisions of this chapter, the department may do any of the following:

NR 162.18(1)(1) Refuse to enter into a financial assistance agreement.

NR 162.18(2)(2) Seek penalties as provided in s. 281.59 or 281.98, Stats.

NR 162.18(3)(3) Seek any other appropriate remedy, relief, or penalty.

NR 162.19(1)(1) General. The department may, on its own initiative or pursuant to a written request from an applicant, approve a variance from a requirement of this chapter when it determines that special circumstances make a variance in the best interest of the state. Any variance approved shall be consistent with the objectives of ss. 281.58 and 281.59, Stats.