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 162.16 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.
NR 162.17NR 162.17Breach of contract.
NR 162.17(1)(1)Upon breach of contract by the recipient, the department may do any of the following:
NR 162.17(1)(a)(a) Declare the unpaid loan balance due and immediately payable.
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)(c)(c) Rescind any grant and convert the grant amount to a loan.
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(1)(e)(e) Seek an injunction or any other equitable or judicial relief from a court of appropriate jurisdiction.
NR 162.17(1)(f)(f) Seek any other appropriate administrative remedy.
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 162.17 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.
NR 162.18NR 162.18Noncompliance. 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 162.18 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.
NR 162.19NR 162.19Variances.
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.
NR 162.19(2)(2)Applicability. The department may only approve a variance from a non-statutory requirement of this chapter.
NR 162.19(3)(3)Request for variance. An applicant shall submit a request for a variance in writing to the department as soon as it is determined a variance is needed. Each request for a variance shall contain all of the following:
NR 162.19(3)(a)(a) The name of the applicant and CWFP project number.
NR 162.19(3)(b)(b) The section of this chapter from which the applicant seeks a variance and a statement explaining why the variance is necessary.
NR 162.19(3)(c)(c) An adequate description of the variance desired, and the facts that the recipient believes warrant the department’s approving the variance.
NR 162.19(3)(d)(d) A statement as to whether the recipient has previously requested the same or a similar variance, and if so, the circumstances of the previous request.
NR 162.19 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.
NR 162.20NR 162.20Administrative fees. An administrative fee, if one is imposed, shall be included in the biennial finance plan established under s. 281.59 (3), Stats., which is approved by the building commission under s. 13.48, Stats.
NR 162.20 HistoryHistory: CR 22-045: cr. Register October 2023 No. 814, eff. 11-1-23.