If at the time a grantee is awarded grant funds the office's
determination of whether a particular broadband block forming the basis of the
grantee's application, in whole or in part, is a targeted service area
currently subject to challenge pursuant to the appeal and contested case
procedures set forth in 129-Chapter 20, or the office's administration of the
award process is subject to challenge pursuant to subrule 22.5(4), including
any subsequent judicial review or appeal therefrom as outlined in Iowa Code
sections 17A.19 and 17A.20, the office may proceed to enter into a grant
agreement with the grantee pursuant to subrule 22.6(1). Notwithstanding the
foregoing or any contract executed between the parties to the contrary, the
aspect(s) of the office's award(s) that is subject to such challenge at the
time of such execution shall be valid and enforceable only to the extent the
office's original determination or award process, as applicable, is ultimately
upheld at the end of the entire appeals and contested case process once final,
including judicial review and any subsequent appeal. If a broadband block is
ultimately determined to not constitute a targeted service area, or a portion
of an award is later deemed invalid, in whole or in part: the grantee shall not
be entitled to any grant funds or reimbursement to the extent of any such
noneligibility or invalidity; the office may require the grantee to amend the
grant agreement to reflect such result; and the grantee will be required to
reimburse the office for any corresponding funds previously distributed by the
office.
Notes
Iowa Admin. Code r. 129-22.8
Adopted by
IAB
August 14, 2019/Volume XLII, Number 4, effective
9/18/2019
Amended by
IAB
September 9, 2020/Volume XLIII, Number 6, effective
10/14/2020
