Wis. Admin. Code Department of Transportation § Trans 512.06 - Agreements
Current through November 29, 2021
(1) Successful applicants shall be required
to enter into a negotiated agreement with the department. The agreement shall
be signed by the secretary or his or her designee and an authorized
representative of the eligible applicant. Loan repayments shall commence no
later than 5 years after completion of the project. The duration of the loan
may not exceed 30 years. The department shall charge interest at market rates,
as determined by the department, to make the project that is the subject of the
loan feasible, except when the applicant satisfies the secretary that interest
would represent an undue hardship for the applicant.
(2) For agreements entered into by recipients
of a loan of at least $100,000, a verified statement shall be submitted to the
department that shall include the following:
(a) A reporting of the number of jobs
associated with the grant or loan and other performance measures as required by
the department. The department may determine the format, content and frequency
of the verified statement, and may require that the verified statement include
wage reports or similar documents filed with the department of workforce
development.
(b) Signature by both
an independent certified public accountant licensed or certified under ch. 442,
Stats., and the director or principal officer of the recipient to attest to the
accuracy of the verified statement. The recipient shall make available for
inspection the documents supporting the verified statement.
(3) If the applicant submits false
or misleading information to the department, or fails to comply with the terms
of the contract entered into with the department and fails to provide to the
satisfaction of the department an explanation for the noncompliance, then the
department may do any of the following:
(a)
Recoup payments made to the recipient.
(b) Withhold payments to be made to the
recipient.
(c) Impose a forfeiture
on the recipient pursuant to the following:
1.
The department shall use its discretion in determining the amount of the
forfeiture, with consideration given to the integrity and responsibility of the
recipient and the effect that the recipient's actions had on the public. Under
no circumstances shall the forfeiture exceed 50% of the grant or loan. General
transportation aids or other monies payable to the applicant may be withheld in
the amount of the forfeiture.
2.
The recipient may submit information and arguments in opposition to a proposed
forfeiture and request an informal meeting with the department. If the
department determines that the recipient's opposition raises a genuine dispute
over facts relevant to the proposed forfeiture, it will designate a hearing
examiner and conduct a fact-finding hearing where the recipient may appear with
counsel, present witnesses, and confront and cross-examine any person the
department presents. The department's decision to impose a forfeiture shall be
made based upon the information in the administrative record or, if a
fact-finding hearing was conducted, the written findings of fact prepared by
the department's designated hearing examiner.
Notes
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