70:13:01:12.  BIG default. The commission may determine an LPA to be in default under the BIG conditions or requirements. The department will notify an LPA at least fifteen calendar days prior to the commission's consideration of default by the LPA, and the LPA will be afforded an opportunity to address the commission.The commission may consider any of the following to be a default under the conditions or requirements of a BIG:

 

          (1)  If the LPA knowingly makes any material false statement or report;

          (2)  Failure of the LPA to adhere to conditions of the BIG;

          (3)  Failure of the LPA to provide the department access to documents, reports, or other information required by this chapter;

          (4)  If funds are not used by the LPA for the project specified in the application; or

          (5)  Failure of the LPA to comply with the deadlines set under § 70:13:01:10.

 

          Source: 42 SDR 52, effective October 13, 2015; 43 SDR 57, effective October 17, 2016.

          General Authority: SDCL 32-11-39.

          Law Implemented: SDCL 32-11-38, 32-11-39.