31:02:01:09.  Remedies. If there is a default pursuant to the provisions of § 31:02:01:08, the grantee shall repay the grant to GOED within thirty days of a written demand from GOED. GOED may retain counsel and commence a civil action to recover any grant funds that a grantee is required to repay. GOED may forgive a default under this chapter if any of the following conditions are met:

          (1)  There are fuel shortages that make compliance impractical;

          (2)  There are changes in fuel market conditions that make compliance impractical;

          (3)  There are changes in state or federal regulations that make compliance impractical.

          For any grant involving the installation of ethanol blender pumps and a default pursuant to the provisions of subdivision 31:02:01:08(4), the amount sought to be repaid may be prorated based upon the number of months less than twenty-four that ethanol blends were sold.

          Source: 38 SDR 115, effective January 9, 2012.

          General Authority: SDCL 10-47B-164.1, 10-47B-164.2.

          Law Implemented: SDCL 10-47B-164.1.