§ 8-907. State's right of recovery

   (a) Grounds. -- The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the property for which funds have been paid:

   (1) is sold or transferred to a person that:

      (i) would not qualify as an applicant under this subtitle; or

      (ii) is not approved as a transferee by the Board of Public Works; or

   (2) ceases to be a residential child care program.

(b) Persons liable. -- The State may recover from the:

   (1) transferor;

   (2) transferee; or

   (3) owner of a property that has ceased to be a residential child care program.

(c) Amount of recovery. -- The State may recover the sum of:

   (1) an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

      (i) the numerator of which is the amount of the State funds for the project; and

      (ii) the denominator of which is the total eligible cost of the project; and

   (2) all costs and reasonable attorneys' fees incurred in the recovery proceedings.

(d) Waiver. -- The Board of Public Works may waive the State's right of recovery under this subtitle for good cause.

HISTORY: An. Code 1957, art. 41, § 18-706(a), (f)(2); 2007, ch. 3, § 2.