§ 9-406. State's right of recovery  


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

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

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

          (ii) the Board of Public Works does not approve as a transferee; or

       (2) ceases to be a juvenile facility.

    (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 juvenile facility.

    (c) Amount. -- The State is entitled to 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 for good cause.


HISTORY: An. Code 1957, art. 83C, § 4-106(a), (e); 2007, ch. 3, § 2.