256.59—Forfeiture of bonds and/or other securities.
This section explains how a bond or other security may be forfeited.
(a)
The Regional Director will call for forfeiture of all or part of the bond, other form of security, or guarantee you provide under this part if:
(1)
You (the party who provided the bond) refuse, or the Regional Director determines that you are unable, to comply with any term or condition of your lease; or
(2)
You default under one of the conditions under which the Regional Director accepts your bond, third-party guarantee, and/or other form of security.
(b)
The Regional Director may pursue forfeiture of your bond without first making demands for performance against any lessee, operating rights owner, or other person authorized to perform lease obligations.
(1)
Notify you, the surety on your bond or other form of security, and any third-party guarantor, of his/her determination to call for forfeiture of the bond, security, or guarantee under this section.
(i)
This notice will be in writing and will provide the reasons for the forfeiture and the amount to be forfeited.
(ii)
The Regional Director must base the amount he/she determines is forfeited upon his/her estimate of the total cost of corrective action to bring your lease into compliance.
(2)
Advise you, your third-party guarantor, and any surety, that you, your guarantor, and any surety may avoid forfeiture if, within 5 working days:
(i)
You agree to, and demonstrate that you will, bring your lease into compliance within the timeframe that the Regional Director prescribes;
(ii)
Your third-party guarantor agrees to, and demonstrates that it will, complete the corrective action to bring your lease into compliance within the timeframe that the Regional Director prescribes; or
(iii)
Your surety agrees to, and demonstrates that it will, bring your lease into compliance within the timeframe that the Regional Director prescribes, even if the cost of compliance exceeds the face amount of the bond or other surety instrument.
(d)
If the Regional Director finds you are in default, he/she may cause the forfeiture of any bonds and other security deposited as your guarantee of compliance with the terms and conditions of your lease and the regulations in this chapter.
(e)
If the Regional Director determines that your bond and/or other security is forfeited, the Regional Director will:
(f)
If the amount the Regional Director collects under your bond and other security is insufficient to pay the full cost of corrective actions he/she may:
(1)
Take or direct action to obtain full compliance with your lease and the regulations in this chapter; and
(2)
Recover from you, any co-lessee, operating rights owner, and/or any third-party guarantor responsible under this subpart all costs in excess of the amount he/she collects under your forfeited bond and other security.
(g)
The amount that the Regional Director collects under your forfeited bond and other security may exceed the costs of taking the corrective actions required to obtain full compliance with the terms and conditions of your lease and the regulations in this chapter. In this case, the Regional Director will return the excess funds to the party from whom they were collected.