Section 9-406 - State's right of recovery.
§ 9-406. 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 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.
[An. Code 1957, art. 83C, § 4-106(a), (e); 2007, ch. 3, § 2.]