N.Y. Comp. Codes R. & Regs. Tit. 21 § 2602.13 - Remedies
(a) If a recipient
has received CWSRF assistance for work which is not an allowable cost of a
project, the recipient may be required to reimburse the CWSRF for the amount of
misapplied CWSRF assistance received (reimbursed amounts may be applied to
allowable project costs or to bond redemption) and until the full amount of
such misapplied CWSRF assistance has been reimbursed, the corporation may apply
any interest rate subsidy to such reimbursement or recoup any other benefit
provided to the recipient, or reduce any future interest rate subsidy or such
other benefit, or reduce any future interest rate subsidy or such other benefit
for future CWSRF assistance for purposes of reimbursing the CWSRF in addition
to any other remedy permitted pursuant to this section, the PFA, or by
law.
(b) If the department or the
corporation determines that the project or the recipient is not in compliance
with Federal or State laws or the terms of the applicable PFA, and following
written notice to the recipient, the project or recipient is not brought into
compliance, the corporation may:
(1) withdraw
the interest rate subsidy, recoup any other benefit provided to the recipient,
or reduce any future interest rate subsidy or such other benefit, or reduce any
future interest rate subsidy or such other benefit for future CWSRF
assistance;
(2) refuse to approve
CWSRF disbursement requests; and
(3) refuse execution of subsequent PFAs until
the project or recipient is brought into compliance.
(c) Nothing in this section shall be
construed to limit the rights of the department or the corporation to take
action including, but not limited to, administrative enforcement actions and
actions for breach of contract against a recipient that fails to carry out its
obligations under this Part, the PFA, or any other applicable State or Federal
law, rule or regulation.
Notes
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