South Dakota Administrative Rules
Title 31 - Governor's Office of Economic Development
Article 31:02 - Ethanol infrastructure incentive program
Chapter 31:02:01 - Ethanol Infrastructure Incentive Program
Section 31:02:01:09 - Remedies

Universal Citation: SD Admin Rules 31:02:01:09

Current through Register Vol. 51, page 43, September 23, 2024

If there is a default pursuant to the provisions of § 31:02:01:08, the grantee shall repay the grant to GOED within thirty days of a written demand from GOED. GOED may retain counsel and commence a civil action to recover any grant funds that a grantee is required to repay. GOED may forgive a default under this chapter if any of the following conditions are met:

(1) There are fuel shortages that make compliance impractical;

(2) There are changes in fuel market conditions that make compliance impractical;

(3) There are changes in state or federal regulations that make compliance impractical.

For any grant involving the installation of ethanol blender pumps and a default pursuant to the provisions of subdivision 31:02:01:08(4), the amount sought to be repaid may be prorated based upon the number of months less than twenty-four that ethanol blends were sold.

General Authority: SDCL 10-47B-164.1, 10-47B-164.2.

Law Implemented: SDCL 10-47B-164.1.

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