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Title 4 . Education and Early Development
Chapter 31 . (Repealed)
Section 75. Withdrawal of project approval

4 AAC 31.075. Withdrawal of project approval

(a) The approval granted under 4 AAC 31.060 that authorizes a project for debt retirement under AS 14.11.100 expires five years after the approval is given unless a local bond election that meets the requirements of AS 14.11.100 (j) occurs during that period and authorizes the sale of bonds to finance the project.

(b) If, after the department approves the project for debt retirement and local voters approve the project in a bond election required by AS 14.11.100 (j), no activity, as evidenced by annual project summaries that meet the requirements of 4 AAC 31.060(d) , occurs during a fiscal year, the department will withdraw its approval of the project.

(c) If, during the life of the project, the voters of a municipality by referendum choose to cancel a project that had previously been approved by the department, and by the local electorate in an election meeting the requirements of AS 14.11.100 (j), the department will withdraw its approval of the project, effective on the date of the referendum.

(d) The withdrawal of approval of a project under (a) or (b) of this section is effective only if the department first gives notice and allows the municipality not less than 30 days to give adequate assurances that the appropriate action will be taken to move the project toward completion. The department will determine whether the assurances are adequate and will, in its discretion, extend its approval in writing for a period of not less that 180 days to enable the school district to make progress on the project under the conditions the department considers appropriate. If the department determines that adequate assurances have not been given, it will withdraw its approval of the project. Nothing in this section requires or prescribes the withdrawal of project approval for a school facility constructed by phased stages. A school district dissatisfied with a determination made under this subsection may appeal the decision under 4 AAC 40.010 - 4 AAC 40.050.

(e) If the approval of a project is withdrawn under (b) or (c) of this section, and bonds eligible for debt retirement have been sold and debt retirement payments have been made, the department will direct the school district to prepare a project audit that meets the requirements of 4 AAC 31.062(f) . The department will determine the amount of any additional money to which the school district is entitled or the amount of money that the state is entitled to recover from the municipality. A school district dissatisfied with the determination may appeal the determination under 4 AAC 40.010 - 4 AAC 40.050.

(f) When all eligible debt-retirement funds authorized under AS 14.11.100 have been allocated, all previous project approvals are automatically withdrawn. If additional funds become available, a school district shall reapply and its projects will be re-evaluated.

History: Eff. 5/30/90, Register 114; am 4/17/98, Register 146

Authority: AS 14.07.020

AS 14.07.060

AS 14.11.100

AS 14.11.132


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Last modified 7/05/2006