Section 885.305  Project Termination by Grantee

a)         The grantee may request the termination of an incomplete project for which a grant has been awarded only for good cause.

b)         The Agency shall review the grantee's request to terminate a project and make a finding, no more than 90 days after the date of receipt of the request to terminate, as to good cause. Good cause shall include, but not be limited to:

1)         A change in grant program requirements or priorities;

2)         Lack of adequate public or private funding for the completion of the project; or

3)         Advancements in technology.

c)         If the Agency finds that the grantee's request to terminate the project is for good cause, it shall terminate the grant, effective upon the date the request to terminate the project was received by the Agency. The grantee may keep all grant funds previously paid.

d)         If the Agency finds that the grantee's request to terminate the project is without good cause, the grant shall be revoked and the grantee shall return to the State all grant funds previously paid. The grantee shall return such funds no more than 30 days after the date the grant is revoked by sending a certified check to the Brownfields Redevelopment Fund.

e)         A grantee cannot obtain approval of a request to terminate a project for good cause by default due to the Agency's failure to act within the time frames set forth in this Section.

(Source:  Amended at 31 Ill. Reg. 5774, effective March 30, 2007)