Section 34.20. Contract termination for cause.

 

(1)  The department may terminate a clean sweep grant contract, and withhold some or all contract payments, if the department finds that the grant recipient or the grant recipient's agent has done any of the following:

(a) Violated this chapter or the grant contract.

(b) Failed to perform the clean sweep project.

(c) Obtained the grant contract by fraud or illegal conduct.

(d) Administered the project in a grossly negligent, illegal, or corrupt manner.

(2)   Notice of termination. If the department terminates a grant contract or withholds contract payments under sub. (1) , the department shall give the grant recipient written notice specifying the reasons for the department's action. The ARM division administrator or designee may issue a notice under this subsection.

(3)   Request for reconsideration. A grant recipient adversely affected by a department action under sub. (1) may ask the department to reconsider that action. The grant recipient shall make the request in writing, within 30 days after the grant recipient receives the department's notice under sub. (2) . The request shall include all of the following:

(a) The grant recipient's objections to the department's action, including disputed facts and conclusions.

(b) The information that supports the grant recipient's objections.

(c) The legal basis for the grant recipient's objections.

(d) The requested remedy.

(4)   Informal conference.

(a) If the department receives a written request for reconsideration that complies with sub. (2) , the ARM division administrator shall schedule an informal conference with the grant recipient. The ARM division administrator or designee shall hold the informal conference within 10 business days after the department receives the request unless the grant recipient agrees to a later date.

(b) Following the informal conference under par. (a) , the ARM division administrator or designee shall affirm, reverse, or modify the department's action under sub. (1) . The ARM division administrator or designee shall issue the decision in writing within 30 working days after the informal conference, and shall give a copy to the grant recipient.

(5)   Contested case hearing. A grant recipient may request a contested case hearing, pursuant to ch. 227 , Stats. , and ch. ATCP 1 , on a decision under sub. (4) (b) . A hearing request shall include the information required under sub. (3) (a) to (d) .

CR 04-039 : cr. Register December 2004 No. 588 , eff. 1-1-05.