Section 549.18. Enforcement.

 

(1)   Sanctions. The department may impose the following sanctions for noncompliance of any provisions of this chapter:

(a) The grant may be terminated pursuant to s. NR 549.17 .

(b) Program costs directly related to the noncompliance may be declared ineligible.

(c) Repayment of some or all of the grant amount related to the noncompliance may be required.

(d) Other administrative and judicial remedies may be sought as legally available and appropriate.

(2)   Withholding or refund of grants.

(a) If any responsible unit uses any scheme or device to unjustly benefit from the grant program under this chapter, the department shall withhold grants awarded under this chapter or require a refund of part or all of any payments otherwise due or paid to the responsible unit. A scheme or device to unjustly benefit from this program includes, but is not limited to, coercion, fraud or misrepresentation, false claims or any business or other dissolution, reorganization, revival or other legal mechanism designed for or having the effect of evading the requirements of this chapter.

(b) If any responsible unit takes action resulting in, or fails to take action to prevent, the destruction or impairment of a prescribed condition or term of the grant award, the department shall withhold a grant provided under this chapter or require a refund of part or all of any payments otherwise due or paid.

(c) Any responsible unit that has spent funds received under this chapter on ineligible costs described under s. NR 549.07 (2) is ineligible for:

1. Recycling efficiency incentive grant assistance the following year if the funds were intentionally diverted to other purposes by the responsible unit.

2. A portion of the recycling efficiency incentive grant assistance for the following year if the responsible unit does not repay to the department the inappropriately spent funds and the amount exceeds any outstanding grant payments owed the responsible unit.

(3)   Other penalties.

(a) Nothing requiring the withholding or repayment of a grant provided under this chapter shall preclude any other penalty or liability available by law.

(b) Any person who violates this chapter by a material misrepresentation in an application is subject to the penalties specified in s. 287.97 , Stats.

History: CR 02-060 : cr. Register March 2003 No. 567 , eff. 4-1-03.