Section NR 169.27 - Administration of reimbursement awards(1) RECORDS, RETENTION AND AUDITING. An owner or operator who receives reimbursement shall retain all records pertaining to the project for a period of 3 years after the date of final payment and, upon request, shall make the records available to the department. Records requests by the department shall allow at least 48 hours for the records to be made available by the owner or operator who receives reimbursement.(2) DISPUTES. (a)Decision of the department. Except as otherwise provided by law, the department shall decide any dispute regarding or arising under a reimbursement award, including disputes regarding decisions under s. NR 169.21(1) (d) to (5). The department shall notify the reimbursement recipient of its decision in writing by personal service or by certified mail with return receipt requested.(b)Review of the decision. A decision of the department made pursuant to this subsection shall be final unless within 30 days from the date of the decision, the recipient serves the secretary by personal service or certified mail with return receipt requested with a written petition requesting an administrative hearing and specifically stating the disputed facts or law which warrant a modification or reversal of the decision. Petitions are deemed filed upon receipt by the department. Any review of a department decision filed pursuant to this paragraph shall be treated as a contested case and adjudicated in accordance with ch. 227, Stats., and ch. NR 2.(3) REIMBURSEMENT TERMINATION. (a) The department and an owner or operator who receives reimbursement may enter into an agreement to terminate the reimbursement award at any time under this subsection. The termination agreement shall establish the effective date of termination of the reimbursement, the basis for settlement of award termination costs, and the amount and date of payment of any sums due any party.(b) The department may terminate a reimbursement award in whole or in part, and require the owner or operator who received reimbursement to repay all or part of the reimbursement amount, if the department determines any of the following apply: 1. There has been no substantial performance on the project by the owner or operator who received reimbursement.2. There is substantial evidence that reimbursement was obtained on the basis of inaccurate or erroneous information or by fraud.3. The owner or operator who received reimbursement has failed to comply with the provisions of this chapter.(4) ENFORCEMENT. The department may impose any of the following sanctions upon an owner or operator who receives an award but fails to comply with the provisions of this chapter: (a) The department may terminate the reimbursement award in accordance with sub. (3).(b) The department may declare project costs directly related to the noncompliance ineligible for reimbursement funding.(c) The department may seek recovery of awards it paid under this chapter.Wis. Admin. Code Department of Natural Resources NR 169.27
CR 04-128: cr. Register July 2005 No. 595, eff. 8-1-05.