Alaska Administrative Code › Title 4 - Education and Early Development › Chapter 31 - School Facility Planning and Construction › Article 1 - Planning and Construction › 4 AAC 31.075 - Withdrawal of project approval

Current through May 31, 2024
(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 than 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(e) If the approval of a project is withdrawn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.
Authority:
AS
					 14.07.020
AS 14.07.060
AS 14.11.100
AS
					 14.11.132