Section 9-406 - State's right of recovery. - Maryland Statutes

State Codes and Statutes

Statutes > Maryland > Human-services > Title-9 > Subtitle-4 > 9-406

§ 9-406. State's right of recovery.

(a) Grounds.- The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:

(1) is sold or transferred to a person that:

(i) would not qualify as an applicant under this subtitle; or

(ii) the Board of Public Works does not approve as a transferee; or

(2) ceases to be a juvenile facility.

(b) Persons liable.- The State may recover from the:

(1) transferor;

(2) transferee; or

(3) owner of a property that has ceased to be a juvenile facility.

(c) Amount.- The State is entitled to recover the sum of:

(1) an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

(i) the numerator of which is the amount of the State funds for the project; and

(ii) the denominator of which is the total eligible cost of the project; and

(2) all costs and reasonable attorneys' fees incurred in the recovery proceedings.

(d) Waiver.- The Board of Public Works may waive the State's right of recovery for good cause.

[An. Code 1957, art. 83C, § 4-106(a), (e); 2007, ch. 3, § 2.]

State Codes and Statutes

Statutes > Maryland > Human-services > Title-9 > Subtitle-4 > 9-406

§ 9-406. State's right of recovery.

(a) Grounds.- The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:

(1) is sold or transferred to a person that:

(i) would not qualify as an applicant under this subtitle; or

(ii) the Board of Public Works does not approve as a transferee; or

(2) ceases to be a juvenile facility.

(b) Persons liable.- The State may recover from the:

(1) transferor;

(2) transferee; or

(3) owner of a property that has ceased to be a juvenile facility.

(c) Amount.- The State is entitled to recover the sum of:

(1) an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

(i) the numerator of which is the amount of the State funds for the project; and

(ii) the denominator of which is the total eligible cost of the project; and

(2) all costs and reasonable attorneys' fees incurred in the recovery proceedings.

(d) Waiver.- The Board of Public Works may waive the State's right of recovery for good cause.

[An. Code 1957, art. 83C, § 4-106(a), (e); 2007, ch. 3, § 2.]

State Codes and Statutes

Back To Homepage

State Codes and Statutes

Statutes > Maryland > Human-services > Title-9 > Subtitle-4 > 9-406

§ 9-406. State's right of recovery.

(a) Grounds.- The State may recover grant funds paid under this subtitle if, within 30 years after completion of a project, the project property:

(1) is sold or transferred to a person that:

(i) would not qualify as an applicant under this subtitle; or

(ii) the Board of Public Works does not approve as a transferee; or

(2) ceases to be a juvenile facility.

(b) Persons liable.- The State may recover from the:

(1) transferor;

(2) transferee; or

(3) owner of a property that has ceased to be a juvenile facility.

(c) Amount.- The State is entitled to recover the sum of:

(1) an amount that equals the value of the project property at the time of the recovery multiplied by a fraction:

(i) the numerator of which is the amount of the State funds for the project; and

(ii) the denominator of which is the total eligible cost of the project; and

(2) all costs and reasonable attorneys' fees incurred in the recovery proceedings.

(d) Waiver.- The Board of Public Works may waive the State's right of recovery for good cause.

[An. Code 1957, art. 83C, § 4-106(a), (e); 2007, ch. 3, § 2.]