Section 43.82.445. Administrative termination of a contract.

   (a) The commissioner shall include terms in a contract developed under AS 43.82.020 that provide for administrative termination of a party's rights under the procedures and conditions set out in this section if the party has
        (1) ceased to meet the requirements of AS 43.82.110 as a qualified sponsor or qualified sponsor group;
        (2) intentionally or fraudulently misrepresented, in whole or in part, material facts or circumstances upon which the contract was made;
        (3) failed to comply with a condition or material term of the contract or a provision of this chapter; or
        (4) failed to comply with the approved qualified project plan or any updated project plan.
   (b) Before administrative termination of a contract under this section, the commissioner shall give notice to the parties of the commissioner's intent to terminate the contract and an opportunity to be heard. The commissioner may also provide the parties an opportunity to cure any deficiency that is the basis for the termination if the commissioner determines that curing the deficiency is appropriate under the circumstances.
   (c) Notwithstanding (a) and (b) of this section, the commissioner may not administratively terminate a contract after the party has committed full project funding except as provided in (e) of this section.
   (d) A party to a contract who is affected by the commissioner's action to terminate under (a) of this section may file an appeal with the superior court under the Alaska Rules of Appellate Procedure.
   (e) The commissioner may provide terms and conditions in a contract developed under AS 43.82.020 upon which a party's rights under the contract may be administratively terminated after the party commits full project funding.

Authorities

43.82.200

Notes

References

AS 43.82.200 Contract development.

History

(Sec. 3 ch 104 SLA 1998)