R850-120-500. Determination for Beneficiary Use

1. The director may approve the in-kind use when the criteria specified in R850-120-400 are satisfied.

2. Applicants desiring reconsideration of agency action relative to in-kind use determinations may petition for review pursuant to R850-9.

3. An in-kind use agreement may, in the discretion of the agency, contain stipulations including, but not limited to, the following:

(a) Provisions for periodic monitoring of the in-kind use to assure compliance with the purposes of the use agreement;

(b) Provisions allowing for the collection of compensation to the agency for frequent or extensive monitoring; and

(c) Provisions which will allow for cancellation or amendment of leases in order to comply with statutory changes.

4. Beneficiary institutions shall, at early stages of in-kind use proposal development, contact the agency regarding the feasibility of in-kind use. Beneficiary institutions may not use or otherwise occupy the property until a formal in-kind use agreement has been fully executed.