(a) For acquired or constructed facilities, the United States Government is entitled to recapture a portion of federal funds from the owner of a facility if within ten (10) years after acquisition or twenty (20) years after completion of construction:

1. (1) The owner of the facility is no longer a public or nonprofit private agency or organization; or
2. (2) The facility is no longer used for multipurpose senior center activities.

(d)

1. (1) The area agency on aging may under certain circumstances request a waiver of the repayment of funds.
2. (2) This written request should include a historical background of the senior center and a description of the nature of the circumstances that led to the waiver request.

3. (3) Information provided should include:

   1. (A) The total Older Americans Act, 42 U.S.C. § 3001 et seq., funds awarded;
   2. (B) An estimate of the total federal share of the center's value when it ceased to be used for program purposes; and
   3. (C) The date at which circumstances made a waiver advisable.
4. (4) The area agency on aging must also provide assurances that the repayment amount being waived will be used for services or programs to benefit older persons.
5. (5) If approved by the Director of the Division of Aging, Adult, and Behavioral Health Services of the Department of Human Services, the request will be forwarded to the Administration on Aging for a final decision.
6. (6) If the area agency on aging receives a written denial, then procedures that are ordinarily used in an audit disallowance will be used to return recaptured funds.