(a) As authorized by the Board of Developmental Disabilities Services, the Director of the Division of Developmental Disabilities Services assigns responsibility for making recommendations for use of lands, facilities, and/or equipment as follows:

1. (1) Any request received by the Division of Developmental Disabilities Services from an outside organization, including another state agency, to use lands, facilities, and/or equipment held by the board will be immediately referred to the onsite administrator of the land, facility, or equipment;

2. (2) The onsite administrator, such as the superintendent, will determine the impact granting the use request would have on the land/facility/equipment, and cover at least the following:

   1. (A) Consistency of the request with division goals and objectives;
   2. (B) Potential interference of the request with existing or planned activities or uses by the particular program and its operations; and
   3. (C) Assistance required of onsite personnel by the request;

3. (3)

   1. (A) The onsite administrator will make the decision as to whether or not the requested use covering subdivisions (a)(2)(A) – (C) of this section is in conflict with the management of the particular program.
   2. (B) If not, the onsite administrator may proceed as specified in subdivisions (a)(4) and (5) of this section;

4. (4)

   1. (A) Lands/facilities/equipment use agreements will be prepared by the onsite administrator as properly executed contracts.
   2. (B) The contract will specify:

(i) The division will not be liable for any injuries or damages incurred by the requesting organization or participants during the course of the contract;

1. (ii) The requesting organization indemnifies the division in a written contract against any possible damage or loss;

   1. (iii) Additional benefits or services to be provided on the part of either or both parties set forth as a separate item; and

      1. (iv) If any equipment is to be used outside the division, a transfer/loan request will also be completed; and
2. (5) Signed copies of the contract will be provided to all parties.