Upon the borrower's written petition and a showing of good cause, the board may forgive all or part of a VASF loan upon terms and conditions established by the board. When determining whether to forgive all or any part of a VASF loan, the board shall consider the following:

1. (1) Whether the study deemed the project to be feasible;
2. (2) Whether the borrower has proceeded or intends to proceed with the project;
3. (3) Whether the borrower has acted in conformity with the terms of the loan agreement and applicable law, including this chapter; and

4. (4) Whether the borrower has acted in good faith in connection with the application, the project, the loan, and the decision not to proceed with the project.

   A petition for loan forgiveness shall be accompanied by the original and all copies of the study and related documents, including any related business plan. If the loan is forgiven in whole or in part, all right, title, and interest in the study, including the exclusive right to use the study and any business plan associated with the study, becomes the property of the board.

Source: 34 SDR 68, effective September 13, 2007.

General Authority: SDCL 1-16G-5 , 1-16G-8(10 )( 11).

Law Implemented: SDCL 1-16G-5 , 1-16G-8(10 )( 11), 1-16G-25 to 1-16G-27, inclusive.