1. 1. The director may approve the in-kind use when the criteria specified in R850-120-400 are satisfied.
2. 2. Applicants desiring reconsideration of agency action relative to in-kind use determinations may petition for review pursuant to R850-9.

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

   1. (a) Provisions for periodic monitoring of the in-kind use to assure compliance with the purposes of the use agreement;
   2. (b) Provisions allowing for the collection of compensation to the agency for frequent or extensive monitoring; and
   3. (c) Provisions which will allow for cancellation or amendment of leases in order to comply with statutory changes.
4. 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.

KEY: beneficiaries, land use, administrative procedures

Date of Last Change: March 4, 2003

Notice of Continuation: January 6, 2022

Authorizing, and Implemented or Interpreted Law: 53C-1-302(1)(a)(ii); 53C-2-201(1)(a); 53C-4-101(1)