Sec. 05.04.13.19. Program Administration

A. Except for a waiver under §E of this regulation, any action or decision required or permitted to be taken or made by the Department under these regulations may be taken or made by the Director, Division of Development Finance, or the Director's designee.

B. The Department may terminate an approval of funds or refuse to make disbursements under a loan or grant agreement if the Department finds that the sponsor is not complying with any of the requirements of the Program or the financing documents.

C. The Department may establish from time to time operational handbooks or manuals governing matters relating to the Program including descriptive statements of Program procedures available to the public.

D. Because a federal grant is the source of funding for the Program, federal laws and regulations such as Title X, NOFA, and HUD guidelines constitute Program requirements and take precedence over these regulations in the event of a conflict.

E. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver or variance is not inconsistent with the requirements of HUD, if in the written determination of the Secretary:

(1) Application of the regulation would violate HUD requirements for administering the federal grant;

(2) The application of the regulations in a specific case or in an emergency situation would be inequitable or contrary to the purpose of the Program or the HUD grant to the Department; or

(3) Conformance with the requirements of any federal, State, or local programs in connection with the Program necessitates waiver or variance of a regulation.

F. The Secretary may delegate to the Director, the Program Director, or to any other official or employee of the Department the authority to execute or approve Program documents, including commitments and agreements with local administrators. In addition, through the agreement with the local administrator, specific staff members of the local administrator may be authorized by the Department to execute loan and grant documents on behalf of the Department.