Sec. 05.13.04.26. Program Administration

A. The Department shall manage, supervise, and administer the Program.

B. The Department shall market the Program to businesses and other persons in the State in cooperation with financial institutions and Statewide associations representing financial institutions.

C. The Department shall make every effort to ensure that loans under the Program are reasonably available to qualified borrowers throughout the State.

D. Reserve Accounts.

(1) If the reserve accounts are not maintained in an account with the lender, upon execution of a participation agreement the Department shall establish a reserve account at the Department for the lender for the purpose of receiving all required premium charges to be paid by the lender and the borrower and transfers made by the Department under this chapter.

(2) If the reserve accounts are maintained in an account with the lender, upon execution of a participation agreement the Department shall establish a reserve account with the lender in the name of the Department for the purpose of receiving all required premium charges to be paid by the lender and the borrower and transfers made by the Department under this chapter.

E. The Department shall develop the Program, in cooperation with financial institutions and Statewide associations representing financial institutions, so that the degree of flexibility for the Department and the participating lenders is maximized, the State oversight of individual loans is minimized, and the fiscal integrity of the Program is maintained.

F. The Department shall enter into any contracts necessary to carry out the Program.

G. The Department shall take any action reasonably necessary to ensure compliance with the Program.