Title 31, Chapter 7, Section 57
( 31-7-57)
(a) For each construction project, there shall be submitted to the
state agency an application for state funds. (b) Upon approving an application under this Code section, the state
agency shall submit a budget request to the Office of Planning and
Budget, based upon such application. Approval by the Office of
Planning and Budget shall constitute an obligation of the state. (c) Payments to the sponsor of a construction project shall be made
in installments as construction progresses at intervals to be
determined at the discretion of the state agency; and the state
agency shall have the right to inspect and audit records and
accounts of the sponsor as a condition precedent to making payments. (d) If any publicly owned and publicly operated medical facility,
auxiliary medical facility, mental retardation center, or mental
health center for which funds have been paid under this Code section
shall be leased to any corporation, person, organization, or body
other than one eligible to receive a grant under this article or
shall be sold or used for any purpose contrary to the provision
under which the grant was made, at any time within 20 years after
completion of construction, and such change in lease, sale, or use
is not approved by the state agency, such agency may bring an
equitable proceeding for writ of injunction against any person,
firm, corporation, or organization operating in violation of this
article. The proceedings shall be filed in the county in which such
persons reside or, in the case of a firm or corporation, where such
firm or corporation maintains its principal office; and, unless it
is shown that such person, firm, or corporation which has leased
such medical facility, auxiliary medical facility, mental
retardation center, or mental health center would have been eligible
to accept the grant-in-aid from the state in the first instance and
the lease has been approved by the state agency or the sale or use
has been approved by such agency, the writ of injunction shall issue
and such person, firm, or corporation shall be perpetually enjoined
throughout the state from operating in violation of the provisions
set out above. It shall not be necessary in order to obtain the
equitable relief provided in this subsection that the state agency
show that such person, firm, or corporation is ineligible nor to
prove that there is no adequate remedy at law. In addition, the
state agency shall be entitled to bring an action and recover from
the transferor and transferee of any facility specified above such
percentage of the value of the facility as the state grant bore
toward the total construction cost of that facility as determined by
agreement of the parties or by action brought in court. |