261 Neb. Admin. Code, ch. 3, § 008
The Applicant will promptly report all increases in the cost of a project and any proposed additions, deletions, or modifications or any change in the purpose or purposes of the project by submitting to the Commission and to the Director an amendment to the formal application and feasibility report, if any.
Any proposed change in the scope, purpose, or plan of development for the project will be reviewed by the Director for his or her recommendation to the Commission regarding whether the project still meets the criteria for funding eligibility contained in the Fund or the Commission's rules. Except in the case of a project for which the Department is the applicant, the Director has the discretion to approve or refer to the Commission minor changes. Additionally for those changes which the Director determines to be more than minor and changes to a project for which the Department is the Applicant, will be referred to the Commission for consideration. The Director is requested to notify the Commission of any minor changes approved by the Director.
The Commission will review all such referrals and information which have been submitted and may, if appropriate and consistent with the purposes for Funding established in the Commission rules, approve the change in scope, purpose or plan of development.
If the Commission finds that the change results in the project being inconsistent with the Commission rules for the Fund, or the change would reduce the benefits from the project, the Commission may notify the Applicant that the project as a result of the change no longer qualifies for funding and the contract between the Applicant and the Department will be terminated. The Applicant may submit an application for the revised project during a subsequent application period.
Increases in cost of approved projects are the responsibility of the Applicant. The Applicant may choose to withdraw its approved project and the contract between the applicant and the Department may be terminated. For any approved project that the Applicant withdraws, abandons or otherwise does not complete, the Commission may require total or partial repayment of any funds expended by the Commission. The applicant may submit a new application to the Commission during a subsequent application period.
261 Neb. Admin. Code, ch. 3, § 008