Section 365.810  Access

a)         The Agency and its designated representatives shall have access, during normal business hours and at any other time during which work is being performed, to the premises where any portion of the work for which the WPCLP loan was provided is being performed.  After final loan closing, Agency personnel or any authorized Agency representative shall have access to the project records as defined in Section 365.820 (Audit and Records) of this Subpart and to the project site during normal business hours, to the full extent of the loan recipient's right to access.

b)         Every contract entered into by the loan recipient for construction work, and every subagreement, shall provide Agency representatives with access to the work.  The contractor or subcontractor shall provide facilities for such access and inspection.  The contract or subagreement shall also provide that the Agency or any authorized representative shall have access to any books, documents, papers, and records that are pertinent to the project for the purpose of making audit, examination, excerpts, and transcriptions.

c)         Failure by the loan recipient or any of its contractors or subcontractors to provide access, after 10 days written notice from the Agency, shall be cause for termination of the loan pursuant to Section 365.330 (Termination) of this Part, and refund to the State of Illinois for deposit into the WPCLP any unexpended loan funds.  In addition, any loan recipient, contractor or subcontractor found in noncompliance with this Section 365.810 shall repay any loan funds previously spent.

(Source:  Amended at 30 Ill. Reg. 15590, effective September 18, 2006)