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(Utah Adminstrative Code as in effect on January 1, 2000)

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[Utah Administrative Code Table of Contents]
[Title R065. Table of Contents]

(R65. Agriculture and Food, Marketing and Conservation. )

R65-10. Agriculture Resource Development Loans (ARDL).

R65-10-1 Authority and Purpose.
R65-10-2 Definitions.
R65-10-3 Administration of Agriculture Resource Development Fund.

R65-10-1 Authority and Purpose.

Pursuant to Section 4-18-5 , this rule establishes general operating practices by which the Agriculture Resource Development Loan (ARDL) program shall function.

R65-10-2 Definitions.

(1) "Commission: means the Soil Conservation Commission created by Section 4-18-4 , which directs and implements the Agriculture Resource Development Loan program throughout the State of Utah, chaired by the Commissioner of the Utah Department of Agriculture and Food.

(2) "ZEC Committee: means a Zone Executive Committee for each of the seven zones in the state, consisting of one member from each of the soil conservation districts in that zone to coordinate the ARDL program at the zone level.

(3) "S.C.D. Board" means a Soil Conservation district Board, a five-member group within each of 39 soil conservation districts in the state created by Section 4-18-5 , to coordinate the ARDL program at the district level.

(4) "ARDL Program Coordinator or Loan Administrator" means the staff administrator of Agriculture Resource Development Loan program employed by the Department of Agriculture and Food.

(5) "Technical assistance" or "technical assistance agency" means such individuals or group of individuals, including administrative services, who may be requested by an applicant client to provide specialized input for proposed projects.

(6) "Executive Committee" means a group composed of a chairman, the President of the Utah Association of Conservation Districts (UACD), and a commission member at large, which review applications for presentation to the Soil Conservation Commission.

(7) "Application" means a project proposal which is prepared by an individual seeking ARDL loan funds through the process established by the commission and in accordance with Section 4-18-5.

(8) "Resource Improvement and Management Plans" means plans and specifications prepared by a technical assistant, or technical assistance agency, which technical assistants and agencies are pre-approved by the commission.

R65-10-3 Administration of Agriculture Resource Development Fund.

(1) The objectives of the ARDL program are to conserve soil and water resources of the state, increase agriculture yields for croplands, orchards, pastures, range and livestock, maintain and improve water quality, conserve and improve wildlife habitat, prevent flooding, conserve or develop on-farm energy resources, and mitigate damages to agriculture as a result of flooding, drought, or other natural disasters. The commission shall annually allocate funds appropriated for projects that further these objectives.

(2) Applicant clients shall submit finalized project proposals to the ARDL Program Coordinator or Loan Administrator for review. Applications shall be reviewed for funding by the executive committee. Applicant clients shall comply with district, zone and commission application procedures, which are available from district and zone offices. Applicant clients shall be investigated for credit and security as may required by the commission; including past and current financial holdings, fiscal-obligations, and debt history. When requests are expected to exceed available funds, projects shall be rated and prioritized according to levels of quality of improvement(s) sought. Rating and approval information from ZEC committees and SCD boards shall be duly considered.

(3) Loans will be awarded in accordance with contracts; which will generally consist of promissory notes or other documents that are agreed to and signed by applicant clients to perfect such liens on collateral.

(4) When proposed projects include technical issues that are sufficiently complex, loan and technical assistance fees may be charged to clients. Some projects may require supervision by commission designated personnel.

(5) Contracts with applicant clients shall be based on security involving defined collateral. Contracts shall include schedules for loan repayment according to agreed upon interest rates and related fiscal conditions. The ARDL Loan Administrator may acquire appraisals and estimates of collateral values, and is authorized to obtain security or collateral in order to meet the provisions of the contract until agreed upon amounts have been collected.

(6) Projects for which funds are loaned shall be inspected and certified by commission designated personnel for compliance with contractual provisions.

(7) Under direction of the commission the ARDL Program Coordinator or Loan Administrator shall manage the program; interpret guidelines, administer record-keeping operations, research financial loan collateral security information, process and service contracts associated with program functions, recommend loan approvals to the commission, analyze resource improvement and management plans, and administer loan servicing/collection activities.

[Indexing] KEY: loans
    January 16, 1996

[Editor's note: Below are references to the Utah Code that are listed by the agency making this rule as authority for the rule.]
4-18-5

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