§ 15-4-609 - Regulations. - Arkansas Statutes

15-4-609. Regulations.

(a) The Arkansas Economic Development Council is authorized and directed to conduct such investigation as it may determine necessary for the promulgation of regulations to govern the operation of the guaranty program authorized by this subchapter.

(b) These regulations shall include the restrictions and conditions imposed by this subchapter, including particularly those set forth in 15-4-604 and 15-4-608. The regulations may include such other additional provisions, restrictions, and conditions as the council, after the investigation referred to in subsection (a) of this section, shall determine to be proper to achieve the most effective utilization of the guaranty program authorized by this subchapter. This may include, without limitation, a detailing of the remedies that must be exhausted by the bondholders or a trustee acting in their behalf prior to calling upon the council to perform under its guaranty agreement and the subrogation or other rights of the council with reference to the industrial project and its operation in the event the council makes payment pursuant to the applicable guaranty agreement.

(c) In this regard, the council is expressly authorized to enter into such agreements and otherwise take such action as may be necessary to exercise the authority conferred by this subchapter or to evidence the exercise thereof.

(d) The regulations promulgated by the council to govern the operation of the guaranty program shall contain specific provisions with respect to the rights of the council to enter, take over, and manage the industrial development properties upon default. These regulations shall set forth the respective rights of the council and the bondholders in regard thereto.

(e) Such regulations shall be in conformity with 14-164-201 -- 14-164-206, 14-164-208 -- 14-164-224, 15-5-101 -- 15-5-105, 15-5-201 -- 15-5-211, and 15-5-301 -- 15-5-316.