Sec. 10. The department may enter into one (1) or more memoranda of understanding with respect to the implementation and administration of a public-private agreement. The memoranda may provide that the department has responsibility for, and shall administer and oversee certain aspects of the implementation of, the public-private agreement under this article, including:

(1) undertaking any oversight and monitoring of the operator as provided under the public-private agreement;

(2) reviewing plans for development and operation, as applicable, as provided under the public-private agreement;

(3) granting or denying all consents and approvals as provided under the public-private agreement, except for consents and approvals relating to financial matters that the department is not permitted to grant or deny under applicable law, in which case the authority shall execute the consents and approvals prepared by the department;

(4) receiving all development, operations, and financial reports prepared by the operator or others, as provided under the public-private agreement;

(5) preparing, negotiating, and executing any change orders and amendments to the public-private agreement;

(6) issuing other written correspondence and communications on behalf of the authority as provided under the public-private agreement;

(7) preparing and issuing noncompliance letters and reports, warning notices, and default letters to the operator as provided under the public-private agreement; and

(8) exercising rights and remedies for a breach or default by the operator as provided under the public-private agreement, except for rights and remedies relating to financial matters that the department is not permitted to exercise under applicable law, in which case the authority shall exercise the rights and remedies.

As added by P.L.47-2006, SEC.40.