ARSD 74:05:07:09. Authority and responsibility

Each applicant must demonstrate to the board that it has the legal authority and financial ability necessary for constructing, operating, repairing, and maintaining the proposed facility or service for its expected life and for obtaining and administering the proposed funding. The applicant is responsible for the facility and shall provide for continued availability of its services even though the facility may be operated, maintained, or managed by a third party under contract, management agreement, or written lease.