2107 - Penalty.

     § 2107.  Penalty.        (a)  Imposition.--Except as provided in subsection (b), the     department shall impose a penalty upon a recipient for any of     the following:            (1)  Failing to create the number of jobs specified in        the recipient's application.            (2)  Failing to inject the required amount of private        matching funds into the project.            (3)  Failing to operate at the project site for a minimum        period of five years.        (b)  Exception.--The department may waive the penalty     required by subsection (a) if the department determines that the     failure was due to circumstances outside the control of the     recipient.        (c)  Amount.--The amount of the penalty shall be equal to the     full amount of the grant received plus an additional amount of     up to 10% of the amount of the grant received. The penalty shall     be payable in one lump sum or in installments, with or without     interest, as the department deems appropriate.