(i)__Fiscal capacity;

(ii)__Enrollment demographics; and

(iii)__Unforeseen circumstances not within the control of the appealing school administrative unit.

The state board's decision is final.

(b)__A school administrative unit engaged in a lease-purchase agreement for temporary interim nonadministrative space is eligible for state support for a maximum of 10 years; and

(3)__Permanent small nonadministrative space that replaces or is converted from existing approved leased portable space.__The existing leased portable space will be eligible for state support until July 1, 2003. Once an existing leased portable space has been converted into a permanent nonadministrative space through an approved lease-purchase agreement, the space is eligible for state support for a maximum of 10 years.

The department shall adopt rules necessary to implement this paragraph.__Rules adopted by the department to implement this paragraph are major substantive rules pursuant to Title 5, chapter 375, subchapter 2-A;

Sec. C-6. 22 MRSA §13, sub-§6, ¶¶A and B, as amended by PL 2003, c. 613, §1, are further amended to read:

A. The department may impose a sanction or withhold payment when the department has obtained an order from Superior Court allowing interim sanctions upon showing a substantial likelihood that overpayment and or fraud has occurred or and that substantial harm to the department will result from further delay or when the department has taken final agency action and the provider has waived or exhausted its right to judicial review.