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<regulation prefix="Regulation" num=".03" citation="COMAR 05.01.08.03" title_num="05" subtitle_num="01" chapter_num="08" heading="Responsibilities of the Board.">
  <paragraph num="A.">
    <text>Before the earlier of the public distribution of a preliminary official statement or submission of a preliminary official statement to any rating agency for review, the Board shall review and make recommendations to the Department regarding the issuance of bonds, notes, or other securities by the Department or any of its agencies.</text>
  </paragraph>
  <paragraph num="B.">
    <text>The recommendation shall consider the following:</text>
    <paragraph num="(1)">
      <text>The amount of bonds to be issued;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The timing of the sale or issuance of the bonds; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Whether the sale should be undertaken on a competitive or negotiated basis.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>The Board shall review annually the process and procedures the Department and its agencies use for the issuance of revenue bonds, including any recommendations to the Secretary with respect to the role and responsibilities of Department staff, the underwriters, and the financial advisor in each of the following areas:</text>
    <paragraph num="(1)">
      <text>Cash flow analysis, both consolidated and series specific, for determining the adequacy of debt service coverage;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Cash flow and financial analysis for determining projected compliance of each issue with federal arbitrage restrictions;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Federal arbitrage compliance and rebate calculations;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Official statement preparation;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Rating agency contact;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Data base maintenance; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Bond proceeds investment decisions.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Unless expressly requested by the Secretary, the Board is not responsible for reviewing or determining the adequacy of financial analysis, for compliance with federal arbitrage provisions, or for reviewing or determining the adequacy of official statements or other disclosures in connection with the Department's bonds.</text>
  </paragraph>
  <paragraph num="E.">
    <text>The Board shall review and make recommendations to the Secretary on the criteria for the selection of financial advisors and underwriters who provide advice or services to the Department in connection with its bond issuance activities.</text>
  </paragraph>
  <paragraph num="F.">
    <text>The Board shall annually, or more frequently as may be desirable, review and report to the Secretary regarding the performance of the financial advisors and underwriters, as well as the performance of the housing finance staff of the Department.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Following the issuance of every series of revenue bonds, the Board shall review the sale of the revenue bonds, including the bond rates achieved compared to bonds issued by comparable agencies from other states, and the costs of issuance of the revenue bonds. The Board shall report regularly to the Secretary on the results of these post bond sale analyses.</text>
  </paragraph>
  <paragraph num="H.">
    <text>The Board shall review and make recommendations on other plans, programs, policies, procedures, or practices of the Department and its agencies related to the issuance of revenue bonds as the Secretary may request.</text>
  </paragraph>
</regulation>