<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 05.04.01.15" title_num="05" subtitle_num="04" chapter_num="01" heading="Loan Disbursements.">
  <paragraph num="A.">
    <text>Monitoring.</text>
    <paragraph num="(1)">
      <text>The local administrator shall monitor loans and disbursement of loan funds during rehabilitation to assist borrowers and to assure that loan funds are properly used.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Based on Program guidelines, the local administrator shall determine the frequency and level of inspections during rehabilitation taking into consideration:</text>
      <paragraph num="(a)">
        <text>The capability of the borrower;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The demonstrated experience and reliability of the contractor;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The amount of the loan;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The availability of local technical assistance; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other factors considered relevant by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The local administrator may charge borrowers a fee for inspections during rehabilitation, as approved by the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Payments Generally.</text>
    <paragraph num="(1)">
      <text>Loan funds shall be disbursed in full at the closing of the loan to an account held on behalf of the borrower by either the political subdivision that is the local administrator for the loan or the subcontractor. The loan funds shall be held in an account established under §C of this regulation.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local administrator or the subcontractor shall disburse the loan proceeds in accordance with the requirements of §B(3)—(5) of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Loan funds may not be disbursed if payments of interest or escrows required by the loan documents are in arrears.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Payments of draws shall be by joint payee check issued to the borrower and contractor unless an alternative payment method is approved by the Program Director.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Except as provided in §D of this regulation, payments shall be made only for work completed. Payments may not be made for material delivered to the site but not installed in the project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Loan Accounts.</text>
    <paragraph num="(1)">
      <text>Loan funds shall be held in a non-interest-bearing account established by the local administrator or the subcontractor and approved by the Department. The account may be:</text>
      <paragraph num="(a)">
        <text>An account with a depository institution that is separate from the other operating accounts of the local administrator or subcontractor;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>An account with a depository institution that is not separate from the other operating accounts of the local administrator or subcontractor using a separate reconciled general ledger account for all Program funds;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>An escrow account or attorney's trust account held and managed by an escrow agent if the escrow agent meets the following minimum criteria to the satisfaction of the Department:</text>
        <paragraph num="(i)">
          <text>Any employee of the escrow agent with access to the account shall be covered by a fidelity bond, or insured with employee dishonesty liability insurance, in an amount not less than $100,000;</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>The escrow agent shall provide the local administrator or the subcontractor, if any, and the Department with any statements required under §C(2) of this regulation; and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Any other requirements established by the Department; or</text>
        </paragraph>
      </paragraph>
      <paragraph num="(d)">
        <text>Another type of account approved by the Department.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(2)">
      <text>The Department may require the local administrator or the subcontractor to provide periodic statements to the Department of all loan funds in an account. If the statements do not correspond with the Department's records of loan funds in the account, the local administrator or the subcontractor shall work with the Department to reconcile the differences.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Department may revoke, at any time, its approval of any loan account established under this regulation.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Advance Payments. Advances or down payments may be made to contractors to purchase materials delivered on site or valid purchase requisitions not to exceed 20 percent of the contract costs.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Progress Payments.</text>
    <paragraph num="(1)">
      <text>Progress payments may not be made until the borrower has delivered satisfactory evidence, such as receipts or bills, of the amount of the payment requested.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Progress payments may not be made without an inspection to verify completion of the work, except at the discretion of the Department or the local administrator, when the entire cost of the project is $60,000 or less. At a minimum, however, the local administrator shall verify completion of the work before disbursing the final payment, as described in §F of this regulation.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If a borrower's request for payment is refused, the local administrator shall notify the borrower. The determination of the local administrator as to percentage of work completed is final.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Final Payment. Final payment shall be made as follows:</text>
    <paragraph num="(1)">
      <text>A borrower shall submit to the local administrator a certificate of completion, executed by the borrower and contractor, certifying that all work has been completed in accordance with the contract documents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon final inspection and receipt and approval of the certificate of completion, final payment shall be processed.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>If, in the opinion of the local administrator, the contractor has satisfied the contract and the borrower refuses to request or release the final payment, then the local administrator may follow the following procedure:</text>
      <paragraph num="(a)">
        <text>The local administrator may require the borrower to explain in writing within 10 days why the local administrator should not make direct payment to the contractor;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>If the borrower responds within the 10-day period and requests a meeting, the local administrator shall hold a meeting at which the borrower shall present the borrower's objections to requesting or releasing the final payment;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The local administrator, in its discretion, may then either approve or disapprove direct payment to the contractor or the borrower.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>If the local administrator receives written notice that subcontractors, materialmen, or suppliers have not been paid for work done or material supplied to and for the project, and all loan funds have not yet been disbursed, the local administrator shall retain an amount equal to the lesser of all funds not yet disbursed and the amount sufficient to satisfy the claims until satisfactory evidence of satisfaction and release by the subcontractors, materialmen, or suppliers is presented. The contractor shall promptly pay or bond any liens established.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Retainage.</text>
    <paragraph num="(1)">
      <text>The local administrator shall retain until final payment 10 percent of the contract proposal costs for all projects for which the borrower is responsible for project inspections.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The local administrator, at its discretion, may elect to retain until final payment 10 percent of the contract proposal costs for any other project, taking into consideration:</text>
      <paragraph num="(a)">
        <text>The type of project;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The contractor's experience; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Other factors the Program considers relevant.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The retainage shall be released at final payment upon verification that all contracted rehabilitation items are complete and acceptable to the Department.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Closeout Procedures. After final payment is made, the local administrator or the subcontractor shall reconcile all receipts and disbursements and prepare a close-out statement. A copy of the close-out statement shall be forwarded to the Program and the servicer.</text>
  </paragraph>
</regulation>