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<regulation prefix="Regulation" num=".08" citation="COMAR 05.13.01.08" title_num="05" subtitle_num="13" chapter_num="01" heading="Applications and Processing.">
  <paragraph num="A.">
    <text>An application for financial assistance shall be submitted to the Department and shall be made upon standard forms prescribed by the Department. Each application shall:</text>
    <paragraph num="(1)">
      <text>Be submitted by an eligible applicant as described in Regulation .04 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Contain the applicant’s organizational documents, including, as applicable, its articles of incorporation and bylaws, its articles of organization and operating agreement, its certificate of limited partnership and limited partnership agreement, or its partnership or joint venture agreement;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Contain a description of the project;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contain a description of all sources of funding the applicant has obtained for the project;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>Contain sufficient information to determine that the:</text>
      <paragraph num="(a)">
        <text>Project is located in a priority funding area or eligible opportunity zone;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Project is eligible in accordance with Regulation .06 of this chapter;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Terms and requirements of financial assistance as set forth in Regulation .07 of this chapter can be met; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Applicant is eligible in accordance with Regulation .04 of this chapter; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(6)">
      <text>Contain the following additional information:</text>
      <paragraph num="(a)">
        <text>The estimated number and types of jobs to be created or retained by the project;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The amount, size, and types of space to be created or retained;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The cost of the project;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>A project budget identifying all sources and uses of funds;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A pro forma showing anticipated project revenue, expenses, and debt service and other indebtedness of the project;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Identification of the revenues which can be used to repay the financial assistance provided by the Program; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Other and further information as the Program may request.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Application Evaluation.</text>
    <paragraph num="(1)">
      <text>Each application submitted shall be reviewed by the Program to determine whether all of the information required under §A of this regulation is contained in the application.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Upon submission of all required information, the Program shall undertake an analysis of each application and make a recommendation to the Secretary, as to whether, in accordance with this section, a project is eligible for financial assistance, the amount of financial assistance, and any special terms and conditions for a project.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Program may take the information set forth in an application and the following factors into consideration in recommending an award of financial assistance:</text>
      <paragraph num="(a)">
        <text>The ratio of Program and other State funds to both private and other non-State public funds;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The relationship of a project to area revitalization plans, efforts, and strategies;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>The capability of an applicant to administer a project;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>The potential of the business to serve the needs of the priority funding area or eligible opportunity zone in which it is situated; and</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Other factors which the Program determines are desirable in fostering commercial and economic revitalization within a local jurisdiction.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>Geographical Distribution. In evaluating and recommending a project, the Program shall make reasonable efforts to ensure that financial assistance is equitably distributed among all of the local jurisdictions.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Approval of Applications.</text>
    <paragraph num="(1)">
      <text>The Program shall evaluate each application for financial assistance. If the Program recommends approval of a project for financial assistance, the Program shall present the project to the Secretary. The Secretary shall approve, disapprove, or approve with modifications all financial assistance to be provided under the Program according to procedures established by the Secretary.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The Secretary, in the sole discretion of the Secretary, may delegate to an authorized officer of the Department the authority to approve, disapprove, or approve with modifications financial assistance provided under the Program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Rejection of Applications. If the Program does not recommend approval of a project for financial assistance, the Program shall issue a written notice of rejection with an evaluation and explanation for rejection.</text>
  </paragraph>
  <paragraph num="F.">
    <text>Reconsideration.</text>
    <paragraph num="(1)">
      <text>An applicant may request reconsideration of a rejection by submitting a written request, to the Secretary, which is received within 30 days following the date of the rejection notice. The request for reconsideration shall address each reason for the rejection and provide documentation supporting reasons for reconsideration of the issues. The Secretary shall respond in writing to the applicant’s request for reconsideration within 30 days of receipt by the Secretary of the request for reconsideration.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary, in the sole discretion of the Secretary, may delegate to an authorized officer of the Department the authority to approve, disapprove, or approve with modifications a request for reconsideration of a rejection under the Program.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Closing. The closing of an award of financial assistance shall be scheduled at a time acceptable to the Department and the Office of the Attorney General.</text>
  </paragraph>
  <paragraph num="H.">
    <text>Disbursement of Financial Assistance. Financial assistance may be disbursed in accordance with the terms and conditions set forth in the financial assistance documents.</text>
  </paragraph>
</regulation>