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<regulation prefix="Regulation" num=".10" citation="COMAR 05.13.06.10" title_num="05" subtitle_num="13" chapter_num="06" heading="Food Desert Project 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.</text>
  </paragraph>
  <paragraph num="B.">
    <text>Each application shall:</text>
    <paragraph num="(1)">
      <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="(2)">
      <text>Contain a description of the project;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Contain proof of the dollar amount committed to the project from private and non-State public resources, and proof of any applications submitted to private and non-State public sources of financing for the project except that if the applicant is not applying to any private or non-State public resources, the Program may request additional information which would have been contained in those applications;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Contain sufficient information to determine that the:</text>
      <paragraph num="(a)">
        <text>Project is located in a food desert;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Project is eligible in accordance with Regulation .07 of this chapter; and</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Terms and requirements of financial assistance as set forth in Regulation .08 of this chapter can be met; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(5)">
      <text>Contain the following additional information:</text>
      <paragraph num="(a)">
        <text>The 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 commercial or industrial 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 project development funds;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Except for projects seeking financial assistance for minor rehabilitation, 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="C.">
    <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 §B 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, as permitted under Regulation .07E of this chapter, 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 food desert in which it is situated;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>A plan to seek out sources of Maryland-grown produce and Maryland-produced foods;</text>
      </paragraph>
      <paragraph num="(f)">
        <text>A strategy to encourage hiring local residents; and</text>
      </paragraph>
      <paragraph num="(g)">
        <text>Other factors which the Program determines are desirable in fostering commercial and economic revitalization within each local jurisdiction in which the project is located.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>Approval of Applications.</text>
    <paragraph num="(1)">
      <text>If the Program determines to recommend approval of a project for financial assistance, the Program shall present the project to 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 determines not to 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>
</regulation>