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<regulation prefix="Regulation" num=".06" citation="COMAR 05.14.01.06" title_num="05" subtitle_num="14" chapter_num="01" heading="Project Review and Selection Procedures.">
  <paragraph num="A.">
    <text>Threshold Requirements. Each project shall meet the following threshold requirements:</text>
    <paragraph num="(1)">
      <text>The application shall be complete, providing all of the items and information required in Regulations .04 and .05 of this chapter;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The service or services proposed shall be consistent with the Program purpose and eligible under this chapter and any guidelines issued by the Program;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The application shall identify the priority funding area in which the project will operate; and</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If the applicant was awarded an allocation of tax credits for a project during a previous State fiscal year, the applicant shall, in the discretion of the Program, have made substantial progress toward utilizing its previous award of tax credits and satisfying all other Program requirements for the previous project.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Additional Project Review. In approving or disapproving a proposal, and in determining the maximum amount of contributions to an approved project that will be eligible for the Program tax credits, the Department shall consider:</text>
    <paragraph num="(1)">
      <text>The need for the project in relation to the need for other projects proposed;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The anticipated benefit to the priority funding area and the anticipated effect on the problem to be addressed;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The ability of the applicant to complete the project in a timely and cost-effective manner;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The capacity of the applicant to raise funds for the project, which may include any commitment from a business entity or an individual to make a contribution to the project;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The readiness of the applicant to proceed with the project;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>Geographic distribution of projects;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Proposed involvement of local residents or businesses, or both, in the planning or implementation, or both, of the project;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Feasibility of the project, financially, in terms of staffing, and in other respects as determined by the Program; and</text>
    </paragraph>
    <paragraph num="(9)">
      <text>Any other relevant factors.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>In reviewing applications, the Program may request data and assistance from other units of State government.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Minimum and Maximum Amounts of Tax Credits.</text>
    <paragraph num="(1)">
      <text>The Program may set guidelines for minimum and maximum amounts of tax credits per project for each round of applications.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The sum of contributions eligible for tax credits for all projects approved for each State fiscal year may not exceed $3,500,000.</text>
    </paragraph>
  </paragraph>
  <paragraph num="E.">
    <text>Time Period for Using Tax Credits Allocated to a Project.</text>
    <paragraph num="(1)">
      <text>The Program may establish a deadline for receiving contributions eligible for tax credits.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If, by the Program deadline, the nonprofit organization has not received the maximum amount of contributions for the tax credits allocated to the project, then the remaining tax credits may be used in the discretion of the Secretary:</text>
      <paragraph num="(a)">
        <text>By extending the deadline for that project; or</text>
      </paragraph>
      <paragraph num="(b)">
        <text>For a reserve of tax credits to be allocated by the Secretary to projects approved by the Secretary, all in the Secretary's discretion, with or without review by the evaluation committee described in §F of this regulation.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Selection.</text>
    <paragraph num="(1)">
      <text>The Secretary shall designate members of the committee to evaluate project applications.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The committee shall evaluate the project proposals based on the guidelines described above and make recommendations to the Secretary for project approval and allocation amounts.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary shall make all final decisions on project approval and the tax credit allocations.</text>
    </paragraph>
    <paragraph num="(4)">
      <text>A decision concerning project approval and tax credit allocation is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The Secretary may delegate to the Assistant Secretary for Neighborhood Revitalization or the Deputy Secretary of the Department the authority to issue the notification letter and execute any agreement required by the Department.</text>
    </paragraph>
    <paragraph num="(6)">
      <text>In approving or disapproving a proposal, and in determining the maximum amount of contributions to an approved project that will be eligible for tax credits, the Secretary may give preference to a proposal that benefits a sustainable community or a neighborhood conservation area.</text>
    </paragraph>
  </paragraph>
  <paragraph num="G.">
    <text>Notification.</text>
    <paragraph num="(1)">
      <text>Each nonprofit applicant shall receive notice in writing whether or not the project was approved. An approval notice also shall state the maximum amount of contributions to the approved project eligible for the tax credits under the Program.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Notice of approval may be accompanied by an agreement to be entered into by the nonprofit applicant, as required by the Program.</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Approval is not effective until the nonprofit applicant has signed and returned the notice and any agreement required by the Program.</text>
    </paragraph>
  </paragraph>
</regulation>