<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 10.08.02.05" title_num="10" subtitle_num="08" chapter_num="02" heading="Application Procedure.">
  <paragraph num="A.">
    <text>An applicant shall apply for a grant to be used for construction, acquisition, renovation, and equipping of a facility by filing an application with the Department on a form provided by the Department.</text>
  </paragraph>
  <paragraph num="B.">
    <text>An applicant shall direct an application for State grant funds to the Office of Capital Planning, Budgeting, and Engineering Services.</text>
  </paragraph>
  <paragraph num="C.">
    <text>The Department shall provide notice and information to the State Clearinghouse for intergovernmental review in accordance with COMAR 14.24.04.</text>
  </paragraph>
  <paragraph num="D.">
    <text>The applicant shall comply with the application procedures in effect at the time of application, as prescribed by applicable federal and State regulations.</text>
  </paragraph>
  <paragraph num="E.">
    <text>At the time of filing the application, and before the authorization of an award of State grant funds, the applicant shall file a written statement with the Department containing the following materials:</text>
    <paragraph num="(1)">
      <text>Current or intended program of services;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The facility's admission policies, including:</text>
      <paragraph num="(a)">
        <text>Statements in which the applicant shall:</text>
        <paragraph num="(i)">
          <text>Agree to admit individuals on the basis of their need for services without regard to race, national origin, color, disability, religion, or ability to pay,</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>According to law and these regulations, define clearly proposed limitations, if any, regarding age groups, illness, or disorder categories, and</text>
        </paragraph>
        <paragraph num="(iii)">
          <text>Give priority to individuals for admission to the facility who are certified by a local department of social services for assistance, and to individuals of low income;</text>
        </paragraph>
      </paragraph>
      <paragraph num="(b)">
        <text>For an applicant serving or intending to serve individuals in a developmental disabilities facility, an agreement to:</text>
        <paragraph num="(i)">
          <text>Serve only those clients for whom the Developmental Disabilities Administration has authorized services in accordance with COMAR 10.22.18 or Health-General Article, §7-403, Annotated Code of Maryland, or</text>
        </paragraph>
        <paragraph num="(ii)">
          <text>Obtain written permission from the Director, Developmental Disabilities Administration, before serving individuals not funded by the Developmental Disabilities Administration;</text>
        </paragraph>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>The number of personnel employed or to be employed at the facility, by occupation, and all perquisites, salaries, and other funds paid, or to be paid, to these personnel;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>Expenses incurred, or to be incurred, in carrying out qualified facilities operations;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The schedule of rates charged, or to be charged, for services rendered;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>If a facility is currently operating, a certified, audited profit-and-loss statement and balance sheet for the most current year; and</text>
    </paragraph>
    <paragraph num="(7)">
      <text>If the applicant is applying for poverty funding under Regulation .07E of this chapter, an agreement that the majority of the individuals served by the applicant shall be poverty-designated clients, as defined in Regulation .07E of this chapter, for each year for a period of 30 years following the completion or acquisition of the facility.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>If the application meets all pertinent criteria, the Secretary, in the Secretary's discretion, may approve that application and, if approved, shall recommend the application to the Board of Public Works, together with a written report stating that:</text>
    <paragraph num="(1)">
      <text>Notice and information in the application have been provided to the State Clearinghouse;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The application has been approved by the Secretary, and when a federal grant is involved, the application has also been approved by the Secretary of Health and Human Services or other appropriate federal authority; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The Secretary recommends that the Board of Public Works make available to the applicant State grant funds.</text>
    </paragraph>
  </paragraph>
</regulation>