# COMAR Title 10 — Maryland Department of Health

## Subtitle 08 — Health Facilities Grants

### Chapter 04 — Construction Funds for Public and Nonprofit Assisted Living Facilities

#### Regulation .07 Recommendation of State Grant Awards.

*COMAR 10.08.04.07*

A. The Department shall determine whether the approved application is to be recommended to the Board of Public Works for award of State grant funds after consideration of the following:

  (1) The availability of State grant funds;

  (2) The receipt of satisfactory evidence from the applicant of the following requirements:

    (a) Sufficient total financial contribution to complete the project;

    (b) Control of site, such as deed or lease;

    (c) Compliance with applicable local zoning requirements;

    (d) Certification that the project site is located in a State-approved Smart Growth area;

    (e) Certified bid tabulation, construction contract, contract of sale, or 30-year lease agreement with landlord, contingent on Board of Public Works approval; and

    (f) Compliance with all other applicable provisions of State or federal law; and

  (3) Whether the local government has certified to the Department that a surplus public building appropriate for use as an assisted living facility does not exist in the area in which the facility is to be located, if a new building is to be constructed.

B. Upon satisfactory completion of §A(1) and (2) of this regulation, the Secretary shall recommend to the Board of Public Works that a State grant be made to the approved applicant, together with a written report:

  (1) Stating that a notice, including information in the application, has been provided to the State Clearinghouse;

  (2) Stating that the application has been approved by the Secretary;

  (3) Stating the amount of a federal grant, if any is involved, that has been awarded to the applicant;

  (4) If required, stating that the local government has certified that there is no surplus public building; and

  (5) If required, certifying that there is no surplus public building.