<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".07" citation="COMAR 10.08.04.07" title_num="10" subtitle_num="08" chapter_num="04" heading="Recommendation of State Grant Awards.">
  <paragraph num="A.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>The availability of State grant funds;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The receipt of satisfactory evidence from the applicant of the following requirements:</text>
      <paragraph num="(a)">
        <text>Sufficient total financial contribution to complete the project;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>Control of site, such as deed or lease;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Compliance with applicable local zoning requirements;</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Certification that the project site is located in a State-approved Smart Growth area;</text>
      </paragraph>
      <paragraph num="(e)">
        <text>Certified bid tabulation, construction contract, contract of sale, or 30-year lease agreement with landlord, contingent on Board of Public Works approval; and</text>
      </paragraph>
      <paragraph num="(f)">
        <text>Compliance with all other applicable provisions of State or federal law; and</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>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.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>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:</text>
    <paragraph num="(1)">
      <text>Stating that a notice, including information in the application, has been provided to the State Clearinghouse;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Stating that the application has been approved by the Secretary;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Stating the amount of a federal grant, if any is involved, that has been awarded to the applicant;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>If required, stating that the local government has certified that there is no surplus public building; and</text>
    </paragraph>
    <paragraph num="(5)">
      <text>If required, certifying that there is no surplus public building.</text>
    </paragraph>
  </paragraph>
</regulation>