<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".15" citation="COMAR 10.24.01.15" title_num="10" subtitle_num="24" chapter_num="01" heading="Commission Approval Required Before Certain Actions.">
  <paragraph num="A.">
    <text>Obligation of Capital Expenditure.</text>
    <paragraph num="(1)">
      <text>A person may not incur an obligation for a capital expenditure for a project that is subject to review under these regulations until the applicant receives a CON or other required Commission approval.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>An obligation for capital expenditure is incurred by or on behalf of a health care facility:</text>
      <paragraph num="(a)">
        <text>When a contract, enforceable under State law, is entered into by or on behalf of the health care facility for the construction, acquisition, lease, or financing of a capital asset;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>When a governing body of the health care facility takes formal action to commit its own funds for a construction project undertaken by the health care facility as its own contractor; or</text>
      </paragraph>
      <paragraph num="(c)">
        <text>In the case of donated property, on the date on which the gift is completed under applicable State law.</text>
      </paragraph>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Obligation of Predevelopment Expenditures. An applicant proposing predevelopment expenditures requiring review under this chapter may not enter into a binding contract or other obligation for such activities until the applicant receives a CON or other required Commission approval.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Binding Commitments for Financing. A binding arrangement or commitment for financing a project may not be entered into by an applicant until the applicant receives a CON or other required Commission approval for the project.</text>
  </paragraph>
</regulation>