<?xml version='1.0' encoding='utf-8'?>
<regulation prefix="Regulation" num=".05" citation="COMAR 14.29.04.05" title_num="14" subtitle_num="29" chapter_num="04" heading="Loan Application Evaluation and Approval.">
  <paragraph num="A.">
    <text>The Authority shall review and evaluate a completed loan application accepted under Regulation .04 of this chapter in accordance with selection criteria established by the Authority, which criteria may include:</text>
    <paragraph num="(1)">
      <text>The viability of the activity for which the loan is sought;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>The applicant’s readiness to commence the activity and complete it within an established time frame;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>The level of urgency of the applicant’s need for a loan to complete the activity;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The activity’s consistency with the goals of the management plan;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The extent to which the activity will have a positive impact on the certified heritage area;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The extent to which the activity, once completed, might serve as a model for other projects within certified heritage areas;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>The applicant’s administrative capability, including the applicant’s capacity to manage the activity;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>The applicant’s ability to repay the loan;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>The availability of private or non-State funds for the activity; and</text>
    </paragraph>
    <paragraph num="(10)">
      <text>Such additional criteria as the Authority considers appropriate.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Following review and evaluation under §A of this regulation, the Authority shall:</text>
    <paragraph num="(1)">
      <text>Either approve, approve with modification, or disapprove the loan;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>If approved, determine a level of funding for the loan, which may be in an amount less than the amount applied for by the applicant; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>Notify the applicant in writing of the action taken by the Authority on the application.</text>
    </paragraph>
  </paragraph>
  <paragraph num="C.">
    <text>For a loan approved under §B of this regulation, the Authority may issue to the applicant a commitment letter for the loan that sets forth:</text>
    <paragraph num="(1)">
      <text>The amount of the loan;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Terms and conditions under which the loan will be made, which shall at a minimum include the terms and conditions set forth in Regulation .06 of this chapter; and</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A time limit within which execution of loan documents shall occur before the Authority will withdraw its commitment, which time limit the Authority may extend at its sole discretion.</text>
    </paragraph>
  </paragraph>
  <paragraph num="D.">
    <text>A decision of the Authority to approve or disapprove a loan is not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Loan closing shall be scheduled at a time and place acceptable to the applicant, Authority staff, and the Office of the Attorney General.</text>
  </paragraph>
</regulation>