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<regulation prefix="Regulation" num=".07" citation="COMAR 24.05.23.07" title_num="24" subtitle_num="05" chapter_num="23" heading="Application and Processing Procedures.">
  <paragraph num="A.">
    <text>Application. An application for financial assistance shall be made on standard forms required by the Department. Each application shall include:</text>
    <paragraph num="(1)">
      <text>A detailed local strategic plan for economic development for the qualified distressed county, approved by the relevant officials of the qualified distressed county or municipal corporation;</text>
    </paragraph>
    <paragraph num="(2)">
      <text>A marketing plan designed to market the project to prospective businesses and a statement of planned marketing expenditures as a percent of the total financial assistance amount requested;</text>
    </paragraph>
    <paragraph num="(3)">
      <text>A site plan for the project that is consistent with the county's local strategic economic development plan as to the location and type of project;</text>
    </paragraph>
    <paragraph num="(4)">
      <text>The total amount of funds required for the project;</text>
    </paragraph>
    <paragraph num="(5)">
      <text>The amount and type of funds available to the applicant without financial assistance from the Department;</text>
    </paragraph>
    <paragraph num="(6)">
      <text>The amount of financial assistance sought from the Department and a description of the applicant's proposed use of proceeds;</text>
    </paragraph>
    <paragraph num="(7)">
      <text>Information concerning the compliance of the applicant with State Finance and Procurement Article, Title 5, Subtitle 7B, Annotated Code of Maryland, concerning priority funding areas, including a written statement from the applicant that the project is located within a certified priority funding area or meets an exception;</text>
    </paragraph>
    <paragraph num="(8)">
      <text>Information that relates to potential security for the loan;</text>
    </paragraph>
    <paragraph num="(9)">
      <text>An environmental study on the project site;</text>
    </paragraph>
    <paragraph num="(10)">
      <text>An “as built” appraisal of the project; and</text>
    </paragraph>
    <paragraph num="(11)">
      <text>Any other relevant information the Department requests.</text>
    </paragraph>
  </paragraph>
  <paragraph num="B.">
    <text>Initial Review. The Department shall subject each application to an initial review for a preliminary determination of the applicant's eligibility in accordance with this chapter.</text>
  </paragraph>
  <paragraph num="C.">
    <text>Approval. The Secretary may not approve financial assistance for a project under this chapter unless the Secretary approves the local strategic plan for economic development, the marketing plan, and the site plan for the project submitted with the application.</text>
  </paragraph>
  <paragraph num="D.">
    <text>Fair Distribution. In approving financial assistance, the Secretary shall consider the aggregate amount of financial assistance that may already have been provided for a particular qualified distressed county under this chapter and under any other State economic development program to ensure that a particular qualified distressed county does not benefit disproportionately from financial assistance under this chapter.</text>
  </paragraph>
  <paragraph num="E.">
    <text>Loan Documents.</text>
    <paragraph num="(1)">
      <text>The Department shall prepare and provide the applicant with copies of relevant loan documents.</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Loan documents shall include:</text>
      <paragraph num="(a)">
        <text>The rate of interest on the loan;</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The amount of the loan;</text>
      </paragraph>
      <paragraph num="(c)">
        <text>Provisions for repayment of the loan; and</text>
      </paragraph>
      <paragraph num="(d)">
        <text>Other provisions the Department determines are necessary to secure the loan, including, if applicable, the taking of liens and security interests in real and personal property.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(3)">
      <text>Loan Agreement.</text>
      <paragraph num="(a)">
        <text>Each loan agreement under this chapter shall include a provision for repayment of principal to begin only after the project is initially occupied.</text>
      </paragraph>
      <paragraph num="(b)">
        <text>The Secretary may include in a loan agreement under this chapter a provision for payment of interest to begin only after the project is initially occupied.</text>
      </paragraph>
    </paragraph>
    <paragraph num="(4)">
      <text>Loan documents may include those provisions the Department may require.</text>
    </paragraph>
  </paragraph>
  <paragraph num="F.">
    <text>Fees. The Department may require the applicant to pay for expenses incurred in processing and closing the financial assistance, such as fees for appraisals and credit reports.</text>
  </paragraph>
  <paragraph num="G.">
    <text>Violations. If an applicant violates any provision of the financial assistance documents or ceases to meet the requirements of the Act, the Department may:</text>
    <paragraph num="(1)">
      <text>Withhold from the applicant further advances of proceeds until the applicant complies with the agreement or requirements; and</text>
    </paragraph>
    <paragraph num="(2)">
      <text>Exercise any other remedy for which the financial assistance documents provide.</text>
    </paragraph>
  </paragraph>
  <paragraph num="H.">
    <text>Fund Limitations. The faith and credit of the State are not pledged to the Fund.</text>
  </paragraph>
</regulation>