Sec. 05.17.01.06. Application Processing

A. Application Evaluation.

(1) Each application shall be submitted to the Department to determine whether all of the information required under Regulation .05 of this chapter is contained in the application.

(2) Upon receipt of all required information, the Department shall:

(a) Accept public input on the application;

(b) Undertake an analysis of each application as to the following considerations:

(i) Whether the financial assistance for the proposed project should be approved;

(ii) The amount and type of financial assistance the Sponsor should receive for the proposed project;

(iii) Any special terms and conditions which should be imposed on the project;

(iv) What other Department or State programs or resources could be used in conjunction with the financial assistance from the Program;

(v) The geographical balance of the application in relation to other applications previously received or approved by the Department;

(vi) The likelihood of repayment of the financial assistance provided; and

(vii) Other matters that the Department considers relevant; and

(c) Refer the application to members of the subcabinet and other State agencies, as the Department considers appropriate, to undertake the analysis in §A(2)(c) of this regulation.

(3) The Department, in its discretion, may request from the Sponsor additional information concerning an application, including oral presentations.

(4) Upon completion of the requirements in §A(1)-(3) of this regulation, the Department shall make a recommendation on the application to the Secretary.

B. Approval of Applications.

(1) Upon receipt of the Department's recommendation, the Secretary:

(a) May request additional information from the Sponsor concerning the application, including oral presentations; and

(b) Shall act on the application by approving, disapproving, or approving such application with modifications.

(2) In approving applications and awarding financial assistance, the Department shall give priority to applications that provide for the likely repayment of the financial assistance to a CDFI or to the Fund.

(3) The Secretary shall award financial assistance to a Sponsor, or a third party designated by a Sponsor and approved by the Department, in an amount and type determined by the Secretary, and under the terms and conditions of a community legacy agreement and such other documents as the Department considers necessary to evidence the financial assistance and to secure any security interest taken by the State with respect to a project.

C. Neighborhood Intervention Projects.

(1) The Secretary may not:

(a) Allocate annually more than 15 percent of the Fund to neighborhood intervention projects; or

(b) Award more than $500,000 in financial assistance for any one neighborhood intervention project.

(2) The restrictions in §C(1) of this regulation do not apply to projects approved by the Secretary under Regulation .13 of this chapter.

(3) The Secretary, acting under §B of this regulation or Regulation .13 of this chapter, may waive, in whole or in part, the requirements of Regulation .05C(3)(a) or (b) of this chapter regarding the repayment of financial assistance in connection with a neighborhood intervention project involving demolition.

(4) The Secretary, acting under §B of this regulation or Regulation .13 of this chapter, may waive, in whole or in part, the requirements of Regulation .05C(1) of this chapter that the project be located in a sustainable community and be part of a sustainable community plan.

D. Denial of Applications. If the Secretary determines not to approve all or part of an application, the Department shall issue a written notice of denial.

E. Reconsideration.

(1) An applicant may request initial reconsideration of a denial by submitting a written request to the Department, which must be received by the Department within 30 days following the date of the denial notice. The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration of the application. The Department shall respond in writing to the applicant's request for reconsideration within 90 days of receipt by the Department of the request for reconsideration.

(2) An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.02.