Sec. 10.08.04.07. Recommendation of State Grant Awards

A. 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:

(1) The availability of State grant funds;

(2) The receipt of satisfactory evidence from the applicant of the following requirements:

(a) Sufficient total financial contribution to complete the project;

(b) Control of site, such as deed or lease;

(c) Compliance with applicable local zoning requirements;

(d) Certification that the project site is located in a State-approved Smart Growth area;

(e) Certified bid tabulation, construction contract, contract of sale, or 30-year lease agreement with landlord, contingent on Board of Public Works approval; and

(f) Compliance with all other applicable provisions of State or federal law; and

(3) 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.

B. 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:

(1) Stating that a notice, including information in the application, has been provided to the State Clearinghouse;

(2) Stating that the application has been approved by the Secretary;

(3) Stating the amount of a federal grant, if any is involved, that has been awarded to the applicant;

(4) If required, stating that the local government has certified that there is no surplus public building; and

(5) If required, certifying that there is no surplus public building.