Sec. 10.08.06.07. Recommendation of State Grant Awards

A. The Department shall determine whether the 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) Documentation from the Maryland Health Care Commission that:

(i) A certificate of need is not required for a decrease in bed capacity or conversion to an alternative health care facility or service proposed by the project; or

(ii) An applicant has obtained a certificate of need, if required pursuant to Health-General Article, §19-120, Annotated Code of Maryland, for the proposed changes in bed capacity or license category, or to establish the new health care facility or service;

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

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

(d) Compliance with applicable local zoning requirements;

(e) Certified bid tabulation, construction contract; and

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

B. Upon satisfactory completion of §A 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 stating that:

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

(2) The application has been approved by the Secretary; and

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