Sec. 34.04.09.07. Review and Approval

A. Procedures for Review of Annual Grant Applications.

(1) For each grant application timely submitted to the Trust in accordance with Regulation .06A of this chapter, Trust staff shall review the application and determine if:

(a) The applicant is an eligible grantee under Regulation .04 of this chapter; and

(b) The proposed project is an eligible project under Regulation .05 of this chapter.

(2) Following its review under §A(1) of this regulation, Trust staff shall:

(a) Transmit to the Commission all grant applications for which staff determined during review that both the grantee and the project are eligible; or

(b) Send a notice of ineligibility to each grant applicant for which staff determined during review that either the grantee or the project is not eligible.

(3) Upon receipt of applications transmitted by Trust staff under §A(2)(a) of this regulation, the Commission shall:

(a) Review each application and the recommendations made by Trust staff;

(b) Evaluate and rank competitively the applications in accordance with the selection criteria under Regulation .06B of this chapter;

(c) Recommend funding levels for the projects it determines worthy of the award of a grant; and

(d) Transmit to the Board of Trustees the Commission’s evaluations, rankings, and recommendations.

(4) Upon receipt of the information transmitted by the Commission under §A(3)(d) of this regulation, the Trustees shall:

(a) Review the Commission’s evaluations, rankings, and recommendations;

(b) Refine or revise the Commission’s rankings and recommendations as the Trustees deem appropriate; and

(c) Forward to the Secretary recommendations on each application as to whether the applicant should be awarded a grant and in what amount.

B. Procedures for Review of Emergency Applications.

(1) For each emergency grant application submitted to the Trust under Regulation .06C of this chapter, Trust staff shall review the application and determine if:

(a) The applicant is a eligible grantee under Regulation .04 of this chapter; and

(b) The proposed project is an eligible project under Regulation .05 of this chapter.

(2) Following its review under §B(1) of this regulation, Trust staff shall:

(a) Transmit the application to the Commission if staff determined during its review that both the grantee and the project are eligible; or

(b) Send a notice of ineligibility to the applicant if staff determined during its review that either the grantee or the project is not eligible.

(3) Upon receipt of an application by Trust staff under §B(2)(a) of this regulation, the Commission shall:

(a) Review the application and the recommendation made by Trust staff;

(b) Evaluate the application in accordance with the selection criteria under Regulation .06B of this chapter;

(c) Evaluate the nature of the emergency;

(d) Recommend a fund level for the project if it determines the project worthy of the award of a grant; and

(e) Transmit to the Board of Trustees the Commission’s evaluation and recommendation.

(4) Upon receipt of the information transmitted by the Commission under §B(3) of this regulation, the Trustees shall:

(a) Review the Commission’s evaluation and recommendation;

(b) Refine or revise the Commission’s recommendation as the Trustees deem appropriate; and

(c) Forward to the Secretary a recommendation as to whether the applicant should be awarded a grant and in what amount.

C. Secretary’s Review and Approval. The Secretary shall:

(1) Review each grant application forwarded to the Secretary by the Trustees and the recommendations of the Trust and of the Commission;

(2) Evaluate each grant application against the selection criteria set forth in Regulation .06B of this chapter and, as applicable, the nature of any emergency; and

(3) Make a final decision to:

(a) Approve the grant and in what amount;

(b) Approve the grant with modifications; or

(c) Deny the grant.

D. Board of Public Works Approval. For all grants awarded by the Secretary under §C of this regulation that are to be funded with the proceeds of the sale of State general obligation bonds, the Trust shall submit the grant agreement to the Board of Public Works for approval.

E. Final Decision. The decision on a grant application of the Secretary under §C of this regulation, or, as appropriate, of the Board of Public Works under §D of this regulation, is final and not a contested case within the meaning of State Government Article, Title 10, Subtitle 2, Annotated Code of Maryland.

F. Inapplicable Provisions. Grants submitted to the Board of Public Works in accordance with §D of this regulation are not subject to the provisions of the State Finance and Procurement Article, Title 4, Annotated Code of Maryland, or otherwise subject to review by the Department of General Services or any other State unit.