1. (a) Within a funding cycle, the Department shall issue one or more NOFAs.
2. (b) Eligible applicants, defined as those that comply with the provisions in Section 8204, may submit only one application in response to a NOFA.
3. (c) Applications from CHDOs shall propose only activities that are eligible to qualify as CHDO set-aside activities pursuant to 24 CFR Section 92.300(a).
4. (d) The NOFA shall specify, among other things, the maximum amount of program or project funds available to a State Recipient or Developer or CHDO under the NOFA, the activities eligible pursuant to the NOFA, the time frame for submittal of applications, the application requirements pursuant to Section 8211, the allocation of rating points pursuant to Section 8212, the matching contribution requirements pursuant to Section 8206, the value of voluntary labor as determined by HUD pursuant to 24 CFR Section 92.220(a)(8), any prohibitions on uses of funds, the availability of administrative funds, and the general terms and conditions of funding allocations.
5. (e) The Department shall only consider applications that are complete, as defined by Section 8211(b), and contain all the information required by Section 8211(c).
6. (f) If funds are disencumbered pursuant to Section 8218, made available due to an unexecuted standard agreement or made available by HUD pursuant to 24 CFR Section 92.451, the Department may make such funds available to (1) the next highest-ranked unfunded or partially-funded application from the most recent award of funds if the applicant can demonstrate that a proposed activity can be successfully implemented and executed, or (2) through the next published NOFA pursuant to subsection (a).

7. (g) In order to comply with any set-aside established by HUD or the Department, or special allocation made by HUD, the Department may do one or more of the following:

   1. (1) issue a special NOFA;
   2. (2) specify in each NOFA the reservation of a portion of the funds; and
   3. (3) specify in each NOFA any waivers to requirements granted by HUD in connection with the funds.

Note: Authority cited: Sections 50406 and 50896.3(b), Health and Safety Code. Reference: 24 CFR Sections 570.3(ee) and 92.451; and Sections 50896, 50896.1 and 50896.3, Health and Safety Code.

History

1. New section filed 7-2-92 as an emergency; operative 7-2-92 (Register 92, No. 28). A Certificate of Compliance must be transmitted to OAL 10-30-92 or emergency language will be repealed by operation of law on the following day.

2. New section refiled 10-23-92 as an emergency; operative 10-30-92 (Register 92, No. 43). A Certificate of Compliance must be transmitted to OAL 2-23-93 or emergency language will be repealed by operation of law on the following day.

3. New section refiled 3-2-93 as an emergency; operative 3-2-93 (Register 93, No. 10). A Certificate of Compliance must be transmitted to OAL 6-30-93 or emergency language will be repealed by operation of law on the following day.

4. Certificate of Compliance as to 3-2-93 order including renumbering and amendment of former section 8211 to section 8212 with amendment of Note and renumbering of former section 8212 to section 8213 transmitted to OAL 5-26-93 and filed 7-7-93 (Register 93, No. 28).

5. Renumbering of former section 8210 to new section 8208, and renumbering of former section 8212 to new section 8210, including amendment of section and Note filed 3-14-97; operative 3-14-97 pursuant to Government Code section 11343.4(d) (Register 97, No. 11).

6. Amendment filed 9-9-2004; operative 9-9-2004 pursuant to Government Code section 11343.4 (Register 2004, No. 37).

7. Amendment of subsection (e) and amendment of Note filed 8-12-2005; operative 9-11-2005 (Register 2005, No. 32).

8. Amendment of subsections (c)-(d) and amendment of Note filed 12-10-2007; operative 12-10-2007 pursuant to Government Code section 11343.4 (Register 2007, No. 50).

9. Amendment of subsection (d) filed 10-31-2016; operative 1-1-2017 (Register 2016, No. 45).