1. 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. (1) The availability of State grant funds;

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

      1. (a) Sufficient total financial contribution to complete the project;
      2. (b) Control of site, such as deed or lease;
      3. (c) Compliance with applicable local zoning requirements;
      4. (d) Certification that the project site is located in a State-approved Smart Growth area;
      5. (e) Certified bid tabulation, construction contract, contract of sale, or 30-year lease agreement with landlord, contingent on Board of Public Works approval; and
      6. (f) Compliance with all other applicable provisions of State or federal law; and
   3. (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.

2. 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. (1) Stating that a notice, including information in the application, has been provided to the State Clearinghouse;
   2. (2) Stating that the application has been approved by the Secretary;
   3. (3) Stating the amount of a federal grant, if any is involved, that has been awarded to the applicant;
   4. (4) If required, stating that the local government has certified that there is no surplus public building; and
   5. (5) If required, certifying that there is no surplus public building.

Authority: Health-General Article, §§24-1001—24-1007, Annotated Code of Maryland

Effective date: December 10, 2001 (28:24 Md. R. 2128)

Regulation .02B amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .05A amended effective March 26, 2018 (45:6 Md. R. 319)

Regulation .10B amended effective March 9, 1998 (25:5 Md. R. 369); March 26, 2018 (45:6 Md. R. 319)