1. (1) The daily fee required by Sections 10-9a-408 and 17-27a-408 for a noncompliant report shall begin to accrue the day after:

   1. (a) the reporting deadline, if the reporting entity fails to submit a required report; or
   2. (b) the deadline to cure deficiencies described in a notice of noncompliance, if the reporting entity fails to cure a deficiency.

2. (2)(a) If a reporting entity requests an appeal, and the appeal board reverses the division's determination of noncompliance, accrued noncompliance fees will be waived.

   1. (b) If a reporting entity requests an appeal, and the appeal board affirms the division's determination of noncompliance, the daily fee will accrue in accordance with Subsection R990-300-11(1).

3. (3) Fees will accrue until the reporting entity submits a timely and compliant moderate income housing report for the next reporting period.

   1. (a) Fee accrual will not end earlier than the day before the start of the next reporting period.

   2. (b) Fee accrual will pause on the day before the day the division receives the report and remain paused while the division determines whether the report is compliant.

      1. (i) If the division determines the report is compliant, fee accrual will end on the day before the day the division received the compliant report.
      2. (ii) If the division determines the report is noncompliant, fee accrual will resume from the day the reporting entity submitted the noncompliant report.

   3. (c) If the reporting entity requests an appeal of the division's determination under Subsection R990-300-11(3)(b), fee accrual will pause on the day before the day the appeal is received and remain paused while the appeal board considers the appeal.

      1. (i) If the appeal board reverses the division's determination of noncompliance, fee accrual will end on the day before the day the division received the compliant report.
      2. (ii) If the appeal board affirms the division's determination of noncompliance, fee accrual will resume from the day the reporting entity submitted the appeal.

4. (4)(a) The division will send a notice to a reporting entity subject to daily fees that the fee balance must be paid to the Olene Walker Housing Loan Fund within 60 days of the date the notice is sent.

   1. (b) A reporting entity that fails to pay an outstanding fee balance to the Olene Walker Housing Loan Fund will be noncompliant.

KEY: moderate income housing reports

Date of Last Change: August 1, 2024

Notice of Continuation: August 15, 2024

Authorizing, and Implemented or Interpreted Law: 35A-8-803; 10-9a-408; 17-27a-408