Current through Register Vol. 51, No. 6, March 22, 2024
A. Each application shall be submitted to the Department to determine whether all of the information required under Regulation . 04 of this chapter is contained in the application.
B. Upon receipt of all required information, the Department shall:
(1) Accept public input on each application;
(2) Consider recommendations from other State units on each application;
(3) Provide written notice and a reasonable opportunity to comment to the political subdivision where the proposed community enhancement project is located as follows:
(a) If the application affects a neighborhood entirely within a municipal corporation, the Department must provide notice and a reasonable opportunity to comment to the municipal corporation and not the surrounding county; or
(b) If an application affects a neighborhood within more than one political subdivision, the Department must provide notice and a reasonable opportunity to comment to each political subdivision; and
(4) Undertake an analysis of each application.
C. All complete applications which meet the requirements of Regulations .03 and .04 of this chapter shall be evaluated on a point basis.
D. The Department shall award up to a maximum of 200 total points across the following categories:
(1) The neighborhood revitalization plan and how the plan relates to the goals outlined in the community's larger sustainable communities plan;
(2) The description of the community conditions and the appropriateness of outlined strategies to address those conditions;
(3) The ability of each proposed community enhancement project to address identified challenges within the community; and
(4) The capacity and experience of the applicant and the applicant's partners to complete the proposals and leverage additional financing.
E. Upon the Department's completion of the review and scoring of the applications, the Department shall make a recommendation to the Secretary on the applications.
F. Upon receipt of the Department's recommendation, the Secretary:
(a) May request additional information from the applicant or Department concerning the application, including oral presentations; and
(b) Shall act on the application by approving it, disapproving it, or approving it with modifications.
G. If the Secretary determines not to approve an application, the Department shall issue a written notice of denial.
H. Reconsideration.
(1) An applicant may request initial reconsideration of a denial by submitting a written request to the Department, which must be received by the Department within 30 days following the date of the denial notice.
(2) The request for reconsideration shall address each reason for the denial and provide documentation supporting reasons for reconsideration of the application.
(3) The Department shall respond in writing to the applicant's request for reconsideration within 90 days of receipt by the Department of the request for reconsideration.
(4) An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Actor COMAR 05.01.01.02.
