Cal. Code Regs. tit. 4 § 5035

Current through Register 2024 Notice Reg. No. 43, October 25, 2024

Section 5035 - Preliminary Recommendations

(a) At least twenty-five (25) calendar days prior to any meeting at which the Committee is to award Allocations, the Executive Director shall publish a preliminary list of Applicants for which the Executive Director expects to recommend an Allocation (and the amount of those Allocations). During competitive rounds, the following procedures shall be followed for the Qualified Residential Rental Program:

(1) Within ten (10) calendar days after the application due date, a list of applicants, project names, project locations, selected pools and set asides, geographic regions, and requested Allocations and all reported self-scoring totals and tiebreaker scores shall be published on the Committee's website as provided in section 5140.

(2) Projects will be evaluated and ranked based on information submitted in the application. Only applications that are substantially complete and self-score high enough to receive an Allocation shall be reviewed. Prior to publishing the preliminary recommendation list on the Committee's website, Applicants and developers/sponsors shall be notified of their preliminary score and the reasons for any modifications from the Applicant's Self-Scoring Worksheet. That notice, or a subsequent notice, may also contain completeness and/or feasibility defects determined during the application evaluation. Notices shall only be sent for projects that self-score high enough to receive an Allocation. Applicants shall have five (5) calendar days to appeal such notice. Appeals shall be addressed to the Executive Director in writing. The Executive Director shall have ten (10) calendar days to issue a final determination. If an Applicant is unsatisfied with the final determination, the Applicant may appeal to the Committee.

(3) The process specified in paragraph 2 above shall be used to produce a list of Applicants for which the Executive Director expects to recommend an Allocation, subject to any pending appeals that may be heard by the Committee.

Cal. Code Regs. Tit. 4, § 5035

Note: Authority cited: Section 8869.94, Government Code. Reference: Section 8869.84(c), Government Code.

1. New section filed 7-12-2010 as an emergency pursuant to Government Code section 8869.94; operative 7-12-2010 (Register 2010, No. 29). A Certificate of Compliance must be transmitted to OAL by 1-10-2011 or emergency language will be repealed by operation of law on the following day.
2. New section refiled 1-6-2011 as an emergency pursuant to Government Code section 8869.94; operative 1-6-2011 (Register 2011, No. 1). A Certificate of Compliance must be transmitted to OAL by 4-6-2011 or emergency language will be repealed by operation of law on the following day.
3. New section refiled 4-1-2011 as an emergency pursuant to Government Code section 8869.94; operative 4-6-2011 (Register 2011, No. 13). A Certificate of Compliance must be transmitted to OAL by 7-5-2011 or emergency language will be repealed by operation of law on the following day.
4. Certificate of Compliance as to 4-1-2011 order, including new section heading, renumbering of former section 5035 to section 5034 and renumbering of former section 5036 to section 5035, transmitted to OAL 6-2-2011 and filed 7-1-2011 (Register 2011, No. 26).
5. Amendment of subsection (a) filed 12-1-2017 as an emergency; operative 12-1-2017 (Register 2017, No. 48). A Certificate of Compliance must be transmitted to OAL by 5-30-2018 or emergency language will be repealed by operation of law on the following day.
6. Amendment of subsection (a) refiled 5-25-2018 as an emergency; operative 5/31/2018 (Register 2018, No. 21). A Certificate of Compliance must be transmitted to OAL by 8-29-2018 or emergency language will be repealed by operation of law on the following day.
7. Certificate of Compliance as to 5-25-2018 order transmitted to OAL 8-9-2018 and filed 9/21/2018 (Register 2018, No. 38).
8. Amendment of subsection (a) filed 2-19-2020 as an emergency; operative 2/19/2020 (Register 2020, No. 8). A Certificate of Compliance must be transmitted to OAL by 8-17-2020 or emergency language will be repealed by operation of law on the following day.
9. Emergency filed 2-19-2020 extended 60 days pursuant to Executive Order N-40-20 and an additional 60 days pursuant to Executive Order N-71-20 (Register 2020, No. 35). A Certificate of Compliance must be transmitted to OAL by 12-15-2020 or emergency language will be repealed by operation of law on the following day.
10. Amendment of subsection (a) refiled 12-14-2020 as an emergency; operative 12/14/2020. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2020, No. 51). A Certificate of Compliance must be transmitted to OAL by 7-13-2021 or emergency language will be repealed by operation of law on the following day.
11. Amendment filed 2-1-2021 as an emergency pursuant to Governmental Code section 8869.94; operative 2/1/2021. Emergency expiration extended 60 days (Executive Order N-40-20) plus an additional 60 days (Executive Order N-71-20) (Register 2021, No. 6). A Certificate of Compliance must be transmitted to OAL by 11-30-2021 or emergency language will be repealed by operation of law on the following day.
12. Amendment of subsection 2. filed 5-10-2021 as an emergency; operative 5/10/2021 (Register 2021, No. 20). Emergency expiration extended 60 calendar days pursuant to Executive Order N-40-20 plus an additional 60 calendar days pursuant to Executive Order N-71-20. A Certificate of Compliance must be transmitted to OAL by 3-8-2022 or emergency language will be repealed by operation of law on the following day.
13. Refiling of 2-1-2021 order on 12-3-2021 as an emergency; operative 12/3/2021 (Register 2021, No. 49). A Certificate of Compliance must be transmitted to OAL by 3-3-2022 or emergency language will be repealed by operation of law on the following day.
14. Certificate of Compliance as to 5-10-2021 and 12-3-2021 orders transmitted to OAL 4-11-2022 and filed 5/23/2022 (Register 2022, No. 21).
15. Amendment filed 8-1-2022 as an emergency; operative 8/1/2022 (Register 2022, No. 31). A Certificate of Compliance must be transmitted to OAL by 1-30-2023 or emergency language will be repealed by operation of law on the following day.
16. Amendment refiled 2-9-2023 as an emergency; operative 2/9/2023 (Register 2023, No. 6). A Certificate of Compliance must be transmitted to OAL by 5-10-2023 or emergency language will be repealed by operation of law on the following day.
17. Certificate of Compliance as to 2-9-2023 order, including further amendment of subsections (a)-(a)(2), transmitted to OAL 4-18-2023 and filed 5-31-2023; amendments effective 5/31/2023 pursuant to Government Code section 11343.4(b)(3) (Register 2023, No. 22).
18. Amendment of subsection (a)(1) filed 9-26-2024; operative upon adoption by the California Debt Limit Allocation Committee on 8/6/2024 pursuant to Government Code section 8869.94(c). Submitted to OAL for filing and printing only pursuant to Government Code section 11343.8 (Register 2024, No. 39).