1 Del. Admin. Code § 1501-8.0

Current through Reigster Vol. 28, No. 6, December 1, 2024

Section 1501-8.0 - Approval Process

8.1 Timing. the Commission or Commission's designee shall use its reasonable best efforts to complete its review of the application and to forward the application to the chairperson for preliminary approval or disapproval within 60 days from the date it deems an application complete.

8.2 Chairperson Acceptance; Scheduling. Applications which are recommended for approval and the corresponding application evaluation report shall be reviewed for completeness by the chairperson and then scheduled for Commission review at the next available public meeting of the Commission unless the application or application evaluation report is deemed incomplete by the chairperson. Incomplete applications or application evaluation reports shall be returned to the Commission or Commission's designee for timely notification to the applicant in order to allow a reasonable opportunity to provide the Commission any additional or supplemental information.

8.3 Submission to Commission. Upon preliminary review by the chairperson, an application and an applicant evaluation report shall be submitted to the Commission for consideration, and the Commission shall vote whether to approve, disapprove, or table a vote on whether to approve an application.

8.4 Final Approval and Findings

8.4.1 If approved by the affirmative vote of a majority of Commission members present at a meeting, the approval shall be final ("final approval"). Applications that have received final approval will be submitted to the Commission's legal counsel for negotiation of an appropriate agreement which complies with the requirements of the law and this regulation.

8.4.2 Finality; Change in Circumstances

8.4.2.1 Final approval shall constitute official action on the part of the Commission.

8.4.2.2 Final approval may be withdrawn at any time prior to the disbursement of funds if the Commission determines that:

8.4.2.2.1 The applicant's circumstances have changed adversely since the date of final approval or since completion of the application, and that adverse change did not come to the Commission's attention prior to final approval; or

8.4.2.2.2 The application contained a statement that was materially false or failed to include information necessary to prevent the application from being materially false.

8.5 Tier Zero and Tier One Applications; Limitation on Approval. Notwithstanding any other provision of this regulation to the contrary, the Commission may not approve:

8.5.1 A tier zero application which itself, or in combination with any previously approved tier zero application, causes or results in a distribution of funds or encumbers an amount of funds greater than 20% of the total amount of money available in the Fund on the first day of July of the year in which an application is submitted for approval.

8.5.2 A tier one application which itself or in combination with any previously approved tier one application causes or results in a distribution of funds or encumbers an amount of funds greater than 80% of the total amount of money available in the Fund on the first day of July of the year in which an application is submitted for approval.

8.5.3 A tier zero application which requests an amount of grant funds greater than 20% of the aggregate amount of incurred expenses set forth in that tier zero application.

8.5.4 A tier one application which requests an amount of grant funds greater than 30% of the aggregate amount of incurred expenses set forth in that tier one application.

8.6 Final approval will be effective for a period not to exceed 1 year from the last date of the Commission meeting when an application was approved, and a written agreement setting forth the terms and conditions by which an applicant may receive a distribution from the Fund must be executed no later than 1 year following the date of final approval. The Commission may make limitations or grant extensions with respect to this 1-year period.

1 Del. Admin. Code § 1501-8.0

26 DE Reg. 1048 (6/1/2023) (final)