Md. Code Regs. 05.03.01.18

Current through Register Vol. 51, No. 24, December 2, 2024

Section 05.03.01.18 - Program Operation and Administration

A. Loan Documentation. Loans shall be made using standard forms prescribed by the Program.

B. Program Fund Allocations.

(1) The Secretary may reserve all or any portion of the Program funds at any time for any purpose.

(2) The Secretary also may restrict the use of all or a portion of the unreserved Program funds so that funds are made available:

(a) For a particular purpose consistent with Program goals;

(b) For limited times or geographic areas;

(c) To meet certain economic or other emergencies; or

(d) To one of the other loan programs operated under the Maryland Home Financing Program described in Regulation .02B of this chapter, or to the Settlement Expense Loan Program described in COMAR 05.03.04.

(3) To the extent that Program funds are not reserved or restricted under §B(1) or (2) of this regulation, or encumbered under a forward commitment made under Regulation .15 or .16 of this chapter, the Program may make funds available to eligible loan applicants on a first-come, first-served basis. However, the Program is not obligated to make loans generally available or to make a specific loan.

C. Delegation of Authority. An action or decision required or permitted to be taken or made by the Department under the Act or these regulations, except for actions when the Secretary is designated, may be delegated by the Secretary.

D. Operational Manuals. The Department may establish from time to time operational handbooks or manuals governing matters relating to the program, including descriptive statements of program procedures which do not affect directly the rights of, or the procedures available to, the public.

E. Loan Servicing and Origination. The Department may enter into servicing agreements with mortgage loan servicers acceptable to the Department.

F. Waiver. The Secretary may waive or vary particular provisions of these regulations to the extent that the waiver is not inconsistent with the Act if:

(1) Conformance to the requirements of any federal, State, or local programs in connection with a loan necessitates waiver or variance of a regulation; or

(2) In the written determination of the Secretary, the application of a regulation in a specific case or in an emergency situation would be inequitable or contrary to the purpose of the Act.

G. Reconsideration. An applicant or developer dissatisfied with any decision of the Program may request reconsideration by writing to the Director of the Program. An initial decision or reconsideration of a decision is not a contested case within the meaning of the Administrative Procedure Act or COMAR 05.01.01.

H. Agreements with Political Subdivisions. The Program may enter into agreements with political subdivisions to perform loan application intake services if the political subdivision meets the minimum criteria established by the Department.

Md. Code Regs. 05.03.01.18

Regulations .18 amended effective September 1, 1974 (1:2 Md. R. 112)
Regulations .18 amended effective July 23, 1975 (2:16 Md. R. 1138)