Utah Admin. Code 357-13-8

Current through Bulletin 2024-23, December 1, 2024

Section R357-13-8 - Procedures for the Administration of the Hotel Impact Mitigation Fund

(1) Notification of the open mitigation application period will be posted on the GOEO website.

(2) An applicant who fails to apply for mitigation during the open application period, in a format and method provided by the office, will not be eligible for mitigation funds during that fiscal year.

(3) For four consecutive years, the Hotel Impact Mitigation Fund will accept applications per Subsection 63N-2-512(5)(a)(ii). An applicant must submit a new claim application each year, and the application must reflect the direct loss for October 1^st to September 30^th of the year claimed.

(4) To be determined eligible for reimbursement from the Hotel Impact Mitigation Fund, an applicant shall demonstrate:

(a) that the applicant is a hotel built in the state before July 1, 2014;

(b) that the hotel has experienced a direct loss as defined in Subsection 63N-2-512(1)(b);

(c) that the hotel is located within one mile of the Hyatt Regency Salt Lake City located at 170 South West Temple; and

(d) to show direct loss, the applicant shall:

(i) provide the applicant's baseline income, by source, between October 1, 2018 and September 30, 2019;

(ii) provide income by source for the October 1^st to September of the claiming year

(iii) attest the information in the application is accurate;

(iv) that the applicant entered into a contract with the office for the Hotel Impact Mitigation Fund; and

(v) apply during the open application period as set forth in Subsection (1).

(5) The office shall determine if an affected hotel claims are reasonable due to an increase in the supply of hotel rooms attributable to the opening of the Hyatt Regency Salt Lake City and may deny or reduce a claim for the following reasons:

(a) an affected hotel reduces the number of rooms available in a claim year;

(b) an affected hotel reduces or suspends operations of services that provides income to the hotel; and

(c) any other reduction or suspension of operations that would differ from the continuance of operations from the baseline period, as determined by the office.

(6) The Board shall annually pay up to $2,100,000 of money in the mitigation fund:

(a) to affected hotels, on a pro rata basis, based on the amount of direct loss claimed and verified by the Office; and

(b) the processing of applications will be based on the unencumbered money available in the Hotel Impact Mitigation Fund for the fiscal year.

(7) The Board shall make any required payment within 90 days of the end of the application period, unless an applicant seeks agency review or good cause exists to extend the time.

(8) If an application for reimbursement by the Hotel Impact Mitigation Fund is denied, the entity may seek review by the Executive Director of the Governor's Office of Economic Opportunity, using the procedures set forth in the Utah Administrative Procedures Act, Section 63G-4-301. Within five business days of receiving notice from the Office that the application has been denied, the applicant must file a review.

Utah Admin. Code R357-13-8

Adopted by Utah State Bulletin Number 2016-7, effective 3/14/2016

Amended by Utah State Bulletin Number 2021-23, effective 11/22/2021

Amended by Utah State Bulletin Number 2024-03, effective 1/25/2024