reglab/statecodes huggingface dataset:
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9055 - Application Form Submission

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
An Applicant shall submit a completed Application Form by the
				  date specified in the Application Form Overview and Instructions. Application
				  Forms submitted after the final filing date will not be accepted for review and
				  evaluation and will be returned. Application Forms must be submitted in
				  duplicate to the Authority. Each eligible Applicant may apply only once.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9056 - Content of Application Form

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The items listed below shall accompany the Application Form.
				  If the Applicant consists of more than one Private College, each Private
				  College shall provide these items.
(a)
				Program Description. The Applicant will fully describe the program, including
				operations, history, goals and objectives, with supporting material if
				necessary.
(b) Financial
				Information. The Applicant shall submit their audited financial statements for
				each of the last three fiscal years.
(c) Organizational Information. The Applicant
				shall submit:
1. A copy of the tax-exemption
				letter from the Internal Revenue Service.
2. A copy of the tax-exemption letter or
				Letter of Good Standing from the California State Franchise Tax
				Board.
3. Certificate of Status of
				Domestic Corporation from the Secretary of State.
4. A copy of the latest accreditation
				notification.
5. If the Private
				College requires students to take courses in religion or theology, the
				Applicant must provide a factual showing that the required courses A) are
				taught according to the academic requirements of the subject matter, B) cover a
				range of human religious experiences, C) are not limited to courses about a
				particular faith, and D) are not taught in a manner for the purpose of
				indoctrinating or proselytizing students.
6. A certification that the services provided
				by the program are open to any student, regardless of
				faith.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9057 - Application Form Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application Forms shall be reviewed and evaluated by Authority staff according
				to the selection criteria set forth under Section
				9058. An Application Form may
				receive up to a maximum of 160 points. Applications receiving less than 112
				points will not be eligible for grant funding. Application Forms shall be
				scored and ranked according to points received.
(b) In addition to the other Application Form
				criteria, a positive response or combination of positive responses to the legal
				status questionnaire may result in the Applicant becoming ineligible for a
				Grant.
(c) Authority staff shall
				consider each type of program to be of equal value.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9058 - Evaluation Criteria

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authority staff will evaluate each Application Form based on
				  the following factors.
(a) Program
				effectiveness (Maximum eighty (80) points).
Applicants shall be awarded points based on how well the
				  Grant funds would do any or all of the following:
1. Enhance or develop an existing program or
				develop a proposed program. Applicants are encouraged to establish partnerships
				with education consortiums, existing academic preparation programs, or
				businesses to help reach as many low income and very low income students as
				possible. (5 points).
2.
a. Inform pupils attending a Qualified School
				of the benefits of, and the requirements for, higher education,
b. Prepare these pupils for college entrance,
				or
c. Advance the academic standing
				of these pupils.
(Total 15 points).
3. Provide academic assistance services to
				low income students. Criteria may include the number of hours of service
				provided per student and the number of students served. (15 points).
4. Provide academic assistance services to
				very low income students. Criteria may include the number of hours of service
				provided per student and the number of students served. (15 points).
5. Provide academic assistance services in
				geographic areas that are not currently being served by similar eligible
				programs. (15 points).
6. Provide
				academic assistance services to Qualified Schools, taking into consideration
				whether schools being served are located in a Low Income Area, or Very Low
				Income Area, and whether, where applicable, the percentage of pupils who
				graduate from the school are eligible for admission to the California State
				University or the University of California is below the statewide average
				according to the most recent information from the California Postsecondary
				Education Commission. (15 points)
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9059 - Notification and Proposed Allocation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Authority staff shall rank each Application Form based on the
				  scores received, with the highest score ranking first. No Proposed Allocation
				  shall be made for applications receiving a score of 111 or less.
Authority staff may recommend that a Proposed Allocation be
				  disbursed in equal increments, in each of a maximum of three fiscal
				  years.
Authority staff shall notify each Applicant in writing of
				  their Application's ranking and the amount of the Proposed Allocation, if any,
				  subject to approval or modification by the Authority in its Allocation.
Upon approval or modification by the Authority, Authority
				  staff shall notify each Applicant in writing, stating the amount of the
				  Applicant's Allocation.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215 and
					 94215.3,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9060 - Appeals

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Availability. An Applicant may file an appeal of the Proposed Allocation. The
				grounds for any such appeal shall be limited to Applicant eligibility pursuant
				to Section 9051 and Section
				9057 or program eligibility
				pursuant to Section
				9052. No Applicant may appeal the
				Authority staff evaluation of or Allocation to another Applicant or another
				Applicant's Application Form.
(b)
				Timing. The appeal shall be submitted in writing and must be received by the
				Authority no later than ten (10) calendar days following the transmittal date
				of the notification of Proposed Allocation of each funding round.
(c) Review. Authority staff shall review the
				written appeal based upon the existing documentation submitted by the Applicant
				when the Application Form was filed and any other information Authority staff
				requests of the Applicant. Authority staff shall make a finding as to the merit
				of the appeal and shall notify the Applicant as to the decision no later than
				ten (10) calendar days after the receipt of an appeal. In the event that
				Authority staff does not approve an appeal, the Applicant may further appeal to
				the Authority. The Applicant shall notify the Executive Director in writing no
				later than ten (10) calendar days prior to the next scheduled Authority meeting
				that the Applicant shall further appeal to the Authority. Any such appeal must
				be presented by the Applicant, in person, at the same meeting of the Authority
				where the Proposed Allocations are considered for approval as Grants. Any
				decision made by the Authority shall be final.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9061 - Approval of Grant and Notification of Recipient

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
When Proposed Allocations for funding have been determined,
				  Authority staff shall recommend to the Authority at a Board Meeting the
				  Proposed Allocations for consideration and approval as Allocations. Allocations
				  approved by the Authority at the same meeting shall be awarded as Grants to
				  recipients. Recipients shall be notified within five (5) business days of the
				  Board Meeting in writing of the Grants approved.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9062 - Any Remaining Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Any Grant funds that have been allocated, but are returned
				  for any reason, will be allocated to the Applicant with the highest scoring
				  evaluation among those Applicants who did not previously receive a grant
				  allocation.
If there are any remaining funds after the Authority's
				  approval of Allocations of all eligible Private Colleges or by June 30, 20xx,
				  whichever is later, the Authority may, in its sole discretion, award grants of
				  those remaining funds to Applicants in a manner that is consistent with the
				  purposes of the Act and this Chapter.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9063 - Approval of Grant Use Change

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Notwithstanding Section
				  9056, the Authority or Authority
				  staff, as appropriate, may, on a case by case basis, consider a change in the
				  use of the Grant if the Applicant demonstrates, to the satisfaction of the
				  Authority or Authority staff, that the change is consistent with the purposes
				  of the Act.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9064 - Grant Agreements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The terms and conditions of a Grant shall be set forth in a
				  Grant Agreement executed by the Grantee and shall include, but are not limited
				  to, all of the following terms and conditions:
(a) A Grant amount not greater than
				$250,000.
(b) The Authority may
				issue up to twice the amount proposed by the applicant.
(c) A Program Funding Period not to exceed
				thirty-six (36) months from the execution date of the Grant
				Agreement.
(d) Disbursement
				procedures pursuant to Section
				9065.
(e) A provision that any unused Grant funds
				shall revert to the Authority.
(f)
				Agreement to comply with the Authority's program statutes and
				regulations.
(g) An agreement that
				the Grantee will defend, indemnify and hold harmless the Authority and the
				State, and all officers, trustees, agents and employees of the same, from and
				against any and all claims, losses, costs, damages, or liabilities of any kind
				or nature, whether direct or indirect, arising from or relating to the Grant,
				the Program or the Act.
(h) An
				agreement to comply with laws outlawing discrimination including, but not
				limited to laws prohibiting discrimination because of sex, race, color
				ancestry, religion, creed, national origin, physical disability (including HIV
				and AIDS), mental disability, medical condition (cancer or genetic
				characteristics), sexual orientation, political affiliation, position in a
				labor dispute, age, marital status, and denial of statutorily-required
				employment-related leave. A Qualified School does not comply with these laws
				may not receive Grant funds.
(i) An
				agreement that continued compliance with CEFA Academic Assistance Grant Program
				requirements is the Grantee's responsibility.
(j) An Agreement that the Grant shall only be
				used for the programs as described in the Grantee's Application.
(k) An Agreement that grant funds may not be
				used to provide an incentive, award, or reward for the enrollment of an
				individual in a particular private college.
(l) Any audit provisions.
(m) Any other provisions agreed to by the
				parties.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9065 - Release of Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) No
				Grant shall be released until the following information has been provided to
				the satisfaction of Authority staff:
1.
				Verification that all other funds, if needed, are in place to operate the
				program.
2. An executed Grant
				Agreement.
3. Documentation that
				all conditions of funding have been satisfied.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9066 - Depletion of Grant Proceeds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Grantee shall certify to the Authority when the Grant funds have been expended
				and provide a statement of sources and uses of funds for each fiscal year in
				which Grant funds were used. Grant funds must be expended within the Program
				Funding Period for which the Allocation was made.
(b) The Grantee shall return any Grant funds
				to the Authority to the extent that they have not received a Matching Amount as
				required by Section
				9053 for that program in the year
				they were expended.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9067 - Unused Funds

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In the event that any portion of the Grant is forfeited to
				  the Authority, the Authority shall distribute such forfeited funds as described
				  in Section 9062.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9068 - Audits

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
The Bureau of State Audits or Authority staff may conduct
				  periodic audits and inspections to ensure Grantees are using Grant funds
				  consistently with program requirements and the terms of the Grant Agreement for
				  approved programs. Grantees shall retain all program and financial data
				  necessary to substantiate the purposes for which the Grant funds were spent for
				  a period of three years after the final report of the status of the program has
				  been submitted.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215,
					 94215.3 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9069 - Recovery of Funds for Non-Performance

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
If the Authority determines that Grant funds were not used
				  consistent with CEFA Academic Assistance Grant Program requirements and the
				  terms of the Grant Agreement for an approved program, the Authority may require
				  remedies, including a return of all Grant funds.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215 and
					 94215.7,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 2 - The CEFA Academic Assistance Grant Program › Section 9070 - Reporting

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Applicant shall report to the Authority how funds were
				  expended in each fiscal year that Grant funds were disbursed, including a
				  statement of sources and uses of funds for the program. A final report on the
				  status of the program will be required from the Applicant at the end of the
				  fiscal year following the final year that grant funds were expended.
				  Information to be provided shall include, but not be limited to, the number of
				  students served by the program and the number of students served by the program
				  who attended or will be attending a college or university.
Grantees shall retain all program documentation and financial
				  data necessary to substantiate the purposes for which the Grant funds were
				  spent for a period of three years after the final report of the status of the
				  program has been submitted.
1. New section
				  filed 10-27-2005; operative 10-27-2005 pursuant to Government Code section
				  11343.4
				  (Register 2005, No. 43).
Note: Authority cited: Sections
					 94140 and
					 94215.7,
					 Education Code. Reference: Sections
					 94215.7 and
					 94216,
					 Education Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 3 - Qualified Scholarship Funding Corporations › Section 9071 - Purpose

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Before applying to the California Debt Limit Allocation
				  Committee for allocation of a portion of the State Ceiling pursuant to
				  Government Code Section
				  8869.82
				  and
				  8869.85,
				  an entity that is seeking to issue Qualified Scholarship Funding Bonds must
				  first obtain CEFA board approval, pursuant to Section
				  9073(a), unless
				  such entity became a qualified scholarship funding corporation as defined in
				  subsection (d) of Section
				  150 of Title 26 of the United
				  States Code prior to January 1, 2006. The Authority may in its discretion
				  determine not to grant approval to any entity regardless of whether the entity
				  meets the threshold criteria as an Eligible Candidate as defined in Section
				  9072(b). The
				  Authority will consult and coordinate with the California Debt Limit Allocation
				  Committee prior to making a final determination.
1. New chapter
				  3 (sections
				  9071-9075) and section filed
				  4-24-2007; operative 5-24-2007 (Register 2007, No. 17).
Note: Authority cited: Section
					 94140,
					 Education Code. Reference: Section
					 94103,
					 Education Code; and Sections
					 8869.82
					 and
					 8869.85,
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 3 - Qualified Scholarship Funding Corporations › Section 9072 - Definitions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
In addition to the definitions set forth in Section
				  9001, the following definitions
				  will govern the construction of this chapter:
(a) "Candidate" means a corporation seeking
				approval from the Authority to apply for an allocation of the State Ceiling for
				the purpose of issuing Qualified Scholarship Funding Bonds.
(b) "Eligible Candidate" means a Candidate
				that (A) is incorporated, authorized to operate, and operating as a nonprofit
				corporation under California law, (B) is exempt from taxation under Section
				501(c)(3) of
				Title 26 of the United States Code and Section
				23701d
				of the Revenue and Taxation Code, (C) has its principal place of business or
				one of its significant branch offices in California, (D) as required by its
				articles of incorporation and bylaws, is established and must be operated
				exclusively for the purpose of acquiring student loan notes incurred under the
				Higher Education Act of 1965, as amended and as set forth in Sections
				1070 through
				1089 of Title 20 of the United
				States Code, or any successor provisions thereto and must devote any income
				(after payment of expenses, debt service, and the creation of reserves for the
				same) to the purchase of additional student loan notes or to pay over any
				income to the United States, and (E) has served Proper Notice.
(c) "Proper Notice" means a written notice of
				intent to seek CEFA board approval under these regulations addressed to the
				Executive Director of CEFA that is received between July 1 and August 31 of any
				calendar year, unless no qualified scholarship funding corporation eligible to
				receive a transfer of the State Ceiling exists, then such written notice of
				intent may be received on any date.
(d) "Qualified Scholarship Funding Bond"
				means a bond issued by a corporation in compliance with subsection (d) of
				Section 150 of Title 26 of the United
				States Code, including any amendments thereto or any successor provision
				thereof.
(e) "State Ceiling" means
				the amount specified by subsection (d) of Section
				146 of Title 26 of the United
				States Code and as determined by the California Debt Limit Allocation Committee
				for each calendar year.
(f)
				"Student Loan" means a loan made, insured, or guaranteed under the Higher
				Education Act of 1965, as amended and as set forth in Sections
				1070 through
				1089 of Title 20 of the United
				States Code, or any successor provisions thereto.
1. New section
				  filed 4-24-2007; operative 5-24-2007 (Register 2007, No. 17).
Note: Authority cited: Section
					 94140,
					 Education Code. Reference: Section
					 94103,
					 Education Code; and Sections
					 8869.82
					 and
					 8869.85,
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 3 - Qualified Scholarship Funding Corporations › Section 9073 - Criteria to be Considered by the Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) When
				determining whether to grant CEFA board approval to an Eligible Candidate, the
				Authority will consider all of the Eligible Candidate's attributes and
				qualifications including but not limited to:
(1) Whether the members of the Eligible
				Candidate's board of directors have sufficient experience, credentials and
				qualifications in the student loan industry.
(2) Whether the Eligible Candidate's chief
				executive officer and chief financial officer have sufficient experience,
				credentials and qualifications in the student loan industry.
(3) Whether the Eligible Candidate has a
				business and/or strategic plan.
(4)
				Whether the Eligible Candidate has a marketing plan.
(5) Whether the Eligible Candidate can
				demonstrate that it has or will have sufficient staff and a sustainable
				organizational structure in California to undertake the issuance of bonds
				and/or acquisition of student loans in California.
(6) Whether the Eligible Candidate has a
				demonstrated presence in California's student loan industry.
(7) Whether the Eligible Candidate can
				demonstrate the ability to deliver competitive and comprehensive student loan
				services to the students in California.
(8) If the Eligible Candidate is seeking bond
				financing for the purpose of originating student loans, whether the entity or
				its parent corporation has demonstrated experience in originating student
				loans.
(9) If the Eligible
				Candidate is seeking bond financing for the purpose of purchasing student loans
				in the secondary market, whether the entity or its parent corporation has
				demonstrated experience in purchasing student loans in the secondary
				market.
(10) Whether the Eligible
				Candidate or its parent corporation has experienced an increase in student loan
				volume and asset base (direct origination or purchased, as applicable) in the
				previous three years.
(11) Whether
				the Eligible Candidate or its parent corporation has a demonstrated track
				record of offering competitive and comprehensive loan products.
(12) Whether the Eligible Candidate or any of
				its officers, employees or affiliates has been the subject of any
				administrative, civil or criminal enforcement action brought by a federal,
				state, or local governmental agency.
(13) If the Eligible Candidate is owned or
				controlled by, or operated under common control with, a for-profit entity,
				whether the Eligible Candidate will provide a public benefit that is not
				already being met by a Qualified Scholarship Funding Corporation, such as a
				grant program for financially needy students or an outreach program encouraging
				high school students to attend college and obtain an undergraduate
				degree.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 3 - Qualified Scholarship Funding Corporations › Section 9074 - Information to be Submitted by the Candidate to the Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
A Candidate seeking approval under this chapter must submit
				  sufficient information to the Authority in order for the Authority to determine
				  that the Candidate meets the threshold criteria of Section
				  9072(b) to be
				  considered an Eligible Candidate, and must also submit the following
				  information to the Authority to assist the Authority in making that
				  determination:
(a) Organizational
				Information.
(1) An overview of the
				Candidate, including ownership structure and all related entities.
(2) A description of the present student loan
				activity and past student loan experiences of the Candidate and, if applicable,
				its parent corporation.
(3) The
				Candidate's articles of incorporation and bylaws.
(4) Audited financial statements for each of
				the last three fiscal years.
(5) A
				resume for each board member and all key personnel, including but not limited
				to the chief executive officer and the chief financial officer, which must
				include relevant work experience, academic qualifications, and proposed
				responsibilities.
(6) A description
				of partnerships with public or private organizations that would assist the
				entity in promoting access to post-secondary education for California
				residents.
(7) A copy of the
				tax-exemption letter from the Internal Revenue Service and a copy of the
				tax-exemption letter or Letter of Good Standing from the California State
				Franchise Tax Board.
(8)
				Certificate of Status of Domestic Corporation from the Secretary of
				State.
California Code of Regulations › Title 4 - Business Regulations › Division 12 - California Educational Facilities Authority › Chapter 3 - Qualified Scholarship Funding Corporations › Section 9075 - Public Notice

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Prior to September 30 of each calendar year, the Authority
				  will compile a list of all Candidates that have served Proper Notice during the
				  calendar year pursuant to this chapter. Such list will be available to the
				  public upon request.
1. New section
				  filed 4-24-2007; operative 5-24-2007 (Register 2007, No. 17).
Note: Authority cited: Section
					 94140,
					 Education Code. Reference: Section
					 94103,
					 Education Code; and Sections
					 8869.82
					 and
					 8869.85,
					 Government Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 1 - Procedures Relating to the Authority of Officers and Members › Section 10010 - Meetings

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
Meetings will be held as follows:
(a) Regular meetings of the Authority will be
				held on the fourth Tuesday of each month at Sacramento, California unless
				otherwise ordered by the Authority.
(b) Special meetings of the Authority may be
				called by the Chairperson upon giving notice to each member, and appropriate
				notice to the public.
(c) Meetings
				of the Authority shall be held at the time and place designated by the
				Chairperson in the notice calling such meeting unless otherwise ordered or
				agreed to by the Authority.
(d) The
				Chairperson or Chairperson's designee shall preside at all meetings of the
				Authority.
(e) Except as otherwise
				provided by this article and except when all members present indicate
				otherwise, meetings of the Authority shall be conducted pursuant to the latest
				edition of Robert's Rules of Order.
(f) The agenda shall be prepared by the
				Executive Secretary, including any item submitted by any member of the
				Authority, and shall be transmitted to each member of the Authority with the
				notice of the meeting.
(g) Notice
				of all meetings will be given in accordance with the state agency meeting
				statutes (Section
				11125 of
				the Government Code).
1. New Article
				  1 (Section 10010) filed 11-13-81 as procedural
				  and organizational; effective thirtieth day thereafter (Register 81, No.
				  46).
2. Amendment of division heading filed 8-9-2016 as a deemed
				  emergency pursuant to Public Resources Code section
				  26009;
				  operative 8-9-2016 (Register 2016, No. 33). A Certificate of Compliance must be
				  transmitted to OAL by 2-6-2017 or emergency language will be repealed by
				  operation of law on the following day.
3. Amendment of division
				  heading refiled 2-7-2017 as a deemed emergency pursuant to Public Resources
				  Code section
				  26009;
				  operative 2-7-2017 (Register 2017, No. 6). A Certificate of Compliance must be
				  transmitted to OAL by 5-8-2017 or emergency language will be repealed by
				  operation of law on the following day.
4. Amendment of division
				  heading refiled 5-4-2017 as a deemed emergency pursuant to Public Resources
				  Code section
				  26009;
				  operative 5-9-2017 (Register 2017, No. 18). A Certificate of Compliance must be
				  transmitted to OAL by 8-7-2017 or emergency language will be repealed by
				  operation of law on the following day.
Note: Authority cited: Section
					 26009,
					 Public Resources Code. Reference: Sections
					 26004
					 and
					 26006,
					 Public Resources Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 1 - Procedures Relating to the Authority of Officers and Members › Section 10020 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				Authority shall charge fees for its reasonable and necessary administrative and
				program expenses, as a self sustaining agency.
(b) The following fees shall be applicable:
Application Fee. The Authority requires a non-refundable
				  application fee of .0005 (one twentieth of one percent) of the principal amount
				  of financing (but not less than $250.00 or more than $5,000.00) for each
				  project to be considered for financing. This shall be paid at the time the
				  formal application is submitted.
Administrative Fee. The Authority charges a one-time
				  administrative fee due at the closing of the financing. The original
				  application fee is credited against the administrative fee at that time.
(1) For all projects the following apply:
(A) if the financial assistance requested is
				no greater than $5,000,000.00: .005 (five tenths of one percent).
(B) if the financial assistance requested is
				greater than $5,000,000.00 and no greater than $25,000,000.00: $25,000 plus
				.003 (three tenths of one percent) of the amount over $5,000,000.00.
(C) if the financial assistance requested is
				greater than $25,000,000.00: $85,000 plus .0025 (twenty-five one hundredths of
				one percent) of the amount over $25,000,000.00.
(D) in no case shall the fee be less than
				$15,000.00 or more than $250,000.00.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10030 - Purpose and Scope

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
These regulations establish procedures for granting sales and
				  use tax exclusions to qualifying Applicants pursuant to Section
				  26011.8
				  of the Public Resources Code, which authorizes the California Alternative
				  Energy and Advanced Transportation Financing Authority (CAEATFA) to award such
				  sales and use tax exclusions.
1. New article
				  2 (sections
				  10030-10036) and section filed
				  10-4-2010 as an emergency; operative 10-4-2010 (Register 2010, No. 41). A
				  Certificate of Compliance must be transmitted to OAL by 4-4-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
2. New article 2 (sections
				  10030-10036) and section refiled
				  4-1-2011 as an emergency; operative 4-1-2011 (Register 2011, No. 13). A
				  Certificate of Compliance must be transmitted to OAL by 6-30-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
3. New article 2 (sections
				  10030-10036) and section refiled
				  6-24-2011 as an emergency; operative 6-24-2011 (Register 2011, No. 25). A
				  Certificate of Compliance must be transmitted to OAL by 9-22-2011 or emergency
				  language will be repealed by operation of law on the following
				  day.
4. Certificate of Compliance as to 6-24-2011 order, including
				  amendment of NOTE, transmitted to OAL 6-29-2011 and filed 8-10-2011; operative
				  9-28-2011 (Register 2011, No. 32).
5. Amendment filed 10-7-2013 as a
				  deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 10-7-2013 (Register 2013, No. 41). A Certificate of Compliance must
				  be transmitted to OAL by 4-7-2014 or emergency language will be repealed by
				  operation of law on the following day.
6. Amendment refiled 4-3-2014
				  as a deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 4-3-2014 (Register 2014, No. 14). A Certificate of Compliance must be
				  transmitted to OAL by 7-2-2014 or emergency language will be repealed by
				  operation of law on the following day.
7. Amendment refiled
				  6-30-2014 as a deemed emergency pursuant to Public Resources Code section
				  26009;
				  operative 6-30-2014 (Register 2014, No. 27). A Certificate of Compliance must
				  be transmitted to OAL by 9-29-2014 or emergency language will be repealed by
				  operation of law on the following day.
8. Certificate of Compliance
				  as to 6-30-2014 order transmitted to OAL 9-29-2014 and filed 11-10-2014
				  (Register 2014, No. 46).
Note: Authority cited: Section
					 26011.8,
					 Public Resources Code. Reference: Section
					 26011.8,
					 Public Resources Code; and Section
					 6010.8,
					 Revenue and Taxation Code.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10032 - Application Requirements

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Timing
				of Application submissions.
(1) The Executive
				Director will announce the application periods for the sales and use tax
				exclusion prior to the start of each calendar year on the Authority website
				found at
www.treasurer.ca.gov/CAEATFA
.
(A) The announcement will include the (1)
				application periods, (2) deadline to submit Applications for each application
				period, (3) tentative dates when the Authority will hold Board meetings to
				consider Applications, and (4) amount of sales and use tax exclusion available
				to award during each application period.
(B) The Executive Director may reschedule or
				amend any previously announced application period by providing notice on the
				Authority website and may reschedule or relocate any previously announced
				Authority Board meeting so long as the information is posted on the Authority
				website at least ten (10) days before the scheduled
				meeting.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10033 - Eligibility Requirements and Application Evaluation

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) Staff
				summary and recommendation. Following receipt of a complete Application,
				Authority staff will review each Application and prepare a summary and
				recommendation to the Authority. The summary and recommendation will include a
				calculation of the benefits of the Facility and an assessment of whether the
				proposed Facility meets the eligibility requirements.
(b) Eligibility. To be eligible for the sales
				and use tax exclusion:
(1) The Facility must
				include the purchase of tangible personal property otherwise subject to sales
				and use tax used substantially (a) for the design, manufacture, production or
				assembly of Advanced Transportation Technologies or Alternative Source
				products, components, or systems, (b) for the design, manufacture, production
				or assembly of a component of the Green Component of an Advanced Transportation
				Technology or Alternative Source product, component or system, (c) as part of
				an Advanced Manufacturing process, or (d) where at least 50.0 percent of the
				use of the Qualified Property is to process Recycled feedstock.
(A) For this purpose, "used substantially"
				shall mean that the Qualified Property must be used for the design,
				manufacture, production or assembly of Advanced Transportation Technologies or
				Alternative Source products, components, or systems; as part of an Advanced
				Manufacturing process; or to process Recycled feedstock more than 50.0 percent
				of the time.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10034 - Approval of Applications by the Authority

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Applications may be considered at meetings in accordance with the schedule
				established by the Authority pursuant to Section
				10032. The Authority will evaluate
				Applications based on the eligibility requirements contained in Section
				10033 and the summary and
				recommendation prepared by the Authority staff.
(b) For each Application, the Authority will
				determine whether the Application meets the eligibility requirements and will
				produce benefits for the State of California.
(c) Applicants that do not receive a
				recommendation for approval from the Authority staff will be notified in
				writing of the staff recommendation prior to the board meeting in which the
				Application will be considered. Applicants that do not receive a favorable
				recommendation from the staff may appeal the staff recommendation to the
				Authority. Applicants wishing to appeal the staff recommendation must notify
				the Authority of their intent to appeal the decision within five (5) business
				days of receipt of the notice containing the staff recommendation. No Applicant
				may appeal the evaluation of another Applicant's Application.
(d) Rejected Applications. Applicants whose
				Applications are not approved by the Authority will be notified in writing
				following the Authority's board meeting in which the determination was
				made.
(e) Approved Applications.
				For each approved Application, the Authority will pass a resolution including
				the following findings:
(1) The Applicant to
				be a Participating Party (Pub. Res. Code Sec.
				26003(a)(7)).
(2) The equipment proposed for the sales and
				use tax exclusion to be a "project" (Pub. Res. Code Sec.
				26011.8(b)(1)).
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10036 - Fees

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a)
				Application Fee.
(1) Except as provided in
				paragraph (5) below, every Applicant shall be required to pay an Application
				Fee.
(2) The Application Fee shall
				be equal to .0005 (one twentieth of one percent) of the total amount of
				Qualified Property identified in the Application as originally submitted. If,
				during the Application process, the Applicant reduces the amount of Qualified
				Property listed in the Application as submitted, the Applicant will not be
				entitled to a refund of the excess Application Fees paid. If the Applicant
				makes a request to CAEATFA to increase the amount of Qualified Property listed
				in a revised or amended Application, CAEATFA will require additional
				Application Fees to be submitted. The minimum Application Fee shall be $250 and
				shall not exceed $10,000.
(3) This
				fee shall be paid in a check payable to the Authority, and shall be received by
				CAEATFA within five (5) business days of the Application submission.
(4) This fee is not refundable, except in the
				event an Application is (1) only reviewed to determine its Competitive Criteria
				ranking and (2) is not fully reviewed by staff due to the Applicant's
				Competitive Criteria ranking and the oversubscription of the Statutory Cap.
				Then 75% of the Application Fee will be refunded.
(5) If the Applicant can demonstrate the
				Project is to relocate or rebuild the Applicant's Facility due to a fire,
				flood, storm, or earthquake identified in a state of emergency proclamation
				made by the California State Governor within two years of the time of
				application, the Executive Director shall waive the Application
				Fee.
California Code of Regulations › Title 4 - Business Regulations › Division 13 - California Alternative Energy and Advanced Transportation Financing Authority › Article 2 - Manufacturing Sales and Use Tax Exclusion Program › Section 10037 - Trade Secrets and Confidential Information

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
a) If
				elements of an Application or any other materials submitted to the Authority
				contain information the Applicant considers to be trade secrets, confidential,
				privileged or otherwise exempt from disclosure under the Public Records Act
				(California Government Code Section
				6250, et
				seq.), the Applicant shall assert a claim of exemption at the time of
				submission by identifying in an accompanying letter each of the items to be
				restricted. The asserted claim shall indicate the specific information within
				the Application or other materials submitted to the Authority to which the
				claim is made. Upon receipt of a Public Records Act request for documents that
				may include information the Applicant has identified as trade secret,
				confidential, privileged or otherwise exempt from disclosure, the Authority
				shall provide notice to the Applicant and provide the Applicant with three (3)
				business days to provide the Authority with an explanation as to why the
				information is not subject to disclosure pursuant to the Public Records Act.
				The Authority shall consider a claim of exemption and the basis for it, but
				retains the authority to make the final determination as to what information
				will be released under the Public Records Act. Applicants will be notified by
				the Authority prior to release of any such information.
1. New section
				  filed 8-10-2011; operative 9-28-2011 (Register 2011, No. 32).
Note: Authority: Section
					 26011.8,
					 Public Resources Code. Reference: 26011.8, Public Resources Code; and Section
					 6010.8,
					 Revenue and Taxation Code.