reglab/statecodes huggingface dataset:
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-4 - STATE GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM GEORGIAHERITAGE GRANTS › Rule 110-37-4-.01 - Georgia Heritage Grants Historic Preservation Grants Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Statutory
				Basis:
The Georgia Heritage Grants historic preservation grants program
				is established in accordance with and under the authority provided to the
				Georgia Department of Community Affairs by O.C.G.A. §
									12-3-5, §
									12-3-50.1, and §
									12-3-58.
(2)
Purpose:
The purpose of the
				Georgia Heritage Grants historic preservation grants program is to encourage
				the preservation of historic properties, to stimulate economic development and
				neighborhood revitalization, to support community preservation projects that
				provide a public benefit, and to assist local communities in developing sound
				preservation projects.
(3)
Program Administration:
(a) The
				Georgia Department of Community Affairs - Historic Preservation Division (HPD)
				shall develop procedures, applications, forms, contracts, and other materials
				as necessary to administer the Georgia Heritage Grants program, which shall
				include, but not be limited to: establishing timelines and deadlines on an
				annual, cyclical basis for announcing grant application availability,
				application due date, project awards date, project reporting dates, and project
				completion date; developing application and project review procedures;
				establishing minimum requirements for project management of grants by
				recipients; developing guidance and informational materials, including
				providing definitions; and developing policies and procedures to rescind grant
				awards for non-performance and to re-award recaptured funds.
(b) Notice of the start of the grant cycle
				shall be posted by the fourth Friday in April through HPD's electronic
				newsletter, website posting, and by other means as determined appropriate by
				HPD. The notice shall include, at a minimum, a summary description of the grant
				program and eligibility and eligible activities requirements, date of
				application availability, deadline for submitting applications, and directions
				for obtaining an application.
(c)
				Grant application forms and instructions shall be available in electronic
				format; paper format application materials shall be available upon
				request.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-4 - STATE GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM GEORGIAHERITAGE GRANTS › Rule 110-37-4-.02 - General Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
(a) Individual grant award limits will be
				established and announced for each grant cycle based on available funding.
				Recipients must provide a cash match equal to 40% of the approved total project
				cost, as defined by HPD.
(b)
				Recipients may be required to attend a grant workshop immediately after grant
				awards are announced.
(c)
				Grant-assisted project work must follow recognized applicable preservation
				standards and techniques as provided for in the
Secretary of the
				Interior's Standards for Archeology and Historic Preservation.
These
				include: 1) Standards and Guidelines for Preservation Planning, 2) Standards
				and Guidelines for Identification, 3) Standards and Guidelines for Evaluation,
				4) Standards and Guidelines for Registration, 5) Standards and Guidelines for
				Historical Documentation, 6) Standards and Guidelines for Architectural and
				Engineering Documentation, 7) Standards and Guidelines for Archeological
				Documentation, 8) Standards for the Treatment of Historic Properties, 9)
				Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10)
				Historic Preservation Professional Qualification Standards.
(d) Recipients must execute a grant agreement
				with HPD and comply with all its provisions, including maintaining complete
				financial records for all activities covered by the grant agreement and
				providing an audited report after completion of the project.
1. Adequate progress toward completion of the
				project must be documented by the recipient and approved by HPD before payment
				of intermediate reimbursements.
2.
				Twenty (20) percent of the grant funds shall be withheld until HPD approval of
				the completed project.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-4 - STATE GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM GEORGIAHERITAGE GRANTS › Rule 110-37-4-.03 - Application Procedures

Current through Rules and Regulations filed through June 27, 2024
(a) Applicants shall make application to the
				Historic Preservation Division, Georgia Department of Community Affairs, by
				specified deadlines, on current state fiscal year grant application forms, and
				in the manner and format provided for in the grant application
				instructions.
(b) At the sole
				discretion of HPD, a prior year application form for an unfunded project may be
				accepted in lieu of a current state fiscal year application form, provided that
				the scope of the proposed project is unchanged and other information is current
				or updated, including project contact and administrator information, authorized
				signatures, and matching fund resolution.
O.C.G.A. §§
											12-3-5,
				  12-3-32,
				  12-3-50.1,
				  12-3-50.2.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-4 - STATE GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM GEORGIAHERITAGE GRANTS › Rule 110-37-4-.04 - Selection Criteria

Current through Rules and Regulations filed through June 27, 2024
(a) Applications will be reviewed by a
				committee composed of HPD staff.
(b) Proposed projects shall be evaluated by
				the following criteria:
1. Resource meets
				eligibility requirements
2. Project
				concept is appropriate for resource
3. Project design is consistent with
				applicable preservation and/or professional standards
4. Project fills demonstrated preservation
				need
5. Project provides a public
				benefit
6. Resource is
				exceptionally significant or one of a few surviving examples of an important
				type
7. Resource is of a type
				identified by HPD as having a high priority for preservation
				assistance
8. Statewide
				distribution of projects in applicant pool
9. Urgency of need/degree to which the
				historic resource is threatened
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-5 - FEDERAL GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM HISTORIC PRESERVATION FUNDGRANTS › Rule 110-37-5-.01 - Historic Preservation Fund Preservation Grants Program

Current through Rules and Regulations filed through June 27, 2024
(1)
Statutory Basis:
The
				Historic Preservation Fund preservation grants program is established in
				accordance with and under the authority provided to the Georgia Department of
				Community Affairs by the National Historic Preservation Act, as amended
				(16 USC
				470), O.C.G.A. §
									12-3-5, §
									12-3-50.1, and §
									12-3-58.
(2)
Purpose:
The purpose of the
				Historic Preservation Fund preservation grants program is to provide financial
				assistance for projects that encourage the preservation of historic properties,
				that support the programs and services authorized in the National Historic
				Preservation Act, that strengthen community abilities for developing sound
				preservation projects, and that address the goals and objectives of the State
				Historic Preservation Plan. These federal grants are available through the
				Historic Preservation Fund, as authorized by the National Historic Preservation
				Act, appropriated by the U.S. Congress, and administered by the National Park
				Service, U.S. Department of the Interior.
(3)
Program Administration:
(a) The Georgia Department of Community
				Affairs- Historic Preservation Division (HPD) shall develop procedures,
				applications, forms, contracts, and other materials as necessary to administer
				the Historic Preservation Fund Grants program, which shall include, but not be
				limited to: establishing timelines and deadlines on an annual, cyclical basis
				for announcing grant application availability, application due date, project
				awards date, project reporting dates, and project completion date; developing
				application and project review procedures; establishing minimum requirements
				for project management of grants by recipients; developing guidance and
				informational materials, including providing definitions; and developing
				policies and procedures to rescind grant awards for non-performance and to
				re-award recaptured funds.
(b)
				Notice of the start of the grant cycle shall be posted by the first Friday in
				December through HPD's electronic newsletter, website posting, and by other
				means as determined appropriate by HPD. The notice shall include, at a minimum,
				a summary description of the grant program and eligibility and eligible
				activities requirements, date of application availability, deadline for
				submitting applications, and directions for obtaining an application.
(c) Grant application forms and instructions
				shall be available in electronic format; paper format application materials
				shall be available upon request.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-5 - FEDERAL GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM HISTORIC PRESERVATION FUNDGRANTS › Rule 110-37-5-.02 - General Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
(a) Ten percent of the total annual Historic
				Preservation Fund allocation for Georgia must be awarded to Certified Local
				Governments. Individual grant award limits will be established and announced
				for each grant cycle based on available funding. Recipients must provide a cash
				or
in-kind
match equal to 40% of the approved total project
				cost, as defined by HPD.
(b)
				Recipients may be required to attend a grant workshop immediately after grant
				awards are announced.
(c)
				Grant-assisted project work must follow recognized applicable preservation
				standards and techniques as provided for in the
Secretary of the
				Interior's Standards for Archeology and Historic Preservation.
These
				include: 1) Standards and Guidelines for Preservation Planning, 2) Standards
				and Guidelines for Identification, 3) Standards and Guidelines for Evaluation,
				4) Standards and Guidelines for Registration, 5) Standards and Guidelines for
				Historical Documentation, 6) Standards and Guidelines for Architectural and
				Engineering Documentation, 7) Standards and Guidelines for Archeological
				Documentation, 8) Standards for the Treatment of Historic Properties, 9)
				Standards and Guidelines for the Rehabilitation of Historic Buildings, and 10)
				Historic Preservation Professional Qualification Standards.
(d) Recipients must execute a grant agreement
				with HPD and comply with all its provisions, including maintaining complete
				financial records for all activities covered by the grant agreement and
				providing an audited report after completion of the project.
1. Adequate progress toward completion of the
				project must be documented by the recipient and approved by HPD before payment
				of intermediate reimbursements.
2.
				Twenty (20) percent of the grant funds shall be withheld until HPD approval of
				the completed project.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-5 - FEDERAL GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM HISTORIC PRESERVATION FUNDGRANTS › Rule 110-37-5-.03 - Application Procedures

Current through Rules and Regulations filed through June 27, 2024
(a) Applicants shall make application to the
				Historic Preservation Division, Georgia Department of Community Affairs, by
				specified deadlines, on current federal fiscal year grant application forms,
				and in the manner and format provided for in the grant application
				instructions.
(b) At the sole
				discretion of HPD, a prior year submitted application for an unfunded project
				may be accepted in lieu of a current/new federal fiscal year application form,
				provided that the scope of the proposed project is unchanged and other
				information is current or updated, including project contact and administrator
				information, authorized signatures, and matching fund resolution.
O.C.G.A. §§
											12-3-5,
				  12-3-32,
				  12-3-50.1,
				  12-3-50.2,
				  12-3-58.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-5 - FEDERAL GRANTS PROGRAM-HISTORIC PRESERVATION GRANTS PROGRAM HISTORIC PRESERVATION FUNDGRANTS › Rule 110-37-5-.04 - Evaluation & Selection Criteria

Current through Rules and Regulations filed through June 27, 2024
(a) Applications will be reviewed by a
				committee composed of HPD staff.
(b) Proposed
Survey &
				Planning
projects shall be evaluated by the following criteria:
1. Project or activity is appropriate in
				relation to previous and/or future preservation activities
2. Project or activity is consistent with
				applicable preservation and/or professional standards and methodology
3. Project or activity fills demonstrated
				preservation need
4. Project or
				activity provides a public benefit
5. Project or activity is of a type
				identified by HPD as having a high priority for preservation
				assistance
6. Statewide
				distribution of projects in applicant pool
7. Urgency of need/degree to which the
				(potential) historic resource/area is threatened
8. Project or activity is an ongoing,
				recurring, or concluding project or activity that is identified by HPD as also
				beneficial to HPD programs/outreach activities
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.02 - Program Administration

Current through Rules and Regulations filed through June 27, 2024
(1) The Historic Preservation Division of the
				Georgia Department of Community Affairs shall develop applications, forms, and
				other materials as necessary to administer eligibility and certification for
				the Georgia State Income Tax Credit Program for Rehabilitated Historic Property
				provided by O.C.G.A. §
									48-7-29.8.
(2) The Division may utilize any relevant
				guidance materials for use in reviewing projects and providing guidance to
				applicants.
O.C.G.A. §
											48-7-29.8.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.03 - Program Benefits and Limitations; Substantial Rehabilitation

Current through Rules and Regulations filed through June 27, 2024
(1) The amount of the credit shall be
				determined pursuant to O.C.G.A. Sec.
				48-7-29.8.
(a) For all certified rehabilitations the
				amount of the credit equals 25% of qualified rehabilitation
				expenditures.
(b) For certified
				rehabilitation of a historic home in a HUD designated target area the amount of
				the credit equals 30% of qualified rehabilitation expenditures.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.04 - Requirements for Preliminary and Final Certification of Rehabilitated Historic Properties; Certification Procedures

Current through Rules and Regulations filed through June 27, 2024
(1) In order to be eligible for certification
				as rehabilitated historic property:
(a) A
				property must be a certified structure; and
(b) The rehabilitation must be a certified
				rehabilitation; and
(c) A property
				must be substantially rehabilitated.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.05 - Certification of Historic Significance

Current through Rules and Regulations filed through June 27, 2024
(1) Requests for certifications of historic
				significance should be made by the owner to determine:
(a) That a property is individually listed in
				the Georgia Register of Historic Places; or
(b) That a property for which individual
				listing in the Georgia Register is imminent appears, before the start of
				rehabilitation, to meet Georgia Register criteria and possess historic
				integrity; or
(c) That a property
				is located within a Georgia Register-listed historic district and contributes,
				before the start of rehabilitation, to the historic significance of such
				district; or
(d) That a property is
				located within a potential historic district and appears, before the start of
				rehabilitation, to contribute to the significance of such district.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.07 - Certifications of Rehabilitation

Current through Rules and Regulations filed through June 27, 2024
(1) Owners who want rehabilitation projects
				for certified structures to be certified by the Department as being consistent
				with the historic character of the structure, and, where applicable, the
				district in which the structure is located, thus qualifying as a certified
				rehabilitation, shall comply with the following procedures:
(a) Complete and submit Part A - Preliminary
				Certification according to instructions accompanying the application. The Part
				A Description of Rehabilitation section may describe a proposed rehabilitation
				project, a project in progress, or a completed project. Owners are strongly
				encouraged to submit the application prior to undertaking any rehabilitation
				work.
1. Owners who undertake rehabilitation
				projects without prior approval from the Department do so strictly at their own
				risk.
2. Because the circumstances
				of each rehabilitation project are unique to the particular certified structure
				involved, certifications that may have been granted to other rehabilitations
				are not specifically applicable and may not be relied on by owners as
				applicable to other projects.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.09 - Revocation and Recapture

Current through Rules and Regulations filed through June 27, 2024
(1) The credit allowed for a certified
				rehabilitation is subject to revocation by the Department of Revenue in the
				event:
(a) The Department, on inspection
				within three years after completion of the project, determines that
				certification as a certified rehabilitation should be revoked because the
				project was not undertaken as represented by the owner in his or her
				application and supporting documentation, or the owner, upon obtaining final
				certification, undertook further unapproved project work inconsistent with the
				Standards.
(b) The Department, on
				inspection within three years after completion of the project, determines that
				certification as a certified structure should be revoked because the project
				was not undertaken as represented by the owner in his or her application and
				supporting documentation, or the owner, upon obtaining final certification,
				undertook further unapproved project work that caused the property to lose
				those qualities that caused it to be individually listed or designated a
				certified structure as a contributing property within a listed historic
				district.
(c) For circumstances
				described in subparagraph (1)(a) and (1)(b) of this rule, the owner shall
				reimburse the entire amount of the credit to the Department of
				Revenue.
(d) In the event
				revocation is required pursuant to this rule, the taxpayer shall file an
				amended income tax return within the latter of 60 days of revocation of
				certification as a certified rehabilitation or certified structure or final
				decision of an appeal.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.10 - Effective Date

Current through Rules and Regulations filed through June 27, 2024
(1) The Georgia State Income Tax Credit
				Program for Rehabilitated Historic Property shall become effective as of
				January 1, 2004. Rehabilitation projects initiated before this date will not be
				considered for the Program under any circumstances.
(2) Georgia State Income Tax Credit Program
				for Rehabilitated Historic Property rules as amended shall be applicable to
				taxable years beginning on or after January 1, 2009. Certified rehabilitation
				projects completed after this date shall be subject to such amended rules and
				law that are in effect for taxable years beginning on or after January 1,
				2009.
(3) Georgia State Income Tax
				Credit Program for Rehabilitated Historic Property rules as amended shall be
				become effective as of January 1, 2016 for projects applying for credits
				allowed by O.C.G.A. §
									48-7-29.8(c)(2),
				for projects where Part A - Preliminary Certification applications are received
				on or after January 1, 2016, or for projects where Part B - Final Certification
				applications are received on or after January 1, 2017 for projects completed on
				or after January 1, 2017.
(4) Rules
				in effect at the time any portion of O.C.G.A. §
									48-7-29.8 is repealed by the
				General Assembly shall remain in effect for those portions of this chapter
				where they are still applicable.
O.C.G.A. §
											48-7-29.8.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-37 - HISTORIC PRESERVATION › Subject 110-37-6 - GEORGIA STATE INCOME TAX CREDIT PROGRAM FOR REHABILITATED HISTORIC PROPERTY › Rule 110-37-6-.11 - Fees for Processing Certification Requests

Current through Rules and Regulations filed through June 27, 2024
(1) For applications received by the Division
				prior to January 1, 2016:
(a) Fees are
				charged for reviewing Part A - Preliminary Certification Applications. The fee
				for review of proposed, ongoing, or completed rehabilitation projects is
				$50.00. If the applicant is applying for the Georgia Preferential Property Tax
				Assessment Program provided by O.C.G.A.
				48-5-7.2 and the Georgia State
				Income Tax Credit Program provided by O.C.G.A.
				48-7-29.8, then the fee for review
				of proposed, ongoing, or completed rehabilitation projects is $75.00 for both
				programs.
(b) Payment shall be made
				when the application is submitted to the Division for review. Fees are payable
				only by a cashier's check or money order. Checks should be made payable to the
				Georgia Department of Natural Resources. Preliminary Certification decisions
				will not be issued on an application until the appropriate remittance is
				received. All fees are non-refundable.
(c) Each rehabilitation of an individual
				certified structure will be considered a separate project for purposes of
				computing fees.
(d) In the case of
				a rehabilitation project which includes more than one building where the
				buildings are judged by the Department to have been functionally related
				historically and with distinct primary/secondary hierarchical and proportional
				relationships and so collectively are a single certified structure, the fee is
				$50.00 or $75.00, whichever is applicable.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-38 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM › Subject 110-38-1 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM REGULATIONS › Rule 110-38-1-.01 - Name

Current through Rules and Regulations filed through June 27, 2024
The name of this program is the Georgia State Small Business
				  Credit Initiative 2.0. This program is divided into five sub-programs as
				  follows: the Georgia Loan Participation Program, the Georgia Small Business
				  Credit Guarantee Program, the Georgia CDFI Program, the Georgia Venture Capital
				  Program, and the Georgia Equity Direct Program.
O.C.G.A.
				  §§
											50-8-3,
				  50-8-8.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-38 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM › Subject 110-38-1 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM REGULATIONS › Rule 110-38-1-.03 - Eligible Applicants and Activities

Current through Rules and Regulations filed through June 27, 2024
Each lender or investor must obtain an assurance from the
				  borrower affirming:
(1) The loan or
				investment proceeds must be used for a "business purpose." A business purpose
				includes, but is not limited to, start-up costs, working capital, franchise
				fees, and acquisition of equipment, inventory, or services used in the
				production, manufacturing, or delivery of a business's goods or services, or in
				the purchase, construction, renovation, or tenant improvements of an eligible
				place of business that is not for passive real estate investment purposes.
				SSBCI funds may be used to purchase any tangible or intangible assets except
				goodwill. The term "business purpose" excludes acquiring or holding passive
				investments in real estate; the purchase of securities except as permitted in
				certification (2)(d) below; and lobbying activities (as defined in Section 3
				(7) of the Lobbying Disclosure Act of 1995,
				P.L.
				104-65, as amended (2 U.S.C. §
										1602(7)).
(2) The loan or investment proceeds will not
				be used to:
(a) repay delinquent federal or
				state income taxes unless the borrower or investee has a payment plan in place
				with the relevant taxing authority; or
(b) repay taxes held in trust or escrow,
				e.g., payroll or sales taxes; or
(c) reimburse funds owed to any owner,
				including any equity investment or investment of capital for the business'
				continuance; or
(d) purchase any
				portion of the ownership interest of any owner of the business, except for the
				purchase of an interest in an employee stock ownership plan qualifying under
				section 401 of the Internal Revenue Code, worker cooperative, or related
				vehicle, provided that the transaction results in the employee stock ownership
				plan or other employee-owned entity holding a majority interest (on a fully
				diluted basis) in the business.
Compilation of Rules and Regulations of the State of Georgia › Department 110 - RULES OF GEORGIA DEPARTMENT OF COMMUNITY AFFAIRS › Chapter 110-38 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM › Subject 110-38-1 - GEORGIA STATE SMALL BUSINESS CREDIT INITIATIVE 2.0 PROGRAM REGULATIONS › Rule 110-38-1-.04 - Terms and Conditions

Current through Rules and Regulations filed through June 27, 2024
The following are the general terms and conditions of the
				  five programs for the Georgia State Small Business Credit Initiative.
(1) Georgia Loan Participation Program (GA
				LPP)
(a) A Master Loan Participation Agreement
				is executed between an approved participating lender and GHFA EDFI.
(b) The approved participating lender
				originates the loan. DCA/GHFA EDFI through GA LPP may purchase up to 25% on
				loans up to $5 million and may purchase up to 30% on loans from a CDFI
				depository lending institution and minority depository institutions (MDIs) up
				to $5 million. There is a concentration limit of $5 million to any one
				borrower.
(c) Underwriting is
				performed by the primary lender and shared with DCA to streamline the approval
				process of the purchased participation.
(d) A written commitment letter is executed
				between the primary lender and GHFA EDFI.
(e) The lender closes the loan and sells the
				position to DCA/GHFA EDFI.
(f) The
				lender keeps all its standard fees.
(g) Loan servicing is performed by the
				primary lender, which shares proportional debt payments with DCA/GHFA
				EDFI.
(h) DCA/GHFA EDFI will be in
				a subordinate lien position, and the primary lender will have first claim to
				all recoveries until its losses are covered.
(i) Rates, fees, and terms are determined by
				the primary lender. There are no additional fees to use the GA LPP.
(j) DCA/GHFA EDFI may provide a lower
				interest rate than the primary lender for a limited period of time in order to
				improve the borrower's debt coverage ratio.
(k) The primary lender has the unconditional
				right to repurchase the participation sold in the original loan to DCA/GHFA
				EDFI at any time.
(l) GA LPP will
				target businesses with an average borrower size of 500 employees or less, but
				credit cannot be extended to businesses with more than 750 employees. Average
				projected loan size is between $100,000 and $5,000,000.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-1 - REGULATIONS FOR PETITION FOR PROMULGATION › Rule 111-1-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
In these rules, unless the content otherwise requires, the
				  terms set forth, herein shall mean the following;
(1) "Department" means the Department of
				Community Health, any division, section, or unit of the Department, and any
				agency attached to the Department for administrative purposes.
(2) "Person" means any individual,
				partnership, corporation, association, governmental subdivision, or public or
				private organization of any character other than an agency.
(3) "Petition" means a petition for
				promulgation, amendment, or repeal of rules made by an interested person
				pursuant to O.C.G.A. §
									50-13-9.
(4) "Rule" means each Department regulation,
				standard, or statement of general applicability that implements, interprets, or
				prescribes law or policy or describes the organization, procedure, or practice
				requirements of the Department. The term includes the amendment or repeal of a
				prior rule but does not include the following:
(a) Statements concerning only the internal
				management of the Department and not affecting private rights or procedures
				available to the public;
(b)
				Declaratory rulings issued pursuant to O.C.G.A. §
										50-13-11;
(c) Intra-Department memoranda;
(d) Statements of policy or interpretations
				that are made in the decision of a contested case;
(e) Rules which relate to the acquiring,
				sale, development, and management of the property, both real and personal, of
				the state or of the Department;
(f)
				Rules which relate to contracts for the purchases and sales of goods and
				services by the state or of the Department;
(g) Rules which relate to the employment,
				compensation, tenure, terms, retirement, or regulation of the employees of the
				state or of the Department;
(h)
				Rules relating to loans, grants, and benefits by the state or of the
				Department; or
(i) The approval or
				prescription for the future of rates or prices.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-1 - REGULATIONS FOR PETITION FOR PROMULGATION › Rule 111-1-1-.02 - Petition by Interested Person

Current through Rules and Regulations filed through June 27, 2024
(1) Form of Petition. Each petition for
				promulgation, amendment, or repeal of rules made pursuant to O.C.G.A. §
									50-13-9 shall be submitted in
				writing to the Department's Commissioner and General Counsel. The petition
				shall include:
(a) The name, address,
				telephone number, and email address of the petitioner;
(b) The full text of the rule requested to be
				promulgated, or the full text of the rule desired to be amended or repealed,
				including strike through of any text of an existing rule the petitioner seeks
				to remove by amendment;
(c) A
				statement of the reason(s) such rule should be promulgated, amended, or
				repealed, including a statement of all pertinent facts which relate to
				petitioner's interest in the matter;
(d) Citations of legal authority which
				authorize, support, or require the action requested by petition;
(e) A notarized verification by the
				petitioner stating that petitioner has reviewed the petition and that the
				statement of pertinent facts is true to the best of petitioner's information
				and belief.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-2 - VENDOR RELATIONSHIPS › Rule 111-1-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Lobbyist"
				shall have the meaning given in O.C.G.A. §
									21-5-70(6)  as it
				presently exists or as it may hereafter be amended. In addition, for the
				purpose of these regulations, the term shall also be deemed to include:
(a) any person who, for compensation, either
				individually or as an employee of another person, corporation, or association,
				undertakes to influence a public employee or state agency in the selection of a
				vendor to supply any goods or services to any state agency where the total
				value of any single contract, including authorized or anticipated renewals,
				exceeds $50,000 in value or where the total value of all contracts the lobbyist
				promotes or opposes, including authorized or anticipated renewals, exceeds
				$100,000 in a calendar year, but does not include a person solely on the basis
				that such person participated in preparing a written bid, written proposal, bid
				protest, or other document relating to a potential involvement with or sale to
				the Department; or
(b) any natural
				person who makes expenditures totaling more than $250.00 in a calendar year,
				not including the person's own travel, food, and lodging expenses, or
				informational material, to promote or oppose the awarding of any contract to a
				particular vendor or vendors by the Department where the total value of any
				single contract, including authorized or anticipated renewals, exceeds $50,000
				in value or where the total value of all contracts the lobbyist promotes or
				opposes, including authorized or anticipated renewals, exceeds $100,000 in a
				calendar year.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-2 - VENDOR RELATIONSHIPS › Rule 111-1-2-.02 - Registration Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All current or prospective vendors who
				employ, retain, or associate one or more lobbyists shall require such lobbyists
				to register with the State Ethics Commission in accordance with the provisions
				of Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia
				Annotated.
(2) All current or
				prospective vendors who employ, retain, or associate one or more lobbyists
				shall require such lobbyists to file the disclosures required by Article 4 of
				Chapter 5 of Title 21 of the Official Code of Georgia Annotated.
(3) In addition to the disclosures required
				by Article 4 of Chapter 5 of Title 21 of the Official Code of Georgia
				Annotated, such lobbyists shall further disclose:
(a) the name of any vendor(s) by which the
				lobbyist is employed, retained, or associated;
(b) an identification of the contract(s)
				regarding which the lobbyist is lobbying, including the contract or procurement
				number, if one has been assigned by the Department; and
(c) a good faith estimate of the total
				amounts of all income to the lobbyist from the vendor (or from any other person
				on behalf of the vendor) other than income for matters unrelated to
				lobbying.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-2 - VENDOR RELATIONSHIPS › Rule 111-1-2-.03 - Certification Requirements

Current through Rules and Regulations filed through June 27, 2024
(1) All current or prospective vendors who
				submit a bid, response to request for proposals, or any response to any other
				procurement method, shall certify:
(a) that
				the vendor has not employed, retained, or associated one or more lobbyists
				required to register with the State Ethics Commission in accordance with these
				regulations; or
(b) that any
				lobbyist employed, retained, or associated by the vendor has registered with
				the State Ethics Commission and made the disclosures required by law and by
				these regulations.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-1 - ADMINISTRATION › Subject 111-1-2 - VENDOR RELATIONSHIPS › Rule 111-1-2-.04 - Forms

Current through Rules and Regulations filed through June 27, 2024
(1) The
				registration of lobbyists as required by these regulations shall be made on
				forms prescribed by and in the manner prescribed by the State Ethics
				Commission.
(2) The disclosures
				required of lobbyists by these regulations shall be made on forms prescribed by
				and in the manner prescribed by the State Ethics Commission.
(3) The certifications required of vendors by
				these regulations shall be made on forms prescribed by and in the manner
				prescribed by the Department.
(4)
				The Department will not execute any contract with any vendor that fails to make
				the certifications required by these regulations, and may rescind any
				previously executed contract upon a determination that any certification
				contained misrepresentations or falsehoods. Such misrepresentations or
				falsehoods may, in the sole discretion of the Department, be deemed to be a
				material breach of the contract by the vendor.
O.C.G.A. Secs.
				  21-5-70
et seq.
,
				  45-1-6,
				  45-12-130
et
				  seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-1 - ADMINISTRATION › Rule 111-2-1-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
(1) "Board" means
				the Board of Community Health, the body created under O.C.G.A. §
									31-2-3, appointed by the Governor,
				that establishes the general policy to be followed by the Department of
				Community Health.
(2) "Certificate
				of Need Appeal Panel" or "appeal panel" means the panel of independent hearing
				officers created pursuant to O.C.G.A. §
									31-6-44 to conduct appeal
				hearings.
(3) "Commissioner" means
				the commissioner of community health established under O.C.G.A. §
									31-2-6.
(4) "Department" means the Department of
				Community Health established under O.C.G.A. §
									31-2-4.
(5) "Health Strategies Council" or "Council"
				means the body created by this chapter to advise the Department of Community
				Health.
O.C.G.A. §§
											31-2
et seq.,
31-6
et seq.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-1 - ADMINISTRATION › Rule 111-2-1-.02 - Health Planning Functions of the Department

Current through Rules and Regulations filed through June 27, 2024
(1) The Department is authorized to
				administer the health planning and Certificate of Need programs established
				under O.C.G.A. §
									31-6
et seq.
and a
				state health plan approved by the Board. The Department shall provide by rule
				for procedures to administer its functions. As appropriate, the Commissioner
				may delegate the authority to administer any function or duty prescribed by law
				or these Rules to one or more authorized designees in the Office of Health
				Planning and the Office of General Counsel.
(2) The functions of the Department shall be:
(a) to conduct the health planning activities
				of the State and, within appropriations made available by the General Assembly
				and consistent with the laws of the State of Georgia, to implement such parts
				of the State Health Plan as may relate to State government;
(b) to prepare and revise a draft State
				Health Plan with recommendations from technical advisory committees;
(c) to seek advice, at its discretion, from
				technical advisory committees;
(d)
				to adopt, promulgate, and implement rules and procedures necessary to carry out
				the provisions of O.C.G.A. §
										31-6
et seq.
in
				accordance with O.C.G.A. §
										50-13
et seq.,
the
				Georgia Administrative Procedure Act.
(e) to define the form, content, schedules,
				fees, and procedures for submission of applications for Certificates of Need,
				other determinations and periodic reports;
(f) to establish time periods and procedures
				consistent with O.C.G.A. §
										31-6
et seq.
to
				hold hearings and to obtain the viewpoints of interested persons prior to
				issuance or denial of a Certificate of Need;
(g) to provide for such payment as may be
				necessary to share the costs of preparing the record for Certificate of Need
				appeals before the Certificate of Need Appeal Panel;
(h) to provide for a reasonable and equitable
				fee schedule for Certificate of Need applications; provided, however, that a
				Certificate of Need application filed by or on behalf of a hospital in a rural
				county shall be exempt from any such fee;
(i) to grant, deny, suspend, rescind, cancel,
				or revoke a Certificate of Need as applied for or as amended;
(j) to impose civil penalties as permitted or
				required by law for violation of these Rules and O.C.G.A. §
										31-6
et seq.
;
				and
(k) to study the amount of
				uncompensated indigent and charity care provided by each type of health care
				facility, recommend requirements for the levels of uncompensated indigent and
				charity care required to be performed by each health care facility type and
				develop standardized reporting requirements for the Department to accurately
				track the amount of uncompensated indigent and charity care provided by each
				health care facility.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-2 - CERTIFICATE OF NEED › Rule 111-2-2-.01 - Definitions

Current through Rules and Regulations filed through June 27, 2024
As used in these Rules, the term:
(1) "Acquisition of an existing health care
				facility" means to come into possession or control of a health care facility by
				purchase, gift, merger of corporations, lease, purchase of stock, inheritance,
				or by any other legal means.
(2)
				"Acquisition of diagnostic, therapeutic, or other imaging equipment":
(a) as it relates to a diagnostic, treatment,
				or rehabilitation center, means to come into possession, or control of, or to
				otherwise use diagnostic, therapeutic, or other imaging equipment by purchase,
				gift, donation, lease, transfer, or by any other legal means by or on behalf of
				the diagnostic, treatment, or rehabilitation center; and
(b) as it relates to a health care facility,
				means to come into possession or control of diagnostic, therapeutic, or other
				imaging equipment by purchase or lease by or on behalf of the health care
				facility.
Compilation of Rules and Regulations of the State of Georgia › Department 111 - RULES OF DEPARTMENT OF COMMUNITY HEALTH › Chapter 111-2 - HEALTH PLANNING › Subject 111-2-2 - CERTIFICATE OF NEED › Rule 111-2-2-.02 - Nature of Certificate of Need

Current through Rules and Regulations filed through June 27, 2024
(1)
Purpose
. The purpose of the
				Certificate of Need evaluation process is to ensure that adequate health care
				services and facilities are developed in an orderly and economical manner and
				are made available to all Georgians and that only those health care services
				that are found to be in the public interest shall be provided in the State. The
				goals are to:
(a) Review proposed health care
				services;
(b) Contain health
				costs;
(c) Promote economic
				value;
(d) Ensure compatibility of
				health care services with the needs of various areas and populations of
				Georgia; and
(e) Prevent
				unnecessary duplication or services.