reglab/statecodes huggingface dataset:
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › ELIGIBILITY › Section 81.111 - Eligible applicants

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
						eligible to apply for a loan, a loan guarantee or another form of assistance
						under the program established by the act, an applicant shall meet the following
						criteria, by submitting the information in the form that the Authority
						requires:
(1) The applicant shall be a
						resident of this Commonwealth or shall certify that residency will be
						established on or before closing of the loan.
(2) The applicant shall own or control a
						minority business enterprise.
(3)
						The applicant shall be financially and legally responsible, based upon criminal
						history, credit history and business history.
(4) The applicant and affiliates thereof
						shall have paid taxes due and owing to the United States, the Commonwealth or
						other level of government, or shall present evidence noting a satisfactory
						arrangement to make the payment which has been agreed to by the
						parties.
(5) The applicant may be a
						sole proprietorship, partnership or corporation. If the enterprise is a
						proprietorship, the applicant shall be otherwise eligible and shall manage and
						control the enterprise. If the enterprise is a partnership, at least 51% of the
						partners shall be socially or economically disadvantaged persons who own a
						majority interest that provides for management and control of the enterprise.
						If the enterprise is a corporation, its officers and at least 51% of the owners
						of the voting stock shall be socially or economically disadvantaged residents
						of this Commonwealth.
(6) The
						applicant shall maintain complete control over the management of the
						enterprise.
(7) The applicant shall
						pledge and maintain real and personal property as collateral, in the form and
						amount necessary to reasonably assure payment of the loan in the event of
						default or bankruptcy.
(8) The
						applicant shall demonstrate that he and the enterprise to receive the loan have
						the ability to meet existing and projected debt service, including the debt
						service required to repay the loan of the Authority.
(9) The applicant, if he is a natural person,
						shall be at least 18 years of age.
(10) The applicant, if he has received prior
						loans from the Authority, shall be current with respect to amounts due under
						the loans.
(11) The applicant shall
						show, through experience, training or education, or a combination thereof, that
						he is capable of performing the responsibilities in connection with the
						ownership, management or control of the enterprise.
(12) The applicant and the enterprise may not
						be involved as a debtor in a bankruptcy proceeding.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › ELIGIBILITY › Section 81.112 - Eligible projects

Current through Register Vol. 54, No. 28, July 13, 2024
(a) To be
						eligible for a loan, loan guarantee or another form of assistance under the
						program established by the act, a project must meet the following criteria,
						based upon information that the Authority may require:
(1) Loans shall be made available primarily
						for the purpose of providing working capital, purchasing machinery and
						equipment and, where the need is determined by the Board, defraying the cost of
						acquiring or renovating land or buildings.
(2) The following types of projects are
						ineligible for a loan, loan guarantee or other type of assistance:
(i) A restaurant, except for regional or
						national franchises.
(ii) A bar,
						tavern or other project established for the principal purpose of dispensing
						alcoholic beverages.
(iii) A
						project for the acquisition, renovation or alteration of a building or property
						for the principal purpose of real estate speculation.
(iv) A project for the principal purpose of
						refinancing existing debt.
(v)
						Another type of project determined by the Board to be inappropriate for
						assistance.
(3) At least
						25% of the eligible project costs shall be contributed in cash from sources
						other than the Authority.
(4) A
						project that has been rejected by the Board may not be presented again to the
						Board within 1 year of the date of the Board's rejection, except by invitation
						of the Board.
(5) To be eligible
						for a loan, a project shall also comply with §
													81.131 (relating to amount and
						terms of loans).
(6) To be eligible
						for a loan guarantee or other assistance, the project shall also comply with
						§
													81.132 (relating to guarantee
						provisions).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › APPLICATION PROCEDURE › Section 81.121 - Application forms

Current through Register Vol. 54, No. 28, July 13, 2024
An application for a loan shall be in writing and shall
						  be made on forms prescribed by the Authority. The Authority may require
						  affidavits and may conduct investigations that are appropriate, including the
						  issuance of subpoenas and the holding of hearings. At a minimum, the applicant
						  shall show, to the satisfaction of the Authority, that he is an eligible
						  applicant as set forth in §
												81.111 (relating to eligible
						  applicants), and that the project is an eligible project as set forth in §
												81.112 (relating to eligible
						  projects).
The provisions of this §
														81.121 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › APPLICATION PROCEDURE › Section 81.122 - Applications, review and requirements

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission of
						application.
An application shall be submitted to the Authority's
						central office in Harrisburg. An application shall be deemed to be filed on the
						day it is received in Harrisburg, as evidenced by a date affixed on the face of
						the application.
(b)
Review
						of application.
(1) No application
						will be reviewed until information requested has been submitted and the
						application is complete.
(2)
						Completed applications will be reviewed in chronological order, regardless of
						region, based upon the date a completed application was filed.
(3) An application filed will be reviewed by
						a designated financial officer of the Board and by designated legal counsel of
						the Board.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › APPLICATION PROCEDURE › Section 81.123 - Application fees

Current through Register Vol. 54, No. 28, July 13, 2024
Applicants shall be charged a nonrefundable application
						  fee, payable to the Authority, when an application is submitted to the regional
						  office for review. This fee will be determined by the Board from time to time.
						  Applicants shall be charged a nonrefundable fee equal to 1.0 % of the loan
						  amount, which fee will be due at the time of acceptance of the commitment
						  letter. No disbursements will be made before these fees have been
						  paid.
The provisions of this §
														81.123 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › APPLICATION PROCEDURE › Section 81.124 - Additional conditions

Current through Register Vol. 54, No. 28, July 13, 2024
In addition to the other requirements in this chapter,
						  the following criteria shall also be met:
(1) The applicant shall remain an eligible
						applicant as set forth in §
												81.111 (relating to eligible
						applicants) for the entire term of the loan. Failure to do so constitutes a
						default, which may result in acceleration of payments under the loan, or other
						penalties that the Authority may impose.
(2) The project shall remain an eligible
						project as set forth in §
												81.112 (relating to eligible
						projects) for the entire term of the loan. Failure to do so constitutes a
						default, which may result in acceleration of payments under the loan, or other
						penalties that the Authority may impose.
(3) The borrower shall accept technical
						assistance as determined by the Authority.
(4) An applicant shall have business
						insurance in an amount sufficient to safeguard business assets and to provide
						adequate financial protection to the Authority if the applicant suffers a loss
						due to certain insurable calamities. The Authority shall be named loss payee on
						the policies.
(5) The sureties and
						guarantees of the principal and anyone else shall remain in effect for the
						entire period of the loan.
(6) The
						applicant shall submit reports and provide information required by the
						Authority.
(7) There may be no
						changes of expenditures of loan funds among categories without the prior
						written approval of the Authority.
The provisions of this §
														81.124 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9)
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LIMITATIONS ON LOANS AND GUARANTEES › Section 81.131 - Amount and terms of loans

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will from time to time establish the
						  terms of its loans, to include matters such as the interest rate, length of
						  loan term, maximum amount of loans and requirements for creation or
						  preservation of jobs, which will be published as a notice in the
Pennsylvania Bulletin
.
The provisions of this §
														81.131 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
This section cited in 12 Pa. Code §
														81.112 (relating to eligible
							 projects); and 12 Pa. Code §
														81.125 (relating to additional
							 conditions for certain loans).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LIMITATIONS ON LOANS AND GUARANTEES › Section 81.132 - Guarantee provisions

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Loan guarantee.
The Authority may guarantee loans made to a
						minority business enterprise under the same standards established for the
						granting of loans.
(b)
Equity guarantee.
The Authority may guarantee up to 50% of
						equity investments in a minority business enterprise made by a person,
						partnership, corporation or other entity not then an equity holder or involved
						in the management of the minority business enterprise or in any way related to
						the enterprise, its current shareholders, officers or other management
						personnel, to be made on terms and conditions as may be determined by the Board
						in its sole discretion.
(c)
Dollar value limitation.
The dollar value limitation of the
						equity and loan guarantee shall be the same as that of the loans under the
						program.
(d)
Escrow.
Upon the guarantee of a loan, 100% of the outstanding
						guaranteed balance of the loan shall be placed in escrow by the Authority for
						the term of the loan.
The provisions of this §
														81.131 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
This section cited in 12 Pa. Code §
														81.112 (relating to eligible
							 projects).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › SURETY BOND GUARANTEES AND WORKING CAPITAL LOANS › Section 81.135 - Terms of surety bond guarantees

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Terms.
(1) An applicant for
						a surety bond guarantee may request and receive a guarantee of no more than 90%
						of bid and performance bonds, provided by a surety company approved by the
						Commonwealth, which are needed to obtain a contract with a Commonwealth agency
						or contractor. The guarantee may not be in an amount greater than
						$50,000.
(2) An applicant for a
						surety bond guarantee shall provide security, collateral and personal
						guarantees in the form and amount necessary to reasonably assure payment in the
						event of default or bankruptcy. The collateral shall include a contract in the
						amount of the guarantee which contract shall be assigned to the
						Authority.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › SURETY BOND GUARANTEES AND WORKING CAPITAL LOANS › Section 81.136 - Working capital loans

Current through Register Vol. 54, No. 28, July 13, 2024
An applicant may apply for a short-term working capital
						  loan if the loan is directly related to an identified Commonwealth contract
						  with a Commonwealth agency or contractor on which the applicant is qualified to
						  bid and intends to bid. The loans may be in an amount of up to 50% of the value
						  of the contract, not to exceed $50,000, and shall be repaid over not less than
						  6 months but not more than 2 years. Approval of applications for short-term
						  working capital loans shall be conditioned upon the award of the Commonwealth
						  contract, and loan proceeds shall be used only to defray costs related to
						  purchasing materials and supplies, renting equipment, paying employes and
						  meeting other operational expenses directly related to specified Commonwealth
						  agency contracts.
The provisions of this §
														81.136 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › SURETY BOND GUARANTEES AND WORKING CAPITAL LOANS › Section 81.137 - Application process

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Submission of applications.
Applications for working capital
						loans or surety bond guarantees shall be submitted to and prepared by an
						approved Business Development Center, in a form prescribed by the Authority.
						The Business Development Center shall determine whether the application is
						complete and shall forward completed applications to the central office in
						Harrisburg. An application shall be deemed to be filed on the day it is
						received in Harrisburg, as evidenced by a date affixed on the face of the
						application.
(b)
Board
						action.
The Board will take action to approve, disapprove or table an
						application within 60 days of the date on which it was filed.
The provisions of this §
														81.137 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.141 - General requirements

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will not lend and will not continue
						  lending to an applicant, unless the applicant is an eligible applicant, and the
						  project is an eligible project, and both the applicant and the project comply
						  with the terms and conditions set forth by the Board for the entire period of
						  the loan or guarantee.
The provisions of this §
														81.141 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.142 - Default

Current through Register Vol. 54, No. 28, July 13, 2024
The defaults and remedies thereof shall be set forth in
						  the instruments which are a part of the loan transaction. Failure to remain an
						  eligible applicant or failure to maintain the project as an eligible project
						  shall constitute an automatic default and grounds for penalties the Authority
						  may deem appropriate.
The provisions of this §
														81.142 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.143 - Late charges

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will assess late charges when payments
						  under the loans are delinquent.
The provisions of this §
														81.143 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.144 - Loan closing

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority will allow a 90-day period from the date
						  of the commitment letter for borrowers to meet the conditions and requirements
						  of the commitment letter for closing. One 90-day extension may be granted by
						  the Executive Director beyond this period and will be reported to the Board at
						  its next meeting following the action with an explanation of the
						  extension.
The provisions of this §
														81.144 amended under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.145 - Powers of the Executive Director

Current through Register Vol. 54, No. 28, July 13, 2024
Between Board meetings, the Executive Director and
						  other staff as the Executive Director may designate, are authorized to exercise
						  the powers of the Authority with regard to the protection of collateral and
						  taking necessary action in the case of problem loans, subject to review by the
						  Board at the next meeting at which a quorum is present. The powers are in
						  addition to specific duties and responsibilities delegated to the Executive
						  Director by the Board.
The provisions of this §
														81.145 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.146 - Collection procedures

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Collection of loans.
The Executive Director is authorized to
						take actions necessary to preserve the position of the Authority with respect
						to a loan which is not in compliance with the terms and conditions thereof,
						including but not limited to, the initiation of collection procedures as the
						Executive Director deems appropriate. For this purpose, a legal contingency
						fund is established.
(b)
Removal of discharged debts.
If the Executive Director
						determines, after seeking the advice of legal counsel to the Board, that an
						amount owing to the Authority has been discharged in bankruptcy and that no
						practical legal remedies remain to pursue collection, the Executive Director
						will request the Board to request the comptroller to remove the discharged
						debts from the financial statements of the Authority.
The provisions of this §
														81.146 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter B - LOAN PROGRAM ADMINISTRATION › LOAN PAYMENT, REPAYMENT, PENALTIES AND ADMINISTRATION › Section 81.147 - General

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Board
						meetings.
The Board will meet monthly.
(b)
Targeted funds.
Twenty
						percent of the appropriated funds available to the Authority may be targeted by
						the Board expressly for loans to be awarded for eligible enterprises located or
						to be located in Enterprise Development Areas as set forth at 12 Pa. Code
						Chapter 121 (relating to enterprise development area initiative-statement of
						policy) or other redevelopment areas.
The provisions of this §
														81.147 issued under section 9 of
							 the Pennsylvania Minority Business Development Authority Act (73 P.S. §
															390.9).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.201 - Examinations and investigations pursuant to this chapter

Current through Register Vol. 54, No. 28, July 13, 2024
Examinations and investigations by the Authority will
						  be conducted through its members and staff in a manner consistent with the
						  provisions of this chapter.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.202 - Scope of examinations and investigations

Current through Register Vol. 54, No. 28, July 13, 2024
Examinations and investigations conducted by the
						  Authority will be limited to any matter material for the Authority's
						  information and necessary to:
(1) The
						determination of the eligibility of the applicant to receive a loan granted
						under the act.
(2) The
						determination of the economic viability of the loan.
(3) The power to review the operation of any
						business that has received a loan granted under the authority of the
						act.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.203 - Powers and remedies available to the Authority

Current through Register Vol. 54, No. 28, July 13, 2024
Every hearing constituted and conducted pursuant to
						  this chapter will be deemed a hearing and proceeding by and for the Authority,
						  and all powers and remedies available to the Authority will apply
						  thereto.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.204 - Conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Hearings may be conducted only with the prior approval
						  of the Board of the Authority. Hearings may be conducted by and before the
						  Authority, or any one or more members of the Authority appointed by the Board
						  of the Authority to conduct such hearings.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.205 - Private hearings

Current through Register Vol. 54, No. 28, July 13, 2024
Unless otherwise ordered by the Authority,
						  investigations and examinations will not be public.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.206 - Presiding member

Current through Register Vol. 54, No. 28, July 13, 2024
The Chairperson of the Board of the Authority or his
						  designee, who must be a Deputy Secretary of the Department, will preside over
						  the examinations and investigations before the Authority.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.207 - Oaths, affirmation and conduct of hearings

Current through Register Vol. 54, No. 28, July 13, 2024
The presiding member will administer oaths and
						  affirmations to witnesses, rule upon matters arising in the course of the
						  hearing, and take such actions as may be necessary to insure that the hearing
						  proceeds in an orderly and proper manner.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.208 - Staff

Current through Register Vol. 54, No. 28, July 13, 2024
The Authority may designate such staff members as it
						  deems necessary to aid in the conduct of the examinations and investigations.
						  Questioning of witnesses at a hearing shall be limited to members of the
						  Authority, members of the staff of the Authority, and such other persons as may
						  be permitted to do so by the presiding member.
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.209 - Rules of evidence not to apply

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The presiding member may receive any
						evidence, by testimony, deposition, exhibit or otherwise which he deems
						relevant and will not be bound by the rules of evidence applicable in courts of
						law.
(b) Subsection (a) supersedes
						1 Pa. Code §§
												35.161-35.169 (relating to
						evidence).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › EXAMINATIONS AND INVESTIGATIONS › Section 81.210 - Transcripts, reports and prepared statements

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Members of the Board of the Authority
						will be given full access to the transcript of all hearings or, if no
						transcript is made, the report of the information received at the
						hearing.
(b) The presiding member
						will determine whether a witness may read or place in the record a prepared or
						written statement.
(c) Subsections
						(a) and (b) supersede 1 Pa. Code §§
												35.131-35.133 (relating to
						transcript).
This section cited in 12 Pa. Code §
														81.221 (relating to issuing
							 subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › SUBPOENAS › Section 81.221 - Issuing subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The
						Board of the Authority may issue a subpoena, directing the person named therein
						to appear before a hearing as provided in §§
												81.201-81.210 (relating to examinations
						and investigations) at a designated time and place to testify or to produce
						documentary evidence, or both, relating to a matter under investigation by the
						Authority.
(b) The Board of the
						Authority or any authorized member thereof may issue a subpoena not directly
						related to the conduct of a hearing directing the person named to produce
						documentary evidence relating to a matter under investigation by the
						Authority.
(c) Subsections (a) and
						(b) supersede 1 Pa. Code §
												35.142 (relating to
						subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › SUBPOENAS › Section 81.222 - Persons required to appear

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						A person deemed to have information relevant to any examination or
						investigation may be required by subpoena to appear and testify at an Authority
						hearing.
(b) Subsection (a)
						supersedes 1 Pa. Code §
												35.142 (relating to
						subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › SUBPOENAS › Section 81.223 - Producing documents or review by Authority staff

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person, corporation, entity or
						association of any kind having possession or control of documents or records
						deemed relevant to any investigation may be required by subpoena to produce the
						materials at an Authority hearing or, at the election of the presiding member,
						to make them available for inspection by any one or more members of the
						Authority or one or more members of staff of the Authority.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.142 (relating to
						subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › SUBPOENAS › Section 81.224 - Service of subpoenas

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
						Subpoenas may be served by any person designated by the Authority.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.142 (relating to
						subpoenas).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › RIGHTS OF WITNESSES › Section 81.231 - Witness to be advised

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A person
						under examination or investigation compelled or requested to furnish
						information or documentary evidence shall be advised with respect to the
						purpose and scope of the investigation.
(b) Subsection (a) supersedes 1 Pa. Code
						§
												35.137 (relating to oral
						examination).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › RIGHTS OF WITNESSES › Section 81.232 - Counsel for a witness

Current through Register Vol. 54, No. 28, July 13, 2024
Any witness may be accompanied, represented, and
						  advised by counsel as follows:
(1)
						Counsel for a witness may advise his client, in confidence and upon the
						initiative of either himself or the witness, with respect to any question asked
						of his client, and, if the witness refuses to answer the question, then counsel
						may briefly state on the record if he has advised his client not to answer the
						question and the legal grounds for such refusal.
(2) When it is claimed that the testimony or
						evidence sought from a witness is outside the scope of the investigation or
						that the witness is privileged for reasons other than self-incrimination, which
						may only be asserted by the witness personally, to refuse to answer a question
						or to produce other evidence, counsel for the witness may object on the record
						to the question or requirement and may state briefly and precisely the grounds
						therefor.
(3) Any objections made
						under this section will be treated as continuing objections and preserved
						throughout the further course of the hearing without the necessity for
						repeating them as to any similar line of inquiry.
(4) Counsel for a witness may not, for any
						purpose or to any extent not allowed by paragraphs (1) and (2), interrupt the
						examination of a witness by making any objections or statements on the
						record.
(5) Following completion of
						the examination of a witness, counsel for the witness may, on the record,
						request the presiding member to permit the witness to clarify any of his
						answers which may need clarification in order that they may not be left
						equivocal or incomplete on the record. The granting or denial of such requests
						will be within the sole discretion of the presiding member.
(6) The presiding member will take all
						necessary action to regulate the course of the hearing to avoid delay and to
						prevent or restrain disorderly, dilitory, obstructionist, or contumacious
						conduct or contemptuous language.
(7) Objections made under this section will
						be disposed of by the presiding member and the rulings of the presiding member
						will be final.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part III - Business Financing › Subpart D - Minority Lending › Chapter 81 - MINORITY BUSINESS DEVELOPMENT AUTHORITY › Subchapter C - EXAMINATION AND INVESTIGATION OF LOANS › RIGHTS OF WITNESSES › Section 81.233 - Transcript

Current through Register Vol. 54, No. 28, July 13, 2024
(a) A witness
						appearing at a hearing of which a transcript is made may obtain a copy of the
						transcript of this testimony upon payment of the costs thereof.
(b) Subsection (a) supersedes 1 Pa. Code
						§§
												35.131-35.133 (relating to
						transcript).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 111 - GRANTS-IN-AID TO FLOOD-PRONE MUNICIPALITIES › Section 111.1 - Policy

Current through Register Vol. 54, No. 28, July 13, 2024
The Department has determined that the public welfare is
					 served by assisting persons in flood-prone municipalities to protect themselves
					 against flood losses with the insurance coverage available under the National
					 Flood Insurance Act of 1968 (42 U.S.C.A. §§
											4001-4127). Under Federal law, these
					 persons cannot obtain subsidized flood insurance unless the municipalities in
					 which they are located are eligible to participate in the National Flood
					 Insurance program. To encourage municipalities to seek eligibility and to enact
					 prudent flood plain land use controls, the Department will not approve a
					 grant-in-aid application from a flood prone municipality unless the
					 municipality is eligible for the National Flood Insurance
					 program.
This section cited in 12 Pa. Code §
												111.3 (relating to
						implementation); and 12 Pa. Code §
												111.4 (relating to administrative
						procedures for implementation).
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 111 - GRANTS-IN-AID TO FLOOD-PRONE MUNICIPALITIES › Section 111.2 - Applicability

Current through Register Vol. 54, No. 28, July 13, 2024
(a) This chapter
				  applies to programs administered by the Department under the following laws:
				  The Land and Water Conservation and Reclamation Act (32 P. S. §§
											5101-5121); the Land and Water Conservation
				  Fund Act of 1965 (16
				  U.S.C.A. §§
											460l-4-460 l-11);
				  Reorganization Plan No. 2 of 1966, act of July 11, 1966, P. L. 8(71 P. S. §
											752-2); the act of August 2, 1954 (68 Stat.
				  641) (40 U.S.C.A.
				  §§
											461 (repealed) and 462); and
				  section 4 of the Housing and Redevelopment Assistance Law (35 P. S. §
											1664(b)-(c)).
(b) Notwithstanding subsection (a), the
				  Department may, by regulation, otherwise provide in its programs for the
				  applicability of this chapter.
(c)
				  Notwithstanding subsection (a), an applicant who filed a letter of intent for
				  assistance exclusively under the Land and Water Conservation Fund Act of 1965
				  prior to December 1, 1975, and who is approved for funding in the 1975-76
				  fiscal year, shall be governed by the regulations of the Department regarding
				  grants-in-aid to flood-prone municipalities which were in effect on December 1,
				  1975.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 111 - GRANTS-IN-AID TO FLOOD-PRONE MUNICIPALITIES › Section 111.3 - Implementation

Current through Register Vol. 54, No. 28, July 13, 2024
Implementation of §
										111.1 (relating to policy) shall
					 be in accordance with §
										111.4 (relating to administrative
					 procedures for implementation). The Department may adopt, by regulation,
					 different administrative procedures for implementation in a program. In the
					 event of inconsistency or conflict between §
										111.4 and other Department
					 regulations adopting administrative procedures for implementation, the other
					 Department regulations shall prevail.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 111 - GRANTS-IN-AID TO FLOOD-PRONE MUNICIPALITIES › Section 111.4 - Administrative procedures for implementation

Current through Register Vol. 54, No. 28, July 13, 2024
(a)
Municipal applicants other than
				  counties
. A municipal application from other than a county shall
				  conform with the following:
(1) On receipt of
				  an application or letter of intent from a municipality other than a county for
				  funds under a program to which this chapter applies, the regional office shall
				  determine, using Federal, State and local data, whether the applicant is a
				  flood-prone municipality.
(2) If
				  the applicant is found flood-prone, the Department will determine whether the
				  applicant has qualified for National Flood Insurance. If the applicant has so
				  qualified, the application review process shall continue as usual.
(3) If the applicant has filed a resolution
				  of interest and a resolution of compliance with program requirements, seeking
				  qualification for National Flood Insurance, although the applicant has not
				  qualified, the regional office will accept the application or letter of intent
				  for Department funds. If the regional office has not received a completed
				  National Flood Insurance Program application or a copy of the transmittal
				  letter for the completed Program application, within 60 days from acceptance,
				  the regional office will return the application or letter of intent for
				  Department funds to the applicant.
(4) The regional office will not forward an
				  application or letter of intent for Department funds to the central office of
				  the Department for processing until the applicant has qualified for National
				  Flood insurance.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.2 - Purpose and intent

Current through Register Vol. 54, No. 28, July 13, 2024
(a) The basic
				  purpose of the act, as set forth in section 103 of the act (32 P. S. §
											679.103), and of this chapter, is to:
(1) Encourage planning and development in
				  floodplains which are consistent with sound land use practices.
(2) Protect people and property in
				  floodplains from the dangers and damage of floodwaters and from materials
				  carried by the floodwaters.
(3)
				  Prevent and eliminate urban and rural blight which results from the damages of
				  flooding.
(4) Authorize a
				  comprehensive and coordinated program of floodplain management, based upon the
				  program, designed to preserve and restore the efficiency and carrying capacity
				  of the streams and floodplains of the Commonwealth.
(5) Assist municipalities in qualifying for
				  the program.
(6) Provide for and
				  encourage local administration and management of floodplains.
(7) Minimize the expenditure of public and
				  private funds for flood control projects and for relief, rescue and recovery
				  efforts.
Pennsylvania Code › Title 12 - COMMERCE, TRADE AND LOCAL GOVERNMENT › Part V - Community Affairs and Development › Subpart A - Strategic Planning and Operation › Chapter 113 - FLOODPLAIN MANAGEMENT › Section 113.3 - Municipal participation in the program

Current through Register Vol. 54, No. 28, July 13, 2024
(a) Each identified municipality is required
				  by the act to gain eligibility to participate in the program within 6 months of
				  the effective date of the act, or 6 months from the date of notification by
				  FEMA that it has been identified as having an area or areas subject to
				  flooding, whichever is first. The eligibility is gained by submitting an
				  application to FEMA, requesting acceptance into the program.
(b) The Department will contact identified
				  municipalities not participating in the program, for the purpose of bringing to
				  their attention the fact that participation is required by the act and to offer
				  technical assistance to help the municipality apply for eligibility to
				  participate in the program.
(c)
				  Application forms, information and assistance may be obtained from a regional
				  office of the Department.
(d) When
				  the Department receives notification from FEMA that FEMA has approved an
				  application for eligibility to participate in the program from a municipality,
				  the Department will notify the appropriate county planning
				  commission.