Md. Code Regs. 05.06.07.05

Current through Register Vol. 51, No. 22, November 1, 2024

Section 05.06.07.05 - Eligible Nonprofit Organizations

A. A nonprofit organization may apply for approval to participate in the Program by submitting the following documents for review by the Division:

(1) An application in the form required by the Division;

(2) A certification in the form required by the Department that the nonprofit organization shall abide by all requirements of:

(a) Titles VI and VII of the Civil Rights Act of 1964 as amended, Title VIII of the Civil Rights Act of 1968 as amended, and, for nonresidential facilities, the Americans with Disabilities Act of 1990,

(b) The provisions of the Governor's Code of Fair Practices, as amended,

(c) The Department's Minority Business Enterprise Program, and

(d) Governor's Executive Order 01.01.1989.18C relating to drug-free and alcohol-free workplaces, and any Department regulations adopted to carry out the requirements of that order;

(3) A contract affidavit in the form required by the Department;

(4) A copy of the following organizational documents for the nonprofit organization:

(a) A letter from the Internal Revenue Service granting tax-exempt status under §501(c)(3) of the Internal Revenue Code,

(b) Articles of incorporation or other applicable documents,

(c) Bylaws,

(d) Certificate of good standing, and

(e) A resolution authorizing application for participation in the Program and purchase and financing for a particular property where applicable, and the designation of the person or persons authorized to sign on behalf of the organization; and

(5) Any other information required by the Program.

B. Additional Requirements.

(1) The nonprofit organization shall be in good standing and may not be under suspension or debarment from any of the Department's programs in any action under COMAR 05.01.05.

(2) The nonprofit organization may not be in default under any loan from the Department.

C. At the time of settlement, the nonprofit organization shall have all necessary legal and corporate authorizations to purchase the property and incur the obligations of the Department loan.

Md. Code Regs. 05.06.07.05