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Session Laws, 1983
Volume 745, Page 2234   View pdf image
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2234                                             LAWS OF MARYLAND                                        Ch. 680 after any federal grant has been applied, whichever is less,
except that, at the discretion of the Board of Public Works, a
grant may exceed 50 percent of the total cost of eligible work
remaining unpaid if: 1.   The value of property and improvements
made available by the County equals or exceeds the amount of the
State grant; and 2.  No State funds have been used for the
acquisition, construction, or maintenance of the public building
to be converted; and 3.   The State is not responsible for any
bonded indebtedness in connection with the building. In no case
may the State grant exceed $200,000. (iv) If, within 15 years after completion of
conversion, a facility with respect to which funds have been paid
under the provisions of this Act is sold or transferred to any
person, agency, or organization that would not qualify as an
applicant under the terms of the Act, or that is not approved as
a transferee by the Board of Public Works, or if, within 15 years
after completion of conversion, a facility with respect to which
funds have been paid under the provisions of this Act ceases to
be a public facility, then the State shall be entitled to recover
from either the transferor or transferee or, in the case of a
facility which has ceased to be a public facility, from the
owner, an amount bearing the same ratio to the then current value
(as determined by an agreement between the State and the
transferor, transferee, or owner, or by an action brought in a
court of competent jurisdiction) of so much of the facility as
was converted with the assistance of a State grant under this
Act, as the amount of the State participation bore to the total
cost of conversion. When this amount has been determined, the
Director of the Office on Aging shall give notice to the owner of
the facility and shall provide an opportunity for a hearing at
which the owner may present any reasons why a lien should not be
imposed. At the conclusion of an hearing, the Director may issue
an order declaring the amount determined to be due, and the
amount shall constitute a lien upon the real property of the
facility from the date of the order. The Director of the Office
on Aging shall cause a notice of lien to be recorded among the
land records of the political subdivision in which the facility
is located. All funds recovered pursuant to this right of
recovery shall be deposited in the Annuity Bond Fund and shall be
applied to the debt service requirements of the State. The Board
of Public Works may waive the State's right of recovery if it
determines that there is good cause for releasing the transferor,
transferee, or owner. (c) The application shall be directed to the Director
of the Office on Aging. When the Director has approved the
project and project plans, the Director shall report the
application to the Board of Public Works, describing the scope of


 
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Session Laws, 1983
Volume 745, Page 2234   View pdf image
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