Or. Admin. Code § 123-700-0050

Current through Register Vol. 63, No. 10, October 1, 2024

Section 123-700-0050 - Conditions Precedent to Award

(1) Prior to making an award for a Child Care Infrastructure Project, the Department must make the following determinations:

(a) The project is feasible as demonstrated by certification from a professional engineer or architect registered in the State of Oregon in a feasibility study or other feasibility documentation approved by the Department;

(b) Any Program loan will be secured by the pledge of business revenues or other revenues or payments from the owners of any specially benefited properties, and these revenues or payments are sufficient, when considered with other security, to assure repayment of the loan and the recipient has certified to the Department that there will be adequate funds available to repay the loans;

(c) Moneys in the appropriate accounts of the Fund are or will be available for the project;

(d) The applicant is willing and able to enter a contract with the Department;

(e) The project complies with the requirements governing assistance from the Fund;

(f) The applicant has demonstrated that it has, or can secure, the administrative capacity to undertake and complete the project; and

(g) The applicant has demonstrated:

(A) that it and its project are eligible to receive a Program award,

(B) the ability to secure full funding for the project,

(C) the project will be completed within the required timeline, and

(D) the ability to provide services and remain financially solvent throughout the term of project.

(2) For a Planning Project, the Department must determine that the requirements set out in sections (1)(b)-(g) of this rule are met.

Or. Admin. Code § 123-700-0050

OBDD 18-2024, adopt filed 07/17/2024, effective 7/17/2024

Statutory/Other Authority: ORS 285A.075

Statutes/Other Implemented: OR Laws 2023 ch 523