| (a) Final approval standards for designation of readjustment
zones. Within ten business days of final approval of the designation
of a zone by the executive director, the staff shall present the negotiated
agreement to the governing body or bodies of the applicant. Such agreement
must include designation of the zone and the administrative authority,
if any, and its function and duties and any other information required
under the Act and this chapter. The Office shall complete the negotiations
and sign the agreements in accordance with the Act, §2310.107.
(b) Period for which designation is in effect.
(1) An area may be designated as an readjustment zone
for a maximum period of seven years. Any designation of an area as
a readjustment zone shall remain in effect during the period beginning
on the date of the designation and ending on the earliest of:
(A) September 1 of the seventh calendar year following
the calendar year in which such date ending the readjustment zone
designation occurs; or
(B) following a public hearing, the date the Office
removes the designation of zone for the following reason:
(i) the area no longer qualifies for designation as
an readjustment zone as set forth in the Act, §2310.102, or this
chapter; or
(ii) the Office determines that the governing body
has not complied with commitments made in the ordinance or order nominating
the area as a readjustment zone.
(2) A qualified business may be designated as an readjustment
project for a maximum period of five years. The designation of a qualified
business as an readjustment project shall remain in effect during
the period beginning on the date of the designation and ending on
the earliest of:
(A) five years after the date the designation is made;
or
(B) the last day that completes the original project
designation period of a qualified business that has assumed the designation
of the readjustment project through a lease or purchase of a designated
qualified business for the purpose of continuing its operations in
the applicable readjustment zone under a name or legal structure other
than that of the qualified business originally receiving the designation
and that has met the requirements of the Office to qualify for the
assumption, as specified under §175.5(d) of this title (relating
to Application Contents for Designation of Defense Readjustment Projects).
The assumption of a project designation or a name change by a qualified
business does not extend the original designation period, which is
applicable to the original and subsequent designee, and which will
end on the earliest of the last day of the original five-year designation;
or
(C) following a public hearing by the governing body
or bodies that nominated the qualified business for readjustment project
designation, the date the Office determines that the qualified business
is not in compliance with any requirement for designation as an readjustment
project. The governing body or bodies will be deemed to have held
a public hearing if the removal of the designation of an readjustment
project is included as an agenda item of a regular session in which
the governing body or bodies meet to take official action. The Office
will act to dedesignate a readjustment project upon the written request
of a governing body or bodies after:
(i) the governing body or bodies has provided written
notice to the qualified business that has been designated a readjustment
project, 30 calendar days in advance of the proposed action, that
the governing body or bodies is initiating proceedings to remove the
readjustment project designation. The notice must specify the reason
why the governing body or bodies believes the readjustment project
is in noncompliance and specify the time, date, and location where
the readjustment zone governing body or bodies plans to take official
action to request the Office to remove the readjustment project designation.
A copy of the notice and copies of any written responses to the notice
by the qualified business must be provided to the Office; and
(ii) a public hearing is held and a resolution adopted
that requests the Office to remove the readjustment project designation
as of a specific date. The resolution must specify the conditions
that caused the dedesignation process to be initiated and include
a finding that written notice as specified under this chapter has
been given.
(3) Following the governing body's or bodies' written
request to the Office to dedesignate a readjustment project, the qualified
business may appeal the governing body's or bodies' action to the
Office's executive director. Such appeal must be made in writing within
30 days of the governing body's or bodies' written request to the
Office for dedesignation. Upon receipt of such appeal, the executive
director shall act upon the appeal within 30 days from the date the
appeal is received.
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