| that requires correction or clarification, staff will
request such through the Deficiency process as stated in paragraph
(6) of this section, if deemed appropriate. A limited review is intended
to address:
(A) Clarification of issues that Department staff would
have difficulty identifying due to the omission of information that
the Department may have access to only through Applicant disclosure,
such as a prior removal from a tax credit transaction or participation
in a Development that is not identified in the previous participation
portion of the Application; or
(B) Technical correction of non-material information
that would cause an Application deemed non- competitive to be deemed
competitive and, therefore, subject to a staff review. For example,
failure to mark the Nonprofit Set-Aside in an Application that otherwise
included complete submission of documentation for participation in
the Nonprofit Set-Aside.
(8) Challenges to Opposition. Any written statement
from a Neighborhood Organization expressing opposition to an Application
may be challenged if it is contrary to findings or determinations,
including zoning determinations, of a municipality, county, school
district, or other local Governmental Entity having jurisdiction or
oversight over the finding or determination. If any such comment is
challenged, the challenger must declare the basis for the challenge
and submit such challenge by the Challenges to Neighborhood Organization
Opposition Delivery Date as identified in §11.2 of this chapter
and no later than May 1 of the current year for Competitive HTC Applications.
The Neighborhood Organization expressing opposition will be given
seven calendar days to provide any information related to the issue
of whether their assertions are contrary to the findings or determinations
of a local Governmental Entity. All such materials and the analysis
by staff will be provided to a fact finder, chosen by the Department,
for review and a determination. The fact finder will not make determinations
as to the accuracy of the statements presented, but only regarding
whether the statements are contrary to findings or determinations
of a local Governmental Entity. The fact finder's determination will
be final and may not be waived or appealed.
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