| Loan Commitment, or LURA if the Appealing Party
does not have grounds to appeal as described in subsection (d) of
this section.
(5) In the case of possible actions by the Board regarding
Appeals, the Board may:
(A) Concur with the Appealing Party and grant the Appeal;
or
(B) Disagree with the Appealing Party, in concurrence
with the Executive Director's original determination, and provide
the basis for rejecting the Appeal.
(C) In instances in which the Appeal, if granted by
the Board would have resulted in an award to the Applicant, the Application
shall be evaluated for an award as it relates to the availability
of funds, and staff will recommend an action to the Board in the meeting
at which the Appeal is heard, or a subsequent meeting. If no funds
are available in the current year's funding cycle, then the Appealing
Party may be awarded funds from a pool of deobligated funds or other
source, if available.
(D) In the case of actions regarding all other Appeals,
the Board shall direct staff on what specific remedy is to be provided,
allowable under current laws and rules.
(g) Board Decision. Appeals not submitted in accordance
with this section will not be considered, unless the Executive Director
or Board, in the exercise of its discretion, determines there is good
cause to consider the appeal. The decision of the Board is final.
(h) Limited Scope. The appeals process provided in
this rule is of general application. Any statutory or specific rule
with a different appeal process, including the limitations expressed
in subsection (a) of this section, will be governed by the more specific
statute or rule. Except as provided for in §2.401 of this title,
this section does not apply to matters involving a Contested Case
Proceeding under §1.13 of this subchapter (relating to Contested
Case Hearing Procedure).
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