2906 - Application and administration.

     § 2906.  Application and administration.        (a)  Procedures.--Application and administration procedures     for fund loans shall be established by the secretary.        (b)  Receipt.--The secretary shall receive applications from     eligible business enterprises for machinery and equipment loans.     Applications shall be made to the secretary in the form and     manner as the department may require.        (c)  Investigation.--Upon receipt of the application, the     secretary shall investigate and review the application and     either approve or disapprove the loan application by proper     action of the department. The decision of the secretary shall be     based, in whole or in part, upon the following criteria:            (1)  Ability of the applicant to meet and satisfy all        debt service as it becomes due and payable.            (2)  Sufficiency of available collateral, including        satisfactory lien positions on real and personal property.            (3)  Eligibility of the applicant as a business        enterprise involved in industrial processes, manufacturing,        mining, production agriculture, information technology,        biotechnology, services as a medical facility or other        industrial or technology sectors as defined by the secretary.            (4)  Sufficient evidence that funds shall be used only to        acquire and install new equipment and machinery or upgrade        existing equipment and machinery, including the acquisition,        application and utilization of computer hardware and        software.            (5)  Capital needs of the applicant.            (6)  Conformity of the project to the provisions of this        chapter.            (7)  Relevant criminal and credit history and ratings of        applicant as determined from outside credit reporting        services and other sources.            (8)  Number of net employment opportunities created and        retained by the proposed project. This paragraph does not        apply to business enterprises involved in production        agriculture or medical facilities.            (9)  Supporting evidence that the loan project will        increase the firm's competitiveness and value added within        its respective industry.            (10)  Explanation of how the loan will aid the        Commonwealth in its efforts to assist business enterprises to        increase their productivity and improve the future        competitive position of this Commonwealth's industries.            (11)  Compliance with the loan amount limitations        provided for machinery and equipment loans.            (12)  Payment to date of all tax obligations due and        owing to the Commonwealth or any political subdivision        thereof.            (13)  Conformity of all aspects of the loan transaction        with the substantive and procedural provisions of this        chapter and regulations promulgated hereunder.            (14)  Such information and documentation as the secretary        shall require.        (d)  Notification.--The secretary shall notify the applicant     of final approval or disapproval of the loan application within     a reasonable period of time following the receipt of the     application. In the case of approval of a loan application, the     secretary shall arrange to draw the loan amount from the fund     and advance the sum to the recipient. The advance shall be made     available in the form of a loan transaction, which loan shall be     evidenced by a note executed by the recipient and secured in a     manner as the secretary shall require in conformity in all     respects to the loan as approved by the secretary.        (e)  Policy requirements and report.--All loans shall be     administered and monitored by the department in accordance with     the policies and procedures prescribed by the secretary. On or     before September 1 of each year, the secretary shall prepare a     report that includes the following:            (1)  Each outstanding loan.            (2)  The date of approval.            (3)  The original principal balance.            (4)  The current principal balance.            (5)  The interest rate.            (6)  The purpose for which the loan was made.            (7)  An enumeration of any problems or issues which have        arisen with regard to each loan.            (8)  A statement regarding the progress of the business        enterprise in creating and retaining its requisite number of        employment opportunities.            (9)  Such other information and documentation as the        secretary shall require.        (f)  Penalty for noncompliance.--In the event that a loan     recipient shall not comply with its approved application by     failing to create or preserve the number of employment     opportunities specified in its approved application, the     secretary shall impose a penalty equal to an increase in the     interest rate to 2% greater than the current prime interest rate     for the remainder of the loan unless the penalty is waived by     the secretary because the failure is due to circumstances     outside the control of the loan recipient. The penalty shall be     payable in installments that the secretary deems appropriate.        Effective Date.  Section 6(1)(i) of Act 12 of 2004 provided     that section 2906 shall take effect upon publication of the     guidelines required by section 2912.        Cross References.  Section 2906 is referred to in section     2911 of this title.