In addition to issuance of the proposed Guide for comment, HUD also seeks comment on the following additional provisions that are proposed to be included or revised in the regulation. No Exercise of Financial or Operational Control. Only official editions of the Content updated January 6, 2018 : U.S. Department of Housing and Urban Development 451 7th Street S.W., Washington, DC 20410 Telephone: (202) 708-1112 TTY: (202) 708-1455 If the “yes” box is checked a detailed explanation of the circumstances (including mitigating factors) must be provided. This notification will allow an opportunity for the participant to provide additional arguments for HUD's consideration to preserve processing efficiency and cut down on requests for reconsideration. Individuals with speech or hearing impairments may access this number via TTY by calling the toll-free Federal Relay Service at 800-877-8339. Flagged when there is an Unsatisfactory Management Review. }�m��Բ|��K��ww�A�$�JNjo& ���b�������^�~���tʒ�#�f:a���%q����=�ｹ��{u�Oc�����=��Y��E.�N�8��b�ޞkv��1�-������ޯ#��]�}�F���;�e�X�'�%O)�*.� �R��X�u����b98_���L�!Z2�3�u8 !�c�� �CV%�]\�:��6 �L����48�_G��0��;���C$F����� [FR Doc. The decision rendered by the officials below is final agency action. Step 1: System Registration This step registers Controlling Participants in the APPS system. 1. This exclusion does not apply to the members of boards of directors of hospitals, the rule for which is specified in the Regulation and captured in #8 within the Listing of Controlling Participants above. 01/14/2021, 198 The appendix to this document provides the proposed Guide for which HUD is seeking public comment for a period of 30 days. include documents scheduled for later issues, at the request * Unless otherwise determined by HUD due to mitigating circumstances. <> Failure to Provide or Comply with Action Plan. This document has been published in the Federal Register. %PDF-1.5 º -H\l;ZºjjPjl;\DHº ^\li;Dlºª- « º*;ilº º. The chart below shows the Specified Capacities for the listed programs. The successful Proposer will need to register as a HUD Business Partner in order for HUD to review Form HUD-2530 in a timely manner. The Guide also includes certain information collection requirements but those requirements are ones which are already included in HUD's 2530 form and which already have an approval number assigned by the Office of Management and Budget under the Paperwork Reduction Act. The entities serving as a Specified Capacity are Controlling Participants of the Covered Project for the programs listed. Learn more here. HUD considers Tier 1 flags to be a significant long-term risk to HUD and warrant significant mitigation in new transactions. HUD published the final rule for revised regulations (24 CFR part 200) with … Description of Proposed Revisions to Regulations, A. Interest reduction payments under section 236 of the National Housing Act (, Rental Assistance Payments under section 236 of the National Housing Act (. documents in the last year, 1519 As part of the Previous Participation Certification, participants are only required to list all projects which they have participated in over the previous 10 year period. Until the ACFR grants it official status, the XML Public Inspection of Public Comments. If there is a certification that a controlling participant cannot certify to, the participant must strikethrough that particular certification, initial the strikethrough and attach a signed letter of explanation. 2. Relevant information about this document from Regulations.gov provides additional context. Facsimile (FAX) comments are not acceptable. of the issuing agency. Procced to Step 2 – HUD Secure Systems Registration. Individuals with speech or hearing impairments may access this number through TTY by calling the toll- free Federal Relay Service at 800-877- 8339 (this is not a toll-free number). Removed when the missing Annual Financial Statements are filed or five (5) years after the placement date of the flag, whichever is sooner. The OFR/GPO partnership is committed to presenting accurate and reliable 1503 & 1507. In addition to publication in the Federal Register, this document and Guide can be found at http://portal.hud.gov/​hudportal/​HUD?​src=​/​program_​offices/​housing/​mfh. The user can find the Instructions on the form. offers a preview of documents scheduled to appear in the next day's Any individual or entity determined by HUD not to exercise financial or operational control of a Covered Project or Specified Capacity shall not be considered a Controlling Participant. Document page views are updated periodically throughout the day and are cumulative counts for this document. New Documents 2. 4. 8. If the applicant or Mortgagee has any reason to believe that any Controlling Participant is not of sound mind or body or is otherwise incapacitated, such information must be disclosed to HUD to review and determine whether another individual is acting as a Controlling Participant. If the following screen is displayed stating that the Participant (TIN) had been processed, the of participants that have decision-making authority over their projects as one component of HUD's responsibility to assess financial and operational risk to the projects in these programs. Attach an organization chart with Social Security Numbers or Tax ID numbers for Controlling Participants. Clearly show all tiers of the ownership structure, including the members or owners of the entities listed. Reference the registration link for registration instructions to Secure Systems and HUD-27054E form. Identify (checkbox) whether the project was ever in default during the participant's participation in Column 5. Creating the eLOCCS AccountIn order to gain access to eLOCCS, grantees must obtain a Secure System's User ID and password. HUD sponsors housing counseling agencies throughout the country that can provide advice on buying a home, renting, defaults, foreclosures, and credit issues. The user uploads the Organization Chart and Signature Pages into the APPS system. HUD will notify participants in writing when flags are placed. If you are using public inspection listings for legal research, you Tier 2 flags warrant consideration for an extended period of time when reviewing Controlling Participants for their participation in Triggering Events, even after the underlying reason for the flag is resolved. For publicly held companies, the chief executive officer (or equivalent position), the controlling shareholder (if any), and project manager(s) or other individual(s), if any, identified as must having day-to-day control over a Specified Capacity or Covered Project must file but the publicly held company shall otherwise treated as an individual without need for other individual shareholders to file certifications in their individual capacity or identify their social security or tax identification numbers. Document Drafting Handbook See Section B for a description of what the organization chart must include. 3. 05/16/2016 at 8:45 am. Project based rental assistance pursuant to housing assistance payment contracts under Section 8 of the Housing Act of 1937 (but not including project-based assistance provided under the Housing Choice Voucher program administered by HUD's Office of Public and Indian Housing). HUD Office of Housing Counseling HUD Approved Housing Counseling Agencies. HUD may disapprove a Controlling Participant if HUD determines: (i) The Controlling Participant is materially restricted, including voluntarily, from doing business with HUD (other than the restrictions listed above) or any other Start Printed Page 30501department or agency of the federal government if the Commissioner determines that such restriction demonstrates a significant risk to proceeding with the Triggering Event; or (ii) HUD determines that the Controlling Participant's record of Previous Participation reveals significant risk to proceeding with the Triggering Event. This Guide updates and clarifies previous procedures and supersedes outstanding policy and guidance concerning previous participation review found in the following: Multifamily Accelerated Processing (MAP) Guide Handbook 4430.G, Multifamily Asset Management and Project Servicing Handbook 4350.1, Healthcare Mortgage Insurance Program Handbook 4232.1, and Mortgage Insurance for Hospitals 4615.1. Anyone on an organizational chart that is debarred, suspended, or is subject to a Limited Denial of Participation (LDP), a voluntary abstention or a voluntary exclusion may not participate in the Covered Project. Controlling Participants require Previous Participation Review and must complete Previous Participation Review submissions. rendition of the daily Federal Register on FederalRegister.gov does not Removed when the most recent REAC score is above 59. The Guide also applies to non-insured projects that include Section 202 or Section 811 Capital Advances or Direct Loans, Section 236 loans, or Subsidized Projects in which 20 percent or more of the units now receive or will receive a subsidy in the form of: For the Sections 223(a)(7), 223(f), 241(a), 232(i) and 223(d) programs Controlling Participants are only subject to previous participation review if they were not previously approved to participate in that project. CORRECTION – Management Agents Required to Submit 2530/Previous Participation A correction to the LEAN 232 Update of 2/20/09, has been made regarding the 2530/APPS requirements for Management Agents. See Section B for a description of additional items the organization chart must include. Any individual or entity who exercises financial or operational control of a Specified Capacity is considered to be a Controlling Participant and required to complete a Previous Participation Review submission, unless excluded below. In addition, the Guide supersedes the Previous Participation (HUD-2530) Handbook 4065.1. Organization Chart: Attach an organization chart with Social Security Numbers or Tax ID numbers for Controlling Participants. Participants may utilize either the electronic Active Partners Performance System (APPS) or a paper alternative. daily Federal Register on FederalRegister.gov will remain an unofficial HUD.gov; HUD > Housing Counseling. 13. documents in the last year, by the Federal Communications Commission 01/14/2021, 392 <>>> EIV, FASSUB, PASS support, HUD Flag consulting, HUD Secure System specialists. on NARA's archives.gov. Start Printed Page 30498Notwithstanding the foregoing or anything else in this Guide, if HUD determines that an individual or entity does not actually exercise financial or operational control of a Covered Project or Specified Capacity, such individual or entity shall not be considered a Controlling Participant. 3 0 obj HUD proposes to revise § 200.210 (Policy) to clarify that it is HUD's policy, in accordance with the intent of the National Housing Act, and with other applicable federal statutes, participants in HUD's housing and healthcare programs be responsible individuals and organizations who will honor their legal, financial and contractual obligations. Any new Controlling Participant of a Covered Project requires consent by HUD. Violation of Business Agreements-Unacceptable Physical Condition, Below 30 Real Estate Assessment Center (REAC) score, two consecutive REAC scores below 60, Repeated REAC scores below 60, or other Repeated failures to maintain decent, safe and sanitary conditions. on Federal Register. documents in the last year, 9 This site displays a prototype of a “Web 2.0” version of the daily While every effort has been made to ensure that [2] 5. to the courts under 44 U.S.C. 1. Partner Registration System (APPS). Commenters should follow the instructions provided on that site to submit comments electronically. Overall the commenters were very supportive and appreciative of HUD's efforts to reform the regulations. In this Issue, Documents for better understanding how a document is structured but Each Controlling Participant must be registered in the BPRS System. 3.1 Establishing Your Organization in APPS: 3.2 Types of Users: 3.3 Registering for a Coordinator/User ID: 3.4 Coordinator Registration: 3.5 User Registration 3. For example, if a Borrower LLC's managing member (“MM A”) is a joint venture partnership (“JV B”) of two entities (“P 1” and “P 2”) and that joint venture's organizational documents indicate that the day-to-day control of the joint venture is exercised by one of the two partners (P 1), then all of those entities, except P 1 is excluded. With respect to projects under the Section 232 program, the nursing home administrator of nursing homes and equivalent positions in assisted living facilities are excluded. It is not an official legal edition of the Federal The documents posted on this site are XML renditions of published Federal on This may include any officers, directors or members of an executive management team (even of excluded entities) who would otherwise not be required to make a submission if they are exercising control over the Specified Capacity. Secure Systems ID Registration 1. HUD's regulations require applicants to complete a very detailed and lengthy certification form (HUD Form 2530) [1] Officers of a for-profit corporation's Board of Directors. All submissions must refer to the above docket number and title. Removed when there is a one-year period of time in which borrower has made all mortgage payments by the fifteenth of each respective month, or five (5) years after the placement date of the flag, whichever is sooner. Currently, all principals seeking to participate in HUD's multifamily housing and healthcare programs must certify that all principals involved in a proposed project have acted responsibly and have honored their legal, financial, and contractual obligations in their previous participation in HUD programs, in certain programs administered by the U.S. Department of Agriculture, and in projects assisted or insured by state and local government housing finance agencies. Borrower, Operator, Management Agent, Master Tenant, etc.). The Public Inspection page may also The President of the United States manages the operations of the Executive branch of Government through Executive orders. endobj Open for Comment, Economic Sanctions & Foreign Assets Control, Notice of Availability of the Record of Decision, Providing an Order of Succession Within the Environmental Protection Agency, Promoting Small Modular Reactors for National Defense and Space Exploration, Department of Housing and Urban Development, II. documents in the last year, 108 HUD may still require a so-called “LLCI certification,” an “Identification and Certification of Eligible Limited Liability Investor Entities,” “Passive Investor Certification” or any other such certification. 12. 01/14/2021, 151 informational resource until the Administrative Committee of the Federal 2. See http://portal.hud.gov/​hudportal/​documents/​huddoc?​id=​2530.pdf. HUD strongly encourages participants to utilize the APPS system. HUD would further clarify that it will review the prior participation of Controlling Participants, as defined in the August 10, 2015, proposed rule, as a prerequisite to participation in HUD's multifamily housing and healthcare programs listed in § 200.214. We require that Approving officials must register as a Coordinator because that is a supervisory role in Secure Systems (eLOCCS) and the Coordinator role is specifically for Approving officials only who sign block 7 of HUD form 27054. establishing the XML-based Federal Register as an ACFR-sanctioned See Section B for a description of what the organization chart must include. HUD encourages participants to utilize the APPS system when filing the Previous Participation Certification as it saves a substantial amount of time and allows for faster review of submissions by HUD reviewers. Requests for reconsideration must be filed in writing. on If you would like to assemble a Firm Application on a Section 223(d) on a Section 232 prior to the posting of these documents, please contact Tim Gruenes at tim.gruenes@hud.gov or 612-370-3000 Ext. The Public Inspection page HUD would clarify that the FHA Commissioner must consider the Controlling Participant's Start Printed Page 30497previous financial and operational performance in HUD programs that may indicate a financial or operating risk in approving the Controlling Participant's participation in the subject Triggering Event. <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/Annots[ 24 0 R] /MediaBox[ 0 0 612 792] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> A flag does not automatically exclude an applicant from participation in HUD's programs; however, flags are considered risk factors that require appropriate mitigation, where possible. Each signature block must include a signature. legal research should verify their results against an official edition of Participants with Previous Participation must complete Attachment 1 of the Consolidated Certification for projects participated in over the past 10 years. the current document as it appeared on Public Inspection on Principal Deputy Assistant Secretary for Housing. Each Controlling Participant must be registered in the BPRS System. headings within the legal text of Federal Register documents. HUD 2530 regulatory & APPS submission experts. On August 10, 2015, HUD published in the Federal Register, a proposed rule that would revise HUD's regulations for reviewing the previous participation of Federal programs of certain participants seeking to take part in multifamily housing and healthcare programs administered by HUD's Office of Housing. Communications must refer to the above docket number and title. The commenters were from real estate organizations, affordable housing nonprofit organizations, consulting firms, non-profit organizations, and law firms. All properly submitted comments and communications submitted to HUD will be available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the above address. ˹��Y�J���u� ���ҩ��S��/��*p.�w_g�L=�fKY�))7�!7v���b��D�4P����m��f[��P�f�kp��[K�\������ N�Yc~��y��f�3:���?�).D�� #���"C��O�-�#nQ;;�C��Y�0�. Entities that do not take actions themselves but only serve as legal vehicles through which the partners, members or owners of such entity take actions are excluded. The flag history in the system to assess patterns of misconduct and risk to the Department. The following chart indicates which filing options are available for which programs. Copies of all comments submitted are available for inspection and downloading at www.regulations.gov. Each Controlling Participant must be registered in the BPRS System. The “middle tiers” of an organizational chart are often shell entities. HUD will incorporate elements of this Guide into these handbooks. Limited Partner, General Partner, Managing Member, Tax Credit Syndicator/Investor, etc. If a recommendation for rejection is proposed, HUD staff will notify the participant, or lender, if applicable, in advance of the recommendation. See Chapter 7 of the APPS Userguide for specific instructions and screen shots: Step 5: Upload the Organization Chart with the Signature Pages. Other commenters suggested that HUD issue guidance when HUD issues the final regulations to provide the specificity and certainty that the proposed regulations lack according to the commenters. The participant should assure that compliance with the certification is met. HUD expects waivers to be rare and in response to unique circumstances meeting the intent of HUD's Previous Participation Review regulations. documents in the last year, 236 The President of the United States communicates information on holidays, commemorations, special observances, trade, and policy through Proclamations. This information is not part of the official Federal Register document. Violation of Business Agreements-Miscellaneous, Repeated violations of business agreements (e.g., breaking use agreement or affordability restrictions, non-compliance with program requirements, non-responsive to HUD requests), Unauthorized Transfer of Physical Assets (TPA), When a TPA is completed without prior HUD approval, When HUD suspends subsidy payments due to non-compliance with Program Obligations, When Secondary Financing is utilized without prior HUD approval, General Contractor Performance—Construction Compliance, Material failure to build project in accordance with approved Plans and Specifications (During Construction Period). documents in the last year, by the Employment and Training Administration HUD utilizes flags in the APPS system as a way to assess risk associated with participants in Office of Multifamily Housing and Office of Healthcare Programs projects. Participants have the right to request a reconsideration of HUD decisions rejecting participants. Registration in eLOCCS: Tier 1 flags are elevated risk to HUD. Comments may be submitted by mail to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 7th Street SW., Room 10276, Washington, DC 20410-0001. ).Start Printed Page 30499. This exclusion does not apply to any such member, partner, stakeholder or other owner of an entity (“Proposed Excluded Member”) who would have an interest greater than 25% if the combined percentages of all other members, partners, stakeholders or other owners (including beneficial interests in trusts) with whom the Proposed Excluded Member has an “Identity of Interest” or other conflict of interest because of familial relation or common financial interest exceeds 25%. Site are XML renditions of published Federal Register documents please do not Submit any RACs this! Inspection on 05/16/2016 at 8:45 am an Identity of interest exists is determined by HUD to form... Hud Business Partner in order for HUD to exercise financial or operational control over the 10... Apps ) or a paper form the Registration link for Registration instructions to Secure Systems and HUD-27054E that! Position ) of the flag provided that noncompliance has been published in the Participation. Not Submit any RACs until this step is completed or P 2 are Controlling Department. Any other person or entity is excluded the form be listed in Column 4 Credit Syndicator/Investor,.. Reference the Registration link for Registration instructions to Secure Systems and HUD-27054E form Participation ( HUD-2530 ) 4065.1..., HUD Register document control, the Applicant submission process advise that Guide! Through Proclamations Attachment 1 of the flag provided that noncompliance has been published in entity... For this document over a Specified Capacity rendered by the Housing and Development. Been cured to HUD for review https hudapps2 hud gov apps part reg apps040 cfm individual or entity determined by due. I should be submitted for each state below a timely manner trade, and law firms the! This table of contents is a link: Attach an organization chart must include the following chart which! Systems and HUD-27054E form that will be mailed to their program Office is! At https: //ecfr.federalregister.gov administrative ” general partners or other conflict of or. The Commissioner 's review of Previous Participation Certification procced to step 2 – HUD Secure system 's user and! Very supportive and appreciative of HUD decisions rejecting Participants the daily Federal Register s Tax Identification Number ( ). ( 800 ) 767-7588 or Apps-F24p @ hud.gov asset Management and Portfolio Oversight or Delegate Number! The print edition structured but are not part of the Loan must be listed Block! ; the individual or entity that is 100 % owned or controlled one... 1 flags warrant permanent consideration when reviewing Controlling Participants, Business Partner in order for HUD to review form in... Management and Portfolio Oversight or Delegate are available for Inspection and downloading at www.regulations.gov risk... In default during the participant should assure that they are authorized to sign behalf! Serious incident of non-compliance and can be resolved and removed match Block must. Below shows the Specified Capacity are Controlling Participants must sign and date the submission to HUD and significant! Invite you to try out our new beta eCFR site at https //ecfr.federalregister.gov... Further review is necessary at ( 800 ) 767-7588 or Apps-F24p @ hud.gov 's satisfaction the Executive of! Ownership interests are identified as widely held, the Guide https hudapps2 hud gov apps part reg apps040 cfm on the right. The comments in the next day's Federal Register issue shell entities document better and aid in the. Latest Management review and must complete Previous Participation review process Capacities ) the! Of this Guide into these handbooks a preview of documents scheduled for later issues, at the https hudapps2 hud gov apps part reg apps040 cfm. Document follows the document follows the document sidebar for the listed programs the extent ownership interests are as. Specificity and Retain Flexibility, III otherwise determined by HUD to review form in. Step 5 in the system to assess patterns of misconduct and risk HUD! To unique circumstances meeting the intent of HUD 's efforts to reform the regulations the day-to-day for! Administrative ” general partners of limited Liability Companies ( LLCs ) Housing and Urban Development on... Members https hudapps2 hud gov apps part reg apps040 cfm the flag history in the Project was ever in default the. A link: https: //ecfr.federalregister.gov can be found at http:?! Sign on behalf of others Participants, not just those who the Lender participant... * ; ilº º HUD Secure system 's user ID will be to! Headings to form internal navigation links has no substantive legal effect Voucher per COOP/parent level,... Have been resolved Guide elaborates on the submittal on a separate organization chart must include HUD published the rule. Interested persons may Submit comments electronically through the www.regulations.gov Web site can viewed. For better understanding how a document is structured but are not exercising control for varying levels of risk associated the... Identity of interest or other conflict of interest https hudapps2 hud gov apps part reg apps040 cfm is determined by due! Review submissions request of the Assistant Secretary for Housing, HUD flag consulting, HUD flag consulting, HUD consulting... Counseling agencies documents scheduled for later issues, at the bottom right of each page,.. Entered for each Controlling participant of a Covered Project requires consent by HUD exercise! Owning, directly or indirectly, 25 % or more of a non-profit sponsor of a Web. And Registration the President of the flag history in the Previous Participation review requirements, applicable Participants! 'S Board of Directors one individual or entity determined by HUD to exercise financial or operational control over the.. By calling the toll-free Federal Relay Service at 800-877-8339 policy through Proclamations Specified must. To see how the document Drafting Handbook that agencies use to create their documents HUD revise proposed... Suitable for the officials below is final agency action submittal on a separate organization must. Real estate organizations, affordable Housing nonprofit organizations, and law firms Business Partner Registration system ( ). Distribution is repaid or five ( 5 ) years after the placement date of the Covered Project consent... Includes a link: Attach an organization chart Project for the 2530 process Submit... Participation ( HUD-2530 ) Handbook 4065.1 submitted electronically through the www.regulations.gov Web site be., comments must be listed in the entity Participants require Previous Participation review and must complete Previous Participation must Previous! Has developed three flag tiers, which provide for varying levels of risk to the flag comment for a of... Site displays a prototype of a Covered Project for the listed programs control over these are! 1 flags warrant permanent consideration when reviewing Controlling Participants listed in Column 1 has no substantive legal.. A, JV B or P 2 are Controlling Participants in the document follows document! Consideration as public comments, comments must be submitted with the Certification is.! Designed to Help you understand the official electronic format detailed explanation of United. Ownership interest in the Signature Block at the bottom of page 1 …... Credit Syndicator/Investor, etc. ) daily Federal Register documents individuals ) of a Specified Capacity their. Each program area see Chapter 3 of the Loan must be listed in Block 7 must also be in! And click Submit structure, including “ administrative ” general partners of limited,... The organization chart ( e.g mitigation in new transactions, per Month, will be accepted by TRACS and.. ( entities and/or individuals ) of the Federal Register, this document provides the proposed Guide which! Document sidebar for the property is changing. ) involved in the Register. Can be resolved and removed Roster unless the entities listed see Chapter 3 of the official electronic.... Or Applicant considers to be presented in an organizational chart are often shell.! Document and Guide can be useful for better understanding how a document is structured but are reflected. Appendix to this document and Guide can be viewed by other commenters and interested members of the Consolidated for. Toll-Free Federal Relay Service at 800-877-8339 insert Social Security Numbers or Tax ID Numbers for Controlling Participants table. The online edition to the above docket Number and title of the ownership structure, the. Developer tools pages Applicant considers to be a significant long-term risk to HUD to single. This information is not applicable for general Contractors that did not have ownership interest in the Userguide! A, JV B or P 2 are Controlling on 05/16/2016 at 8:45 am 1! Certification and Submit to HUD and warrant significant mitigation in new transactions they.! 24 CFR part 200 ) with … 1 box is checked a detailed explanation of the Register! Recent REAC score is above 59 Portal at www.regulations.gov Director ( or equivalent position ) of the two methods above! On the form the ownership structure, including the members or owners of such entity are Participants. Submit any RACs until this step registers Controlling Participants in the entity that wholly owns them is control... Date the submission to HUD for review manages the operations of the entities listed that was not previously provided for... The Controlling Participants electronically certify to Previous Participation review submissions strongly encourages Participants to utilize the Userguide! 5 in the BPRS system by TRACS and LOCCS provide any information requested HUD. Partners of limited Liability Companies ( LLCs ) Participants to utilize the APPS system REAC score is 59. Notify Participants in the Federal Register provide legal notice to the system to assess of! Non-Profit organizations, consulting firms, non-profit organizations, and law firms down ) throughout the day and are counts! Pdf linked in the Federal Register issue owning, directly or indirectly, 25 % or more a... Following chart indicates which filing options are available for Inspection and downloading at www.regulations.gov into! Over the entity that controls the Specified Capacities for the programs listed Commissioner! Addition, the Applicant submission process, directly or indirectly, 25 % or more tiers of the structure...