Ch. 460                                    LAWS OF MARYLAND

request of the Board of Public Works, the applicant shall submit
evidence satisfactory to the Board that none of the proceeds of
the grant have been or are being used for a purpose prohibited by
this Act.

(8)  The Board of Public Works shall make allocations from
funds available under this Act in accordance with this Act. The
Board shall certify the allocations to the proper State officers,
and the Treasurer shall make payments to the applicant, when
needed, for the approved project. The Board may adopt
regulations for receiving and considering applications and for
disbursing funds to applicants.

(9)  If, within 15 years after completion of a project, a
property with respect to which funds have been paid under this
Act is sold or transferred to any person, agency, or organization
that would not qualify as an applicant under this Act, or that is
not approved as a transferee by the Board of Public Works, or if,
within the same period, such a property ceases to be a "facility"
as defined in this Act, then the State may recover from either
the transferor or transferee or, in the case of a property that
has ceased to be a "facility" as defined in this Act, from the
owner, an amount bearing the same ratio to the then-current value
of so much of the property as constituted an approved project as
the amount of the State participation bore to the total eligible
cost of the approved project, together with all cost costs and
reasonable attorneys' fees incurred by the State in the recovery
proceedings.

(a)  Before the State makes any funds available for an
approved project, the Department shall cause a notice of this
right of recovery to be recorded in the land records of the
county or Baltimore City in which the property is located. The
recording of the notice shall not create any lien against the
property; however, it shall constitute notice to any potential
transferee, potential creditor, or other interested party of the
possibility that the State may obtain a lien under this Act.

(b)  In the event of an alleged sale or transfer as
described above, or in the event that a property is alleged to
have ceased to be a "facility" as defined in this Act, the
Secretary of the Board of Public Works may file, in the circuit
court for the county or Baltimore City in which the property is
located, a claim under this Act (styled as a civil action against
the owner of the property and any other interested parties,
including any transferor that the State wishes to make a party),
together with sworn affidavits stating facts on which the
allegations of default are based, as well as a detailed
justification of the amount claimed.                                             

                (i) If the circuit court determines from the

State's initial filing that there is probable cause to believe
that a default has occurred, the court shall authorize a

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