(a) To apply for a grant as a new center, an eligible agency shall--
(1) Meet the requirements of Sec. 366.2(b);
(2) Submit an application that meets the requirements of Sec. 366.21; and
(3) Meet the requirements of this section.
(b) Subject to the order of priorities established in Sec. 366.22, a grant for a new center may be awarded to the most qualified eligible agency that applies for funds under this section, if--
(1)(i) No center serves a geographic area of a State; or
(i) No center serves a geographic area of a State; or
(ii) A geographic area of a State is underserved by centers serving other areas of the State;
(2) The eligible agency proposes to serve the geographic area that is unserved or underserved in the State; and
(3) The increase in the allotment of the State under section 721 of the Act for a fiscal year, as compared with the immediately preceding fiscal year, is sufficient to support an additional center in the State.
(c) The establishment of a new center under this subpart must be consistent with the design included in the State plan pursuant to 34 CFR 364.25 for establishing a statewide network of centers.
(d) An applicant may satisfy the requirements of paragraph (c) of this section by submitting appropriate documentation demonstrating that the establishment of a new center is consistent with the design in the State plan required by 34 CFR 364.25. (Approved by the Office of Management and Budget under control number 1820-0018) (Authority: 29 U.S.C. 796f-1(d))