Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,021
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(A) The condition or determination with which the Ap-
plicant or potential Subrecipient disagrees;
(B) The reason(s) why the Applicant/potential Subre-
cipient disagrees with EARAC's or Compliance's recommendation or
conditions;
(C) If the Dispute relates to conditions, any suggested
alternate condition language;
(D) If the Dispute relates to a negative recommenda-
tion, any suggested conditions that the Applicant believes would allow
a positive recommendation to be made; and
(E) Any supporting documentation not already submit-
ted to EARAC or Compliance.
(4) An Applicant must file a written Dispute not later than
the seventh calendar day after notice recommendation of denial or
award with conditions has been provided. The Dispute must include
any materials that the Applicant wishes EARAC and/or the Board
to consider. An Applicant may request to meet with EARAC and
EARAC is not obligated to meet with the Applicant.
(5) EARAC is not required to consider a Dispute prior to
making its recommendation to the Board.
(6) If an Applicant proposes alternative conditions
EARAC may provide the Board with a recommendation to accept,
reject, or modify such proposed alternative conditions.
(7) A Dispute will be included on the Board agenda if re-
ceived at least seven calendar days prior to the required posting date
of that agenda. If the Applicant desires to submit additional materials
for Board consideration, it may provide the Department with such ma-
terials, provided in pdf form, to be included in the presentation of the
matter to the Board if those materials are provided not later than close
of business of the fifth calendar day before the date on which notice
of the relevant Board meeting materials must be posted, allowing staff
sufficient time to review the Applicant's materials and prepare a presen-
tation to the Board reflecting staffs assessment and recommendation.
The agenda item will include the materials provided by the Applicant
and may include a staff response to the dispute and/or materials. It is
within the Board chair's discretion whether or not to allow an appli-
cant to supplement its response. An Applicant who wishes to provide
supplemental materials at the time of the Board meeting must comply
with the requirements of 1.10 of this chapter (relating to Public Com-
ment Procedures). There is no assurance the Board chair will permit
the submission, inclusion, or consideration of any such supplemental
materials.
(8) The Board and EARAC will make reasonable efforts to
accommodate properly and timely filed Disputes under this subsection.
(h) Board Discretion. Subject to limitations in federal statute
or regulation or in UGMS, or in TxGMS, the Board has the discretion
to accept, reject, or modify any EARAC recommendations in response
to a recommendation for an award or in response to a Dispute. The
Board may impose other conditions not noted or contemplated in this
rule as recommended by EARAC, or as requested by the Applicant;
in such cases the conditions noted will have the force and effect of an
order of the Board.
The agency certifies that legal counsel has reviewed the pro-
posal and found it to be within the state agency's legal authority
to adopt.
Filed with the Office of the Secretary of State on September 2,
2021.TRD-202103467
Bobby Wilkinson
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: October 17, 2021
For further information, please call: (512) 475-1762
SUBCHAPTER D. UNIFORM GUIDANCE FOR
RECIPIENTS OF FEDERAL AND STATE FUNDS
10 TAC 1.401 - 1.404, 1.407, 1.411
The Texas Department of Housing and Community Affairs (the
Department) proposes the repeal of 10 TAC Chapter 1, Adminis-
tration, Subchapter D, Uniform Guidance for Recipients of Fed-
eral and State Funds, 1.401 Definitions; 1.402 Cost Principles
and Administrative Requirements; 1.403 Single Audit Require-
ments; 1.404 Purchase and Procurement Standards; 1.407
Inventory Report; and 1.411 Administration of Block Grants un-
der Chapter 2105 of the Tex. Gov't Code.
The purpose of the proposed repeal is to clarify requirements for
participants of the Department's program; to implement changes
related to Texas' Grant Management Standards; and to permit
subrecipients of the certain programs to receive a reasonable
fee for their administration of certain programs under the State
Housing Trust Fund rather than reimbursement based on docu-
mentation of incurred administrative expenses.
Tex. Gov't Code 2001.0045(b) does not apply to the rule pro-
posed for action because it was determined that no costs are
associated with this action, and therefore no costs warrant be-
ing offset.
The Department has analyzed this proposed rulemaking and the
analysis is described below for each category of analysis per-
formed.
a. GOVERNMENT GROWTH IMPACT STATEMENT RE-
QUIRED BY TEX. GOV'T CODE 2001.0221.
Mr. Bobby Wilkinson, Executive Director, has determined that,
for the first five years the proposed repeal would be in effect:
1. The repeal does not create or eliminate a government pro-
gram but relates to changes to existing guidance for program
subrecipients. These amendments implement changes related
to Texas' Grant Management Standards and provide regulatory
authority to permit subrecipients of the certain programs to re-
ceive a reasonable fee for their administration of certain pro-
grams under the State Housing Trust Fund rather than reim-
bursement based on documentation of incurred administrative
expenses.
2. The repeal does not require a change in work that would
require the creation of new employee positions, nor are the rule
changes significant enough to reduce workload to a degree that
eliminates any existing employee positions.
3. The repeal does not require additional future legislative ap-
propriations.
4. The repeal will not result in an increase in fees paid to the
Department, nor in a decrease in fees paid to the Department.
5. The repeal is not creating a new regulation, except that it
is being replaced by a new rule simultaneously to provide for
revisions.PROPOSED RULES September 17, 2021 46 TexReg 6021
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Texas. Secretary of State. Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021, periodical, September 17, 2021; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth1385246/m1/39/?rotate=90: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.