Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,026
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1.407. Inventory Report.
(a) The Department requires the submission of an inventory
report for all Contracts to be submitted to the Department, no later
than 45 days after the end of the Contract Term, or a more frequent
period as reflected in the Contract. Real Property and Equipment must
be inventoried and reported on the Department's required form. The
form and instructions are found on the Department's website.
(b) Real property and Equipment purchased with funds under
a Contract with the Department must be inventoried and reported to the
Department during the Contract Term.
(c) Aggregate Supplies of over $5,000 must be reported to the
Department at the end of the Contract Term using federal form SF-428,
which is a standard form to collect information related to tangible per-
sonal property or other form required by the federal fund source.
1.411. Administration of Block Grants under Chapter 2105 of the
Tex. Gov't Code.
(a) Purpose. The purpose of this section is to inform compli-
ance with Tex. Gov't Code Ch. 2105, Administration of Block Grants.
(b) Applicability. This rule applies to all funds administered
by the Department that are subject to Tex. Gov't Code Ch. 2105. The
activities administered by the Department that are currently subject to
Tex. Gov't Code Chapter 2105 are those funded by the Community Ser-
vices Block Grant (CSBG) funds that are required to be distributed to
Eligible Entities, the Low Income Home Energy Assistance Program
(LIHEAP) funds that are distributed to Subrecipients, and the funds
that the Department administers and distributes to Subrecipients from
the annual allocation from the Community Development Block Grant
(CDBG) Program. If additional block grant funds that would be subject
to Tex. Gov't Code Ch. 2105 by its terms are assigned to the Depart-
ment, they too would be subject to this rule. Capitalized terms used in
this section are defined in the applicable Rules or chapters of this title
or as assigned by federal or state law.
(c) Hearings required to be held by Subrecipients. Consistent
with Tex. Gov't Code 2105.058, Subrecipients that receive more than
$5,000 from one or more of the programs noted in subsection (b) of this
section must annually submit evidence to the Department that a public
meeting or hearing was held solely to seek public comment on the needs
or uses of block grant funds received by the Subrecipient. This meeting
or hearing may be held in conjunction with another meeting or hearing
if the meeting or hearing is clearly noted as being for the consideration
of the applicable block grant funds under this subsection.
(d) Complaints. The Department will notify a Subrecipient of
any complaint received concerning the Subrecipient services. As au-
thorized by Tex. Gov't Code 2105.104, the Department shall consider
the history of complaints, for the preceding three year period, regarding
a Subrecipient in determining whether to award, increase, or renew a
Contract with a Subrecipient. The Department will not consider com-
plaints in determining whether to award, increase, or renew a Contract
with a Subrecipient that the Department has determined in accordance
with 10 TAC 1.2 (relating to Department Complaint System to the
Department) it has no authority to resolve, or that are not corroborated.
(e) Requests for Reconsideration. Subrecipient must establish
written procedures for the handling of denials of service when the de-
nial involves a household inquiring or applying for services/assistance.
This procedure must include, at a minimum:
(1) A written denial of assistance notice being provided to
the affected person within 10 calendar days of the determination. Such
a determination is defined as a denial of assistance, but does not in-
clude a level of assistance lower than the possible program limits or a
reduction in assistance, as long as such process is in accordance withthe written policy. This notification shall include written notice of the
right of a hearing or secondary review of income documentation, as
applicable, the timeframe the affected person has to respond to the de-
cision, and specific reasons for the denial of assistance. The Subrecipi-
ent may adopt a policy limiting the time period during which a request
for a hearing will be accepted and the format for the request, but the
Subrecipient must provide the affected person with at least 10 calendar
days to request a hearing or secondary review.
(2) If requested by the affected person, Subrecipient shall
hold a private, recorded hearing (unless otherwise required by law)
either virtually, by phone, or in person in an accessible location within
15 calendar days after the Subrecipient received the hearing request
from the affected person and must provide the affected person notice
in writing of the time/location of the hearing at least seven calendar
days before the hearing.
(3) The hearing shall allow time for a statement by the Sub-
recipient's staff with knowledge of the case.
(4) The hearing shall allow the affected person at least
equal time, if requested, to present relevant information contesting the
decision.
(5) If a denial is based solely on income eligibility, the pro-
visions described in paragraphs (2) - (4) of this subsection do not ap-
ply, however the affected person may request a secondary review of
income eligibility based on initial documentation provided at the time
of the original request for assistance. Such a secondary review must
include an analysis of the initial calculation based on the documenta-
tion received with the initial request for services and will be performed
by an individual other than the person who performed the initial deter-
mination. If the secondary review upholds the denial based on income
eligibility documents provided at the initial request, the affected person
must be notified in writing.
(6) If the affected person is not satisfied with the Subrecip-
ient's determination at a hearing or as concluded based on a secondary
income eligibility review, the affected person may request a subsequent
review of the decision by the Department if the affected person requests
a further review in writing within 10 calendar days of notification of an
adverse decision. If applicable, Subrecipient's should hold funds aside
in the amount needed to provide the services requested by the affected
person until the Department completes its decision.
(7) Affected persons who allege that the Subrecipient has
denied all or part of a service or benefit in a manner that is unjust,
violates discrimination laws, or without reasonable basis in law or fact,
may request a contested hearing under Tex. Gov't Code, Chapter 2001.
(8) The hearing under subsection (e)(7) of this section shall
be conducted by the State Office of Administrative Hearings on behalf
of the Department in the locality served by the Subrecipient, for which
the procedures are further described in #1.13 of this title (relating to
Contested Case Hearing Procedures).
(f) Nonrenewal or Reduction of Block Grant Funds to a Spe-
cific Subrecipient.
(1) As required by Tex. Gov't Code 2105.202(a), this sec-
tion defines "good cause" for nonrenewal of a Subrecipient contract or
a reduction of funding. Good cause may include any one or more of
the following:
(A) Consistent and repeated corroborated complaints
about a Subrecipient's failure to follow substantive program require-
ments, as provided for in subsection (d) of this section;
(B) Lack of compliance with 10 TAC #1.403 (relating
to Single Audit Requirements);46 TexReg 6026 September 17, 2021 Texas Register
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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/m1/44/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.