Texas Register, Volume 46, Number 38, Pages 5983-6306, September 17, 2021 Page: 6,037
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the email or physical address shown in the Contract System will be
deemed delivered to the Subrecipient. Correspondence from the De-
partment may be directly uploaded to the Subrecipient's CA contract
account using a secure electronic document attachment system. Once
uploaded, notification of the attachment will be sent electronically to
the email address listed in the Contract System. The Department is not
required to send a paper copy and if it does so it does as a voluntary
and non-precedential courtesy only.
(e) Upon the hiring of a new program coordinator (e.g., the
weatherization program coordinator) for an activity funded by non-dis-
cretionary CSBG, LIHEAP, or DOE-WAP the Subrecipient is required
to contact the Department with written notification within 30 calendar
days of the hiring, and to request training and technical assistance.
(f) Contact information for a primary and secondary contact
are required to be provided to the Department and accurately main-
tained as it relates to the handling of disaster response and emergency
services as provided for in 6.207(d) of this title (relating to Subrecip-
ient Requirements).
6.7. Subrecipient Reporting Requirements.
(a) Subrecipient must submit the Monthly Performance and
Expenditure Report through the Contract System not later than the fif-
teenth day of each month following the reported month of the Con-
tract Term or for LIHWAP only not later than the twentieth day of each
month following the reported month of the Contract Term. Reports
are required even if a fund reimbursement or advance is not being re-
quested. It is the responsibility of the Subrecipient to upload informa-
tion into the Department's designated database.
(b) Subrecipient shall reconcile their expenditures with their
performance on at least a monthly basis before seeking a request for
funds for the following month. If the Subrecipient is unable to recon-
cile on a month-to-month basis, the Subrecipient must provide at the
request of the Department, a written explanation for the variance and
take appropriate measures to reconcile the subsequent month. It is the
responsibility of a Subrecipient to demonstrate the compliant use of all
funds provided during the Contract Term.
(c) If the Department has provided funds to a Subrecipient in
excess of the amount of reported Expenditures in the ensuing month's
report, no additional funds will be released until those excess funds
have been expended. For example, in January a Subrecipient requests
and is advanced $50,000. In February, if the Subrecipient reports
$10,000 in Expenditures and an anticipated need for $30,000, no funds
will be released.
(d) Subrecipient shall electronically submit to the Department,
no later than 45 days after the end of the Subrecipient Contract Term, a
final accounting of the Contract's expenditure or reimbursement utiliz-
ing the final Monthly Performance and Expenditure Report. If this or a
later reconciliation results in funds owed to the Department, Subrecipi-
ent shall, within 10 calendar days, either send funds to the Department,
or contact the Department to enter into a time-limited Department ap-
proved repayment plan.
(e) CSBG Annual Report and National Survey. Federal re-
quirements mandate all states to participate in the preparation of an
annual performance measurement report. To comply with the require-
ments of 42 U.S.C. 9917, all CSBG Eligible Entities and other orga-
nizations receiving CSBG funds are required to participate.
(f) The Subrecipient shall submit other reports, data, and infor-
mation on the performance of the DOE and LIHEAP-WAP program
activities as required by DOE pursuant to 10 CFR 440.25 or by the
Department.(g) Subrecipient shall submit other reports, data, and informa-
tion on the performance of the federal program activities as required
by the Department.
(h) A Subrecipient may refer a Contractor to the Department
for Debarment consistent with 2.401 of this title, (relating to Debar-
ment from Participation in Programs Administered by the Department).
6.8. Appeals, Denial of Service, and Complaints.
(a) Appeals. LIHEAP Subrecipients and CSBG Eligible Enti-
ties must adhere to all of Chapter 1, Subchapter D, #1.411 of this title
(relating to Administration of Block Grants under Chapter 2105 of the
Tex. Gov't Code). Entities that receive CSBG Discretionary only, LI-
HWAP, and DOE WAP must only follow 1.411(e)(1) - (6), relating to
Requests for Reconsideration.
(b) Denial of Service. Subrecipient shall establish a written
procedure for the handling of denials of service when the denial
involves an individual inquiring or applying for services/assistance
whom is communicating or behaving in a threatening or abusive
manner.
(c) Complaints. Subrecipient shall establish a written proce-
dure to address complaints of customer dissatisfaction. The procedure
shall at a minimum include:
(1) An investigation, completed within 10 days of com-
plaint receipt, by at least one individual of the Subrecipient not origi-
nally associated with the complaint; and
(2) If the customer is not satisfied with the investigation,
a process wherein the Executive Director makes a final decision on
whether to concur or disagree with the complaint.
6.9. Training Funds for Conferences.
The Department may provide financial assistance to Subrecipients for
training and technical activities for state sponsored, federally spon-
sored, and other relevant workshops and conferences. Subrecipients
may use program training funds to attend conferences provided the
conference agenda includes topics directly related to administering the
program. Costs to attend the conference must be prorated by program
for the appropriate portion. Only staff billed to the specific program,
directly or indirectly, may charge any training and travel costs to the
program.
6.10. Board Approval.
Subrecipient's Board of Directors must be notified of any action taken
by the Subrecipient's staff to voluntarily relinquish funds or to not ac-
cept proposed awards from the Department.
6.11. Compliance Monitoring.
(a) Purpose and Overview.
(1) This section provides the procedures that will be fol-
lowed for monitoring for compliance with the programs in this chapter,
10 TAC Chapter 6, including LIHWAP.
(2) Any entity administering any or all of the programs de-
tailed in this chapter, 10 TAC Chapter 6, is a Subrecipient. A Sub-
recipient may also administer other programs, including programs ad-
ministered by other state or federal agencies and privately funded pro-
grams. If the Subrecipient has contracts for other programs through
the Department, including but not limited to the Emergency Solutions
Grants, Ending Homelessness Fund, Homeless Housing and Services
Program, HOME Partnerships Program, the Neighborhood Stabiliza-
tion Program, or the State Housing Trust Fund, the Department may,
but is not required to and does not commit to, coordinate monitoring ofPROPOSED RULES September 17, 2021 46 TexReg 6037
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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/m1/55/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.