Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013 Page: 8,409
8313-8478 p. ; 28 cm.View a full description of this periodical.
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EARAC may review and analyze the information provided, EARAC
does not function as an appeal panel and does not affirm or overturn
findings in division reports. However, EARAC may return the matter to
the respective division, as time permits, for further review, information,
and development.
(g) If an issue is identified during a review, prior to EARAC
notification, the applicant will be provided a five (5) business day pe-
riod to submit evidence to resolve and comment upon the issue(s) iden-
tified.
(h) Requests for funding and allocation assistance that involve
disqualification or termination required by operation of law, such as an
applicant who has been disbarred, will not be brought before EARAC,
and such matters will be handled or terminated at the program level,
subject to any applicable appeals process.
(i) For each application EARAC shall either:
(1) Recommend approval;
(2) Recommend denial, accompanied by an assessment of
all reports received and setting out the factual basis for the denial rec-
ommendation;
(3) Recommend approval but disclose that one or more is-
sues under subsection (c), (d) or (e) of this section, have been reported,
but after consideration of relevant material facts, and circumstances it
has been determined that denial is not warranted because:
(A) It is in the best interests of the state to proceed with
the award;
(B) The award will not present undue increased pro-
gram risk or financial risk to the Department or the state;
(C) The applicant is not acting in bad faith; and
(D) The applicant has taken reasonable measures within
it power to remedy the issue; or
(4) Take such other action as deemed reasonable and nec-
essary to make full, accurate, and informative recommendations to the
Board regarding funding and allocation decisions, including recom-
mendations with conditions.
(j) EARAC is designated to review and shall follow the same
procedure prior to approval of an entity as a reservation system partic-
ipant and for assessing the compliance history of a proposed transferee
(other than an affiliate of the current owner) when they seek approval to
acquire an ownership interest in an affordable rental property assisted
by the Department.
(k) An applicant or any affiliate of an applicant who is not rec-
ommended for assistance based upon EARAC's review of their compli-
ance history may appeal EARAC's determination in accordance with
1.7 and 1.8 of this chapter (relating to Staff Appeals Process and
Board Appeals Process).
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 8,
2013.
TRD-201305148Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Effective date: November 28, 2013
Proposal publication date: September 27, 2013
For further information, please call: (512) 475-3959
CHAPTER 5. COMMUNITY AFFAIRS
PROGRAMS
SUBCHAPTER D. COMPREHENSIVE
ENERGY ASSISTANCE PROGRAM
10 TAC 5.430
The Texas Department of Housing and Community Affairs (the
"Department") adopts the repeal of 10 TAC Chapter 5, Subchap-
ter D, 5.430, concerning Allowable Subrecipient Administrative
and Assurance 16 Activities Expenditures, without changes to
the proposal as published in the October 4, 2013, issue of the
Texas Register (38 TexReg 6791). The rule will not be repub-
lished.
REASONED JUSTIFICATION. The Department finds that hav-
ing a specific budget line item for Assurance 16 activities in the
Comprehensive Energy Assistance Program is unnecessary
within program guidelines. Accordingly, the repeal effectively
removes the unnecessary budget line item. The adoption of
new 10 TAC 5.430 is published concurrently with this repeal in
this issue of the Texas Register.
PUBLIC COMMENT. The Department accepted public com-
ments between October 4, 2013, and October 28, 2013.
Comments regarding the repeal were accepted in writing and
by fax. No comments were received concerning the repeal.
The Board approved the final order adopting the repeal on
November 7, 2013.
STATUTORY AUTHORITY. The repeal is adopted pursuant to
the authority of Texas Government Code, 2306.053, which au-
thorizes the Department to adopt rules.
The agency certifies that legal counsel has reviewed the adop-
tion and found it to be a valid exercise of the agency's legal au-
thority.
Filed with the Office of the Secretary of State on November 8,
2013.
TRD-201305145
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Effective date: November 28, 2013
Proposal publication date: October 4, 2013
For further information, please call: (512) 475-3959
10 TAC 5.430
The Texas Department of Housing and Community Affairs (the
"Department") adopts new 10 TAC Chapter 5, Subchapter D,
5.430, concerning Allowable Subrecipient Administrative and
Program Services Costs, without changes to the proposed textADOPTED RULES November 22, 2013 38 TexReg 8409
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Texas. Secretary of State. Texas Register, Volume 38, Number 47, Pages 8313-8478, November 22, 2013, periodical, November 22, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth379965/m1/97/: accessed July 17, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu.; crediting UNT Libraries Government Documents Department.