Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 7 - HOMELESSNESS PROGRAMS › Subchapter C - EMERGENCY SOLUTIONS GRANTS (ESG) › Section 7.37 - Application Review and Administrative Deficiency Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The Department
				  will accept Applications on an ongoing basis during the Application acceptance
				  period as specified in the NOFA or notification of an offer of a continuing
				  award, as applicable. Applications will be reviewed for threshold criteria and
				  selection criteria, if applicable, administrative deficiencies, and competitive
				  Applications will be ranked based upon the score of the Application as
				  determined by the Department upon completion of the review.
(b) The administrative deficiency process
				  allows the Applicant to provide additional information with regard to an
				  Application after the Application acceptance period has ended, but only if it
				  is requested in writing by Department staff. Staff may request that an
				  Applicant provide clarification, correction, or non-material missing
				  information to resolve inconsistencies in the original Application or to assist
				  staff in evaluating the Application. Staff will request such information via a
				  deficiency notice. Staff will send the deficiency notice via email and
				  responses must be in kind unless otherwise defined in the notice. A review of
				  the Applicant's response may reveal that additional administrative deficiencies
				  are exposed or that issues initially identified as an administrative deficiency
				  are actually determined to be beyond the scope of an administrative deficiency
				  process, meaning that they are in fact matters of a material nature not
				  susceptible to be resolved. For example, a response to an administrative
				  deficiency that causes a new inconsistency which cannot be resolved without
				  reversing or eliminating the need for the first deficiency response would be an
				  example of an issue that is beyond the scope of an administrative deficiency.
				  Department staff will make a good faith effort to provide an Applicant
				  confirmation that an administrative deficiency response has been received
				  and/or that such response is satisfactory. Communication from staff that the
				  response was satisfactory does not establish any entitlement to points,
				  eligibility status, or to any presumption of a final determination that the
				  Applicant has fulfilled any other requirements as such is the sole
				  determination of the Department's Board.
(c) An Applicant may not change or supplement
				  any part of an Application in any manner after submission to the Department,
				  except in response to a direct written request from the Department to remedy an
				  administrative deficiency or by amendment of an Application after the Board
				  approval of an ESG award. An administrative deficiency may not be cured if it
				  would, in the Department's determination, substantially change an Application
				  including score, or if the Applicant provides any new unrequested information
				  to cure the deficiency.
(d) The
				  time period for responding to a deficiency notice commences on the first day
				  following the deficiency notice date.
(1) If
				  an administrative deficiency is not resolved to the satisfaction of the
				  Department by 5:00 p.m. on the seventh calendar day following the date of the
				  deficiency notice, then one point shall be deducted from the selection criteria
				  score for each additional day the deficiency remains unresolved. If
				  administrative deficiencies are not resolved by 5:00 p.m. on the fourteenth
				  calendar day following the date of the deficiency notice for an Application in
				  response to a NOFA, then the Application shall be terminated.
(2) If an administrative deficiency is not
				  resolved to the satisfaction of the Department by 5:00 p.m. on the seventh
				  calendar day following the date of the deficiency notice for an Application in
				  response to a continuing award offer, then the Application shall be
				  terminated.