Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 11 - QUALIFIED ALLOCATION PLAN (QAP) › Subchapter A - PRE-APPLICATION, DEFINITIONS, THRESHOLD REQUIREMENTS AND COMPETITIVE SCORING › Section 11.10 - Third Party Request for Administrative Deficiency for Competitive HTC Applications

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of the Third Party Request
				  for Administrative Deficiency (RFAD) process is to allow an unrelated person or
				  entity to bring new, material information about an Application to staff's
				  attention. Such Person may request staff to consider whether a matter in an
				  Application in which the Person has no involvement should be the subject of an
				  Administrative Deficiency. While an Administrative Deficiency may be issued as
				  the result of an RFAD, not all RFADs will result in an Administrative
				  Deficiency being issued.
(b) Staff
				  will consider each RFAD received and proceed as it deems appropriate under the
				  applicable rules including, if the Application in question has a noncompetitive
				  score relative to other Applications in the same Set-Aside or subregion or will
				  not be eligible for an award through the award recommendation methodology as
				  outlined in §
										11.6(3) of this
				  chapter (related to Competitive HTC Allocation Process), not reviewing the
				  matter further.
(c) If the
				  assertion(s) in the RFAD describe matters that are part of the Application
				  review process, and the RFAD does not contain information not present in the
				  Application, staff will not review or act on it.
(d) The RFAD and any testimony presented to
				  the Board regarding the result of an RFAD may not be used to appeal staff
				  decisions regarding competing Applications (§2306.6715(b)). Any RFAD that
				  questions a staff decision regarding staff's scoring of an Application filed by
				  another Applicant will be disregarded.
(e) Requestors must provide, at the time of
				  filing the request all information that the requestor offers in support of the
				  deficiency. A copy of the request and supporting information must be provided
				  by the requestor directly to the Applicant at the same time it is provided to
				  the Department. Requestors must provide sufficient credible evidence that, if
				  confirmed, would substantiate the deficiency request. Assertions not
				  accompanied by supporting documentation susceptible to confirmation will not be
				  considered. An RFAD that expresses the requestor's opinion will not be
				  considered.
(f) Staff shall provide
				  to the Board a written report summarizing each third party request for
				  administrative deficiency and the manner in which it was addressed. Interested
				  persons may provide testimony on this report before the Board takes any formal
				  action to accept the report. When the Board receives a report on the
				  disposition of RFADs it may, for any staff disposition contained in the report,
				  change the conclusion if it believes the change is necessary to bring the
				  result into compliance with applicable laws and rules as construed by the
				  Board; or if based on public testimony, it believes staff's conclusion should
				  be revisited, it may remand the RFAD to staff for further consideration, which
				  may result in a reaffirmation, reversal, or modification.
(g) The results of a RFAD may not be appealed
				  by the requestor, and testimony to the Board arguing staff's determination will
				  not be considered unless the requestor can show that staff failed to follow the
				  applicable rule.
(h) A scoring
				  notice or termination notice that results from a RFAD may be appealed by the
				  Applicant as further described in §
										11.902 of this chapter, relating
				  to Appeals Process.
(i) Information
				  received after the RFAD deadline will not be considered by staff or presented
				  to the Board unless the information is of such a matter as to warrant a
				  termination notice.