Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 23 - SINGLE FAMILY HOME PROGRAM › Subchapter B - AVAILABILITY OF FUNDS, APPLICATION REQUIREMENTS, REVIEW AND AWARD PROCEDURES, GENERAL ADMINISTRATIVE REQUIREMENTS, AND RESALE AND RECAPTURE OF FUNDS › Section 23.24 - Administrative Deficiency Process

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  administrative deficiency process allows staff to 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 an email or if an
				  email address is not provided in the Application, by facsimile to the
				  Applicant. Responses must be submitted electronically to the Department. A
				  review of the Applicant's response may reveal 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 being resolved. Department staff may,
				  in good faith, provide an Applicant confirmation that an administrative
				  deficiency response has been received 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 having
				  fulfilled any requirements. Final determination regarding the sufficiency of
				  documentation submitted to cure an administrative deficiency as well as the
				  distinction between material and non-material missing information are reserved
				  for the Executive Director or authorized designee, and Board, as
				  applicable.
(b) An Applicant may
				  not change or supplement any part of an Application in any manner after
				  submission to the Department, and may not add any set-asides, except in
				  response to a direct request from the Department to remedy an administrative
				  deficiency or by amendment of an Application after the Board approval of a HOME
				  award. An administrative deficiency may not be cured if it would, in the
				  Department's determination, substantially change an Application, or if the
				  Applicant provides any new unrequested information to cure the
				  deficiency.
(c) The time period for
				  responding to a deficiency notice commences on the first day following the
				  deficiency notice date. If an administrative deficiency is not resolved to the
				  satisfaction of the Department by 5:00 p.m., central time, on the 14th day
				  following the date of the deficiency notice, the application may be terminated.
				  The Department may accept a corrected Board Resolution submitted after the
				  deficiency deadline on the condition that the corrected Board Resolution
				  resolves the deficiencies to the satisfaction of the Department, but the Board
				  Resolution must be received and deemed satisfactory by the Department before
				  the RSP Agreement or Contract start date. Applicants that have been terminated
				  may reapply.