Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 2 - ENFORCEMENT › Subchapter A - GENERAL › Section 2.102 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The words and terms, when used in this chapter, shall have
					 the following meanings, unless the context clearly indicates otherwise.
					 Capitalized words used herein have the meaning assigned in the specific
					 chapters of this title that govern the program associated with the request, in
					 Chapter 1 of this title (relating to Administration), or assigned by federal or
					 state law.
(1) Actively Monitored
				  Development--A Development that within the last three years has been monitored
				  by the Department, either through a Uniform Physical Condition Standards (UPCS)
				  inspection, a National Standards for the Physical Inspection of Real Estate
				  (NSPIRE) inspection, an onsite or desk file monitoring review, an Affirmative
				  Marketing Plan review, or a Written Policies and Procedures Review. UPCS and
				  NSPIRE inspections include inspections completed by Department staff,
				  Department contractors and inspectors from the Real Estate Assessment Center
				  through federal alignment efforts.
(2) Consultant--A Person who provides
				  services or advice for a fee in a capacity other than as an employee and does
				  not have Control.
(3) Control
				  (including the terms Controlled and Controlling)--"Control" is defined in
				  §
										11.1 of this title (relating to
				  General) or as identified in the specific Program rule.
(4) Debarment--A prohibition from future
				  participation in some or all Programs administered by the Department. Except as
				  otherwise stated in the Order, Debarment does not impact existing or ongoing
				  participation in Department Programs, prior to the date of the Debarment, nor
				  does it affect any continuing responsibilities or duties thereunder.
(5) Enforcement Committee ( Committee )--A
				  Committee of employees of the Department appointed by the Executive Director.
				  The Committee may be composed of any member of any Department division, but
				  members from the referring division may not be present during deliberations.
				  The Legal Division will designate person(s) to attend meetings and advise the
				  Committee. A Legal Division designee will serve as Secretary to the
				  Committee.
(6) Event of
				  Noncompliance (including the alternate term ( Finding of Noncompliance ))--Any
				  event for which a Person may be found to be in noncompliance with Texas
				  Government Code Chapters 2105 or 2306, any rule adopted thereunder, any Program
				  Agreement requirement, or federal program requirements.
(7) Legal Requirements--All requirements, as
				  it relates to the particular Department Program, of state, federal, or local
				  statutes, rules, regulations, ordinances, orders, court opinions, official
				  interpretations, policy issuances, OMB Circulars, representations to secure
				  awards, or any similar memorialization of requirement, including contract
				  requirements.
(8) Monitoring
				  Event--An onsite or desk monitoring review, a UPCS inspection, a NSPIRE
				  inspection, the submission of the Annual Owner's Compliance Report, Final
				  Construction Inspection, a Written Policies and Procedures Review, or any other
				  instance when the Department's Compliance Division or other reviewing area
				  provides written notice to an Owner or Contact Person requesting a response by
				  a certain date. This would include, but not be limited to, responding to a
				  tenant complaint.
(9) Person--A
				  legal entity including, without limitation, any natural person, corporation,
				  partnership, limited partnership, joint venture, limited liability corporation,
				  trust, estate, association, cooperative, government, political subdivision,
				  agency or instrumentality or other organization or entity of any nature
				  whatsoever, and shall include any group of Persons acting in concert toward a
				  common goal, including individual members of the group.
(10) Program--Includes any activity performed
				  by a Subrecipient, Administrator, Contractor, Development Owner, or other
				  Person under a Program Agreement or activities performed by a third party under
				  a Program Agreement, including but not limited to a Subgrantee or
				  Subcontractor.
(11) Program
				  Agreements include:
(A) agreements between the
				  Department and a Person setting forth Legal Requirements; and
(B) agreements between a Person subject to a
				  Program Agreement and a third party to carry out one or more Legal
				  Requirements.