Texas Administrative Code › Title 10 - COMMUNITY DEVELOPMENT › Part 1 - TEXAS DEPARTMENT OF HOUSING AND COMMUNITY AFFAIRS › Chapter 1 - ADMINISTRATION › Subchapter D - UNIFORM GUIDANCE FOR RECIPIENTS OF FEDERAL AND STATE FUNDS › Section 1.411 - Administration of Block Grants under Chapter 2105 of the Tex. Gov't Code

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The purpose of this section is
				  to inform compliance with Tex. Gov't Code Ch. 2105, Administration of Block
				  Grants.
(b) Applicability. This
				  rule applies to all funds administered by the Department that are subject to
				  Tex. Gov't Code Ch. 2105. The activities administered by the Department that
				  are currently subject to Tex. Gov't Code Chapter 2105 are those funded by the
				  Community Services Block Grant (CSBG) funds that are required to be distributed
				  to Eligible Entities, the Low Income Home Energy Assistance Program (LIHEAP)
				  funds that are distributed to Subrecipients, and the funds that the Department
				  administers and distributes to Subrecipients from the annual allocation from
				  the Community Development Block Grant (CDBG) Program. If additional block grant
				  funds that would be subject to Tex. Gov't Code Ch. 2105 by its terms are
				  assigned to the Department, they too would be subject to this rule. Capitalized
				  terms used in this section are defined in the applicable Rules or chapters of
				  this title or as assigned by federal or state law.
(c) Hearings required to be held by
				  Subrecipients. Consistent with Tex. Gov't Code §
										RSA
				  2105.058, Subrecipients that receive more
				  than $5,000 from one or more of the programs noted in subsection (b) of this
				  section must annually submit evidence to the Department that a public meeting
				  or hearing was held solely to seek public comment on the needs or uses of block
				  grant funds received by the Subrecipient. This meeting or hearing may be held
				  in conjunction with another meeting or hearing if the meeting or hearing is
				  clearly noted as being for the consideration of the applicable block grant
				  funds under this subsection.
(d)
				  Complaints. The Department will notify a Subrecipient of any complaint received
				  concerning the Subrecipient services. As authorized by Tex. Gov't Code §
										RSA
				  2105.104, the Department shall consider the
				  history of complaints, for the preceding three year period, regarding a
				  Subrecipient in determining whether to award, increase, or renew a Contract
				  with a Subrecipient. The Department will not consider complaints in determining
				  whether to award, increase, or renew a Contract with a Subrecipient that the
				  Department has determined in accordance with 10 TAC §
										RSA
				  1.2(relating to Department Complaint System
				  to the Department) it has no authority to resolve, or that are not
				  corroborated.
(e) Requests for
				  Reconsideration. Subrecipient must establish written procedures for the
				  handling of denials of service when the denial involves a household inquiring
				  or applying for services/assistance. This procedure must include, at a minimum:
(1) A written denial of assistance notice
				  being provided to the affected person within 10 calendar days of the
				  determination. Such a determination is defined as a denial of assistance, but
				  does not include a level of assistance lower than the possible program limits
				  or a reduction in assistance, as long as such process is in accordance with the
				  written policy. This notification shall include written notice of the right of
				  a hearing or secondary review of income documentation, as applicable, the
				  timeframe the affected person has to respond to the decision, and specific
				  reasons for the denial of assistance. The Subrecipient may adopt a policy
				  limiting the time period during which a request for a hearing will be accepted
				  and the format for the request, but the Subrecipient must provide the affected
				  person with at least 10 calendar days to request a hearing or secondary
				  review.
(2) If requested by the
				  affected person, Subrecipient shall hold a private, recorded hearing (unless
				  otherwise required by law) either virtually, by phone, or in person in an
				  accessible location within 15 calendar days after the Subrecipient received the
				  hearing request from the affected person and must provide the affected person
				  notice in writing of the time/location of the hearing at least seven calendar
				  days before the hearing.
(3) The
				  hearing shall allow time for a statement by the Subrecipient's staff with
				  knowledge of the case.
(4) The
				  hearing shall allow the affected person at least equal time, if requested, to
				  present relevant information contesting the decision.
(5) If a denial is based solely on income
				  eligibility, the provisions described in paragraphs (2) - (4) of this
				  subsection do not apply, however the affected person may request a secondary
				  review of income eligibility based on initial documentation provided at the
				  time of the original request for assistance. Such a secondary review must
				  include an analysis of the initial calculation based on the documentation
				  received with the initial request for services and will be performed by an
				  individual other than the person who performed the initial determination. If
				  the secondary review upholds the denial based on income eligibility documents
				  provided at the initial request, the affected person must be notified in
				  writing.
(6) If the affected person
				  is not satisfied with the Subrecipient's determination at a hearing or as
				  concluded based on a secondary income eligibility review, the affected person
				  may request a subsequent review of the decision by the Department if the
				  affected person requests a further review in writing within 10 calendar days of
				  notification of an adverse decision. If applicable, Subrecipient's should hold
				  funds aside in the amount needed to provide the services requested by the
				  affected person until the Department completes its decision.
(7) Affected persons who allege that the
				  Subrecipient has denied all or part of a service or benefit in a manner that is
				  unjust, violates discrimination laws, or without reasonable basis in law or
				  fact, may request a contested hearing under Tex. Gov't Code, Chapter
				  2001.
(8) The hearing under
				  subsection (e)(7) of this section shall be conducted by the State Office of
				  Administrative Hearings on behalf of the Department in the locality served by
				  the Subrecipient, for which the procedures are further described in §
											RSA
				  1.13 of this title (relating to Contested
				  Case Hearing Procedures).