10 Tex. Admin. Code § 7.63 - Application Review Process
(a) Review of Applications. When an Application is received in response to solicitation
by the Department, it will be assigned a "Received Date" and processed as noted below. An Application will be prioritized for review based on its
"Received Date." All Applications received by the deadline described in §
7.62(e) of this subchapter (relating to EH Fund Subrecipient Application and
Selection) will be reviewed by the Department for completeness and administrative deficiencies to prepare for Board action and potential
funding.
(b) 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 email. Responses
to the Department's deficiency notice must be submitted electronically to the Department. 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 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 with 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.
(1) An Application
with outstanding administrative deficiencies may be suspended from further review until all administrative deficiencies have been cured or addressed
to the Department's satisfaction. The administrative deficiency process allows staff to request that an Applicant provide clarification, correction,
or missing information to resolve inconsistencies in the original Application or to assist staff in evaluating the Application.
(2) Applications that have completed the review process may be presented to the Board for approval with priority
over Applications that continue to have administrative deficiencies at the time Board materials are prepared, regardless of "Received
Date."
(3) If all funds available under a solicitation from the Department are awarded, all remaining
Applicants will be notified and the remaining Applications will not be processed.
(c) Responses
to administrative deficiencies. The time period for responding to a deficiency notice commences on the first calendar day following the deficiency
notice date. If an administrative deficiency is not resolved to the satisfaction of the Department by 5:00 p.m., Austin local time, on the seventh
calendar day following the date of the deficiency notice, the Application shall be terminated. Applicants that have been terminated may reapply
unless the Application period has closed.
(d) An Application must be substantially complete when received
by the Department. An Application may be terminated if the Application is so unclear or incomplete that a thorough review cannot reasonably be
performed, as determined by the Department. Such Application will be terminated without being processed as an administrative deficiency. Specific
reasons for a Department termination will be included in the notification sent to the Applicant but, because the termination may occur prior to
completion of the full review, will not necessarily include a comprehensive list of all deficiencies in the Application. Termination of an
Application may be subject to §
1.7 of
this title (relating to Appeals Process).
Notes
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