Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013 Page: 6,794
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vided thirty (30) days, from the date of the email, to respond which
may be extended for good cause. In order to receive an extension, the
Subrecipient must submit a written request to the Chief of Compliance
within the corrective action period, stating the basis for good cause that
the Subrecipient believes justifies the extension. The Department will
approve or deny the extension request within three (3) business days.
(h) Monitoring Close Out. Within forty-five (45) days after
the end of the corrective action period, a close out letter will be issued
to the Subrecipient. If the Subrecipient supplies evidence establish-
ing continual compliance that negates the finding of noncompliance,
the issue of noncompliance will be rescinded. If the Subrecipient's re-
sponse satisfies all findings and concerns noted in the monitoring letter,
the issue of noncompliance will be noted as resolved. In some circum-
stances, the Subrecipient may be unable to secure documentation to
resolve a finding. In those instances, if there are mitigating circum-
stances, the Department may note the finding is not resolved but close
the issue with no further action required. If the Subrecipient's response
does not correct all findings noted, the close out letter will identify the
documentation that must be submitted to correct the issue.
(i) Options for Review. If, following the submission of cor-
rective action documentation, Compliance staff continues to find the
Subrecipient in noncompliance, the Subrecipient may request or initi-
ate review of the matter using the following options, where applicable:
(1) If the issue is related to a program requirement or prohi-
bition Subrecipients may contact the applicable federal program officer
for guidance or request that the Department contact applicable federal
program officer for guidance without identifying the Subrecipient.
(2) If the issue is related to application of a provision of
the contract or a requirement of the Texas Administrative Code, or the
application of a provision of an OMB Circular, the Subrecipient may
request review by the Department's Compliance Committee, as set out
in subsection (j) of this section.
(3) Subrecipients may request Alternative Dispute Resolu-
tion (ADR). A Subrecipient may send a proposal to the Department's
Dispute Resolution Coordinator to initiate ADR pursuant to 1.17 of
this title.
(j) Compliance Committee.
(1) The Compliance Committee is a committee of three (3)
to five (5) persons appointed by the Executive Director. The Compli-
ance Committee is established to provide independent review of certain
compliance issues as provided by this section. Staff from the Legal and
the Compliance Division will not be appointed to the committee but
will be available to provide guidance to Department staff.
(2) Informal discussion with Compliance Monitoring staff.
If the Subrecipient has questions or disagreements regarding any com-
pliance issues, they should first try to resolve them by discussing them
with the Compliance Monitoring staff, including, as needed, the Chief
of Compliance.
(3) Informal discussion with the Compliance Committee.
A Subrecipient may request an informal meeting with the Compliance
Committee if the informal discussion with the Compliance Monitoring
staff did not resolve the issue.
(4) Compliance Committee Process and Timeline:
(A) At any time, the Subrecipient may call or request
an informal conference with the Compliance Monitoring staff and/or
the Chief of Compliance.
(B) If a call or an informal conference with the Com-
pliance Monitoring staff does not result in a resolution of the issue, theSubrecipient may, within thirty (30) days of the call or informal con-
ference with Compliance Monitoring staff, request a meeting with the
Compliance Committee.
(C) If timely requested in accordance with this section,
the Compliance Committee will hold an informal conference with the
Subrecipient. A Subrecipient should not offer evidence, documenta-
tion, or information to the Committee that was not presented to Com-
pliance Monitoring staff during the informal staff conference. If addi-
tional information is offered, the Committee may disallow the informa-
tion or refer the matter back to Compliance Monitoring staff to allow
review of the additional information prior to any consideration by the
Committee.
(D) If a meeting with the Compliance Committee does
not result in a resolution, matters related to a compliance requirement,
other than those required by federal regulation, may be appealed di-
rectly to the Board.
(k) If Subrecipients do not respond to a monitoring letter or fail
to provide acceptable evidence of compliance within six (6) months of
notification of an issue, the matter will be reported to the Department's
Enforcement Committee for consideration of administrative penalties,
review for a third party review, full or partial cost reimbursement, or
contract suspension.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal author-
ity to adopt.
Filed with the Office of the Secretary of State on September 23,
2013.
TRD-201304211
Timothy K. Irvine
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: November 3, 2013
For further information, please call: (512) 475-3974
CHAPTER 10. UNIFORM MULTIFAMILY
RULES
SUBCHAPTER H. INCOME AND RENT
LIMITS
10 TAC 10.1003
The Texas Department of Housing and Community Affairs (the
"Department") proposes amendments to 10 TAC Chapter 10,
Subchapter H, 10.1003, concerning Tax Exempt Bond Proper-
ties. The proposed amendments detail the calculation used for
determining the income limits for the Tax Exempt Bond program
based on the data released by HUD.
FISCAL NOTE. Timothy K. Irvine, Executive Director, has deter-
mined that, for each year of the first five years the amendments
are in effect, enforcing or administering the amendments does
not have any foreseeable implications related to costs or rev-
enues of the state or local governments.
PUBLIC BENEFIT/COST NOTE. Mr. Irvine also has determined
that, for each year of the first five years the amendments are in
effect, the public benefit anticipated, as a result of the amend-
ments, will be improved compliance and clarity regarding re-38 TexReg 6794 October 4, 2013 Texas Register
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Texas. Secretary of State. Texas Register, Volume 38, Number 40, Pages 6747-6996, October 4, 2013, periodical, October 4, 2013; Austin, Texas. (https://texashistory.unt.edu/ark:/67531/metapth342082/m1/48/: accessed May 7, 2024), University of North Texas Libraries, The Portal to Texas History, https://texashistory.unt.edu; crediting UNT Libraries Government Documents Department.