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.
(12) Responsible Party--Any Person subject to a Program
Agreement.
(13) Vendor--A person who is procured by a subrecipient
to provide goods or services in any way relating to a Department program
or activity.
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