| (a) An application for reimbursement or supplemented application filed under this subchapter shall be subject to review by the agency: (1) to determine if the information which is required to be submitted under this subchapter has been filed with the agency, utilizing the following procedure: (A) an application submitted will be reviewed by the staff for completeness. To be considered complete, an application must contain the following information: (i) a completed application form, which has been provided or approved by the agency, containing the information required under §334.306(a) and (b)(1) - (4) of this title (relating to Form and Contents of Application); (ii) legible copies as required under §334.306(b)(6) of this title and by certification of payment as required under §334.306(b)(7) of this title; (iii) copies of pre-approval documentation and technical information requested in the application form, provided or approved by the agency, under §334.306(b)(5) of this title and §334.307(a) of this title (relating to Technical Information Required); and (iv) an Application Checklist, provided with the application form, verifying that the applicant and application preparer have reviewed the application for completeness; (B) if it is determined that an otherwise complete application contains any costs which required prior agency approval prior to implementation as required by §334.310(f) of this title (relating to Requirements for Eligibility), and such prior approval was not obtained, the applicant will be notified in a fund payment report that those costs will not be forwarded for further review until such time as the agency completes reviews of applications with pre-approved costs as allowed under subsection (d) of this section; (C) if it has been determined that an otherwise complete application contains costs for a corrective action activity which the agency determines to have been performed improperly, the applicant will be notified in a fund payment report that those costs are denied as not allowable under §334.308(g)(22) of this title (relating to Allowable Costs and Restrictions on Allowable Costs); and (D) the received date of the application is considered to be the date which the complete application was received by the agency, or the date which the required additional information was received by the agency; and (2) to examine the substance of the application, including, without limitation: (A) the cost effectiveness and fiscal merits of the corrective action taken at the facility; and (B) the technical merits of the corrective action taken at the facility. (b) If, during review, the agency determines that additional information is required to assess the validity of the claim under Subchapters H and M of this chapter (relating to Reimbursement Program; and Reimbursable Cost Specifications for the Petroleum Storage Tank Reimbursement Program), it may either: (1) require the applicant to provide such additional information. Further review of the application will be postponed until such information is received by the agency. The received date for the complete claim will be considered the date on which the agency received such additional required information; or (2) issue the fund payment report, but withhold payment of those portions of the claim for which additional information has been requested. (c) An application for reimbursement or supplemental application filed under this subchapter shall be subject to audit by the agency. (d) The executive director may postpone considering, processing, or paying a claim for reimbursement for corrective action work begun without prior commission approval after September 1, 1993, that is filed with the commission before January 1, 2005. |
| Source Note: The provisions of this §334.313 adopted to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442 ; amended to be effective April 2, 2002, 27 TexReg 2522; amended to be effective November 18, 2004, 29 TexReg 10532; amended to be effective November 9, 2006, 31 TexReg 9034 |
