| (a) The Department administers the program through
the existing Subrecipients that have demonstrated that they are operating
the program in accordance with their Contract, the Economic Opportunity
Act of 1964, the Low-Income Home Energy Assistance Act of 1981, as
amended (42 U.S.C. §§8621, et seq.), and the Department
rules. If a Subrecipient is successfully administering the program,
the Department may offer to renew the Contract.
(b) If the Department determines that a Subrecipient
is not administering the program satisfactorily, the Subrecipient
will be notified of such a Finding as provided for in §6.11 of
this chapter (relating to Compliance Monitoring) or otherwise notify
the Subrecipient in accordance with §1.411 of this title (relating
to Administration of Block Grants under 2105 of the Texas Government
Code), and the Subrecipient may be required to take corrective actions
to remedy the problem. If Subrecipient fails to correct the Finding,
or take other corrective actions, in order to ensure continuity of
services, the Department may reassign up to 24.99% of the funds for
the Service Area to one or more other existing Subrecipients.
(c) If the Subrecipient does not complete the corrective
action within the required timeframe, the Department may conduct a
solicitation for selection of an interim Subrecipient. The affected
Subrecipient may request a hearing in accordance with the Tex. Gov't
Code, §2105.204.
(d) If it is necessary to designate a new Subrecipient
to administer CEAP, the Department shall give special consideration
to Subrecipients receiving funds under LIHEAP or DOE WAP, in accordance
with Assurance 6 of the Low Income Home Energy Assistance Act of 1981.
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