| (a) Review of Applications. When not using a NOFA,
an Application received in response to solicitation by the Department
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 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 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
part, (relating to Appeals Process).
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