| (a) An applicant or owner may appeal any determination
on a Part B or Part C application that a rehabilitation does not meet
the Secretary of the Interior's Standards for Rehabilitation under §13.6(d)(2)(C)
or (e)(3)(B) of this chapter (relating to Application Review Process)
and is therefore denied credits. A request for an appeal shall be
made in writing to the Executive Director of the Texas Historical
Commission, 1511 Colorado Street, Austin, Texas 78711, within 30 days
of issuance of the decision that is the subject of the appeal.
(b) All information that the appellant wishes the Executive
Director to consider shall be presented in writing. The Executive
Director may request additional information from the appellant if
the Executive Director determines such additional information is necessary
to make a decision on the appeal.
(c) The Executive Director shall consider the appellant's
previously submitted application materials, any further written submissions
by the appellant, and other available information. The Executive Director
may take into account new information not previously available or
submitted, alleged errors in professional judgment, alleged prejudicial
procedural errors, or other errors related to the previous determination
on Part B or Part C of an application.
(d) The Executive Director's decision may reverse the
appealed decision in whole or in part, affirm the appealed decision
in whole or in part, or resubmit the matter to program staff for further
consideration.
(e) A written decision on the appeal will be provided
to the appellant no more than 60 days after the Executive Director
receives an appeal under this rule; provided, however, that if the
Executive Director requests additional information from the appellant
then the written decision on the appeal will be provided within 60
days of the last materials provided in response to the Executive Director's
request.
(f) The appellant may request that the Executive Director
reconsider the Executive Director's decision on appeal. Such requests
must be submitted to the address stated above no more than 30 days
following issuance of the decision that is the subject of the request
for reconsideration. The Executive Director may accept the request
and reconsider the decision or deny the request. Appellants are not
entitled to further review after the Executive Director's final decision
upon a request for reconsideration.
(g) The appeals process established by this rule is
not a contested case under Texas Government Code Chapter 2001 and
does not grant any right to judicial review.
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