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RULE §30.6Administrative Appeal

(a) Review of application score.

  (1) Within 10 business days after the release of application scores for a TxCDBG funding category, a community may contact the department to review and discuss its application score.

  (2) A community is not guaranteed to receive a grant award if the department determines that the community's application score requires revision due to a mathematical error in computing the original score. (For additional information regarding receiving an award, see subsection (f) of this section).

  (3) A community may appeal the disposition of its application in accordance with this section.

(b) Grounds for appeal.

  (1) An appeal may only be filed based on denial or disqualification of an application for TxCDBG funding.

  (2) All other decisions regarding contracts and grant administration are final.

  (3) The failure of a grant administrator or consultant to properly submit all required documentation to the department is not a basis for appeal.

(c) Filing of request for appeal.

  (1) Only the chief (executive or elected) official or authorized representative for the community that submitted the application may request an appeal.

  (2) A request for appeal must be in writing and received by the department no more than 15 days after receiving notice of the department's application denial or disqualification. Untimely appeals shall be dismissed.

(d) Contents of request for appeal. A request for appeal filed under this section must be sworn and contain:

  (1) the specific reason for the appeal;

  (2) a precise statement of relevant facts;

  (3) a legal argument in support of the allegations made; and

  (4) documentation supporting the request.

(e) Administrative hearing.

  (1) Upon the receipt and filing of a timely request for appeal, the department shall set a hearing date and prepare a notice of hearing. The appeal shall be heard by the department's hearing officer.

  (2) Within 60 days after the date of the hearing, the hearing officer shall issue a proposal for decision.

  (3) The Commissioner, or designee, shall review the hearing officer's proposal for decision and issue a final determination on the request. The final decision shall be issued within 90 days after the date of the hearing, and shall be based on and limited to review of the hearing officer's proposal for decision and documentation presented by the parties in support of their positions.

  (4) The community, as appellant, has the burden of proof to show, by a preponderance of the evidence, that the department's denial or disqualification of appellant's application was not supported by the laws and regulations governing the TxCDBG program, including, without limitation, the state's approved action plan.

  (5) Information not available or not submitted to the department at the time the department's decision was made will not be considered by the hearing officer or by the Commissioner or the Commissioner's designee.

  (6) The Commissioner's determination of the appeal shall be the final administrative action of the department and is subject to judicial review under Chapter 2001, Texas Government Code.

(f) Decision on appeal.

  (1) An appellant is not guaranteed to receive funding if the Commissioner determines that an appellant's application or score requires revision. The appellant's score will be compared to other applications scored during that application cycle. If the revised score does not put the appellant in funding range when ranked against other applications from the same scoring round, no award will be made.

  (2) A finding in favor of the appellant may affect the funding of other communities within the scoring round that received a Notice of Award.

Source Note: The provisions of this §30.6 adopted to be effective January 1, 2015, 39 TexReg 10395

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