|(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
(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
(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
(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.