| (a) The Department will provide written notice to the
Owner if the Department does not receive the Annual Owner Compliance
Report (AOCR) timely or if the Department discovers through monitoring,
audit, inspection, review, or any other manner that the Development
is not in compliance with the provisions of the LURA, deed restrictions,
application for funding, conditions imposed by the Department, this
subchapter, or other program rules and regulations, including but
not limited to §42 of the Internal Revenue Code.
(b) For a violation other than a violation that poses
an imminent hazard or threat to health and safety, the notice will
specify a 30 day Corrective Action Period for noncompliance related
to the AOCR, and a 90 day Corrective Action Period for other violations.
During the Corrective Action Period, the Owner has the opportunity
to show that either the Development was never in noncompliance or
that the Event of Noncompliance has been corrected. Documentation
of correction must be received during the Corrective Action Period
for an event to be considered corrected during the Corrective Action
Period. The Department may extend the Corrective Action Period for
up to six months from the date of the notice to the Development Owner
only if there is good cause for granting an extension and the Owner
requests an extension during the original 90 day Corrective Action
Period, and the request would not cause the Department or the Owner
to miss a federal deadline. Requests for an extension may be submitted
to: compliance.extensionrequest@tdhca.state.tx.us. If an Owner submits
evidence of corrective action during the Corrective Action Period
that addresses each finding, but does not fully address all findings,
the Department will give the Owner written notice and an additional
10 calendar day period to submit evidence of full corrective action.
References in this subchapter to the Corrective Action Period include
this additional 10 calendar day period.
(c) If any communication to the Owner under this section
is returned to the Department as refused, unclaimed, or undeliverable,
the Development may be considered not in compliance without further
notice to the Owner. The Owner is responsible for providing the Department
with current contact information, including address(es) (physical
and electronic) and phone number(s). The Owner must also provide current
contact information to the Department as required by §1.22 of
this title (relating to Providing Contact Information to the Department),
and ensure that such information is at all times current and correct.
(d) The Department will notify Owners of upcoming reviews
and instances of noncompliance. The Department will rely solely on
the information supplied by the Owner in the Department's web-based
Compliance Monitoring and Tracking System (CMTS) to meet this requirement.
It is the Owner's sole responsibility to ensure at all times that
such information is current, accurate, and complete. Correspondence
sent to the email or physical address shown in CMTS will be deemed
delivered to the Owner. Correspondence from the Department may be
directly uploaded to the property's CMTS account using the secure
electronic document attachment system. Once uploaded, notification
of the attachment will be sent electronically to the email address
listed in CMTS. The Department is not required to send a paper copy,
and if it does so it does as a voluntary and non-precedential courtesy
only.
(e) Unless otherwise required by law or regulation,
Events of Noncompliance will not be reported to the IRS, referred
for enforcement action, considered as cause for possible debarment,
or reported in an applicant's compliance history or Previous Participation
Review, until after the end of the Corrective Action Period described
in this section.
(f) Upon receipt of facially valid complaints the Department
may contact the Owner and request submission of documents or written
explanations to address the issues raised by the complainant. The
deadline to respond to the issue will be specific to the matter. Whenever
possible and not otherwise prohibited or limited by law, regulation,
or court order, the complaint received by the Department will be provided
along with the request for documents or Owner response.
(g) If another federal or state requirement applicable
to funding or resources that the Department monitors stipulates that
corrective action must be completed with less than a 90 day Corrective
Action Period, the Department will inform the Owner in writing and
enforce the applicable timeframe.
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| Source Note: The provisions of this §10.602 adopted to be effective February 11, 2019, 44 TexReg 560; amended to be effective May 17, 2020, 45 TexReg 3036; amended to be effective November 3, 2022, 47 TexReg 7271; amended to be effective February 26, 2024, 49 TexReg 1065 |
