Any Applicant, Development Owner, or other Person that fails
to adhere to its obligations with regard to the programs of the Department,
whether contractual or otherwise, made false or misleading representations
to the Department with regard to an Application, request for funding,
or compliance requirements, or otherwise violated a provision of Tex.
Gov't Code, Chapter 2306 or a rule adopted under that chapter, may
be subject to:
(1) Assessment of administrative penalties in accordance
with Chapter 2, Subchapter C of this title (relating to Administrative
Penalties) the Department's rules regarding the assessment of such
penalties. Each day the violation continues or occurs is a separate
violation for purposes of imposing a penalty; or
(2) In the case of the competitive Low Income Housing
Tax Credit Program, a point reduction for any Application involving
that Applicant over the next two Application Rounds succeeding the
date on which the Department first gives written notice of any such
failure to adhere to obligations or false or misleading representations.
Point reductions under this section may be appealed to the Board.
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