<<Prev Rule

Texas Administrative Code

Next Rule>>
RULE §16.41Application Protest Process

(a) The protesting party bears the burden to establish that an applicant or project is ineligible for an award or should not receive an award based on the criteria prescribed by the office.

(b) Protests shall be submitted electronically in the manner and on the forms prescribed by the office and shall be accompanied by all relevant supporting documentation.

(c) As set forth in greater detail in the application instructions prescribed by the office, each protest shall, at a minimum, include:

  (1) a notarized statement verifying that the protest and submitted information are true and submitted in good faith;

  (2) data from the broadband development map, if available, or if not available the current Federal Communications Commission (FCC) Form 477 or equivalent;

  (3) a detailed map, using the project area map(s) submitted by the applicant, delineating the general challenged areas and indicating where the protested serviceable locations are within the proposed project area; and

  (4) street level data for broadband serviceable locations within the challenged area including, but not limited to, the number of serviceable locations within the proposed project area and the minimum and maximum speeds those serviceable locations are able to receive.

(d) The office shall review the protest and make a written determination as to whether the protest should be upheld.

(e) If the office upholds a protest, an applicant may amend and resubmit an application without the challenged locations and re-scope the application or project area.

(f) If an amended application without the challenged areas is not received by the office by the 30th day after receiving the determination under subsection (d) of this section, the office may remove the application from grant funding consideration.

(g) A determination made by the office under this section is not a contested case for purposes of Government Code, Chapter 2001.

Source Note: The provisions of this §16.41 adopted to be effective February 19, 2023, 48 TexReg 685

Link to Texas Secretary of State Home Page | link to Texas Register home page | link to Texas Administrative Code home page | link to Open Meetings home page