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(a)The office shall publish on the office's website
criteria and requirements for submitting a challenge under this section.
An application protest may only be made on the following basis:
(1)the applicant is ineligible to receive an award;
(2)the application contains broadband serviceable
locations that are not eligible to receive funding because of an existing
federal commitment to deploy qualifying broadband service to the location;
or
(3)the project is ineligible to receive or should
not receive an award based on the criteria prescribed by the office
as provided by §16.40(a) of this subchapter.
(b)A protest submitted under this section shall be
submitted electronically in the manner and on the forms prescribed
by the office and shall be accompanied by all relevant supporting
documentation. The protesting party bears the burden to establish
that an applicant or project should not receive or is ineligible for
an award based on the criteria prescribed by the office.
(c)The office shall review the protest and make a
determination as to whether the protest should be upheld. The office
shall provide notice of its determination to each affected applicant,
including the right, if any, to submit an amended application under
subsection (d) of this section.
(d)If the office upholds a protest on the basis that
one or more broadband serviceable locations are not eligible to receive
funding under the criteria prescribed by the office, an applicant
may amend and resubmit an application without the challenged locations
and re-scope the application or project area if, after the protest
is upheld:
(1)the remaining number of broadband serviceable locations
in the project area is greater than 50% of the original number of
locations in the project area; or
(2)the remaining number of broadband serviceable locations
in the project area is less than 50% of the original number of locations
in the project area and the office permits, at its sole discretion,
the applicant to amend the application.
(e)If an amended application without the challenged
locations is not received by the office by the 30th day after receiving
notice of the determination under subsection (c) of this section,
the office may remove the application from grant funding consideration.
(f)A determination made by the office under this section
is not a contested case for purposes of Government Code, Chapter 2001.
The agency certifies that legal counsel has reviewed
the adoption and found it to be a valid exercise of the agency's legal
authority.
Filed with the Office
of the Secretary of State on March 4, 2024
TRD-202400957 Victoria North
General Counsel for
Fiscal and Agency Affairs
Comptroller of Public Accounts
Effective date: March 24, 2024
Proposal publication date: October 13, 2023
For further information, please call: (512) 475-2220
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