ADMINISTRATION

Grantee shall permit the Department and any other authorized governmental entity, through any authorized representatives, the access to and right to examine all records, books, papers, contracts, or other documents, including permits, related to grant funds received pursuant to t…

(a) Definitions. The following words and terms, when used in this section, will have the following meanings, unless the context clearly indicates otherwise. (1) Advisory letter--A letter by the commissioner or an OCCC employee providing an informal advisory response to a question…

(a) Purpose. The purpose of this section is to establish procedures for hearing public comment at Governing Board meetings open to the public held by the Texas Department of Housing and Community Affairs in accordance with § 2306.032(f) and § 2306.066(d) of the Tex. Gov't Code. (…

(a) Purpose. It is the purpose of this section to define service-enriched housing for the Housing and Health Services Coordination Council. (b) Definition. For the purpose of directing the work of the Housing and Health Services Coordination Council and its work products, includi…

(a) Purpose. In accordance with Tex. Gov't Code § 2306.082 , the Department encourages the use of negotiated rulemaking procedures for the adoption of Department rules. Tex. Gov't Code Chapter 2008 describes the procedures for negotiated rulemaking including appointment of a conv…

(a) Purpose. The purpose of this section is to provide procedures for contested case hearings. This section does not apply to matters such as appeals to the Board of staff decisions or waivers, and this section does not in itself create any right to a contested case hearing, but …

(a) Purpose. It is the purpose of this section to provide a standard by which Developments funded by the Department offer an integrated housing opportunity for Households with Disabilities. This rule is authorized by Tex. Gov't Code, § 2306.111(g) that promotes projects that prov…

Each Home-delivered meal to which grant funds are applied shall be approved by a Dietary Consultant. Each meal must meet 1/3 of the recommended dietary allowance (RDA) for adults and the Dietary Guidelines for Americans, or if the organization receives funding through the Texas D…

(a) Purpose. In accordance with Tex. Gov't Code, § 2306.082 , and as authorized by Tex. Gov't Code, § 2009.051(c) , the Department encourages the use of appropriate Alternative Dispute Resolution ("ADR") procedures under Tex. Gov't Code, Chapter 2009 to assist in the fair and exp…

(a) The division responsible for determining an obligation is owed the department shall cause a demand letter to be sent no later than 30 days after the obligation becomes delinquent. A notation shall be made that a copy is being sent to the attorney general who may file a lawsui…

(a) Purpose. The purpose of this section is to establish the procedures by which complaints are filed with the Department and how the Department handles those complaints under Department jurisdiction in compliance with Tex. Gov't Code § 2306.066 , Tex. Gov't Code, Chapter 2105, S…

(a) The purpose of this subchapter is to establish a framework for informing compliance with the requirements of Tex. Gov't Code §§ 2306.6722 , 2306.6725 , and 2306.6730 , and the requirements of the Americans with Disabilities Act, Section 504 of the 1973 Rehabilitation Act (Sec…

Capitalized words in this subchapter have the meaning assigned in the specific chapter and rules of the title that govern the program associated with the matter or assigned by federal or state law. In addition, the following terms are used for the purposes of this subchapter: (1)…

(a) No individual with a Disability shall, by reason of their Disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any Department awarded program or activity. (b) There are additional requirements for compliance wit…

(a) Applicability. This policy relates to a request for Reasonable Accommodations made by an applicant or participant of a Department program to a Recipient, or made by an applicant or occupant to a property funded by the Department to the property. The policy regarding a request…

(a) Generally, housing designed and constructed for first occupancy after March 13, 1991, must comply with the Fair Housing Act. This includes Units, common areas, and amenities added to existing buildings, or on land under common ownership and contiguous with housing otherwise e…

(a) The following types of Multifamily Housing Developments must comply with the construction standards of §504 of the Rehabilitation Act of 1973, as further defined through the Uniform Federal Accessibility Standards (UFAS): (1) New construction and reconstruction HOME and NSP M…

(a) All Units that are accessible to persons with mobility impairments must be on an Accessible Route. (b) Recipients must give priority to methods that offer housing in the most integrated setting possible (i.e., a setting that enables qualified persons with Disabilities and per…

(a) Purpose. The purpose of this section is to inform Persons or entities requesting awards of new funds or resources, Form(s) 8609, application amendments, LURA amendments, new Contracts (with the exception of a Household Commitment Contract), Contract amendments, or loan modifi…

The purpose of these rules is to provide for standards of practice and procedure for actions by and before the department, thereby encouraging public participation and notice of department actions. Department proceedings shall be conducted in accordance with the APA and this subc…

(a) The department shall administer the ZAPD Grant Program pursuant to Texas Agriculture Code, Chapter 71, Subchapter E, subject to the availability of funds. (b) The department shall approve a standard grant application for each grant cycle. The request for grant applications, s…

(a) Purpose. The purpose of this rule is to provide the mechanism by which the Department will ensure the security and privacy of Protected Information belonging to persons who do business with the Department and those they serve. (b) Definitions. The following words and terms, w…

(a) A sick leave pool is established to help alleviate hardship caused to an employee and employee's immediate family if a catastrophic illness or injury forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation from the state. (b…

(a) Purpose and Applicability. The purpose of this rule is to provide the procedures used by the Department to comply with Tex. Gov't Code §§ 2306.057 , and 2306.6713 which require the Compliance Division to assess the compliance history of the Applicant and any Affiliate, the co…

(a) Purpose and applicability. This section applies to program awards not covered by § 1.301 of this subchapter (relating to Previous Participation Reviews for Multifamily Awards and Ownership Transfers). With the exception of a household or project commitment contract, prior to …

(a) Authority and Purpose. The Executive Director will make recommendations to the Board regarding funding and allocation decisions related to Low Income Housing Tax Credits and federal housing funds provided to the state under the Cranston Gonzalez National Affordable Housing Ac…

(a) Upon receipt of a timely protest that conforms with this subchapter, the Responsible Individual will review the protest. The Responsible Individual may request written responses to the protest from any staff of the Department and may request from the Department staff any and …

(a) All pleadings shall be typewritten or printed, double-spaced, upon paper 8 1/2 inches wide and 11 inches long with an inside margin at least one inch wide, and exhibits annexed thereto shall be folded to the same size. Reproductions are acceptable, provided all copies are cle…

(a) The application shall be in a form prescribed by the Department, in accordance with this subchapter. (b) The application submitted to the Department in accordance with § 1.954 of this title (relating to Eligibility for Grant), shall: (1) be notarized and signed by the Organiz…

An Organization is eligible to receive a grant under this subchapter if it: (1) administers a home-delivered meal program and is a direct provider of home-delivered meals to Elderly persons and/or persons with a Disability; (2) (if a nonprofit private organization) has a voluntee…

The commissioner of agriculture (the commissioner) or any person designated by the commissioner shall develop procedures and guidelines for determining obligations owed to the department and the appropriate means of collecting such debts. Notes 4 Tex. Admin. Code § 1.51 The provi…

(a) Before an Organization may receive a grant from the Department, the county in which the Organization provides meals must make a grant to the Organization. The grant must be for the provision of home-delivered meals to the homebound elderly and disabled in that county. (b) A c…

(a) The Department annually shall determine: (1) the total amount of money available for grants under this subchapter; (2) the number of residents at least 60 years of age in this state, according to the most recent federal decennial census; and (3) the number of residents at lea…

If any provision of any rule contained in this chapter or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of the rule which can be given effect without the invalid provision or application, and to this…

(a) All contested case hearings shall be recorded by electronic means. Upon request, and payment of the required fees, any person may be provided a copy of this recording. (b) Upon written request by any party, a transcript of the hearing shall be made. The cost of the preparatio…

The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise. (1) Approved Organization--An organization that submitted an application under this subchapter that was subsequently approved by the Departmen…

This subchapter establishes the requirements for eligible organizations to apply for and obtain grant funds to supplement and extend existing services related directly to delivery of meals to Homebound Elderly persons and Homebound persons with a Disability, through the Home-Deli…

(a) All pleadings filed by any party relating to any contested proceeding pending or to be instituted before the department shall be filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, and…

Pursuant to Texas Government Code, § 2171.1045 , and consistent with the management plan developed by the office of vehicle fleet management, the department requires that: (1) Each state-owned vehicle under the department's control shall be assigned to the department's motor vehi…

A nonprofit organization that receives a grant under this subchapter must report the results of the project to the Department in a manner prescribed by the Department. Notes 4 Tex. Admin. Code § 1.905 The provisions of this §1.905 adopted to be effective November 19, 2001, 26 Tex…

In any case in which a public emergency or imperative public necessity so requires, the department may suspend the operation of these rules. Notes 4 Tex. Admin. Code § 1.49 The provisions of this §1.49 adopted to be effective December 30, 1994, 19 TexReg 9993.

(a) Every contested case hearing on an action before the department shall be conducted by an administrative law judge. (b) The administrative law judge presiding shall have the authority to do the following: (1) set hearing dates, times, and locations; (2) convene the hearing at …

The Zero Agricultural Pest and Disease (ZAPD) Grant Program is designed to provide grants to eligible institutions of higher education to conduct plant pest and disease detection and surveillance to detect plant pests and diseases newly introduced to this state or to a certain ar…

The proposal submitted to the department in accordance with § 1.903 of this title (relating to Eligibility), shall include: (1) a description of how the collection and distribution of surplus products will be accomplished; (2) a schedule of projected costs for the proposal; (3) m…

Subject to available funds, a nonprofit organization is eligible to receive a grant under this chapter if the organization: (1) has at least five years of experience coordinating a statewide network of food banks and charitable organizations that serve each county of this state; …

(a) Purpose. The purpose of this section is to establish procedures whereby the department determines if private real property rights are affected by governmental action taken by the department or the commissioner of agriculture. (b) Categorical Determination. Categorical determi…

The following words and terms, when used in this subchapter, shall have the following meanings, unless the text clearly indicates otherwise. (1) Nonprofit Organization. An organization with an IRS designation as a 501 (c) (3) organization which has been established and is operati…

The Grant program for the distribution of surplus agricultural products is designed to provide funding to eligible nonprofit organizations for collecting and distributing surplus agricultural products to food banks and other charitable organizations that serve needy or low-income…

(a) The department requires prepayment of all charges prior to release of public information, unless the charges total $100 or less. The requestor will be contacted by a department representative once the cost of filling the request is determined. Each component of the total char…

Motions for extension of time shall be in writing, filed with the hearings clerk or other staff member primarily responsible for legal support to the administrative law judge for the department, or SOAH, and served on all parties no less than five days prior to the date that the …