RULE §1.304 Appeal of an EARAC Recommendation under the Previous Participation Review Rule


Published: 2015

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(a) An applicant or possible subrecipient of an award
may appeal an EARAC recommendation by submitting to the Department
(to the attention of the Chair of EARAC), as provided herein, a letter
(the "Appeal") setting forth:
  (1) That the applicant or subrecipient disagrees with
the EARAC recommendation;
  (2) The reason(s) why the applicant disagrees with
EARAC's recommendation; and
  (3) If desired, a request for an in person meeting
with EARAC.
(b) An appealing party must file a written Appeal not
later than the seventh day after notice has been provided and include
a hard copy and pdf version of all materials, if any, that the applicant
wishes to have provided to the board in connection with its consideration
of the matter.
(c) An Appeal will be included on the Governing Board
agenda if received at least three business days prior to the required
posting of that agenda. The agenda item will include the materials
provided by the applicant and may include a staff response to the
appeal and/or materials. It is within the board chair's discretion
whether or not to allow an applicant to supplement its response. An
applicant who wishes to provide supplemental materials must comply
with the requirements of §1.10 of this chapter regarding Public
Comment Procedures. There is no assurance the board chair will permit
the submission, inclusion, or consideration of such supplemental materials.

(d) The board and staff will make reasonable efforts
to accommodate properly and timely filed Appeals, but there may be
unanticipated circumstances in which the continuity of assistance
or other exigent circumstances dictate proceeding with an award notwithstanding
the fact that an EARAC recommendation has been appealed. These situations,
should they arise, will be addressed on an ad
hoc basis.


Source Note: The provisions of this §1.304 adopted to be effective July 26, 2015, 40 TexReg 4685