1. (a) Purpose. The purpose of this section is to provide guidance to persons requesting action by the Department on Applications, Amendments, Awards, Appeals, Contracts, Commitment, Executed Form Documents, Loan Documents, or LURAs when outstanding balances are owed to the Department by any Administrator, Applicant, Person or Related Party on any relationship between the requestor and the Department, regardless if it is the subject of the request.

2. (b) Definitions. The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:

   1. (1) Action--Request for the Department to perform a function required or allowed under Texas Government Code §2306.001 et seq.
   2. (2) Administrator--the Person responsible for performing under a Contract with the Department.
   3. (3) Affiliated Party--A person in a relationship with the Administrator on a Contract with the Department. Does not apply to an Affiliated Party for Application purposes.
   4. (4) Appeal--Action filed on behalf of an Administrator, Affiliated Party, Applicant, to request reconsideration or challenge a prior decision made by the staff, Executive Director or Board.
   5. (5) Applicant--A person who has submitted to the Department an Application for Department funds or other assistance.
   6. (6) Application--The written request for Department funds or other assistance in the format required by the Department including any exhibits or other supporting material.
   7. (7) Award--Any grant, commitment, or loan provided by the Department.
   8. (8) Board--The Governing Board of the Texas Department of Housing and Community Affairs.
   9. (9) Commitment--A fully executed document that commits the Department to funding or other activity related to a program administered by the Department.
   10. (10) Contract--The executed written agreement between the Department and an Administrator performing an activity related to a program that outlines performance requirements and responsibilities assigned by the document.
   11. (11) Department--The Texas Department of Housing and Community Affairs.
   12. (12) Executed Form Documents--documents that are signed by the Department at the Request of any Administrator, Applicant, Person or Related Party.
   13. (13) Executive Director--The administrative head of the Department as defined under Texas Government Code §2306.036 and/or §2306.038.
   14. (14) Loan Documents--An agreement between the Department and a Person regarding the terms and conditions of a loan provided to the Person from the Department.
   15. (15) LURA--A Land Use Restriction Agreement that has been executed by the Department and a Person related to a specific property or properties and filed with the responsible recording authority.
   16. (16) Person--Any individual, partnership, corporation, association, unit of government, community action agency, or public or private organization of any character.
   17. (17) Request--action initiated by voluntarily seeking Department Action regardless of whether it is part of a statutory requirement (application cycle, etc.) or an action to alter a previous Action taken by the Department. Ongoing requirements such as compliance with reporting functions are not considered to be a voluntary function.
3. (c) The Department will not take Action on any Request involving Applications, Amendments, Awards, Appeals, Contracts, Commitment, Executed Form Documents, Loan Documents, or LURAs unless all funds owed to the Department are current by any Administrator, Applicant, Person or Related Party involved in any relationship between the requestor and the Department. The non-current account need not be directly related to the Request.
4. (d) Once the Department notifies an Administrator, Applicant, Person or Related Party that they are subject to this rule, if no corrective action has been taken by the Administrator, Applicant, Person or Related Party, the Executive Director, may, after seven (7) days, deny the requested action for failure to comply with this rule.
5. (e) When time of submission is a factor in the Action requested, the Action requested will not be considered submitted until this parameters of this rule are met.
6. (f) An appeal of any decision under this may be appealed in accordance with §1.7 of this subchapter.

Source Note:The provisions of this §1.21 adopted to be effective June 10, 2007, 32 TexReg 2985.