When the federal government has provided the Department a waiver, suspension, or contract amendment of a federal programmatic regulation, statute, or contract term in response to a federally declared disaster, and the requirement waived, suspended, or amended had been codified in this Title, the Executive Director may waive, suspend or modify the rule within this Title, if:

1. (1) the Executive Director has determined that not doing so may negatively affect the health, safety, or welfare of program recipients;
2. (2) such waiver, suspension, or modification is limited to the federally provided waiver, suspension, or modification; and
3. (3) such waiver or suspension would not have negatively affected the selection of an award of Department resources.

Source Note:The provisions of this §1.5 adopted to be effective March 18, 2018, 43 TexReg 1429.