1. (a) Definitions. For purposes of this section, the words and terms, shall have the same meanings as found in §1.7 of this title, unless the context clearly indicates otherwise.
2. (b) Grounds. Any action taken by the Board which was allegedly not made in accordance with the applicable rules may be appealed. This Appeal process is available to any Appealing Party that originally filed the item before the Board and received a decision, except for low income housing tax credits which are subject to the State housing credit ceiling and which have a separate appeals process.
3. (c) Appeal to the Board. An Applicant must file a written Appeal with the Department not later than the seventh day after the date of the Board meeting at which the decision to be appealed was made. The Applicant must specify the alleged error and provide a detailed explanation of the alleged error, including any supporting documentation. The specific rule allegedly violated must be cited, as well as an explanation of the manner in which the alleged error adversely affects the Appealing Party. Upon receipt of the appeal, the Executive Director shall prepare a file for the Board to consider at the next regularly scheduled meeting of the Board. The Board may not consider any information submitted by the Applicant within fourteen days of the Board meeting on which the appeal is heard. The Board will review the Appeal de novo and may consider any information properly considered by the Board in making its prior decision.
4. (d) Public Comment. The Board will hear public comment on the Appeal under its usual procedures. While public comment will be heard, persons making public comment are not parties to the Appeal and no rights accrue to them under this section or the Appeal process. If a representative of a neighborhood group or other interested party completed a witness affirmation form including their telephone number and spoke in support of or opposition to an Application at the Board meeting at which the Board made the decision appealed from, Department staff will telephone the representative not later than the seventh day before the date of the Board meeting at which the Board will consider the Appeal and advise the representative of the date, time, and place of the Board meeting and that an Appeal will be considered by the Board. This notice requirement is satisfied if the Department makes three attempts to reach one group representative by telephone and is unsuccessful.
5. (e) Possible Actions. In instances in which the Appeal if sustained by the Board would have resulted in an award to the Appealing Party, the Application shall be approved by the Board contingent on the availability of similar fund mechanisms. If no funds are available in the current year's funding cycle, then the Applicant may be awarded funds from the next year's available funding or from the pool of deobligated funds at the discretion of the Board. If the Appeal is denied, the Department shall notify the Applicant of the decision.
6. (f) Final Decision. Appeals not submitted in accordance with this section will not be considered by the Board, unless the Board, in the exercise of its discretion, determines there is good cause to consider the appeal. The decisions of the Board are final.

Source Note:The provisions of this §1.8 adopted to be effective January 1, 2002, 26 TexReg 10864; amended to be effective June 24, 2003, 28 TexReg 4631; amended to be effective December 24, 2006, 31 TexReg 10095.