1. (a) Pursuant to DOE 10 CFR §440.15, the Department shall ensure that:

   1. (1) Each subrecipient is a CAA or other public or nonprofit entity;

   2. (2) Each subrecipient is selected on the basis of public comment received during a public hearing conducted pursuant to §440.14(a) and other appropriate findings regarding:

      1. (A) The subrecipient's experience and performance in weatherization or housing renovation activities;
      2. (B) The subrecipient's experience in assisting low-income persons in the area to be served; and
      3. (C) The subrecipient's capacity to undertake a timely and effective weatherization program.

   3. (3) In selecting a subrecipient, preference is given to any CAA or other public or nonprofit entity which has, or is currently administering, an effective program under this part or under title II of the Economic Opportunity Act of 1964, with program effectiveness evaluated by consideration of factors including, but not necessarily limited to, the following:

      1. (A) The extent to which the past or current program achieved or is achieving weatherization goals in a timely fashion;
      2. (B) The quality of work performed by the subrecipient;
      3. (C) The number, qualifications, and experience of the staff members of the subrecipient; and
      4. (D) The ability of the subrecipient to secure volunteers, training participants, public service employment workers, and other Federal or State training programs.
2. (b) The Department shall ensure that the funds received under this part will be allocated to the entities selected in accordance with subsection (a) of this section, such that funds will be allocated to areas on the basis of the relative need for a weatherization project by low-income persons.
3. (c) If the Department finds that a subrecipient selected to undertake weatherization activities under this part has failed to comply substantially with the provisions of the Act or this part and should be replaced, such finding shall be treated as a finding under §440.30(i) for purposes of §440.30.
4. (d) Any new or additional subrecipient shall be selected at a hearing in accordance with §440.14(a) and upon the basis of the criteria in subsection (a) of this section.
5. (e) A State may terminate financial assistance under a subgrant agreement for a grant period only in accordance with established State procedures that provide to the subrecipient appropriate notice of the State's reasons for termination and afford the subrecipient an adequate opportunity to be heard.
6. (f) The Department administers the program through subrecipients in accordance with 10 CFR §440.15 and State rules. If subrecipients comply with the requirements of the program, the Department may offer to renew the contract.

Source Note:The provisions of this §6.4 adopted to be effective April 1, 2007, 32 TexReg 1728.