1. (a) Allowable Expenditure per Dwelling Unit. Expenditures of financial assistance provided under LIHEAP-WAP funding for the weatherization services for labor, Weatherization materials, and program support shall not exceed the allowable figure as set forth in the current Contract term, without prior written approval from the Department. The cumulative cost per unit (materials, labor and program support), shall not exceed the maximum allowable by the end of the contract term.
2. (b) Allowable Activities. Subrecipients are allowed to perform Weatherization measures as detailed in the priority list Exhibit to the Weatherization Contract. Measures must be performed in the order detailed in the Exhibit. Subrecipient shall include in the customer file detailed documentation to explain omitted measures.

3. (c) Outreach and Accessibility.

   1. (1) Subrecipients shall conduct outreach activities, which may include but are not limited to:

      1. (A) providing information through home visits, site visits, group meetings, or by telephone for disabled low-income persons;
      2. (B) distributing posters/flyers and other informational materials at local and county social service agencies, offices of aging, social security offices, etc.;
      3. (C) providing information on the program and eligibility criteria in articles in local newspapers or broadcast media announcements;
      4. (D) coordinating with other low-income services to provide LIHEAP information in conjunction with other programs;
      5. (E) providing information on one-to-one basis for applicants in need of translation or interpretation assistance;
      6. (F) providing LIHEAP applications, forms, and energy education materials in English and Spanish (and other appropriate language);
      7. (G) working with energy vendors in identifying potential applicants;
      8. (H) assisting applicants to gather needed documentation; and
      9. (I) mailing information and applications.
   2. (2) Subrecipients and their field offices shall accept applications at sites that are geographically accessible to all Households requesting assistance.
4. (d) Priority Assessment. Subrecipients must conduct an assessment of Dwelling Units using the LIHEAP Priority List, including all required Health and Safety and energy efficiency measures.

5. (e) LIHEAP Subrecipient Eligibility.

   1. (1) The Department administers the program through the existing Subrecipients that have demonstrated that they are operating the program in accordance with their Contract, the Economic Opportunity Act of 1964, the Low-Income Home Energy Assistance Act of 1981, as amended (42 U.S.C. §§8621, et seq.), and the Department rules. If a Subrecipient is successfully administering the program, the Department may offer to renew the Contract.
   2. (2) If the Department determines that a Subrecipient is not administering the program satisfactorily, the Subrecipient will be required to take corrective actions to remedy the problem within the timeframe referenced in the issued monitoring report, unless it is a case of customer health or safety. If Subrecipient fails to correct the Deficiency or Finding, in order to ensure continuity of services, the Department may reassign up to 24.99% of the funds for the service area to one or more other existing Subrecipient.
   3. (3) If the Subrecipient does not complete the corrective action within the required timeframe, the Department may conduct a solicitation for selection of an interim Subrecipient. The affected Subrecipient may request a hearing in accordance with the Tex. Gov't Code, §2105.204.
   4. (4) If it is necessary to designate a new Subrecipient to administer LIHEAP-WAP, the Department shall give special consideration to Eligible Entities and entities administering CEAP in the service area.

Source Note:The provisions of this §6.409 adopted to be effective December 4, 2016, 41 TexReg 9270.