1. (a) An application for reimbursement or supplemented application filed under this subchapter shall be subject to review by the agency:

   1. (1) to determine if the information which is required to be submitted under this subchapter has been filed with the agency, utilizing the following procedure:

      1. (A) an application submitted will be reviewed by the staff for completeness. To be considered complete, an application must contain the following information:

         1. (i) a completed application form, which has been provided or approved by the agency, containing the information required under §334.306(a) and (b)(1) - (4) of this title (relating to Form and Contents of Application);
         2. (ii) be accompanied by legible copies of invoices (contractor and subcontractor) and proof of payment as required under §334.306(b)(6) and (7) of this title;
         3. (iii) be accompanied by copies of preapproval documentation and technical information requested in the application form, provided or approved by the agency, under §334.306(b)(5) of this title and §334.307(a) of this title (relating to Technical Information Required); and
         4. (iv) the completion of an Application Checklist, provided with the application form, verifying that the applicant and application preparer have reviewed the application for completeness;
      2. (B) if an application is received which is not complete, the agency shall notify the applicant of the deficiencies by mail. If the required information is not received within 30 days of the date of the deficiency notice, the applicant must reapply;
      3. (C) if 30 days is insufficient time to prepare an adequate response, the applicant may request one extension of 30 days to supply the required information. If the extension is granted and the required information is not received from the applicant within that 30 days, the applicant must reapply;
      4. (D) after an application is determined by the agency to be complete, the agency will then commence a substantive (technical and financial) review of the application;
      5. (E) if it is determined that an otherwise complete application contains any costs which required prior agency approval prior to implementation as required by §334.310(f) of this title (relating to Requirements for Eligibility), and such prior approval was not obtained, the applicant will be notified and the application will not be forwarded for further review until such time as the agency reviews applications with non-preapproved costs as allowed under subsection (f) of this section;
      6. (F) if it has been determined that an otherwise complete application contains costs for a corrective action activity which has been performed improperly, or the information or report that documents the activity has been determined to be deficient or defective by the agency under Subchapter D of this chapter (relating to Release Reporting and Corrective Action), the applicant will be notified and the application will not be forwarded for further review. The applicant may resubmit the application after the defects or deficiencies have been resolved and the agency concurs that the corrective action activity or documentation is acceptable under Subchapter D of this chapter (though no reimbursement applications may be filed after March 1, 2006);
      7. (G) the received date of the application is considered to be the date which the complete application was received by the agency, or the date which the required additional information (under subparagraph (B) of this paragraph) was received by the agency; and

   2. (2) to examine the substance of the application, including without limitation:

      1. (A) the cost effectiveness and fiscal merits of the corrective action taken at the facility; and
      2. (B) the technical merits of the corrective action taken at the facility.
2. (b) An application which does not contain all the information required by this subchapter will not be considered a complete claim and will not be processed. This does not prevent the applicant from filing another application for the same occurrence at any time prior to March 1, 2006.
3. (c) The agency is not required to commence the substantive review of an application until he has received all of the information this subchapter requires the applicant to submit in order for the executive director to review a claim for payment.

4. (d) If, during the course of the substantive (technical and financial) review, the agency finds that additional information of the type required by this subchapter is needed to evaluate the application, it may either, at the executive director's discretion:

   1. (1) require the applicant to provide such additional information. Further review of the application will be postponed until such information is received by the agency. The received date for the complete claim will be considered the date on which the agency received such additional required information; or
   2. (2) issue the fund payment report, but withhold payment for the insufficiently documented costs or insufficiently documented corrective action activity.
5. (e) An application for reimbursement or supplemental application filed under this subchapter shall be subject to audit by the agency.
6. (f) The executive director may not consider, process, or pay a claim for reimbursement for corrective action work begun after September 1, 1993, and without prior agency approval until all claims for reimbursement for corrective action work preapproved by the agency have been considered, processed, and paid.

Source Note:The provisions of this §334.313 adopted to be effective March 4, 1992, 17 TexReg 1385; amended to be effective March 25, 1993, 18 TexReg 1687; amended to be effective November 8, 1995, 20 TexReg 8800; amended to be effective November 23, 2000, 25 TexReg 11442 ; amended to be effective April 2, 2002, 27 TexReg 2522.