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

   1. (1) to determine if the information which is required to be submitted under this subchapter has been filed with the executive director; 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 may be returned by the executive director without prejudice. Return of the application by the executive director without prejudice does not prevent the applicant from filing another application for the same occurrence any time on or before the effective date of final rules adopted to succeed this interim subchapter.
3. (c) The executive director 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 review, the executive director finds that additional information of the type required by this subchapter is needed to evaluate the application, he may require the applicant to provide such additional information. Further review of the application may be postponed until such information is received by the executive director.
5. (e) An application for reimbursement or supplemental application filed under this subchapter shall be subject to audit by the executive director.
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 commission approval until all claims for reimbursement for corrective action work preapproved by the commission 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.