1. (a) Fund Availability. From time to time, the State Energy Conservation Office (SECO) may publish a Notice of Loan Fund Availability (NOLFA) and request for applications regarding the availability of LoanSTAR loans under this subchapter. The notice shall be published in the Texas Register and on the comptroller's Web site. The notice shall include:

   1. (1) the total of funds available for LoanSTAR loans for the application period;
   2. (2) the maximum amount of funds available for each loan recipient;
   3. (3) the interest rate to be charged to loan recipients;
   4. (4) eligibility criteria;
   5. (5) application requirements;
   6. (6) application evaluation criteria;
   7. (7) any requirements in addition to those set forth in this subchapter;
   8. (8) the date by which the application must be submitted to SECO;
   9. (9) the anticipated date of loan approvals; and
   10. (10) any other information or instructions necessary and appropriate for awarding the loans as determined by SECO.
2. (b) Program documents. Application forms, program documents, and program guidelines shall be posted on the SECO website and, upon request, shall be provided by SECO through U.S. Mail.
3. (c) Application process. To be considered for a LoanSTAR loan, an applicant shall submit to SECO an application in the form and manner as prescribed in the NOLFA.
4. (d) Additional application documentation. SECO may request additional information at any time prior to funding a loan in order to effectively evaluate any application and to protect the interest of the state.

5. (e) Application approval. To approve and award a LoanSTAR loan, SECO shall:

   1. (1) determine the eligibility of the applicant according to the criteria identified in the NOLFA and this subchapter;
   2. (2) review the application according to the requirements identified in the NOLFA;
   3. (3) in the event that the total amount of funds requested by all eligible and timely applicants exceeds the amount of funds available, evaluate and rank all eligible and timely applications according to the criteria identified in the NOLFA;
   4. (4) notify all applicants of SECO's decision on the applications; and

   5. (5) provide approved applicants a LoanSTAR loan agreement for execution that includes:

      1. (A) the approved loan amount;
      2. (B) interest rate as identified in the NOLFA;
      3. (C) repayment schedule;
      4. (D) reporting requirements; and
      5. (E) such other terms and conditions SECO determines to be necessary and appropriate.
6. (f) Loan execution. To receive LoanSTAR loan proceeds, an approved applicant must execute and return the loan agreement to SECO.

Source Note:The provisions of this §19.44 adopted to be effective August 13, 2002, 27 TexReg 7175; amended to be effective March 11, 2010, 35 TexReg 2017.