Section 6.305 - Subrecipient Eligibility(a) 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.(b) If the Department determines that a Subrecipient is not administering the program satisfactorily, the Subrecipient will be notified of such a Finding as provided for in § 6.11 of this chapter (relating to Compliance Monitoring) or otherwise notify the Subrecipient in accordance with § RSA 1.411 of this title (relating to Administration of Block Grants under 2105 of the Texas Government Code), and the Subrecipient may be required to take corrective actions to remedy the problem. If Subrecipient fails to correct the Finding, or take other corrective actions, 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 Subrecipients.(c) 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, § RSA 2105.204.(d) If it is necessary to designate a new Subrecipient to administer CEAP, the Department shall give special consideration to Subrecipients receiving funds under LIHEAP or DOE WAP, in accordance with Assurance 6 of the Low Income Home Energy Assistance Act of 1981.10 Tex. Admin. Code § 6.305
Adopted by Texas Register, Volume 41, Number 48, November 25, 2016, TexReg 9290, eff. 12/4/2016; Adopted by Texas Register, Volume 44, Number 52, December 27, 2019, TexReg 8265, eff. 1/1/2020; Adopted by Texas Register, Volume 46, Number 48, November 26, 2021, TexReg 8027, eff. 12/2/2021