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Presentation, discussion, and possible action on an order proposing amendments to 10 TAC Chapter 2, Enforcement, Subchapter A General, Subchapter C Administrative Penalties, and Subchapter D, Debarment from Participation in Programs Administered by the Department, and directing their publication for public comment in the Texas Register
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RECOMMENDED ACTION
recommendation
WHEREAS, pursuant to Tex. Gov't Code ?2306.053, the Texas Department of Housing and Community Affairs (the Department) is authorized to adopt rules governing the administration of the Department and its programs;
WHEREAS, the current rule relating to the requirements for Enforcement is in need of revisions to ensure that reference to the new inspection protocol of National Standards for Physical Inspections of Real Estate (NSPIRE), and revisions for consistency with no longer having the Executive Award Review and Advisory Committee, are included in the rule;
WHEREAS, further rule revisions are needed to clarify intent in areas that have caused confusion, amend the administrative penalty matrix as it relates to accessibility noncompliance, and add debarment criteria for failing to correct Events of Noncompliance prior to LURA expiration and for refusing to correct a physical violation after the rule becomes effective; and
WHEREAS, such proposed amendments will be published in the Texas Register for public comment from December 22, 2023, to January 22, 2024, and subsequently returned to the Board for final adoption;
NOW, therefore, it is hereby
RESOLVED, that the Executive Director and his designees be and each of them are hereby authorized, empowered, and directed, for and on behalf of the Department, to cause the proposed action, together with the preamble in the form presented to this meeting, to be published in the Texas Register for public comment and, in connection, as they may deem necessary to effectuate the forgoing, including the preparation and requested revisions to the prea...
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