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Presentation, discussion, and possible action on an order proposing the repeal of 10 TAC Chapter 2, Subchapter D, Debarment from Participation in Programs Administered by the Department, ?2.401 General; an order proposing new 10 TAC Chapter 2, Subchapter D, Debarment from Participation in Programs Administered by the Department, ?2.401 General; 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, pursuant to Tex. Gov't Code ?2306.0504, the Department is authorized to debar a person from participation in Department programs, and is required to develop a rule governing debarments;
WHEREAS, the debarment rule at 10 TAC ?2.401 outlines the criteria and administrative procedures for debarments;
WHEREAS, the Department proposes replacing the rule to incorporate voluntary nonparticipation agreements, incorporate elevator noncompliance, clarify areas of confusion, and streamline 10 TAC ?2.401;
WHEREAS, staff has therefore drafted a revision of the current rule on this subject, which upon Board approval will be released for public comment and returned to the Board for adoption at a subsequent Board meeting.
NOW, therefore, it is hereby
RESOLVED, that the Executive Director and his designees be and each of them hereby are authorized, empowered, and directed, for and on behalf of the Department, to cause the proposed actions herein in the form presented to this meeting, to be published in the Texas Register for public comment, and in connection therewith, make such non-substantive technical corrections as they may deem necessary to effectuate the foregoing including any requested revisions to the preambles.
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BACKGROUND
Tex. Gov't Code ?2306.053 provides for the Department to administe...
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