10 TAC §1.13
The Texas Department of Housing and Community Affairs (Department)
is proposing to amend §1.13 concerning the Department's block grant complaint
system. The proposed amendment changes the person to whom complaints are submitted.
Daisy A. Stiner, Executive Director, has determined that for the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
rule.
Ms. Stiner also has determined that for each year of the first five years
the rule is in effect, the public benefit anticipated as a result of enforcing
the rule will be more efficient disposition of complaints. There will be no
effect on small businesses. There is no anticipated economic cost to persons
or businesses who are required to comply with the section as proposed.
Comments on the proposed amendment may be submitted to Anne O. Paddock,
Deputy General Counsel, P.O. Box 13941, Austin, Texas, 78711-3941, within
30 days of the date of this publication.
The amended section is proposed under Texas Government Code, §2306.066,
which provides Texas Department of Housing and Community Affairs with the
authority to develop procedures by which complaints are filed with the department.
No other code, articles, or statutes are affected by this proposed amendment.
§1.13.Complaint System.
(a)
A recipient who has a comment or complaint about the quality
of services funded by a block grant administered by the department may submit
such comment or complaint in writing to the
director of the housing
resource center
[
director of administration and community affairs
] of the department.
(b)
The
director of the housing resource center
[
director of administration and community affairs
] shall transmit
a copy of the comment or complaint to the entity which is the subject of the
comment or complaints within two calendar days for comments or complaints
arising under the Texas Community Development Program or within five calendar
days for all other block grant programs after the date the comment or complaint
was received by the
director of the housing resource center
[
director of administration and community affairs
].
(c)
The entity shall complete its investigation of the comment
or complaint and submit its findings in writing to the
director of the
housing resource center
[
director of administration and community
affairs
] within seven business days for Texas Community Development
Program comments or complaints or 20 calendar days for all other entities
after the date the entity received the comment or complaint or notify the
director of the housing resource center
[
director of administration
and community affairs
] within such period, of the date the investigation
can be completed.
(d)
The executive director of the department or
a
[
his
] designee shall notify the complainant of the department's
and the entity's findings before the 15th business day for the Texas Community
Development Program comments or complaints or the 31st calendar day for all
other comments or complaints after the date the comment or complaint was received
by the
director of the housing resource center
[
director
of administration and community affairs
] or the executive director or
a
[
his
] designee shall notify the complainant, within such
period, of the date the investigation can be completed.
(e)
The executive director of the department or
a
[
his
] designee shall notify the complainant of the status of the
complaint at least quarterly and until the final disposition of the complaint
unless the notice would jeopardize an undercover investigation.
(f)
The department shall consider the history of complaints
regarding an entity in determining whether to renew a contract for the use
of block grants funds by the entity.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of
the Secretary of State, on February 18, 2000.
TRD-200001293
Daisy A. Stiner
Executive Director
Texas Department of Housing and Community Affairs
Earliest possible date of adoption: April 9, 2000
For further information, please call: (512) 475-3726