SECTION 30.208. Evaluation of Requests for Financial Assistance

(a) A sponsor may submit to the division a letter of interest indicating a desire to be included in the program. Upon receipt of the letter of interest, the staff shall initiate an investigation to evaluate all facts pertinent to the request. Based on the investigation, the staff shall recommend to the commission whether a project should be included in the CIP. That recommendation shall be based on:

(1) the consistency of the project with the TASP;

(2) the methodology adopted by the commission for determining project priority and eligibility;

(3) the timing of the proposed project in relation to requests by other sponsors; and

(4) the federal and state funding expected to be available for financial assistance.

(b) The director will notify the sponsor of inclusion of the project in the CIP or the reason of denial of inclusion.

(c) In the case of an emergency, the executive director or his or her designee may, without holding a public hearing in accordance with §30.209 of this title (relating to Approval of the Aviation Facilities Capital Improvement Program and Financial Assistance), award a loan or grant in accordance with this subsection.

(1) The sponsor must submit a written request for emergency financial assistance to the division. The request must be accompanied by a copy of the Notice to Airman filed with the Federal Aviation Administration under FAA Order 7930.2E and a description of the needed repairs, including the estimated cost.

(2) The division will evaluate the request and determine if funds are available to finance the repairs. The division will send its written recommendation to the executive director within three working days after receiving the completed notification.

(3) If the executive director or his or her designee determines that the condition warrants immediate attention and the funds are available, he or she will certify in writing to the fact and nature of the emergency. If the executive director or his or her designee determines that the funds are not available or that the condition does not warrant immediate assistance, the division will notify the sponsor of the reasons for denial.

(4) If the financial assistance is granted, the division will execute an Airport Project Participation Agreement with the sponsor within five days after certification in accordance with §30.210 of this title (relating to Intergovernmental Agreements) and §30.214 of this title (relating to Grant and Loan Agreement Payments).

(5) The executive director will send a written report of the details of the emergency conditions and the award to the commission within five working days following the contract award.

Source Note: The provisions of this §30.208 adopted to be effective September 27, 1990, 15 TexReg 5366; transferred effective September 1, 1993, as published in the Texas Register August 27, 1993, 18 TexReg 5768; amended to be effective May 24, 1995, 20 TexReg 3575; amended to be effective February 21, 1996, 21 TexReg 979.