Section 175.8 - Approval Standards(a) Final approval standards for designation of readjustment zones. Within ten business days of final approval of the designation of a zone by the executive director, the staff shall present the negotiated agreement to the governing body or bodies of the applicant. Such agreement must include designation of the zone and the administrative authority, if any, and its function and duties and any other information required under the Act and this chapter. The Office shall complete the negotiations and sign the agreements in accordance with the Act, §2310.107.(b) Period for which designation is in effect.(1) An area may be designated as an readjustment zone for a maximum period of seven years. Any designation of an area as a readjustment zone shall remain in effect during the period beginning on the date of the designation and ending on the earliest of:(A) September 1 of the seventh calendar year following the calendar year in which such date ending the readjustment zone designation occurs; or(B) following a public hearing, the date the Office removes the designation of zone for the following reason:(i) the area no longer qualifies for designation as an readjustment zone as set forth in the Act, §2310.102, or this chapter; or(ii) the Office determines that the governing body has not complied with commitments made in the ordinance or order nominating the area as a readjustment zone.(2) A qualified business may be designated as an readjustment project for a maximum period of five years. The designation of a qualified business as an readjustment project shall remain in effect during the period beginning on the date of the designation and ending on the earliest of: (A) five years after the date the designation is made; or(B) the last day that completes the original project designation period of a qualified business that has assumed the designation of the readjustment project through a lease or purchase of a designated qualified business for the purpose of continuing its operations in the applicable readjustment zone under a name or legal structure other than that of the qualified business originally receiving the designation and that has met the requirements of the Office to qualify for the assumption, as specified under § RSA 175.5(d) of this title (relating to Application Contents for Designation of Defense Readjustment Projects). The assumption of a project designation or a name change by a qualified business does not extend the original designation period, which is applicable to the original and subsequent designee, and which will end on the earliest of the last day of the original five-year designation; or(C) following a public hearing by the governing body or bodies that nominated the qualified business for readjustment project designation, the date the Office determines that the qualified business is not in compliance with any requirement for designation as an readjustment project. The governing body or bodies will be deemed to have held a public hearing if the removal of the designation of an readjustment project is included as an agenda item of a regular session in which the governing body or bodies meet to take official action. The Office will act to dedesignate a readjustment project upon the written request of a governing body or bodies after:(i) the governing body or bodies has provided written notice to the qualified business that has been designated a readjustment project, 30 calendar days in advance of the proposed action, that the governing body or bodies is initiating proceedings to remove the readjustment project designation. The notice must specify the reason why the governing body or bodies believes the readjustment project is in noncompliance and specify the time, date, and location where the readjustment zone governing body or bodies plans to take official action to request the Office to remove the readjustment project designation. A copy of the notice and copies of any written responses to the notice by the qualified business must be provided to the Office; and(ii) a public hearing is held and a resolution adopted that requests the Office to remove the readjustment project designation as of a specific date. The resolution must specify the conditions that caused the dedesignation process to be initiated and include a finding that written notice as specified under this chapter has been given.(3) Following the governing body's or bodies' written request to the Office to dedesignate a readjustment project, the qualified business may appeal the governing body's or bodies' action to the Office's executive director. Such appeal must be made in writing within 30 days of the governing body's or bodies' written request to the Office for dedesignation. Upon receipt of such appeal, the executive director shall act upon the appeal within 30 days from the date the appeal is received.10 Tex. Admin. Code § 175.8
The provisions of this §175.8 adopted to be effective September 15, 1997, 22 TexReg 8961; amended to be effective August 5, 2012, 37 TexReg 5729