(a) The department may determine it reasonable to grant an exemption to a state agency from the requirements of §210.31 and §210.32 of this chapter. A state agency may be exempt from the requirement to post funding opportunities under financial assistance programs for:
  (1) Announcements of funding opportunities for public assistance; or
  (2) Single source announcements of funding opportunities issued by an agency which are not specifically directed to a known recipient.
(b) A state agency seeking an exemption from posting the funding opportunities to the Electronic Grant System shall submit a written request to the department at the beginning of each fiscal year. The state agency shall not take any action on the posting until the requested exemption is approved or denied by the department.
(c) The exemption request must include sufficient documentation to support the validity of the request. The department may request additional information to determine whether the proposed exemption is in the best interest of the state.
(d) Upon review of the request for exemption, the department shall approve or deny the request, in writing. If approved, the approval shall include all pertinent terms and conditions of the exemption. If denied, the department shall provide the basis for its denial.
(e) If the department has not issued a written denial of the exemption request within thirty (30) calendar days of receipt of the request for exemption, the request is deemed approved.

Source Note: The provisions of this §210.33 adopted to be effective November 17, 2011, 36 TexReg 7661