(a) The executive director shall prepare a written evaluation of each administratively complete application in terms of the criteria established under §§336.815, 336.817, 336.819, and 336.821 of this title (relating to Tier 1 Criteria, Tier 2 Criteria, Tier 3 Criteria, and Tier 4 Criteria).
(b) The executive director may issue a request for further information to each applicant whose administratively complete application is determined by the executive director to be insufficient for the purposes of the evaluation required in this section. An applicant, for whom a request for further information is issued, may be provided two 30-day opportunities to respond to the request at the discretion of the executive director.
(c) The executive director shall use the written evaluations and application materials to evaluate each application according to the criteria established by §§336.815, 336.817, 336.819, and 336.821 of this title. The executive director shall evaluate each application for each criterion for purposes of comparing the relative merit of the application, giving:
  (1) equal weight to each criterion within a tier of criteria; and
  (2) the greatest weight to Tier 1 criteria, greater weight to Tier 2 criteria than to Tier 3 criteria, and the least weight to Tier 4 criteria.
(d) Not later than the 270th day after receipt of the last timely filed application, the executive director, based on the written evaluations and application materials, shall select the application that has the highest comparative merit for technical review under §336.823 of this title (relating to Technical Review). If the selected application is rejected or denied by the commission, the executive director may select the application with the next highest comparative merit and proceed with the technical review under §336.823 of this title.

Source Note: The provisions of this §336.813 adopted to be effective January 8, 2004, 29 TexReg 150