34 Tex. Admin. Code § 16.12 - Noncompliance
(a) If the office has reason to believe that
a grantee has violated any term or condition of a reimbursement award or any
applicable laws, rules, regulations, or guidance relating to the reimbursement
award, the office shall provide written notice of the allegations to the
grantee and provide the grantee with an opportunity to respond to the
allegations.
(b) If the office
finds on substantial evidence that a grantee has materially violated the
requirements of Government Code, §
403.553, with respect
to reimbursements or portions of reimbursements, the office may direct the
grantee to refund the reimbursement or a portion of the reimbursement with
interest at the applicable federal funds rate as specified by Business and
Commerce Code, §4A.506(b).
(c)
If the office finds that a grantee has failed to comply with any term or
condition of a reimbursement award, or any applicable laws, rules, regulations,
or guidance relating to the reimbursement award, other than the requirements
described in subsection (b) of this section, the office may:
(1) direct the grantee to refund the
reimbursement award or a portion of the reimbursement award;
(2) withhold reimbursement award amounts to a
grantee under this subchapter pending correction of the deficiency;
(3) disallow all or part of the cost of the
activity or action that is not in compliance;
(4) terminate the reimbursement award in
whole or in part;
(5) prohibit the
grantee from being eligible for future reimbursement awards under the pole
replacement program; or
(6)
exercise any other legal remedies available at law.
Notes
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