40 Tex. Admin. Code § 800.74 - Midyear Deobligation of Funds
(a)
The Commission may deobligate funds from a workforce area during the program
year if a workforce area is not meeting the expenditure thresholds set forth in
subsection (b) of this section.
(1) Workforce
areas that fail to meet the expenditure thresholds set forth in subsection (b)
of this section at the end of months five, six, seven, or eight of the program
year (that is, midyear) will be reviewed to determine the causes for the under
expenditure of funds, except as set forth in subsection (d) of this
section.
(2) The Commission shall
not deobligate more than the difference between a workforce area's actual
expenditures and the amount corresponding to the relative proportion of the
program year.
(3) The Commission
shall not deobligate funds from a workforce area that failed to meet the
expenditure thresholds set forth in subsection (b) of this section, if within
60 days prior to the potential deobligation period the Commission executes a
contract amendment for a supplemental allocation or reallocation of funds in
the same program funding category.
(b) The Commission may deobligate the
following funds midyear, as set forth in subsection (a) of this section, if a
workforce area fails to achieve the expenditure of an amount corresponding to
90 percent or more of the relative proportion of the program year:
(1) Child care (with the exception of
unmatched federal child care funds that are contingent upon a workforce area
securing local funds, as set forth in §
800.73 of this
subchapter)
(2) Choices
(3) Employment Service
(4) SNAP E&T
(c) A workforce area subject to deobligation
for failure to meet the requirements set forth in this section shall, upon
request by the Commission, submit a written justification with a copy to the
Board Chair. The written justification shall provide sufficient detail
regarding the actions a workforce area will take to address its deficiencies,
including:
(1) expansion of services
proportionate to the available resources;
(2) projected service levels and related
performance;
(3) reporting
outstanding obligations; and
(4)
any other factors a workforce area would like the Commission to
consider.
(d) To the
extent this section is found not to comply with federal requirements, or should
any related federal waivers expire, the Commission will be subject to federal
requirements in effect, as applicable.
Notes
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