40 Tex. Admin. Code § 802.102 - Performance Requirements and Expectations
(a) A Board or AEL grant recipient shall meet
or exceed expenditure and performance targets as set forth in its contracts.
The Commission shall determine the Boards' or AEL grant recipients' performance
targets based on federal and state performance standards and by using factors
that may be necessary to achieve the mission of the Commission and reflect
local conditions. The Commission approves individual Board or AEL grant
recipient performance targets annually, which may be adjusted based on local
conditions including, but not limited to, specific economic conditions and
demographic characteristics of the workforce area.
(b) An Agency grantee shall meet or exceed
expenditure and performance targets as set forth in its contracts.
(c) A Board, AEL grant recipient, and Agency
grantee shall comply with the following:
(1)
applicable laws, regulations, provisions of contracts and Board plans, and
official directives and circulars including, but not limited to, DOL Training
and Employment Guidance Letters, DOL Training and Employment Notices, U.S.
Department of Health and Human Services guidance letters, U.S. Department of
Education Office of Vocational and Adult Education guidance, Commission rules
contained in Part 20 of this title, Texas Workforce Commission WD Letters and
AEL Letters, the Agency's Financial Manual for Grants and Contracts, and other
Agency guidance;
(2) appropriate
uniform administrative requirements for grants and agreements applicable for
the type of entity receiving funds as promulgated in OMB's Uniform Grant
Management Standards circulars or rules; and
(3) Agency-Board agreements and applicable
program contracts.
(d) A
Board's or AEL grant recipient's achievement of high levels of performance may
result in the Commission providing incentives for the Board as set forth in
Subchapter I of this chapter (relating to Incentive Awards). In addition, the
Commission may adopt additional performance incentives.
(e) The failure of Boards, AEL grant
recipients, or Agency grantees to meet minimum levels of performance as
referenced in their contracts may result in corrective actions, other
performance review and assistance activities, or sanctions as specified in:
(1) Part 20 of this title, including this
chapter;
(2) the contract with the
Agency; or
(3) federal or state
statute or rule.
(f) A
Board or AEL grant recipient may submit to the Commission a request for a
performance target adjustment in the format prescribed by the Agency.
(g) The Commission may determine what
constitutes a necessary adjustment to local performance targets and may
consider specific economic conditions and demographic characteristics to be
served in the workforce area and other factors the Commission deems appropriate
including the anticipated impact of the adjustment on the state's
performance.
Notes
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