40 Tex. Admin. Code § 802.121 - Imposition of Corrective Actions and Corrective Action Plans

(a) At any time, the Agency may impose corrective actions for failure by a Board, AEL grant recipient, or Agency grantee to ensure compliance with the following:

(1) one or more contracted performance measures;

(2) one or more contract provisions; or

(3) one or more of the items listed in § 802.102(c) of this chapter.

(b) The Agency may impose corrective actions for failure by a Board, AEL grant recipient, or Agency grantee to appropriately oversee of the delivery of services and ensure the effective and efficient use of funds.

(c) Failure to cooperate and comply with the Agency's performance improvement actions, including technical assistance plans, may subject a Board, AEL grant recipient, or Agency grantee to corrective actions.

(d) The Agency may impose, in nonsequential order, the following corrective actions on a Board, AEL grant recipient, or Agency grantee:

(1) Intent to Sanction

(2) Level-One Sanction

(3) Level-Two Sanction

(4) Level-Three Sanction

(e) The Agency may impose a higher level of sanction on a Board, AEL grant recipient, or Agency grantee, if a sanction is currently imposed when another sanctionable act occurs or is discovered.

(f) Corrective Action Plan. To assist in correcting any deficiencies, a Board, AEL grant recipient, or Agency grantee upon whom an intent to sanction or a sanction is imposed must enter into a corrective action plan. A corrective action plan is developed by the Agency and may include the elements of a technical assistance plan, as outlined in § 802.104(b) of this chapter. In addition, the Agency may require:

(1) participation in technical and quality assurance activities;

(2) mandatory participation in training;

(3) on-site visits by the Agency to oversee and assist with daily operations of a Board, AEL grant recipient, or Agency grantee;

(4) submission of additional or more detailed financial or performance reports;

(5) modification of the Board's local plan;

(6) issuing a notice of intent to revoke all or part of the affected local plan;

(7) designation as a high-risk Board, AEL grant recipient, or an Agency grantee requiring additional monitoring visits;

(8) appearances by the Board's executive director, other administrative officer, the Agency grantee's executive leadership, or the AEL grant recipient's chief executive officer to report on activities and progress in Commission meetings until performance is satisfactory;

(9) meetings with the workforce area's chief elected officials, Board chair, Board members, Board executive director, AEL grant recipient's chief executive officer, AEL consortium members, or Agency grantee's executive leadership;

(10) formal Agency presentation to chief elected officials, Board members, AEL grant recipient's chief executive officer, AEL consortium members, or Agency grantee's executive leadership;

(11) Agency oversight and management of problem situations, such as the appointment of a steward;

(12) Agency approval of specified Board, AEL grant recipient, or Agency grantee actions (i.e., prohibition against entering into specific contracts or engaging in certain activities without explicit prior approval of the Agency);

(13) prohibition against a Board or AEL grant recipient using designated workforce service providers or AEL service providers, including state agencies and Workforce Solutions Office operators;

(14) payment by reimbursement only, with required supporting documentation;

(15) delay, suspension, or denial of contract payments;

(16) reduction or deobligation of funds;

(17) ineligibility for additional discretionary or other funds, including incentive awards;

(18) contract cancellation or termination; and

(19) other actions deemed appropriate by the Agency to assist the Board, AEL grant recipient, or Agency grantee in correcting deficiencies.

Notes

40 Tex. Admin. Code § 802.121

The provisions of this §802.121 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective February 24, 2014, 39 TexReg 1201