40 Tex. Admin. Code § 802.125 - Sanction Determination

(a) The director of Agency's Workforce Development Division determines whether a sanction shall be imposed, including whether it is appropriate to impose a sanction level on the Board, AEL grant recipient, or Agency grantee and whether it is appropriate to assign a penalty.

(b) The Commission shall work in concert with TWIC, as appropriate, to impose sanctions as required by Texas Government Code § 2308.268 and § 2308.269.

(c) The Agency shall send a written notice of sanction determination (sanction determination) to the following:

(1) Board:

(A) The Board's executive director or administrative officer;

(B) The Board's chair; and

(C) The lead chief elected official of the workforce area; or

(2) The AEL grant recipients' or Agency grantees' executive leadership.

(d) The sanction determination date of notice shall be the date the sanction determination is sent by certified mail. All sanction determinations shall be sent by electronic transmission and by certified mail, return receipt requested.

(e) The sanction determination shall include the following information:

(1) the sanctionable act upon which the sanction was based;

(2) the sanction level in which the Board, AEL grant recipient, or Agency grantee is placed and the conditions under which the sanction may be removed;

(3) the penalty and the effective date of the penalty;

(4) the corrective action required, including the timeline for completing the corrective action; and

(5) the technical assistance contact from the Agency or other entity to assist in completing the corrective action.

(f) The Agency shall send the sanction determination at least 10 working days in advance of the effective date of the sanction.

Notes

40 Tex. Admin. Code § 802.125

The provisions of this §802.125 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective February 24, 2014, 39 TexReg 1201