40 Tex. Admin. Code § 802.65 - Agency Monitoring Reports and Resolution
(a) Monitoring Report. The Agency's
monitoring department shall issue a monitoring report summarizing the results
of monitoring activities. The report shall include the observations, findings,
questioned costs identified, and recommendations of the monitoring team to the
Board, AEL grant recipient, or Agency grantees or contractors. If there are no
administrative findings or questioned costs identified as a result of the
monitoring review, a management letter will be issued. A monitoring report or
management letter issued to a Board will be provided to the following:
(1) Board chair
(2) Board executive director
(3) Designated representatives of the US
Department of Health and Human Services
(4) Designated representatives of the US
Department of Labor
(5) Texas
Workforce Commissioners
(6) Agency
executive staff
(b)
Initial Resolution Notification. Based on the monitoring report, the Agency's
audit resolution department shall issue an initial resolution notification,
which notifies a Board, AEL grant recipient, or Agency grantee or contractor of
administrative findings and questioned costs. The recipient of an initial
resolution notification shall have 45 calendar days from the date the
notification is mailed to respond.
(1)
Administrative Findings.
(A) If the
administrative findings set forth in the initial resolution notification are
resolved, a closure letter is issued.
(B) If the administrative findings set forth
in the initial resolution notification are not resolved, the findings remain
open and the Agency's audit resolution department continues to coordinate with
the entity until the following year's audit to ensure follow-up.
(2) Questioned Costs.
(A) If the questioned costs set forth in the
initial resolution notification are resolved, a closure letter is
issued.
(B) If the questioned costs
set forth in the initial resolution notification are not resolved, an initial
determination is issued.
(3) Corrective Actions. The Agency may also
impose corrective actions under Subchapter G of this chapter at any time during
the resolution process.
(c) Initial Determination. The Agency's audit
resolution department shall issue an initial determination notifying a Board,
AEL grant recipient, or Agency grantee or contractor of the following:
(1) The unresolved questioned costs;
and
(2) The 60-day period, from
issuance of the initial determination, to submit a response, including
providing evidence or documentation of the appropriate actions taken.
(d) Final Determination. If the
questioned costs remain unresolved at the end of the 60-day period, the Agency'
s audit resolution department shall issue a final determination to notify a
Board, AEL grant recipient, or Agency grantee or contractor of allowed or
disallowed costs and to establish debts.
(e) If the administrative findings or
questioned costs remain unresolved, the Agency's Regulatory Integrity Division
may request a sanction, as set forth in §
802.125 of this chapter (relating
to Sanction Determination).
(f)
Appeal Process
(1) Only final determinations
regarding questioned costs issued by the Agency may be appealed, pursuant to
§
802.142 of this chapter (relating
to Appeal).
(2) Failure by a Board,
workforce service provider, AEL grant recipient, AEL service provider, or
Agency grantee to timely request a hearing waives the right to a hearing. The
final determination shall constitute final Agency action and is not subject to
further review.
(3) If an appeal is
requested and approved, a hearing officer is designated and the collection of
debt is pending until final decision of the hearing.
Notes
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