40 Tex. Admin. Code § 802.66 - Access to Records

(a) Right of Access

(1) Agency. All books, documents, papers, computer records, or other records prepared by Boards, workforce service providers, AEL grant recipients, AEL service providers, or Agency grantees that are pertinent to the use of any funds administered by the Agency are Agency property. Boards, workforce service providers, AEL grant recipients, AEL service providers, or Agency grantees in possession of such records shall be responsible for their secure and proper maintenance. The Agency or its authorized representatives have the right of timely and unrestricted access to any such records in order to conduct monitoring, audits, and examinations, and to make excerpts, transcripts, and photocopies of such documents.

(2) Board, AEL grant recipient, or Agency grantee. A Board or its authorized representatives, AEL grant recipient or its authorized representative, and an Agency grantee or its executive leadership, have the right of timely and unrestricted access to any books, documents, papers, computer records, or other records of workforce service providers or AEL service providers, that are pertinent to the use of any funds administered by the Agency, in order to conduct monitoring, audits, and examinations; and to make excerpts, transcripts, and photocopies of such documents.

(b) The right of access also includes timely and unrestricted access to Board, workforce service provider, AEL grant recipient, AEL service provider, and Agency grantee personnel for the purpose of interviews and discussions related to such documents.

(c) The right of access is not limited to any required record retention period but shall last as long as the records are retained.

(d) When a Board's or AEL grant recipient's relationship with the workforce service provider or AEL service provider is terminated, the Board's or AEL grant recipient's responsibility for maintenance and retention of records as well as the Agency's right to access does not end.

(e) Custody of Records.

(1) The Agency, Board, or AEL grant recipient may request custody of records if one determines that:

(A) the records possess long-term retention value; or

(B) the workforce service provider or AEL service provider is unable or unwilling to physically retain them.

(2) The Agency may request custody of records from an Agency grantee if the Agency determines that:

(A) the records possess long-term retention value; or

(B) the Agency grantee is unable or unwilling to physically retain them.

(f) To comply with single audit requirements:

(1) the workforce service provider or AEL service provider shall retain the right of access to records in the custody of the Agency or the Board; and

(2) the Agency grantee shall retain the right of access to records in the custody of the Agency.

Notes

40 Tex. Admin. Code § 802.66

The provisions of this §802.66 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective February 24, 2014, 39 TexReg 1201