40 Tex. Admin. Code § 840.53 - Compliance Violations
(a) Training
providers shall comply with all nondiscrimination protections included in WIOA
§188.
(b) Training providers
shall designate the Agency as an authorized representative under the Family
Educational Rights and Privacy Act regarding the disclosure of education
records to be used for audit and/or evaluation purposes and for performance
reporting and program evaluation under WIOA and in accordance with 34 Code of
Federal Regulations, Part 99.
(c)
The Agency shall require providers to submit an acknowledgment of compliance
requirements, addressed in subsections (a) and (b) of this section, at initial
eligibility determination in electronic format, or by such other means
determined by the Agency.
(d) The
Agency shall require providers to submit an acknowledgment of compliance
requirements, addressed in subsections (a) and (b) of this section, during
annual report submission in electronic format or by such other means determined
by the Agency.
(e) A local Board or
the Agency may determine if a provider has violated any protection provided by
WIOA §188. If such determination is made, the provider will be considered
to have substantially violated the rules of this chapter.
(f) Providers determined to have
substantially violated the rules of this chapter shall have their programs
removed from the statewide ETPL immediately. Removal for such violation shall
be for not less than two years.
(g)
Providers that are no longer licensed in accordance with §
840.10 of this chapter (relating
to Appropriate Licensure) shall have their programs immediately removed from
the statewide ETPL.
(h) The Agency
may require providers that have been determined to have violated the rules of
this chapter to repay any funds provided under this chapter during the period
of such violation.
Notes
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