| (a) This section describes the Department's process
for implementing HHS Information Memorandum 116 (Corrective Action,
Termination, or Reduction of Funding) (IM 116) and 42 U.S.C. 9915.
This process does not apply for Contracts awarded under CSBG Discretionary
Funding.
(b) Capitalized words used herein have the meaning
assigned in, Chapter 1 of this title (relating to Administration),
Chapter 2 of this title (relating to Enforcement), Chapter 6 of this
title (relating to Community Affairs Programs), or assigned by federal
or state law.
(c) A Deficiency may be identified through failure
to resolve issues identified in an onsite monitoring review, a review
of the Eligible Entity's Single Audit, a review prompted by a complaint,
through the Department's procedures for reviewing performance and
expenditure reports, or in any other review under 42 U.S.C. §9914(a)(1)
- (4).
(d) If a Deficiency is identified, the Eligible Entity
will be notified in writing. The Department will also review the training
and technical assistance that has been provided to the Eligible Entity
to determine if further training and technical assistance germane
to the Deficiency is warranted. If so, the Eligible Entity will be
offered additional training and technical assistance that specifically
focuses on the Deficiency.
(e) If an Eligible Entity does not respond to the written
notification, does not resolve the Deficiency, or does not propose
a reasonable corrective action plan, the uncorrected Deficiency identified
by the Department will be considered a final decision that the Eligible
Entity has failed to comply with requirements in a review pursuant
to the CSBG Act, and can be considered cause for proceedings to terminate
Eligible Entity status or reduce funding in accordance with IM 116
and 42 U.S.C. §§9908(b)(8) and 9915. Such a determination
will be issued in a final determination letter from the Department
to the Eligible Entity.
(f) If the Department determines that the development
and implementation of a Quality Improvement Plan (QIP) is an appropriate
requirement and/or that additional training and technical assistance
are needed, that requirement will be stated in the final determination
letter. The Eligible Entity will be provided 25 calendar days from
the date of the final determination letter to submit a proposed QIP
compliant with §2.204 of this subchapter and identifying dates
for correction. In general, the Deficiency should be cured within
60 calendar days from the date of the final determination letter.
If a Deficiency will require more than 60 calendar days, the Eligible
Entity must explain why and propose a later date for correction, which
the Department may elect to accept or deny. In the event a Deficiency
cannot be corrected due to it being a singular past occurrence, the
Eligible Entity must demonstrate to the Department that the Deficiency's
cause has been identified and properly addressed, so that the Deficiency
will not reoccur.
(g) Within 25 calendar days from the date the proposed
QIP is received, the Department will either approve it or specify
the reasons it cannot be approved. While the Department is reviewing
the submitted QIP, the Department will consider the corrective action
timeline proposed by the Eligible Entity and may accept that timeline,
or recommend an alternate timeline, based on the nature of the Deficiency,
and the nature of the correction. The Eligible Entity's inability
to resolve the Deficiency within a reasonable timeframe may trigger
the commencement of formal legal proceedings to terminate Eligible
Entity status.
(h) The Department approved QIP must be implemented
as soon as possible and resolution of the Deficiency must be fully
met within the specified and approved timelines agreed to by the Department.
(i) If it is determined and/or documented that training
and technical assistance are not appropriate; that a QIP is not appropriate;
the QIP has not been approved; the QIP has not been met within the
specified and approved timeline agreed to within the QIP; or the processes
described in subsection (f) of this section have failed to resolve
the Deficiency, the Department will contact the Executive Director
of the Eligible Entity, and all known members of the Eligible Entity's
Board to notify them that staff will be requesting that the Department's
Governing Board authorize staff to pursue a hearing with the State
Office of Administrative Hearings (SOAH). Such notification will be
made at least 45 calendar days prior to the date of the meeting of
the Department's Governing Board. If approved by the Department's
Governing Board, the Department will arrange and set a date for a
hearing with SOAH. If the Eligible Entity does not respond or appear
for the SOAH hearing, the consideration of termination of the Eligible
Entity's status or reduction of funding will appear on the agenda
at a subsequent regularly scheduled meeting of the Department's Governing
Board. An Eligible Entity receiving notice of the initiation of a
contested case before SOAH is reminded that they will need to read
and comply with SOAH's requirements in the way they handle and respond
to the matter.
(j) SOAH will issue a proposal for decision to the
TDHCA Governing Board recommending whether there is cause, as defined
by the CSBG Act, 42 U.S.C. §9908(c), to terminate or reduce funding
to the Eligible Entity. The TDHCA Governing Board will be provided
the proposal for decision and it will be considered as part of any
final order by the Board in the matter.
(k) If the TDHCA Governing Board determines that there
is cause to terminate or reduce funding, pursuant to 42 U.S.C. §9915,
the Department will notify the Eligible Entity that it has the right
under 42 U.S.C. §9915 to seek review of the decision by the HHS.
If HHS does not overturn the decision or if the Eligible Entity does
not seek HHS review, on the 90th calendar day after the TDHCA Governing
Board decision, the CSBG funding will be reduced, or the entity will
lose its status as an Eligible Entity under the CSBG Act and all active
CSBG Contracts will be terminated.
(l) Any right or remedy given to the Department by
this chapter does not preclude the existence of any other right or
remedy, nor shall any action or lack of action by the Department in
the exercise of any right or remedy be deemed a waiver of any other
right or remedy.
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