| (a) The Texas Education Agency (TEA) may take one or
more of the following actions specified in 2 Code of Federal Regulations, §200.339,
as appropriate in the circumstances, if a grantee or subgrantee materially
fails to comply with any term of an award, whether stated in a federal
statute or regulation as an assurance, in a state plan or application,
in a notice of award, or elsewhere:
(1) temporarily withhold cash payments pending correction
of the deficiency by the grantee or subgrantee or more severe enforcement
action by the awarding agency;
(2) disallow (that is, deny both use of funds and matching
credit for) all or part of the cost of the activity or action not
in compliance;
(3) wholly or partly suspend or terminate the current
award for the grantee's or subgrantee's program;
(4) withhold further awards for the program; or
(5) take other remedies that may be legally available.
(b) In taking enforcement action, TEA shall provide
the grantee or subgrantee an opportunity for any hearing, appeal,
or other administrative proceeding to which the grantee or subgrantee
is entitled under any statute or regulation applicable to the action
involved.
|
| Source Note: The provisions of this §157.1082 adopted to be effective May 8, 1996, 21 TexReg 3708; amended to be effective May 28, 2012, 37 TexReg 3829; amended to be effective November 28, 2023, 48 TexReg 6902 |
