| (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.
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| Source Note: The provisions of this §802.65 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective February 24, 2014, 39 TexReg 1201; amended to be effective October 11, 2017, 42 TexReg 5524 |
