| (ii) the date on which the organization receives the
agency's reasonable evidence of the overpayment.
(l) Responsibilities of state agencies.
(1) Reports of violations. A state agency may report
to the comptroller a violation of this section that the agency believes
an eligible organization or its representatives or employees might
have committed. A report must be made in writing, and a copy of the
report must be mailed to the organization at the same time that the
original of the report is mailed to the comptroller.
(2) Authorization forms. A state agency:
(A) may accept authorization forms only if they comply
with this section;
(B) must ensure that the identifying information for
an eligible organization on an authorization form is the same as the
identifying information on the notification document received from
the comptroller under subsection (g)(3)(B) of this section; and
(C) may not accept an authorization form that contains
an obvious alteration without the state employee's written consent
to the alteration.
(3) Detail reports to eligible organizations.
(A) An employer must submit, in a secure manner, a
detail report each month to each eligible organization that receives
the deductions.
(B) A detail report to an eligible organization for
a month must contain:
(i) the name, in alphabetical order, and social security
number of each state employee from whose salary or wages a deduction
was authorized by this section for the month, regardless of whether
the deduction was actually made; and
(ii) the amount of the deduction made for each employee.
(C) An employer must submit the detail report for the
payment to the organization by no later than the 15th calendar day
of the month in which the payment was made. If the 15th calendar day
is not a workday, then the first workday following the 15th calendar
day is the deadline for submitting the report.
(m) Termination of certification.
(1) Termination by the comptroller.
(A) The comptroller may terminate the certification
of an eligible organization only if the organization violates subsection
(e)(1) of this section.
(B) The comptroller may determine the effective date
of a termination under this paragraph. No deduction authorized by
this section may be made to an eligible organization on or after the
effective date of a termination under this paragraph.
(C) When the comptroller terminates the certification
of an eligible organization, the comptroller shall send written notice
of the termination to the organization via certified mail, return
receipt requested.
(2) Termination by eligible organizations.
(A) An eligible organization may terminate its participation
in the deduction program authorized by this section only by terminating
its certification.
(B) An eligible organization may terminate its certification
by providing written notice of termination to the comptroller. However,
an organization may not provide written notice of termination to the
comptroller until the organization has provided written notice of
termination to each state employee from whose salary or wages a membership
fee to the organization is being deducted.
(C) An eligible organization's termination of its certification
is effective beginning with the salary or wages that are paid on the
first workday of the third month following the month in which the
comptroller receives the organization's proper notice of termination.
|
| Source Note: The provisions of this §5.46 adopted to be effective June 26, 1992, 17 TexReg 4256; amended to be effective June 24, 1998, 23 TexReg 6513; amended to be effective June 20, 2021, 46 TexReg 3026 |
