(a) Boards, workforce service providers, AEL grant
recipients, AEL service providers, and Agency grantees shall cooperate
with the Agency's program and fiscal monitoring activities, site visits,
reviews of documentation, and requests for information. The Agency
is committed to ensuring the accountability of Boards, workforce service
providers, AEL grant recipients, AEL service providers, and Agency
grantees. Therefore, monitoring activities have been developed to:
(1) ensure programs achieve intended results;
(2) ensure resources are efficiently and effectively
used for authorized purposes and are protected from waste, fraud,
and abuse; and
(3) ensure reliable and timely information is captured
and reported to serve as the basis to improve decision-making.
(b) The Agency shall conduct comprehensive monitoring
activities to assess the following for Boards, workforce service providers,
AEL grant recipients, AEL service providers, and Agency grantees:
(1) Progress in achieving program goals and maintaining
fiscal accountability. Program and fiscal monitoring activities include
site visits, desk reviews, and analyses of both financial and program
outcomes to help identify potential weaknesses before such weaknesses
result in substandard performance or questioned costs;
(2) Compliance with applicable laws, regulations, provisions
of contracts and Board plans, and official directives and circulars
including, but not limited to, U.S. Department of Labor (DOL) Training
and Employment Guidance Letters, DOL Training and Employment Notices,
U.S. Department of Health and Human Services guidance letters, U.S.
Department of Education, Office of Vocational and Adult Education
guidance, Commission rules contained in Part 20 of this title (relating
to the Texas Workforce Commission), Texas Workforce Commission Workforce
Development (WD) Letters and AEL Letters, the Agency's Financial Manual
for Grants and Contracts, and other Agency guidance; and
(3) Compliance with the appropriate uniform administrative
requirements for grants and agreements applicable to the type of entity
receiving funds, as promulgated in the OMB circulars or rules. Monitoring
activities shall encompass both financial and programmatic monitoring
and shall be evaluated on a periodic basis. Monitoring reviews result
in recommendations that provide practical solutions used to take immediate
corrective action.
(c) Boards, workforce service providers, AEL grant
recipients, AEL service providers, and Agency grantees are subject
to audit and review by the Agency. The Agency may audit and review
all relevant records or a sample of the records as needed to determine
Board, workforce service provider, AEL grant recipient, AEL service
provider, and Agency grantee performance.
(d) Failure to comply with this subchapter shall result
in corrective action and possible sanctions pursuant to Subchapter
G of this chapter (relating to Corrective Actions).
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