(a) The Agency may impose penalties on a Board, AEL
grant recipient, or Agency grantee based on the following criteria
as determined appropriate by the Agency given the totality of the
circumstances surrounding the occurrence of the sanctionable act or
acts:
(1) Severity, nature, duration, and extent;
(2) Previous occurrences of sanctionable acts; and
(3) Efforts by the Board, workforce service provider,
AEL grant recipient, AEL service provider, or Agency grantee to prevent
the occurrence of the sanctionable act, including efforts to:
(A) obtain technical assistance, training, or other
assistance from the Agency;
(B) resolve monitoring findings; and
(C) prevent potential sanctionable acts.
(b) The Agency may impose penalties for sanctionable
acts listed in this subchapter. Notwithstanding the list of sanctionable
acts appearing after each specific level of sanction in §802.123
of this subchapter, the Agency may assign a higher or lower sanction
level based on the severity or mitigating circumstances surrounding
the sanctionable acts.
(c) The Commission may recommend to TWIC pursuant to
Texas Government Code, Chapter 2308, that one or more of the following
be imposed on Boards:
(1) A reorganization plan under Texas Government Code §2308.268
for the workforce area;
(2) A restructuring of the Board, including decertification
of the current Board and appointment and certification of a new Board;
(3) A merger of the workforce area into one or more
other workforce areas; or
(4) Any other penalty deemed appropriate by the Commission.
(d) More than one corrective action may be imposed
in response to one occurrence of a sanctionable act. The corrective
actions imposed for one or more occurrences of sanctionable acts may
correlate with the sanction level imposed on a Board, AEL grant recipient,
or Agency grantee.
(e) Failure by a Board, AEL grant recipient, or Agency
grantee to complete the corrective actions described in this subchapter
within the specified time limits may result in the Agency imposing
penalties under this subchapter and withholding contract payments
to the Board, AEL grant recipient, or Agency grantee.
(f) Penalties for Second-Year WIA Nonperformance. If
a Board fails to meet its targets on 25 percent of its contracted
measures by more than 20 percent of target for two consecutive program
years, the Commission shall review the performance deficiencies and
shall make a recommendation to TWIC that it impose a reorganization
plan for the workforce area. The Commission's recommendation to TWIC
for reorganization of a workforce area may include one or more of
the corrective actions or penalties included in this subchapter. Notwithstanding
this subsection, the Commission may take other action deemed appropriate
as consistent with federal law.
(g) Penalties for Failures Regarding the One-Stop Service
Delivery Network. Failure of a Board to ensure the continued operation
of a one-stop service delivery network as required by WIA §121
and Chapter 801, Subchapter B, One-Stop Service Delivery Network of
this title, including failure to properly certify Workforce Solutions
Offices as defined in §801.24 of this title, may result in the
imposition of penalties as provided in this subchapter, and the Agency's
withholding of payment for any administrative expenses until the Board
demonstrates to the satisfaction of the Agency that all of the required
elements of a one-stop service delivery network are operational.
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