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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 15FINANCING AND CONSTRUCTION OF TRANSPORTATION PROJECTS
SUBCHAPTER OCOUNTY TRANSPORTATION INFRASTRUCTURE FUND GRANT PROGRAM
RULE §15.195Enforcement; Notice of Failure to Comply

(a) The executive director may:

  (1) prohibit a county from participating in the program under this subsection if the executive director determines that the county has not complied with one or more material requirements of this subchapter;

  (2) prohibit a county from participating in the program under this subsection until the executive director determines that the county has complied with all material requirements of this subchapter; or

  (3) remove a project from participation in the program under this subsection if work on the project is not begun within three years after the date of the agreement under §15.191 of this subchapter (relating to Agreement) or within another reasonable period that is agreed to by the department and the county.

(b) Prior to exercising any of the enforcement remedies under this section or the reimbursement remedy described under §15.196 of this subchapter (relating to Reimbursement), the department will provide to the county written notice that identifies the applicable requirement and specifies the failure to comply. The county may respond in writing to the department with a reasonable schedule for the county's timely compliance with the applicable requirement, or if compliance is not practical, with an alternative proposal that is acceptable to the department. If the county fails to deliver an acceptable response to the department within 30 days after the date that the county received the notice under this section, the department may proceed with the remedy provided under the applicable section.


Source Note: The provisions of this §15.195 adopted to be effective December 12, 2013, 38 TexReg 8917

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