| (a) The director of Agency's Workforce Development
Division determines whether a sanction shall be imposed, including
whether it is appropriate to impose a sanction level on the Board,
AEL grant recipient, or Agency grantee and whether it is appropriate
to assign a penalty.
(b) The Commission shall work in concert with TWIC,
as appropriate, to impose sanctions as required by Texas Government
Code §2308.268 and §2308.269.
(c) The Agency shall send a written notice of sanction
determination (sanction determination) to the following:
(1) Board:
(A) The Board's executive director or administrative
officer;
(B) The Board's chair; and
(C) The lead chief elected official of the workforce
area; or
(2) The AEL grant recipients' or Agency grantees' executive
leadership.
(d) The sanction determination date of notice shall
be the date the sanction determination is sent by certified mail.
All sanction determinations shall be sent by electronic transmission
and by certified mail, return receipt requested.
(e) The sanction determination shall include the following
information:
(1) the sanctionable act upon which the sanction was
based;
(2) the sanction level in which the Board, AEL grant
recipient, or Agency grantee is placed and the conditions under which
the sanction may be removed;
(3) the penalty and the effective date of the penalty;
(4) the corrective action required, including the timeline
for completing the corrective action; and
(5) the technical assistance contact from the Agency
or other entity to assist in completing the corrective action.
(f) The Agency shall send the sanction determination
at least 10 working days in advance of the effective date of the sanction.
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