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TITLE 43TRANSPORTATION
PART 1TEXAS DEPARTMENT OF TRANSPORTATION
CHAPTER 9CONTRACT AND GRANT MANAGEMENT
SUBCHAPTER HREMEDIES FOR NONCOMPLIANCE
RULE §9.132Additional Award Conditions

(a) In addition to the standard conditions for a grant, the department may require one or more additional conditions under this section if the department determines that additional conditions are needed to ensure compliance with applicable laws and standard grant conditions and requirements.

(b) The department may:

  (1) provide that grant payments will be made as reimbursements rather than advance payments;

  (2) withhold authority for the grantee to proceed to the next phase until the department receives evidence of acceptable performance within a given period of performance;

  (3) require additional or more detailed financial or performance reports;

  (4) require additional project monitoring;

  (5) require the grantee to obtain technical or management assistance;

  (6) establish additional prior approvals; or

  (7) require the grantee to comply with an improvement action plan that identifies specific strategies and actions to ensure the grantee's compliance with applicable laws and standard grant conditions and requirements.

(c) The department will provide to the grantee a notice of each additional condition required under this section. The notice must:

  (1) describe the additional condition;

  (2) state the reason for the additional condition;

  (3) state the time allowed for completing the additional condition, if applicable;

  (4) state the action, if any, that the grantee may take to end the application of the additional condition; and

  (5) set out the procedure for the grantee to request reconsideration of the determination under subsection (a) of this section to require the additional condition.


Source Note: The provisions of this §9.132 adopted to be effective March 17, 2021, 46 TexReg 1660

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