- (a) The Texas Education Agency (TEA) may take one or more of the actions specified in 34 CFR, §80.43(a), if a grantee or subgrantee materially fails to comply with any term of an award, whether stated in a federal statute or regulation as an assurance, in a state plan or application, in a notice of award, or elsewhere.
- (b) In taking enforcement action, TEA shall provide the grantee or subgrantee an opportunity for any hearing, appeal, or other administrative proceeding to which the grantee or subgrantee is entitled under any statute or regulation applicable to the action involved.
(c) A subgrantee may request a hearing under §157.1083 of this title (relating to Procedures for Hearing) if the subgrantee alleges that any of the following TEA actions violates a state or federal statute or regulation:
- (1) ordering, in accordance with a final state audit resolution determination, the repayment of misspent or misapplied federal funds; or
- (2) terminating further assistance for an approved project.
Source Note:The provisions of this §157.1082 adopted to be effective May 8, 1996, 21 TexReg 3708.