1. (a) Definition. Substantial noncompliance with the Texas Department of Criminal Justice-Community Justice Assistance Division (TDCJ-CJAD) standards, for purposes of Texas Government Code §509.012, is defined as:

   1. (1) intentional diversion, theft or misapplication of TDCJ-CJAD funding or grants for purposes other than the state funding award or allocation;
   2. (2) violations of laws, regulations or official manuals specific to the operations of the Community Supervision and Corrections Departments (CSCDs);
   3. (3) intentional refusal to implement a TDCJ-CJAD approved action plan that is a result of audits, reviews or inspections;
   4. (4) for purposes of qualifying for state aid under §163.43(a)(1)(F) of this title (relating to Funding and Financial Management) by failing to hold the meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004 and the Texas Open Meetings Act; and
   5. (5) interference, obstruction or hindrance with any efforts by the State Comptroller, County Auditor of the county that manages the CSCD's funds, TDCJ-CJAD, TDCJ-Internal Audit Division, Legislative Budget Board, Texas State Auditors Office or Texas Sunset Advisory Commission, to examine or audit the records, transactions and performance of the CSCD or facilities.
2. (b) Imposing Sanctions. Sanctions imposed for substantial noncompliance shall be in accordance with provisions outlined in §163.47 of this title (relating to Contested Matters).

Source Note:The provisions of this §163.42 adopted to be effective August 16, 1995, 20 TexReg 5799; amended to be effective April 15, 1997, 22 TexReg 3437; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective October 7, 2007, 32 TexReg 6791.