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 37 Texas Administrative Code §163.43(a)(1)(F), relating to Funding and Financial Management, failure 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 Texas Comptroller of Public Accounts, 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 37 Texas Administrative Code §163.47, 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; amended to be effective July 8, 2012, 37 TexReg 4950.