37 Tex. Admin. Code § 163.42
Substantial Noncompliance
Effective Jun 20, 200227 TexReg 5220Source 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.Texas Secretary of State
(a) Definition. Substantial noncompliance with TDCJ-CJAD standards, for purposes of Texas Government Code §509.012, is defined as:
- (1) intentional diversion, theft or misapplication of TDCJ-CJAD funding or grants for purposes other than the state funding award or allocation;
- (2) violations of laws, regulations or official manuals specific to the operations of CSCDs;
- (3) intentional refusal to implement TDCJ-CJAD approved Action Plans that are a result of audits, reviews, or inspections;
- (4) for purposes of qualifying for state aid by complying with the Open Meetings Act under §163.43(a)(1)(F) of this title (relating to Funding and Financial Management), failing to hold the meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004 in compliance with the Texas Open Meetings Act; and
- (5) interference, obstruction, or hindrance with any efforts by the State Comptroller, County Auditor of the county that manages the CSCD's funds, CJAD, or Criminal Justice Policy Council, to examine or audit the records, transactions and performance of the subject CSCD or facilities.
- (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.