1. (a) Definition. Substantial noncompliance with TDCJ-CJAD standards, for purposes of §509.012, Government Code, is defined as:

   1. (1) intentional diversion of TDCJ-CJAD funding for purposes other than the state funding award or allocation;
   2. (2) violation of laws specific to the operations of CSCDs;
   3. (3) intentional refusal to implement TDCJ-CJAD approved Action Plans that are a result of audits, reviews, or inspections; or
   4. (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 §140.004, Local Government Code, in compliance with the Open Meetings Act.
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.