(a) The Agency may assess corrective action on a Grantee based on the following criteria as determined appropriate by the Agency given the circumstances surrounding the occurrence of the acts necessitating corrective action:
- (1) Severity, nature, duration, and extent;
- (2) Previous occurrences of acts necessitating corrective action; and
(3) Efforts by the Grantee to prevent the occurrence of acts necessitating corrective action, including efforts to:
- (A) obtain technical assistance, training, or other assistance from the Agency or another entity;
- (B) resolve monitoring findings; and
- (C) prevent potential acts necessitating corrective action.
(b) The Agency may assess one or more of the following corrective actions:
- (1) delay, suspension, or denial of contract payments;
- (2) partial or full deobligation of funds;
- (3) ineligibility for future grant awards;
- (4) contract cancellation or termination;
- (5) participation in technical assistance and quality assurance activities;
- (6) submission of additional or more detailed financial or performance reports;
- (7) mandatory participation in training;
- (8) on-site monitoring visits;
- (9) an Agency-developed and Grantee-implemented Corrective Action Plan to address the weaknesses identified; and
- (10) other actions deemed appropriate by the Agency to assist the Grantee in correcting deficiencies.
Source Note:The provisions of this §460.32 adopted to be effective June 8, 2011, 36 TexReg 3508.