1. (a) Reallocation. For reallocation of Child Care, including unmatched federal funds that are contingent upon a Board securing local funds, Choices, Employment Service, Food Stamp Employment and Training, Project RIO, Trade Act Services, WIA Formula Allocated Funds, WIA Alternative Funding for Statewide Activities, and WIA Alternative Funding for One-Stop Enhancements funds provided by the Commission, the Commission may reallocate funds to an eligible workforce area based on the applicable method of allocation, as set forth in this subchapter and may modify the amount to be reallocated by considering the following:

   1. (1) the amount specified in a Board's written request for additional funds;
   2. (2) the demonstrated ability of a Board to effectively expend funds to address the need for services in the workforce area;
   3. (3) Board performance during the current and prior program year; and
   4. (4) related factors as necessary to ensure that funds are fully utilized.

2. (b) Eligibility.

   1. (1) For a workforce area to be eligible for a reallocation of Child Care (excluding unmatched federal funds that are contingent upon a Board securing local funds), Choices, Employment Services, Food Stamp Employment and Training, Project RIO, Trade Act Services, WIA Formula Allocated Funds, WIA Alternative Funding for Statewide Activities, and WIA Alternative Funding for One-Stop Enhancements funds, the Commission may consider whether a Board:

      1. (A) has met targeted expenditure levels as required by §800.74(a) and §800.74(b) of this subchapter, as applicable, for that period;
      2. (B) has not expended more than 100% of the workforce area's allocation for the category of funding;
      3. (C) has demonstrated that expenditures conform to cost category limits for funding;
      4. (D) has demonstrated the need for and ability to use additional funds;
      5. (E) is current on expenditure reporting;
      6. (F) is current with all single audit requirements; and
      7. (G) is not under sanction.
   2. (2) For a workforce area to be eligible for a reallocation of unmatched federal Child Care funds that are contingent upon a Board securing local funds, the Commission may consider whether a Board has met the level for securing and completing local match requirements set out in §800.73(a) of this subchapter, relating to Expenditure, Local Match, and Obligation Levels. The Commission may also consider the factors listed in paragraph (1) of this section that apply, including factors referenced in subparagraphs (B) - (G).
3. (c) To the extent this section does not comply with federal requirements, or should any related federal waivers expire, the Commission will be subject to federal requirements in effect at that time.

Source Note:The provisions of this §800.75 adopted to be effective September 3, 2001, 26 TexReg 6719; amended to be effective August 23, 2004, 29 TexReg 8148; amended to be effective July 12, 2006, 31 TexReg 5465.