40 Tex. Admin. Code § 809.115
Corrective Adverse Actions.
Effective Jun 8, 202651 TexReg 3809Source Note: The provisions of this §809.115 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437; amended to be effective June 8, 2026, 51 TexReg 3809.Texas Secretary of State
(a) When determining appropriate corrective actions, the Agency, Board, or Board's child care contractor shall consider:
- (1) the scope of the violation;
- (2) the severity of the violation; and
- (3) the compliance history of the person or entity.
(b) Corrective actions for providers may include, but are not limited to, the following:
- (1) Closing intake;
- (2) Moving children to another provider selected by the parent;
- (3) Withholding provider payments or reimbursement of costs incurred; and
- (4) Recoupment of funds.
(c) When a provider violates a provision of Subchapter E of this chapter, a written Service Improvement Agreement may be negotiated between the provider and the Board or the Board's child care contractor. At the least, the Service Improvement Agreement shall include the following:
- (1) The basis for the Service Improvement Agreement;
- (2) The steps required to reach compliance including, if applicable, technical assistance;
- (3) The time limits for implementing the improvements; and
- (4) The consequences of noncompliance with the Service Improvement Agreement.
- (d) The Board shall develop policies and procedures to ensure that the Board or the Board's child care contractor take corrective action consistent with subsections (a) - (c) of this section against a provider when a provider performs the attendance reporting function on behalf of a parent.
- (e) The Board shall develop policies and procedures to require the Board's child care contractor to take corrective action consistent with subsections (a) - (c) of this section against a parent when a parent violates the Commission rules and Agency procedures related to attendance reporting.
Source Note:The provisions of this §809.115 adopted to be effective January 29, 2007, 32 TexReg 336; amended to be effective January 8, 2013, 38 TexReg 155; amended to be effective October 1, 2016, 41 TexReg 7529; amended to be effective October 3, 2022, 47 TexReg 6437; amended to be effective June 8, 2026, 51 TexReg 3809.