1. (a) When determining appropriate corrective actions, the Board or Board's child care contractor shall consider:

   1. (1) the scope of the violation;
   2. (2) the severity of the violation; and
   3. (3) the compliance history of the person or entity.

2. (b) Corrective actions may include, but are not limited to, the following:

   1. (1) Closing intake;
   2. (2) Moving children to another provider selected by the parent;
   3. (3) Withholding provider payments or reimbursement of costs incurred;
   4. (4) Termination of child care services; and
   5. (5) Recoupment of funds.

3. (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. (1) The basis for the Service Improvement Agreement;
   2. (2) The steps required to reach compliance including, if applicable, technical assistance;
   3. (3) The time limits for implementing the improvements; and
   4. (4) The consequences of noncompliance with the Service Improvement Agreement.

4. (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:

   1. (1) possesses, or has on the premises, attendance cards without the parent being present at the provider site:
   2. (2) accepts or uses an attendance card or PIN of a parent or secondary cardholder; or
   3. (3) performs the attendance reporting function on behalf of a parent.

5. (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 or parent's secondary cardholder gives his or her:

   1. (1) card to a provider; or
   2. (2) PIN to a provider.

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.