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.

Source Note:The provisions of this §809.115 adopted to be effective January 29, 2007, 32 TexReg 336.