1. (a) A Board shall ensure that cooperation by Choices participants is verified each month to ensure that the Choices participants:

   1. (1) comply with Choices program requirements as set forth in the FEP, as described in §811.23 of this chapter; or
   2. (2) have good cause as described in §811.16 of this subchapter.

2. (b) If Choices participants have not cooperated with Choices program requirements and do not have good cause, a Board shall ensure that:

   1. (1) a penalty is requested for mandatory Choices participants; or
   2. (2) Choices services and support services, except Commission-funded child care, are terminated for exempt Choices participants; and
   3. (3) Choices child care is provided as needed, as specified in §809.45 of this title.

3. (c) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a mandatory Choices participant prior to requesting a penalty to:

   1. (1) determine the reason for noncooperation and whether good cause is applicable, as described in §811.16(c) of this subchapter;

   2. (2) inform the mandatory Choices participant of:

      1. (A) the violation if good cause has not been determined;
      2. (B) the right to appeal; and
      3. (C) the necessary procedures to demonstrate cooperation.
4. (d) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a sanctioned family and conditional applicants upon discovery of noncooperation during their demonstrated cooperation period to determine if good cause exists.
5. (e) A Board shall ensure that the reasonable attempts to contact a mandatory Choices participant are documented in the TWC case management system.

6. (f) A Board shall ensure that:

   1. (1) HHSC is notified of a mandatory Choices participant's failure to comply with Choices program requirements; and
   2. (2) the notification of noncooperation is submitted as early as possible in the same month in which the noncooperation occurs.

Source Note:The provisions of this §811.14 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180; amended to be effective December 3, 2018, 43 TexReg 7801; amended to be effective May 20, 2024, 49 TexReg 3587.