43 Tex. Admin. Code § 57.27 – Withholding Funds from Grantees

(a) The ABTPA may withhold funds from a grantee or projects operated by the grantee when:
1. (1) determination is made that the grantee has failed to:
  1. (A) comply with applicable federal or state laws, rules, regulations, policies, or the grant agreements on which the award of the grant is predicated;
  2. (B) submit required reports on time;
  3. (C) provide a response to audit or monitoring findings on time;
  4. (D) return any unused grant funds remaining on the expired grant within the required timeframe;
  5. (E) use funds appropriately; or
  6. (F) commence project operations within 45 days of the project start date; or
2. (2) determination is made that the grantee has submitted reports or records with deficiencies, irregularities, or are delinquent.
(b) The ABTPA may reduce or withhold grant funds when ABTPA allocations are depleted or insufficient funds are allocated.
(c) The ABTPA will notify grantees of deficient conditions for withholding funds and the period of time within which to cure any deficiency.
(d) Grantees have 15 days after receiving deficient notification to request an appeal.
(e) The ABTPA director or board designee will determine the outcome of the grant appeal.
(f) Funds will be released when the ABTPA director or board designee is provided with satisfactory evidence that the deficient conditions are corrected.

Source Note:The provisions of this §57.27 adopted to be effective January 21, 1993, 18 TexReg 159; transferred effective February 24, 1998, as published in the Texas Register March 6, 1998, 23 TexReg 2399; amended to be effective November 14, 1999, 24 TexReg 10146; amended to be effective December 10, 2007, 32 TexReg 9132; amended to be effective March 24, 2015, 40 TexReg 1713.