SECTION 840.53. Compliance Violations

(a) Training providers shall comply with all nondiscrimination protections included in WIOA §188.

(b) Training providers shall designate the Agency as an authorized representative under the Family Educational Rights and Privacy Act regarding the disclosure of education records to be used for audit and/or evaluation purposes and for performance reporting and program evaluation under WIOA and in accordance with 34 Code of Federal Regulations, Part 99.

(c) The Agency shall require providers to submit an acknowledgment of compliance requirements, addressed in subsections (a) and (b) of this section, at initial eligibility determination in electronic format, or by such other means determined by the Agency.

(d) The Agency shall require providers to submit an acknowledgment of compliance requirements, addressed in subsections (a) and (b) of this section, during annual report submission in electronic format or by such other means determined by the Agency.

(e) A local Board or the Agency may determine if a provider has violated any protection provided by WIOA §188. If such determination is made, the provider will be considered to have substantially violated the rules of this chapter.

(f) Providers determined to have substantially violated the rules of this chapter shall have their programs removed from the statewide ETPL immediately. Removal for such violation shall be for not less than two years.

(g) Providers that are no longer licensed in accordance with §840.10 of this chapter (relating to Appropriate Licensure) shall have their programs immediately removed from the statewide ETPL.

(h) The Agency may require providers that have been determined to have violated the rules of this chapter to repay any funds provided under this chapter during the period of such violation.

Source Note: The provisions of this §840.53 adopted to be effective January 4, 2021, 46 TexReg 195; amended to be effective July 18, 2022 47 TexReg 4142