Enforcement Actions and Opportunity for Hearing

 

Per TAC §157.1082, applicants have the opportunity for a hearing when TEA disapproves or withholds grant funds, such as any of the following:

  • IDEA LEA MOE
  • NCLB LEA MOE
  • Title I comparability
  • A-133 (independent audits) questioned costs
  • TEA audit or monitoring review resulting in questioned costs
  • Any other enforcement actions where TEA reduces grantee allocation amounts or requires refunds due to compliance or eligibility requirements
  • Disapproval of an application, as applicable (per 34 CFR 76.401)

Applicant's Opportunity for a Hearing

Per 34 CFR 76.401(c)(1) and (2) and TAC §157.1081, TEA must offer an opportunity for a hearing if the applicant alleges that TEA took either of the following actions in violation of state or federal statute or regulation:

  • Disapproval of or failure to approve the application or project in whole or in part
  • Failure to provide funds in amounts in accordance with the requirements of statutes and regulations

The applicant must meet the following requirements and TEA must adhere to the following process, as defined in TAC §157.1083.

Applicant Requirements

According to the procedures in TAC §157.1083, the hearing must be requested within thirty (30) calendar days of the date of the enforcement letter and must be requested in accordance with the procedures specified in TAC §157.1083.

In the request for hearing, the organization shall specify:

  1. The action or proposed action that is the subject of the requested hearing;
  2. The statutory or regulatory authority identifying and supporting a finding that a violation occurred by TEA in enforcing the decision; and
  3. Specific facts supporting a finding that the action taken by TEA is in error.

The request for hearing shall be mailed by certified mail, return receipt requested; transmitted by facsimile at (512) 475-3662; or hand delivered to:

Director of Hearings
Texas Education Agency
1701 N. Congress Ave., Suite 2-150
Austin TX 78701-1494

The request for hearing shall be deemed filed at the time it is actually received by the Director of Hearings or the designated docket clerk in the TEA Division of Hearings.

The opportunity to request a hearing will be void 31 calendar days after the date of the enforcement letter.

TEA Process

  • The hearing shall be held on the record and within 30 days after the request for hearing is received.
  • At reasonable times and places, TEA shall make pertinent TEA records available.
  • No later than 10 days after the hearing, TEA shall issue a written ruling that includes findings of fact and reasons.
  • TEA shall be ordered to rescind the action if it is determined to be contrary to governing state or federal statutes or regulations.

Opportunity for Appeal

Per TAC §157.1083, the applicant may appeal to the US Department of Education if TEA is ordered to rescind its action and fails to do so.

Notice of Agency Policy

The Texas Education Agency conducts federal fiscal grant subrecipient monitoring and compliance reviews, and implements related enforcement actions, in accordance with its established policies and procedures. These policies and procedures incorporate best practices and standards that may be similar to common auditing standards, but the agency does not apply a specific set of external standards, such as the US Government Accountability Office’s Generally Accepted Government Auditing Standards (Yellow Book), nor is it required to do so.

Page last modified on 8/11/2014 03:20:27 PM.