(a) The Commission may deobligate funds from an AEL grant recipient during the program year if an AEL grant recipient is not meeting the expenditure thresholds set forth in subsection (b) of this section, provided, however, that the requirements of §800.80(a) of this subchapter are satisfied.
  (1) AEL grant recipients that fail to meet the expenditure thresholds set forth in subsection (b) of this section at the end of month four(October), or any month thereafter, will be reviewed to determine the causes for the under expenditure of funds, except as set forth in subsection (d) of this section.
  (2) The Commission shall not deobligate more than the difference between an AEL grant recipient's actual expenditures and the amount corresponding to the relative proportion of the program year.
  (3) The Commission shall not deobligate funds from an AEL grant recipient that failed to meet the expenditure thresholds set forth in subsection (b) of this section, if within 60 days prior to the potential deobligation period the Commission executes a contract amendment for a supplemental allocation or reallocation of funds in the same program funding category.
(b) The Commission may deobligate funds from an AEL grant recipient midyear, as set forth in subsection (a) of this section, if an AEL grant recipient fails to achieve the expenditure of an amount corresponding to 90 percent or more of the relative proportion of the program year.
(c) An AEL grant recipient subject to deobligation for failure to meet the requirements set forth in this section shall, upon request by the Commission, submit a written justification. For an AEL consortium, a copy must be provided to all AEL consortium members. The written justification shall provide sufficient detail regarding the actions an AEL grant recipient will take to address its deficiencies, including:
  (1) expansion of services proportionate to the available resources;
  (2) projected service levels and related performance;
  (3) reporting outstanding obligations; and
  (4) any other factors an AEL grant recipient would like the Commission to consider.
(d) To the extent this section may be found not to comply with federal requirements, or should any related federal waivers expire, the Commission will be subject to federal requirements in effect, as applicable.

Source Note: The provisions of this §800.78 adopted to be effective February 24, 2014, 39 TexReg 1195; amended to be effective December 16, 2018, 43 TexReg 8148; amended to be effective November 24, 2022, 47 TexReg 7747