(a) For an AEL grant recipient to be eligible to receive deobligated AEL funds, the Commission may consider whether the AEL grant recipient:      
        (1) has met targeted expenditure levels as required by §800.78(a) and (b) of this subchapter, as applicable, for that period;       
        (2) has not expended or obligated more than 100 percent of the workforce area's allocation for the category of funding;       
        (3) has demonstrated that expenditures conform to cost category limits for funding;       
        (4) has demonstrated the need for and ability to use additional funds;       
        (5) is current on expenditure reporting;       
        (6) is current with all single audit requirements;       
        (7) is meeting performance for the program year; and       
        (8) is not under sanction.       
      (b) The Commission must approve any plan to reallocate funds deobligated or voluntarily deobligated from AEL grant recipients. The Commission may make such funds available as a first priority to any other AEL grant recipients providing AEL services within the same workforce area meeting the requirements of subsection (a) of this section, upon receipt and approval by the Commission of an acceptable plan. Following the determination that any such plan has not been determined to be acceptable, the Commission may consider AEL grant recipients outside the workforce area satisfying the requirements of subsection (a) of this section, upon receipt and approval by the Commission of an acceptable plan. In the event AEL grant recipients outside the workforce area are not able to meet the requirements of subsection (a) of this section, Agency staff will present an alternate plan for Commission consideration.     
     Source Note:        The provisions of this §800.80 adopted to be effective February 24, 2014, 39 TexReg 1195; amended to be effective November 24, 2022, 47 TexReg 7747