(a) The Agency may impose penalties on a Board, AEL grant recipient, or Agency grantee based on the following criteria as determined appropriate by the Agency given the totality of the circumstances surrounding the occurrence of the sanctionable act or acts:
  (1) Severity, nature, duration, and extent;
  (2) Previous occurrences of sanctionable acts; and
  (3) Efforts by the Board, workforce service provider, AEL grant recipient, AEL service provider, or Agency grantee to prevent the occurrence of the sanctionable act, including efforts to:
    (A) obtain technical assistance, training, or other assistance from the Agency;
    (B) resolve monitoring findings; and
    (C) prevent potential sanctionable acts.
(b) The Agency may impose penalties for sanctionable acts listed in this subchapter. Notwithstanding the list of sanctionable acts appearing after each specific level of sanction in §802.123 of this subchapter, the Agency may assign a higher or lower sanction level based on the severity or mitigating circumstances surrounding the sanctionable acts.
(c) The Commission may recommend to TWIC pursuant to Texas Government Code, Chapter 2308, that one or more of the following be imposed on Boards:
  (1) A reorganization plan under Texas Government Code §2308.268 for the workforce area;
  (2) A restructuring of the Board, including decertification of the current Board and appointment and certification of a new Board;
  (3) A merger of the workforce area into one or more other workforce areas; or
  (4) Any other penalty deemed appropriate by the Commission.
(d) More than one corrective action may be imposed in response to one occurrence of a sanctionable act. The corrective actions imposed for one or more occurrences of sanctionable acts may correlate with the sanction level imposed on a Board, AEL grant recipient, or Agency grantee.
(e) Failure by a Board, AEL grant recipient, or Agency grantee to complete the corrective actions described in this subchapter within the specified time limits may result in the Agency imposing penalties under this subchapter and withholding contract payments to the Board, AEL grant recipient, or Agency grantee.
(f) Penalties for Second-Year WIA Nonperformance. If a Board fails to meet its targets on 25 percent of its contracted measures by more than 20 percent of target for two consecutive program years, the Commission shall review the performance deficiencies and shall make a recommendation to TWIC that it impose a reorganization plan for the workforce area. The Commission's recommendation to TWIC for reorganization of a workforce area may include one or more of the corrective actions or penalties included in this subchapter. Notwithstanding this subsection, the Commission may take other action deemed appropriate as consistent with federal law.
(g) Penalties for Failures Regarding the One-Stop Service Delivery Network. Failure of a Board to ensure the continued operation of a one-stop service delivery network as required by WIA §121 and Chapter 801, Subchapter B, One-Stop Service Delivery Network of this title, including failure to properly certify Workforce Solutions Offices as defined in §801.24 of this title, may result in the imposition of penalties as provided in this subchapter, and the Agency's withholding of payment for any administrative expenses until the Board demonstrates to the satisfaction of the Agency that all of the required elements of a one-stop service delivery network are operational.

Source Note: The provisions of this §802.124 adopted to be effective February 7, 2011, 36 TexReg 604; amended to be effective February 24, 2014, 39 TexReg 1201