(a) Any service purchased or reimbursed by the Agency may be monitored at the discretion of the Agency.     
      (b) The Agency may conduct compliance monitoring reviews of the contractor's services to determine if the contractor is in compliance with the contract and with program rules and requirements. These reviews are conducted at the location where the contractor is providing the services unless the Agency specifies a different location. The Agency shall assess contractor performance based on contract standards.     
      (c) The Agency may expand a compliance monitoring review period or any requested review sample at any time.     
      (d) The Agency may conduct a fiscal monitoring review:      
        (1) in conjunction with a compliance monitoring review;       
        (2) independent of a compliance monitoring review;       
        (3) when a contract is terminated;       
        (4) as a result of a complaint; or       
        (5) at other times, as the Agency considers necessary.       
      (e) The Agency may use sampling methods in monitoring and auditing contracts.     
      (f) The contractor has the burden of proof in establishing entitlement to payments made under the contract.     
     Source Note:        The provisions of this §858.7 adopted to be effective June 17, 2015, 40 TexReg 3638; duplicated effective September 1, 2016, as published in the Texas Register September 2, 2016, 41 TexReg 6773; amended to be effective July 6, 2020, 45 TexReg 4532