Section 13.528 - Recovery of Overallocated Funds(a) If the Coordinating Board determines after closing out a fiscal year pursuant to subchapter P, § 13.477, of this chapter (relating to Close Out), or any close-out or settle-up provisions contained in subchapter U of this chapter (relating to Community College Finance Program: Forecasting Methodology and Finance Policy), that a data reporting error or any other error resulted in an overallocation of funds to the institution, the Coordinating Board shall use any method authorized under statute or this rule to make a funding adjustment necessary to correct the over-allocation.(b) The Coordinating Board shall notify the institution not later than thirty (30) business days after the Commissioner of Higher Education makes a determination of a data reporting error under § 13.525 of this subchapter (relating to Commissioner Review of Required Reporting; Data Reporting Errors) or otherwise identifies an error requiring a funding adjustment to recover an overallocation. This notification must contain the amount of the overallocation and the basis for the determination.(c) The institution may submit a written appeal to the Commissioner of Higher Education within thirty (30) business days of receiving notification of an overallocation. The institution may attach any data or other written documentation that supports its appeal. The Commissioner of Higher Education shall review the appeal and determine in his or her sole discretion whether to affirm, deny, or modify the determination of overallocation within thirty (30) business days of receipt. The Commissioner of Higher Education or Chief Audit Executive shall make an annual report of overallocation determinations to the Board.(d) If the institution does not appeal or the Commissioner of Higher Education affirms the determination that an overallocation requiring a funding adjustment has occurred, the Coordinating Board shall recover an amount equal to the amount overallocated to the public junior college through one of the following methods: (1) The Coordinating Board shall: (A) withhold an amount equivalent to the overallocation by withholding from subsequent allocations of state funds for the current fiscal year as part of any close out or settle up provisions contained in subchapter U of this chapter, or as otherwise authorized by law of the current fiscal year; or(B) request and obtain a refund from the public junior college during the current fiscal year an amount equivalent to the amount of the overallocation; or(C) If the Commissioner of Higher Education in his or her sole discretion determines that the recovery of an overallocation in the current or subsequent fiscal year will have a substantial negative impact on the operations of the institution or the education of students, the Commissioner of Higher Education may instead recover the overallocation pursuant to paragraph (2) of this subsection.(2) If the Commissioner of Higher Education in his or her sole discretion determines that an overallocation pursuant to paragraphs (1) or (2) of this subsection was the result of exceptional circumstances reasonably caused by statutory changes to Texas Education Code, Chapters 130 or 130A, and related reporting requirements, the Coordinating Board may recover the overallocation over a period not to exceed the subsequent five fiscal years.(e) In addition to the recovery of an over-allocation under this section, the Commissioner of Higher Education may establish a corrective action plan for a public junior college that has received an overallocation of funds.(f) If the public junior college fails to comply with an agreement to submit a refund established under this section, the Coordinating Board must report to the Comptroller of Public Accounts for recovery pursuant to Texas Education Code, Section 130A.009.19 Tex. Admin. Code § 13.528
Adopted by Texas Register, Volume 48, Number 36, September 8, 2023, TexReg 4932, eff. 9/1/2023 (EMERGENCY); Adopted by Texas Register, Volume 49, Number 02, January 12, 2024, TexReg 0113, eff. 9/1/2023, exp. 2/27/2024 (Emergency); Amended by Texas Register, Volume 49, Number 06, February 9, 2024, TexReg 0676, eff. 2/15/2024; Amended by Texas Register, Volume 49, Number 32, August 9, 2024, TexReg 5973, eff. 8/15/2024