Section 811.14 - Noncooperation(a) A Board shall ensure that cooperation by Choices participants is verified each month to ensure that the Choices participants: (1) comply with Choices program requirements as set forth in the FEP, as described in § 811.23 of this chapter; or(2) have good cause as described in § 811.16 of this subchapter.(b) If Choices participants have not cooperated with Choices program requirements and do not have good cause, a Board shall ensure that:(1) a penalty is requested for mandatory Choices participants; or(2) Choices services and support services, except Commission-funded child care, are terminated for exempt Choices participants; and(3) Choices child care is provided as needed, as specified in § 809.45 of this title.(c) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a mandatory Choices participant prior to requesting a penalty to: (1) determine the reason for noncooperation and whether good cause is applicable, as described in § 811.16(c) of this subchapter;(2) inform the mandatory Choices participant of:(A) the violation if good cause has not been determined;(B) the right to appeal; and(C) the necessary procedures to demonstrate cooperation.(d) A Board shall ensure that timely and reasonable attempts, as defined by the Agency, are made to contact a sanctioned family and conditional applicants upon discovery of noncooperation during their demonstrated cooperation period to determine if good cause exists.(e) A Board shall ensure that the reasonable attempts to contact a mandatory Choices participant are documented in the TWC case management system.(f) A Board shall ensure that:(1) HHSC is notified of a mandatory Choices participant's failure to comply with Choices program requirements; and(2) the notification of noncooperation is submitted as early as possible in the same month in which the noncooperation occurs.40 Tex. Admin. Code § 811.14
The provisions of this §811.14 adopted to be effective November 18, 2003, 28 TexReg 10261; amended to be effective February 26, 2007, 32 TexReg 906; amended to be effective September 29, 2008, 33 TexReg 8192; amended to be effective January 8, 2013, 38 TexReg 180; Amended by Texas Register, Volume 43, Number 48, November 30, 2018, TexReg 7802, eff. 12/3/2018; Amended by Texas Register, Volume 49, Number 20, May 17, 2024, TexReg 3589, eff. 5/20/2024