Texas Administrative Code › Title 19 - EDUCATION › Part 1 - TEXAS HIGHER EDUCATION COORDINATING BOARD › Chapter 13 - FINANCIAL PLANNING › Subchapter R - STATE PUBLIC JUNIOR COLLEGE FINANCE PROGRAM REPORTING, AUDIT, AND OVERALLOCATION › Section 13.528 - Recovery of Overallocated Funds

Current through Reg. 49, No. 28; July 12, 2024
(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 S of this chapter, 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 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 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 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 the close out 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 subsection (d)(2) of this section.