Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 854 - BUSINESS ENTERPRISES OF TEXAS › Subchapter E - ACTION AGAINST A LICENSE › Section 854.81 - Administrative Action Based on Unsatisfactory Performance

Current through Reg. 49, No. 28; July 12, 2024
(a) Causes for administrative action based on
				  unsatisfactory performance. One or more of the following acts or omissions by a
				  manager shall subject a manager to administrative action for unsatisfactory
				  performance:
(1) Failing to operate the
				  assigned facility as set forth in the permit or contract with the host and/or
				  in the manager's record of assignment unless prior written approval to operate
				  the facility in another manner has been obtained from the Agency.
(2) Failing to pay money that is due from the
				  operation of the facility, including, but not limited to, taxes, fees,
				  advances, or assessments to a governmental entity or supplier, or knowingly
				  giving false or deceptive information to or failing to disclose required
				  information to or misleading in any manner a governmental entity, including the
				  Agency, or a supplier.
(3) Failing
				  to file required financial and other records with the Agency or preserve them
				  for the time required by this subchapter.
(4) Failing to cooperate with audits
				  conducted by the Agency or other state or federal agencies.
(5) Failing to comply with filing and
				  reporting requirements established under state and federal tax laws relating to
				  the operation of the facility.
(6)
				  Failing to maintain insurance coverage required by these rules.
(7) Using BET equipment or facility premises
				  to operate another business.
(8)
				  Failing to properly maintain facility equipment in a clean and operable
				  condition within the scope of the manager's level of maintenance
				  authorization.
(9) Intentionally
				  abusing, neglecting, using, or removing facility equipment without prior
				  written Agency authorization.
(10)
				  Operating a facility under the influence of substances that interfere with the
				  operation of the facility, including alcohol and illegal or prescription
				  drugs.
(11) Operating a BET
				  facility in a manner that demonstrably jeopardizes the Agency's investment in
				  the facility.
(12) Using privileged
				  information about an existing facility to compete with the Agency for the
				  facility.
(13) Failing to comply
				  with any federal or state law prohibiting violation of human rights or
				  discrimination and failure to ensure that services are provided without
				  distinction on the basis of race, gender, color, national origin, religion,
				  age, political affiliation, creed, or disability.
(14) Failing to maintain the necessary skills
				  and abilities for effectively managing a facility.
(15) Using a facility to conduct unlawful
				  activities.
(16) Failing to comply
				  with the manager's responsibilities under applicable law, this subchapter, the
				  requirements of the BET manual, or any instruction by Agency staff.
(17) Communicating or causing another
				  individual to communicate with a member of a selection panel or an applicant
				  for a facility then being considered for assignment for the purpose of
				  influencing or manipulating the selection of an applicant by offering to give a
				  thing or act of value, including promises of future benefit, or by
				  threat.
(18) Failing to complete
				  annual continuing education requirements.