TITLE 19. EDUCATION

PART 2. TEXAS EDUCATION AGENCY

CHAPTER 157. HEARINGS AND APPEALS

SUBCHAPTER CC. HEARINGS OF APPEALS ARISING UNDER FEDERAL LAW AND REGULATIONS

19 TAC §157.1082

The Texas Education Agency (TEA) adopts an amendment to §157.1082, concerning a grantee's or subgrantee's opportunity for a hearing in an enforcement arising under federal law and regulations. The amendment is adopted without changes to the proposed text as published in the September 8, 2023 issue of the Texas Register (48 TexReg 4979) and will not be republished. The adopted amendment updates the citation to the federal regulation applicable to the rule.

REASONED JUSTIFICATION: Section 157.1082 describes actions TEA may take if a grantee or subgrantee of a federal grant materially fails to comply with any term of an award. The adopted amendment to §157.1082 updates the federal citation that allows the actions specified in the rule. No substantive changes were made.

SUMMARY OF COMMENTS AND AGENCY RESPONSES: The public comment period on the proposal began September 8, 2023, and ended October 9, 2023. No public comments were received.

STATUTORY AUTHORITY. The amendment is adopted under 2 Code of Federal Regulations, §200.339, which addresses federally required appeal processes associated with enforcement of federal grants.

CROSS REFERENCE TO STATUTE. The amendment implements 2 Code of Federal Regulations, §200.339.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on November 8, 2023.

TRD-202304111

Cristina De La Fuente-Valadez

Director, Rulemaking

Texas Education Agency

Effective date: November 28, 2023

Proposal publication date: September 8, 2023

For further information, please call: (512) 475-1497