DEPARTMENTAL APPEALS BOARD
Department of Health and Human Services
SUBJECT: Attorney General of Texas DATE: July 19, 1989 Docket
No. 89-129 Decision No. 1070
DECISION
The Attorney General of Texas (Texas) appealed a decision by the Office
of Child Support Enforcement (OCSE) disallowing $73,490 in federal
financial participation claimed by Texas pursuant to Title IV-D of the
Social Security Act for the costs of operating its child support
enforcement program for the period of January 1989 through March 1989.
Texas acknowledged that the issues in this case were identical to the
issues which were addressed and decided in Attorney General of Texas,
DAB No. 1048, May 9, 1989. Texas requested that it be given 60 days, or
such additional time as is necessary, to submit to OCSE calculations
showing that some of the monies which the Regional Representative has
alleged are "program income" belong solely to Texas. Texas and counsel
for OCSE agreed that the Board should issue a summary decision
consistent with the findings and determinations we made in DAB No. 1048.
We therefore sustain the disallowance of $73,490 based on DAB No. 1048,
which, with its record, we incorporate here. This disallowance is
subject to reduction if the State provides evidence, consistent with DAB
No. 1048, that interest actually earned was less than what OCSE
determined. Texas is given 60 days from the receipt of this decision,
or such longer period as OCSE determines appropriate, to develop and
submit its documentation to OCSE. If Texas disputes OCSE's further
determination, it may return to this Board within 30 days after
receiving that determination.
Norval D. (John) Settle
Cecilia Sparks Ford
Judith A. Ballard Presiding Board