DEPARTMENTAL APPEALS BOARD
Department of Health and Human Services
SUBJECT: Attorney General of Texas Docket No. 89-198 Decision No. 1113
DATE: November 3, 1989
DECISION
The Attorney General of Texas (Texas) appealed a decision by the Office
of Child Support Enforcement (OCSE) disallowing $182,009 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 April 1989 through June 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 (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 agreed that the
Board should issue a summary decision consistent with the findings and
determinations we made in DAB No. 1048. Counsel for OCSE did not
object.
We therefore sustain the disallowance of $182,009 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