TRAINING FOR OPERATING ENTITIES

(a) The commission or the board may evaluate whether an operating entity needs training if the operating entity: (1) requests financial assistance or an amendment to the project plan or budget; (2) requests more time to meet its obligations under a repayment schedule; (3) does not provide required documentation; or (4) has a history of compliance problems, as determined by the commission. (b) The board or the commission may determine that training is necessary if, after an examination and evaluation of the operating entity's managerial, financial, and technical capabilities, the board or commission finds that the operating entity's managerial, financial, or technical capabilities are inadequate to ensure the project will meet program requirements or remain financially viable. (c) The commission by rule shall establish a preenforcement threshold of noncompliance at which the commission may notify the board that an operating entity needs training. (d) If the commission assesses a penalty against an operating entity in an enforcement action, the enforcement order must contain a provision requiring that the operating entity receive training as ordered by the board. The commission shall notify the board when the commission assesses a penalty against an operating entity.