reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 813 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM EMPLOYMENT AND TRAINING › Subchapter D - ALLOWABLE ACTIVITIES › Section 813.34 - Job Retention Support Services

Current through Reg. 49, No. 28; July 12, 2024
Boards shall offer job retention support services for a
					 minimum of 30 days and not more than 90 days to assist:
(1) mandatory work registrants who obtain
				  part-time employment while participating, or after successfully participating,
				  in SNAP E&T activities; and
(2)
				  exempt recipients who participated in SNAP E&T activities and obtained
				  full-time employment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 813 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM EMPLOYMENT AND TRAINING › Subchapter E - SUPPORT SERVICES FOR PARTICIPANTS › Section 813.41 - Provision of SNAP E&T Support Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall ensure that SNAP E&T
				  support services are provided to mandatory work registrants and exempt
				  recipients who voluntarily participate in SNAP E&T services, if the support
				  services are reasonable, necessary, and directly related to participation in
				  SNAP E&T activities, as follows:
(1)
				  Mandatory Work Registrants. Boards shall ensure that:
(A) support services are provided to assist
				  mandatory work registrants with participation in SNAP E&T activities and in
				  obtaining employment; and
(B) if
				  the monthly expenses directly related to participation by a mandatory work
				  registrant exceed available funds, the mandatory work registrant is:
(i) exempted from further participation in an
				  assigned SNAP E&T activity; or
(ii) reassigned to a SNAP E&T activity
				  that will not require the provision of support services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 813 - SUPPLEMENTAL NUTRITION ASSISTANCE PROGRAM EMPLOYMENT AND TRAINING › Subchapter F - COMPLAINTS › Section 813.53 - Discrimination Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A mandatory
				  work registrant alleging discrimination on the basis of age, race, color,
				  national origin, or physical or mental disability has a right to file a written
				  complaint of alleged discriminatory acts within 180 calendar days from the date
				  of the alleged discriminatory act. Complaints must be submitted to the Texas
				  Workforce Commission Equal Opportunity Department, 101 East 15th Street, Room
				  220, Austin, TX 78778-0001.
(b)
				  Boards shall ensure that the Board or the Board's service providers advise
				  individuals who express an interest in filing a discrimination complaint of
				  their right to file a complaint and the complaint procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter A - GENERAL PROVISIONS › Section 815.1 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the statute or context in which the
					 word or phrase is used clearly indicates otherwise.
(1) Act--The Texas Unemployment Compensation
				  Act, Texas Labor Code Annotated, Title 4, Subtitle A, as amended.
(2) Additional claim--A notice of new
				  unemployment filed at the beginning of a second or subsequent series of claims
				  within a benefit year or within a period of eligibility when a break of one
				  week or more has occurred in the claim series with intervening employment. The
				  employer named on an additional claim will have 14 days from the date notice of
				  the claim is mailed to reply to the notice. The additional claim reopens a
				  claim series and is not a payable claim since it is not a claim for seven days
				  of compensable unemployment.
(3)
				  Adequate notification--A notification of adverse facts, including any
				  subsequent notification, affecting a claim for benefits, as provided in the
				  Act, Chapter 208.
(A) Notification to the
				  Commission is adequate as long as the employer or its agent gives a reason,
				  supported by facts, directly related to the allegation raised regarding the
				  claimant's right to benefits.
(B)
				  The employer or its agent may demonstrate good cause for failing to provide
				  adequate notice. Good cause is established solely by showing that the employer
				  or its agent was prevented from providing adequate notification due to
				  compelling circumstances beyond the control of the employer or its
				  agent.
(C) Examples of adequate
				  notification of adverse facts include, but are not limited to, the following:
(i) The claimant was discharged for
				  misconduct connected with his work because he was fighting on the job in
				  violation of written company policy.
(ii) The claimant abandoned her job when she
				  failed to contact her supervisor in violation of written company policy and
				  previous warnings.
(D) A
				  notification is not adequate if it provides only a general conclusion without
				  substantiating facts. A general statement that a worker has been discharged for
				  misconduct connected with the work is inadequate. The allegation may be
				  supported by a summary of the events, which may include facts documenting the
				  specific reason for the worker's discharge, such as, but not limited to:
(i) policies or procedures;
(ii) warnings;
(iii) performance reviews;
(iv) attendance records;
(v) complaints; and
(vi) witness statements.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter A - GENERAL PROVISIONS › Section 815.2 - Mailing Dates and Use of Forms

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Except as otherwise provided in Subchapter C of this chapter, when an
				  individual or an employing unit reports or applies to the Agency in writing
				  upon an Agency form, for purposes of determining the date the writing was sent,
				  the following dates shall control, in the order listed:
(1) the postmark date or the postal meter
				  date (where there is only one or the other);
(2) the postmark date if there is both a
				  postmark date and a postal meter date, if they conflict;
(3) the date the writing was delivered to a
				  common carrier, which date is equal to a postmark date;
(4) a writing received in an envelope bearing
				  no legible postmark, postal meter date, or date of delivery to the common
				  carrier shall be considered to have been sent three business days before
				  receipt by the Agency, or on the date of the document, if the document date is
				  less than three days earlier than date of receipt; or
(5) if the mailing envelope is lost after
				  delivery to the Agency, the date on the writing shall control. If the document
				  is undated, the date the writing was sent shall be three business days before
				  receipt by the Agency, subject to sworn testimony establishing an even earlier
				  date.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter A - GENERAL PROVISIONS › Section 815.3 - Addresses

Current through Reg. 49, No. 28; July 12, 2024
(a) In this chapter, each employing unit
				  which has or had individuals in "employment" so defined in the Act shall notify
				  the Agency of its correct address and of any change in its correct address, and
				  each employing unit shall promptly notify the Agency of any change of address.
				  Each individual who is a claimant for benefits, who is liable to the Agency for
				  an overpayment pursuant to the Act, Chapter 212 or 214, or who is registered
				  for work at an Agency office, or public employment office, including a
				  workforce center, shall promptly notify the Agency of any change of
				  address.
(b) In this chapter, a
				  group account, as referred to in the Act, §205.021, shall be treated as a
				  single employing unit for the purposes of this section and the Agency shall use
				  the address of the group representative as the official address of the group.
				  The group representative shall notify the Agency of the correct address and
				  shall promptly notify the Agency of any change of address.
(c) In all transactions in which notice is
				  required by the Act or this chapter, the Agency shall notify the parties at the
				  last known address as reflected in the Agency records. However, when the Agency
				  mails a notice of an initial claim to the employer, the Agency shall use the
				  address of the employer for whom the claimant last worked, or if the employer
				  has more than one branch or division at different locations, the location of
				  the branch or division for which the claimant last worked, or a mailing address
				  designated by the employer in the Act, § 208.003.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter A - GENERAL PROVISIONS › Section 815.4 - Conformity with Federal Law

Current through Reg. 49, No. 28; July 12, 2024
Notwithstanding any other provision of this chapter, if the
					 U.S. Secretary of Labor holds that a provision of this chapter does not conform
					 with federal statute or regulation, the Agency may administer this chapter to
					 conform with the federal statute or regulation until the Commission has a
					 reasonable opportunity to amend the nonconforming provision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.10 - Appeals From Decisions on Chargebacks

Current through Reg. 49, No. 28; July 12, 2024
Appeals from decisions on chargebacks under the Act,
					 §§204.021 - 204.027, 208.004(c), and §212.005(b), shall be to
					 the appeal tribunals and to the Commission within the time prescribed by the
					 Act. These appeals shall be heard in accordance with the provisions of §
										815.16
					 of this chapter (relating to Appeals to Appeal Tribunals from Determinations),
					 §
										815.17
					 of this chapter (relating to Appeals to the Commission from Decisions), and
					 §
										815.18
					 of this chapter (relating to General Rules for Both Appeal Stages), except to
					 the extent that the referenced sections are clearly
					 inapplicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.12 - Waiver of Repayment and Recovery of Federal Extended Unemployment Compensation Overpayments

Current through Reg. 49, No. 28; July 12, 2024
(a) When
				  conforming with an applicable federal extended unemployment compensation
				  program, this section implements waiver of repayment requirements by setting
				  out the process that the Agency and Commission shall use to determine whether
				  to waive the repayment and recovery of non-fraudulent overpayments. The terms
				  repayment and recovery will be referred to as repayment in this section, and
				  the federal extended unemployment compensation overpayment will be referred to
				  as overpayment.
(b) When a decision
				  of the Agency or Commission results in a federal extended unemployment
				  compensation overpayment, the Agency or Commission will also determine whether
				  the overpayment will be waived .
(c) A claimant may appeal the underlying
				  issue that created the overpayment determination pursuant to the provisions of
				  Chapter 212 of the Act and the provisions set out in §
										815.16
				  of this chapter (relating to Appeals to Appeal Tribunals from Determinations),
				  §
										815.17
				  of this chapter (relating to Appeals to the Commission from Decisions), and
				  §
										815.18
				  of this chapter (relating to General Rules for Both Appeal Stages).
(d) A claimant may also appeal a denial of a
				  request to waive the repayment of an overpayment in the same manner as stated
				  in subsection (c) of this section.
(e) The Agency or Commission will deny a
				  request to waive the repayment of a non-fraudulent overpayment if it determines
				  that:
(1) the payment of the federal extended
				  unemployment compensation benefits is the fault of the claimant, or
(2) the repayment is not contrary to equity
				  and good conscience.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.16 - Appeals to Appeal Tribunals from Determinations

Current through Reg. 49, No. 28; July 12, 2024
A party of interest may appeal a determination to the
					 appeal tribunal. Appeals shall be in accordance with the terms of this section,
					 §
										815.15
					 of this chapter (relating to Parties with Appeal Rights), §
										815.17
					 of this chapter (relating to Appeals to the Commission from Decisions), and
					 §
										815.18
					 of this chapter (relating to General Rules for Both Appeal Stages). As used in
					 this section and in §815.17 and §815.18, the term "party" includes a
					 person's or individual's representative. In this section, a reference to the
					 term "supervisor of appeals" includes the supervisor's designee.
(1) Presentation of appealed claims.
(A) A party appealing from a determination
				  made by an examiner under the provisions of the Act, shall file an appeal by
				  hand delivery, mail, common carrier, facsimile (fax) transmission, or other
				  method approved by the Agency in writing. A written appeal that is sent to the
				  Agency should be addressed to the Texas Workforce Commission, 101 East 15th
				  Street, Austin, Texas, 78778-0001, or faxed to the number provided in the
				  determination. A written appeal may be hand delivered to the Texas Workforce
				  Commission, 101 East 15th Street, Austin, Texas 78778-0001, a local office of
				  the Agency, or an agent state, or a workforce center or an office of a Board.
				  The appeal should identify the determination being appealed, the basis for the
				  appeal, the name of the party appealing, and the date of the appeal. The
				  provisions of §
											815.32 of
				  this chapter (relating to Timeliness) shall determine on what date the appeal
				  was filed.
(B) Upon the scheduling
				  of a hearing on an appeal or a petition to reopen, notice of the hearing shall
				  be mailed to the parties at least five days before the date of the hearing. The
				  notice shall identify the decision or determination appealed from and shall
				  specify the time and date of the hearing, the party appealing, and the issue to
				  be heard. If the hearing is an in-person hearing, the notice shall also specify
				  the location of the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.17 - Appeals to the Commission from Decisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The presentation of an appeal to the
				  Commission.
(1) A party of interest may
				  appeal a decision of the Appeal Tribunal. A party appealing from a decision of
				  an appeal tribunal shall file the appeal by hand delivery, mail, common
				  carrier, facsimile (fax) transmission, or other method approved by the Agency
				  in writing. A written appeal that is sent to the Agency should be addressed to
				  the Texas Workforce Commission, 101 East 15th Street, Austin, Texas,
				  78778-0001, or faxed to the number provided in the decision. A written appeal
				  may be hand delivered to the Texas Workforce Commission, 101 East 15th Street,
				  Austin, Texas 78778-0001, a local office of the Agency, or an agent state, or a
				  workforce center or an office of a Board. The appeal should identify the
				  decision of the appeal tribunal being appealed, the basis for the appeal, the
				  name of the party appealing, and the date of the appeal. The provisions of
				  §
											815.32 of
				  this chapter (relating to Timeliness) shall determine on what date the appeal
				  was filed.
(2) When an appeal to
				  the Commission is filed, all evidence and records pertaining to the appeal
				  shall be submitted to the Commission for its review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.18 - General Rules for Both Appeal Stages

Current through Reg. 49, No. 28; July 12, 2024
This section shall be applicable to appeals both to the
					 appeal tribunal and to the Commission.
(1) Issuance of subpoenas.
(A) Subpoenas to compel the attendance of
				  witnesses and the production of records for any hearing of an appeal may be
				  issued at the direction of the Commission or its designee or an appeal
				  tribunal. A subpoena may be issued either at the request of a party or on the
				  motion of the Commission or its designee or the appeal tribunal. The party
				  requesting a subpoena shall state the nature of the information desired,
				  including names of any witnesses and the records that the requestor feels are
				  necessary for the proper presentation of the case. The request shall be granted
				  only to the extent the records or the testimony of the requested witnesses
				  appears to be relevant to the issues on appeal.
(B) A witness subpoenaed to appear before an
				  appeal tribunal, the Commission or its designee, or a court may be paid a fee
				  and mileage for the appearance. The fee shall be $20 per day, and for miles
				  necessarily traveled to and returning from a hearing, the rate per mile shall
				  be at the rate provided for state employees in the State Appropriations Act, or
				  as otherwise required by law. The fee as provided in this section and the
				  mileage shall be paid from the unemployment compensation administration fund
				  upon proper certification of the appeal tribunal, the Commission or its
				  designee, or the court, and upon certification of the witness that the fees and
				  mileage are just, true, and unpaid.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.19 - Hearings Involving Forfeiture or Cancellation of Rights to Benefits

Current through Reg. 49, No. 28; July 12, 2024
Hearings with respect to forfeiture or cancellation of
					 benefits and rights to benefits in situations potentially involving willful
					 nondisclosure or misrepresentation as provided in the Act, §214.003, shall
					 be conducted in a fair and impartial manner in accordance with the provisions
					 of §
										815.15
					 of this chapter (relating to Parties with Appeal Rights), §
										815.16
					 of this chapter (relating to Appeals to Appeal Tribunals from Determinations),
					 §
										815.17
					 of this chapter (relating to Appeals to the Commission from Decisions), and
					 §
										815.18
					 of this chapter (relating to General Rules for Both Appeal Stages), except to
					 the extent that the sections are clearly inapplicable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.21 - Interstate Claims

Current through Reg. 49, No. 28; July 12, 2024
This section shall govern the Agency in its administrative
					 cooperation with other states adopting a similar rule or regulation for the
					 payment of benefits to interstate claimants, any provision of any other rule to
					 the contrary notwithstanding.
(1)
				  Definitions. As used in this section, the following words and terms shall have
				  the following meanings, unless the context clearly indicates otherwise.
(A) Agent state--Any state from which or
				  through which an individual files a claim for benefits from another
				  state.
(B) Benefits--The
				  compensation payable to an individual with respect to the individual's
				  unemployment, under the unemployment insurance law of any state.
(C) Interstate benefit payment plan--The plan
				  approved by the Interstate Conference of Employment Security Agencies under
				  which benefits shall be payable to unemployed individuals absent from the state
				  (or states) in which benefit credits have been accumulated.
(D) Interstate claimant--An individual who
				  claims benefits under the unemployment insurance law of one or more liable
				  states through the facilities of an agent state, or directly with the liable
				  state. The term "interstate claimant" shall not include any individual who
				  customarily commutes from a residence in an agent state to work in a liable
				  state unless the Agency finds that this exclusion would create undue hardship
				  on the claimants in specified areas.
(E) Liable state--Any state against which an
				  individual files, through another state, a claim for benefits.
(F) State--Includes the District of Columbia,
				  Puerto Rico, and the Virgin Islands.
(G) Week of unemployment--Includes any week
				  of unemployment as defined in the law of the liable state from which benefits
				  with respect to the week are claimed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.22 - Special Claim Situations

Current through Reg. 49, No. 28; July 12, 2024
(a) For adequate
				  cause shown, the Agency may permit retroactive or backdated work registrations
				  and may permit the filing of retroactive or backdated work registrations and
				  may permit the filing of retroactive or backdated claims in order to prevent
				  hardship or injustice. The work registrations and claims shall have the same
				  effect as though prepared and filed on the earlier date. In the event a request
				  for backdating a claim is approved prior to the filing of the claim, a claimant
				  must file the backdated claim within 60 days of the date the backdating was
				  authorized in order for the claim to be valid.
(b) On a finding by the executive director,
				  or the executive director's designee, that a foreign conflict creates an
				  emergency situation which prevents the filing of claims in accordance with all
				  of the provisions of §
										815.20 of this
				  chapter (relating to Claim for Benefits) and that the emergency is likely to
				  continue for an extended period, the executive director may permit the filing
				  and payment of claims not meeting all of the requirements of §
										815.20 of this
				  chapter (relating to Claim for Benefits). However, those requirements may be
				  relaxed only to the extent that the executive director finds necessary to
				  prevent hardship or injustice that would otherwise be caused by the
				  emergency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.23 - Record of Work and Wages Required of Claimants

Current through Reg. 49, No. 28; July 12, 2024
An individual who has registered, in accordance with §
										815.20 of this
					 chapter (relating to Claim for Benefits), for work and filed a claim shall keep
					 an accurate record of any work which the claimant has performed during any day
					 within a benefit period regardless of whether the work constitutes "employment"
					 as defined in the Act. The record shall include the names and addresses of the
					 individuals or persons for whom the claimant worked, the total remuneration
					 earned, and the number of hours worked during the benefit period. All claimants
					 shall provide the information at the time a continued or additional claim is
					 filed, in the manner which the Agency may direct.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.24 - Notice of Appeal Rights

Current through Reg. 49, No. 28; July 12, 2024
Each notice of determination which the Agency is required
					 to furnish to the parties shall, in addition to stating the decision and its
					 reasons, include a notice specifying the party's appeal rights. The notice of
					 appeal rights shall state clearly the place and manner for taking an appeal
					 from the determination and the period within which an appeal may be taken. This
					 section does not grant appeal rights to a party that is not a party of
					 interest.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.25 - Approval of Training

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency
				  shall approve training, if:
(1) there is no
				  longer substantial and recurring demand for the individual's skills, and the
				  lack of employment opportunities in occupations requiring those skills is
				  expected to continue for an extended period of time, and the individual has no
				  other skill for which there is an expectation of reemployment in a reasonable
				  period; and
(2) the training will
				  enhance the individual's ability to secure stable employment and earning
				  potential in an occupation for which there is substantial and recurring
				  demand.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.26 - Extended Benefit Period Announcement

Current through Reg. 49, No. 28; July 12, 2024
When the Agency receives official notice or determines that
					 an extended benefit period will become effective in this state, or that an
					 extended benefit period in effect in this state will be terminated, the Agency
					 shall make an announcement of this fact through the available news media. The
					 announcement shall contain:
(1) the
				  beginning or ending date of the extended benefit period, whichever is
				  appropriate;
(2) in the case of an
				  extended benefit period that is about to begin, a statement of who may be
				  potential beneficiaries of extended benefits during the extended benefit
				  period; and
(3) a statement to the
				  effect that any individual who wishes to file a claim for extended benefits
				  shall file the claim in the same manner in which the claimant would file a
				  claim for regular benefits, except that the claimant may file retroactive
				  claims for extended benefits during the first 21 days after the beginning date
				  of the extended benefit period or during the first 21 days after the date of
				  the announcement of the extended benefit period, whichever is later.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.27 - Provisions Applicable to Extended Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Except where the result would be
				  inconsistent with the purpose of the provisions for extended benefits in the
				  Act, the terms and conditions of the Act and the rules in this chapter, which
				  apply to claims for, and payment of, regular benefits shall apply to claims
				  for, and payment of extended benefits, including, but not limited to:
(1) claim filing, claimant reporting, and
				  registration for work;
(2)
				  information to claimants;
(3)
				  notices to claimants and to employers, as appropriate, including notice to
				  claimants as to the amount and duration of extended benefits for which they
				  qualify;
(4) determinations,
				  redeterminations, appeals, and reviews;
(5) the week for which benefits are
				  paid;
(6) ability to work,
				  availability for work, and search for work; and
(7) disqualifications, except for the
				  provisions of the Act, Chapter 209, Subchapter C, concerning failure to accept
				  any offer of suitable work or failure to apply for any suitable work when so
				  directed by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter B - BENEFITS, CLAIMS, AND APPEALS › Section 815.32 - Timeliness

Current through Reg. 49, No. 28; July 12, 2024
(a) Unless otherwise specified in this
				  chapter, appeals time frames are generally determined within these guidelines:
(1) as established in the Texas Unemployment
				  Compensation Act; and
(2) are
				  extended one working day following a deadline which falls on a weekend, an
				  official state holiday, a state holiday for which minimal staffing is required,
				  or a federal holiday.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.101 - Scope

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to set forth the
					 provisions governing employers' interaction with the Tax Department as provided
					 by the Act. The rules contained in this subchapter may be applicable to an
					 Unemployment Insurance function, except that to the extent of any conflict, the
					 program-specific rule will govern.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.102 - Mailing Dates and Use of Forms

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Whenever an individual or an employing unit reports or applies to the Agency in
				  writing upon an Agency form, for purposes of determining the date the writing
				  is submitted, the following dates shall control, in the order listed:
(1) the United States Postal Service postmark
				  date, if legible;
(2) the postal
				  meter date, if legible;
(3) a
				  writing received in an envelope without a legible postmark or postal meter date
				  shall be considered to have been sent three business days before receipt by the
				  Agency, or on the date of the writing, if the date of the writing is less than
				  three days earlier than date of receipt; or
(4) if the mailing envelope is lost after
				  delivery to the Agency, the date on the writing shall control. If the writing
				  is undated, the date the writing was sent shall be three business days before
				  receipt by the Agency, subject to sworn testimony establishing the mailing
				  date.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.103 - Digital Signatures

Current through Reg. 49, No. 28; July 12, 2024
(a) Within this
				  subchapter a digital signature may be used to authenticate a written electronic
				  communication sent to the Agency if it complies with the following factors:
(1) it is unique to the person or individual
				  using it;
(2) it is capable of
				  independent verification;
(3) it is
				  under the sole control of the person or individual using it; and
(4) it is transmitted in a manner that shall
				  make it infeasible to change the data in the communication without invalidating
				  the digital signature.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.104 - Remuneration Other than Cash

Current through Reg. 49, No. 28; July 12, 2024
(a) If any
				  part of an individual's wages is received in any medium other than cash, the
				  reasonable cash value of the remuneration other than cash shall be deemed for
				  all purposes of the Act to be either:
(1) the
				  amount which is agreed upon between the employing unit and the individual if:
(A) the terms of the agreement are reported
				  to the Agency; and
(B) the Agency
				  determines that the agreed value or amount is reasonable; or
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.105 - Expense Reimbursements

Current through Reg. 49, No. 28; July 12, 2024
Allowances, advances of reimbursements paid to an
					 individual in employment for traveling, and other bona fide expenses incurred
					 or reasonably expected to be incurred in the business of the individual's
					 employer shall not be treated as wages, provided a separate payment is made for
					 the expenses, or specific accounting records are kept indicating the separate
					 amounts where a single payment covers both wages and expenses combined, and
					 provided further that the amount of payments for expenses excluded from wages
					 shall not exceed the amount allowable as deductible expenses by income tax
					 regulations under the United States Internal Revenue Code,
					 26 U.S.C.A.
					 §62(2) and §
										162(a)(2).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.106 - Records of Employing Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  employing unit shall keep true and accurate employment and payroll records,
				  that shall include the name and correct address of the employing unit, and the
				  name and address of each branch or division or establishment operated, owned,
				  or maintained by the employing unit at different locations in Texas, and the
				  following information for each and every individual performing services for it:
(1) the individual's name, address, and
				  social security number;
(2) the
				  dates on which the individual performed services for the employing unit and the
				  state or states in which the services were performed;
(3) the amount of wages paid to the
				  individual for each separate payroll period, date of payment of the wages, and
				  amounts or remuneration paid to the individual for each separate payroll period
				  other than "wages," as defined in the Act; and
(4) whether, during any payroll period the
				  individual worked less than full time, and if so, the hours and dates
				  worked.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.107 - Reports Required and Their Due Dates

Current through Reg. 49, No. 28; July 12, 2024
(a) All reports and forms required by the
				  Agency or the Act shall be filed with the Agency in one of the following
				  formats unless a different format is approved in writing by the Agency, a
				  hardship exemption is requested from and granted by the Agency, or as specified
				  in this chapter.
(1) General Format of
				  Reports and Forms and Methods of Submission. The reports and forms referenced
				  in this section shall be filed using:
(A)
				  forms printed by the Agency;
(B)
				  electronic media in a format prescribed by the Agency; or
(C) any other manner approved and prescribed
				  by the Agency in writing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.108 - Signatures on Reports and Forms

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  report or form required by the Agency shall, if signature is called for by the
				  report or form or instructions, be signed by:
(1) the individual, if the person required to
				  submit the report or form is an individual;
(2) the president, vice-president, or other
				  principal officer, if the employing unit required to submit the report or form
				  is a corporation;
(3) a partner, if
				  the employing unit required to submit the report or form is a
				  partnership;
(4) a duly authorized
				  member or officer having knowledge of its affairs, if the employing unit
				  required to submit the report or form is an unincorporated
				  organization;
(5) the fiduciary, if
				  the employing unit required to submit the report or form is a trust or
				  estate;
(6) the head of the
				  department (or the department head's designee) having control of the services
				  with respect to which contributions, reimbursements, or other payments are
				  attributable, if the employing unit required to submit the report or form is
				  the State of Texas or a branch, department, instrumentality, or political
				  subdivision thereof;
(7) the group
				  representative, if the report or form is being submitted for a group account;
				  or
(8) any individual who is
				  authorized in writing to sign for each individual or employing unit.
(A) The written authority shall be: filed
				  with the Agency; revocable by either party; and in terms which explicitly
				  authorize the attorney or agent to transact business between the grantor of
				  said power and the Agency. The written authority shall be filed in a manner
				  prescribed by the Agency.
(B) The
				  written authority shall be in full force and effect until it is revoked in a
				  manner prescribed by the Agency.
(C) The Agency may reject any written
				  authority that does not conform with this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.110 - Transfer of Surplus Credit to Successor Employing Unit

Current through Reg. 49, No. 28; July 12, 2024
(a) An application to transfer a surplus
				  credit described under §204.0861 of the Act shall be filed in one of the
				  following formats:
(1) An Agency-developed
				  form; or
(2) Any other manner
				  approved or prescribed by the Agency in writing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.111 - Partial Transfer of Compensation Experience

Current through Reg. 49, No. 28; July 12, 2024
(a) Voluntary Partial Transfer of
				  Compensation Experience
(1) An application
				  for transfer of compensation experience pursuant to §204.084 of the Act
				  shall be filed with the Agency in one of the following formats:
(A) forms printed by the Agency;
(B) magnetic or electronic media in a format
				  prescribed by this Agency; or
(C)
				  any other manner approved and prescribed by the Agency in writing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.112 - Refunds to Employing Units

Current through Reg. 49, No. 28; July 12, 2024
A claim for refund or adjustment shall be made on a form
					 supplied by the Agency or by magnetic or electronic media using a format
					 prescribed by the Agency. All grounds and details and all facts alleged in
					 support of the claim shall be clearly set forth. The claim shall be filed by
					 the employing unit which paid the contributions, interest, or penalty or by a
					 duly authorized representative thereof. In addition, the Agency may require the
					 claim to be filed under oath.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.114 - Employer Elections To Cover Multistate Workers

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This section shall govern the
				  Texas Workforce Commission in its administrative cooperation with other states
				  subscribing to the Interstate Reciprocal Coverage Arrangement
				  (arrangement).
(b) Definitions. As
				  used in this section, the following words and terms shall have the following
				  meanings, unless the context clearly indicates otherwise.
(1) Agency--Any officer, board, the Texas
				  Workforce Commission, or other authority charged with the administration of the
				  unemployment compensation law of a participating jurisdiction.
(2) Interested jurisdiction--Any
				  participating jurisdiction to which an election submitted under this section is
				  sent for its approval; and "interested agency" means the agency of that
				  jurisdiction.
(3) Jurisdiction--Any
				  state of the United States, the District of Columbia, Puerto Rico, the Virgin
				  Islands, or, with respect to the federal government the coverage of any federal
				  unemployment compensation law.
(4)
				  Participating jurisdiction--A jurisdiction whose administrative agency has
				  subscribed to the arrangement and whose adherence thereto has not
				  terminated.
(5) Services
				  "customarily performed" by an individual in more than one
				  jurisdiction--Services performed in more than one jurisdiction during a
				  reasonable period, if: the nature of the services gives reasonable assurance
				  that the services will continue to be performed in more than one jurisdiction;
				  or the services are required or expected to be performed in more than one
				  jurisdiction under the election.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.115 - Contribution and Wage Reports Covering Seamen and Seamen's Wages Paid under Shipping Articles

Current through Reg. 49, No. 28; July 12, 2024
This section shall govern contribution and wage reports
					 covering seamen and seamen's wages paid under shipping articles.
(1) Pay period. For the purpose of this
				  section, the term "pay period" established by "shipping articles" means the
				  period of the voyage or engagement of the crew under "articles of agreement"
				  pursuant to 46 U.S.C.A. §564.
(2) Current reports.
(A) Contribution reports and wage reports
				  with respect to wages, including advances, allotments, and payment in kind,
				  such as board and lodging, earned in any pay period established by "shipping
				  articles" shall be submitted as of the calendar quarter in which any of the
				  wages in cash were actually paid or any of the wages in kind were
				  furnished.
(B) Reports on wages
				  falling within the purview of this section need not be filed prior to the time
				  reports regarding wages paid at the termination of the period shall be filed.
				  However, separate reports shall in that event be filed for each calendar
				  quarter involved during which wages in cash were paid and wages in kind were
				  furnished.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.116 - Identification and Tracking of Transfers and/or Acquisitions of Businesses

Current through Reg. 49, No. 28; July 12, 2024
(a) An electronic method of tracking the
				  reporting of employees and wages will be employed by the Agency to assist in
				  ascertaining instances of improper reporting by employers.
(b) To aid the Agency in this determination,
				  upon request and as determined necessary by the Agency, employers shall provide
				  information sufficient to enable the Agency to determine:
(1) the status of the employing unit under
				  investigation and whether the employer is liable under the Act;
(2) the proper employer of the employees
				  reported and whether the wages are reported by the proper entity;
(3) the relationship between the predecessor
				  or successor entity and whether a mandatory transfer of compensation experience
				  is required under §204.083 of the Act; and
(4) the correct calculation of the tax rate
				  assigned to the employer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 815 - UNEMPLOYMENT INSURANCE › Subchapter C - TAX PROVISIONS › Section 815.117 - Employing Units

Current through Reg. 49, No. 28; July 12, 2024
(a) Scope. This section
				  shall govern the Texas Workforce Commission in its administration of the Common
				  Paymaster provisions authorized under §201.011(11) of the Act.
(b) Definitions. The following definitions
				  shall apply to §201.011(11) of the Act:
(1) Common Paymaster--A Common Paymaster of a
				  group of related corporations is any member thereof that disburses remuneration
				  to employees of two or more of those corporations on their behalf and that is
				  responsible for keeping books and records for the payroll with respect to those
				  employees. The following are also incorporated into this definition:
(A) The Common Paymaster is not required to
				  disburse remuneration to all the employees of those two or more related
				  corporations, but the provisions of this section do not apply to any
				  remuneration to an employee that is not disbursed through a Common
				  Paymaster;
(B) A group of related
				  corporations may only have one Common Paymaster for the group. A group of
				  related corporations may not be subdivided to facilitate multiple Common
				  Paymasters; and
(C) When two or
				  more related corporations concurrently employ the same individual and
				  compensate that individual through a Common Paymaster, which is one of the
				  related corporations for which the individual performs services, each of the
				  corporations is considered to have paid only the remuneration it actually
				  disburses to that individual, unless the disbursing corporation fails to remit
				  the taxes due.