reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter G - PETITION FOR ADOPTION OF RULES › Section 800.254 - Review of Petition

Current through Reg. 49, No. 28; July 12, 2024
Upon receipt of a substantially complete petition, the
					 general counsel will forward a copy of the petition to the appropriate division
					 director for a response.
(1) Division
				  Response. Within 20 days after receiving the petition from the general counsel,
				  the division director shall respond in writing to the General Counsel
				  recommending either denying the request or initiating the rulemaking process.
				  The division director's response shall contain the reasons for the
				  recommendation.
(2) General Counsel
				  Recommendation. Within 20 days after receiving the division director's
				  response, the general counsel shall submit to the commissioners the petition,
				  the division director's response and a written recommendation by the general
				  counsel specifying the reasons for the recommendation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter G - PETITION FOR ADOPTION OF RULES › Section 800.255 - Commission Decision and Action

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commissioners shall issue the final decision regarding the petition within 60
				  days after receipt of the petition from the petitioner to either:
(1) deny the petition in writing, stating the
				  reasons for the denial; or
(2)
				  initiate rulemaking proceedings in accordance with Texas Government Code,
				  Chapter 2001, Administrative Procedure, Subchapter B, Rulemaking, as it may be
				  amended.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter H - VENDOR PROTESTS › Section 800.300 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise:
(1) Interested
				  Parties--Respondents in connection with the Solicitation, evaluation, or award
				  that is being protested.
(2)
				  Protestant--A Respondent Vendor that submits a protest under the Agency Vendor
				  Protest Procedures.
(3)
				  Respondent--A Vendor that submits an offer or proposal in response to an Agency
				  Solicitation.
(4) Solicitation--A
				  document, such as an Invitation for Bids, Request for Offers, Request for
				  Proposals, or Request for Qualifications that contains a request for responses
				  from Vendors to provide specified goods and services. The term also refers to
				  the process of obtaining responses from Vendors to provide specified goods and
				  services.
(5) Vendor--A potential
				  provider of goods or services to the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter H - VENDOR PROTESTS › Section 800.301 - Vendor Protest Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
				  Respondent who is allegedly aggrieved in connection with the Solicitation,
				  evaluation, or award of a contract by the Agency may formally protest to the
				  Agency's director of business operations.
(1)
				  Such protests must be made in writing and timely received by the Agency's
				  director of business operations.
(2) The protest must be received by the
				  Agency's director of business operations within 10 working days after the
				  Protestant knows, or should have known, of the occurrence of the action that is
				  protested.
(3) The Protestant shall
				  mail or deliver copies of the protest to: Director of Business Operations, 101
				  E. 15th Street, Room 316T, Austin, Texas 78778. The Protestant must also mail
				  or deliver copies of the protest to Interested Parties known to the
				  Protestant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter I - ENHANCED CONTRACT MONITORING › Section 800.350 - Purpose and Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of this subchapter is to implement the requirements of Texas Government
				  Code, §
										2261.253(c),
				  requiring state agencies to establish, by rule, a procedure to identify each
				  contract that requires enhanced contract or performance monitoring.
(b) Scope. Pursuant to Texas Government Code,
				  §
										2261.253(d) and
				  (g), this subchapter does not apply to:
(1) memoranda of understanding;
(2) interagency contracts;
(3) interlocal agreements; or
(4) contracts for which there is not a
				  cost.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter I - ENHANCED CONTRACT MONITORING › Section 800.351 - Enhanced Contract Monitoring Policy

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall identify which contracts
				  for goods and services require enhanced monitoring by evaluating the risk
				  factors, which include:
(1) the complexity of
				  the goods and services to be provided;
(2) the contract amount;
(3) the length and scope of the project
				  supported by the contract;
(4)
				  whether the services are new or have changed significantly since the last
				  procurement of the same services;
(5) whether the Agency has experience with
				  the contractor;
(6) whether the
				  project affects external stakeholders or is of particular interest to third
				  parties;
(7) whether Agency data is
				  accessed by the contractor; and
(8)
				  any other factors the Agency determines in a particular circumstance will
				  create a level of risk to the state or Agency such that enhanced monitoring is
				  required.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter I - ENHANCED CONTRACT MONITORING › Section 800.352 - Reporting of Enhanced Contract Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to the Texas Government Code
				  §
										2261.253, the Agency
				  shall submit information on each contract identified for enhanced contract
				  monitoring to the Commission.
(b)
				  The director of Procurement and Contract Services (PCS director) shall
				  immediately notify the Commission of any serious issue or risk that is
				  identified with respect to a contract identified for enhanced contract
				  monitoring.
(c) The contract
				  manager shall report on the status of all contracts subject to enhanced
				  monitoring to the PCS director quarterly.
(d) If any serious issues or risks are
				  identified about a contract subject to enhanced monitoring, the PCS director
				  will immediately notify the director of business operations and the executive
				  director.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.451 - Purpose and Applicability

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  The Commission intends these rules to govern negotiation, mediation, and other
				  assisted negotiation or mediation processes regarding a claim of breach of
				  contract asserted by a contractor against the Agency under Texas Government
				  Code, Chapter 2260. The Commission recognizes that the rules contained in this
				  subchapter are not intended to replace procedures relating to breach of
				  contract claims that are mandated by state or federal law. The parties to a
				  contract are encouraged to resolve any disagreement concerning the contract in
				  the ordinary course of contract administration under less formal procedures
				  specified in the parties' contract.
(b) Applicability.
(1) This chapter does not apply to an action
				  of the Agency for which a contractor is entitled to a specific remedy pursuant
				  to state or federal constitution or statute.
(2) This chapter does not apply to a contract
				  action proposed or taken by the Agency for which a contractor receiving
				  Medicaid funds under that contract is entitled by state statute or rule to a
				  hearing conducted in accordance with Texas Government Code, Chapter
				  2001.
(3) This chapter does not
				  apply to contracts:
(A) between the Agency
				  and the federal government or its agencies, another state or nation;
(B) between the Agency and one or more other
				  units of state government;
(C)
				  between the Agency and a local governmental body, or a political subdivision of
				  another state;
(D) between a
				  subcontractor and a contractor;
(E)
				  subject to §
												201.112 of the
				  Transportation Code;
(F) within the
				  exclusive jurisdiction of state or local regulatory bodies; or
(G) within the exclusive jurisdiction of
				  federal courts or regulatory bodies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.452 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meaning, unless the context clearly indicates
					 otherwise:
(1) Claim--A demand for
				  damages by the contractor based upon the Agency's alleged breach of the
				  contract.
(2) Contract--A written
				  contract between the Agency and a contractor by the terms of which the
				  contractor agrees either:
(A) to provide
				  goods or services, by sale or lease, to or for the Agency; or
(B) to perform a project as defined by Texas
				  Government Code, §
											2166.001.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.453 - Contractor Claim

Current through Reg. 49, No. 28; July 12, 2024
(a) A contractor
				  asserting a claim of breach of contract under the Texas Government Code,
				  Chapter 2260, shall file notice of the claim as provided by this section that
				  shall:
(1) be in writing and signed by the
				  contractor or the contractor's authorized representative;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service to the officer
				  of the Agency designated in the contract to receive a notice of claim of breach
				  of contract under the Texas Government Code, Chapter 2260; if no person is
				  designated in the contract, the notice shall be delivered to the executive
				  director; and
(3) state in detail:
(A) the nature of the alleged breach of
				  contract, including the date of the event that the contractor asserts as the
				  basis of the claim and each contractual provision allegedly breached;
(B) a description of damages that resulted
				  from the alleged breach, including the amount and method used to calculate
				  those damages; and
(C) the legal
				  theory of recovery, i.e., breach of contract, including the causal relationship
				  between the alleged breach and the damages claimed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.454 - Agency Counterclaim

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Agency, when asserting a counterclaim under Texas Government Code, Chapter
				  2260, shall file notice of the counterclaim as provided by this section that
				  shall:
(1) be in writing;
(2) be delivered by hand, certified mail
				  return receipt requested, or other verifiable delivery service to the
				  contractor or representative of the contractor who signed the notice of claim
				  of breach of contract; and
(3)
				  state in detail:
(A) the nature of the
				  counterclaim;
(B) a description of
				  damages or offsets sought, including the amount and method used to calculate
				  those damages or offsets; and
(C)
				  the legal theory supporting the counterclaim.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.455 - Request for Voluntary Disclosure of Additional Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon the filing of a claim or
				  counterclaim, parties may request to review and copy information in the
				  possession or custody or subject to the control of the other party that
				  pertains to the contract claimed to have been breached, including, without
				  limitation:
(1) accounting records;
(2) correspondence, including, without
				  limitation, correspondence between the Agency and outside consultants it
				  utilized in preparing its bid solicitation or any part thereof or in
				  administering the contract, and correspondence between the contractor and its
				  subcontractors, materialmen, and vendors;
(3) schedules;
(4) the parties' internal memoranda;
				  and
(5) documents created by the
				  contractor in preparing its offer to the Agency and documents created by the
				  Agency in analyzing the offers it received in response to a
				  solicitation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.456 - Costs

Current through Reg. 49, No. 28; July 12, 2024
Unless the contractor and the Agency agree otherwise, each
					 party shall be responsible for its own costs incurred in connection with the
					 negotiation, mediation, and other assisted negotiation or mediation processes,
					 including costs of document reproduction for documents requested by such party,
					 attorney's fees, and consultant or expert fees. The costs of the mediation
					 process itself shall be divided equally between the parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.461 - Duty to Negotiate

Current through Reg. 49, No. 28; July 12, 2024
The parties shall negotiate in accordance with the
					 timetable set forth in §
										800.462 of
					 this subchapter to attempt to resolve all claims and counterclaims. No party is
					 obligated to settle with the other party as a result of the
					 negotiation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.462 - Negotiation Timetable

Current through Reg. 49, No. 28; July 12, 2024
(a) Following
				  receipt of a contractor's notice of claim, the Agency's executive director or
				  designated representative shall review the contractor's claim and the Agency's
				  counterclaim, if any, and initiate negotiations with the contractor to attempt
				  to resolve the claim and counterclaim.
(b) Subject to subsection (c) of this
				  section, the parties shall begin negotiations within a reasonable period of
				  time, not to exceed the 120th day after the date the claim is
				  received.
(c) The Agency may delay
				  negotiations, with written agreement of the parties, until after the 120th day
				  after the date of the event giving rise to the claim of breach of
				  contract.
(d) The parties may
				  conduct negotiations according to an agreed schedule as long as they begin
				  negotiations no later than the 120th day after the claim is received.
(e) Subject to subsection (f) of this
				  section, the parties shall complete the negotiations that are required by this
				  subchapter as a prerequisite to a contractor's request for contested case
				  hearing no later than 270 days after the Agency receives the contractor's
				  notice of claim.
(f) The parties
				  may agree in writing to extend the time for negotiations on or before the 270th
				  day after the Agency receives the contractor's notice of claim. The agreement
				  shall be signed by representatives of the parties with authority to bind each
				  respective party and shall provide for the extension of the statutory
				  negotiation period until a date certain. The parties may enter into a series of
				  written extension agreements that comply with the requirements of this
				  section.
(g) The contractor may
				  request a contested case hearing before the State Office of Administrative
				  Hearings (SOAH) pursuant to §
										800.492
				  of this subchapter (relating to Request for Contested Case Hearing) after the
				  270th day after the Agency receives the contractor's notice of claim, or the
				  expiration of any extension agreed to under subsection (f) of this
				  section.
(h) The parties may agree
				  to mediate the dispute at any time before the 270th day after the Agency
				  receives the contractor's notice of claim or before the expiration of any
				  extension agreed to by the parties pursuant to subsection (f) of this section.
				  The mediation shall be governed by §§
										800.471-
				  800.473
				  of this subchapter.
(i) Nothing in
				  this section is intended to prevent the parties from agreeing to commence
				  negotiations earlier than the deadlines established in subsections (b) and (c)
				  of this section, or from continuing or resuming negotiations after the
				  contractor requests a contested case hearing before SOAH.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.463 - Conduct of Negotiation

Current through Reg. 49, No. 28; July 12, 2024
(a) A negotiation
				  under this subchapter may be conducted by any method, technique, or procedure
				  authorized under the contract or agreed upon by the parties, including, without
				  limitation, negotiation in person, by telephone, correspondence, video
				  conference, or any other method that permits the parties to identify their
				  respective positions, discuss their respective differences, confer with their
				  respective advisers, exchange offers of settlement, and settle.
(b) The parties may conduct negotiations with
				  the assistance of one or more neutral third parties. If the parties choose to
				  mediate their dispute, the mediation shall be conducted in accordance with
				  §§
										800.471-800.473
				  of this subchapter. Parties may choose other assisted negotiation or mediation
				  processes, including, without limitation, processes such as those described in
				  §§
										800.481
				  and
				  800.482
				  of this subchapter.
(c) To
				  facilitate the meaningful evaluation and negotiation of the claim(s) and any
				  counterclaim(s), the parties may exchange relevant documents that support their
				  respective claims, defenses, counterclaims or positions.
(d) Material submitted pursuant to this
				  subsection and claimed to be confidential by the contractor shall be handled
				  pursuant to the requirements of the Public Information Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.471 - Mediation

Current through Reg. 49, No. 28; July 12, 2024
(a) Option to Mediate. The parties may agree
				  to mediate the dispute at any time before the 120th day after the Agency
				  receives the contractor's notice of claim or before the expiration of any
				  extension agreed to by the parties pursuant to §
										800.462(f)
				  of this subchapter. The mediation shall be governed by rules contained in this
				  subchapter.
(b) Timetable. A
				  contractor and Agency may mediate the dispute even after the case has been
				  referred to SOAH for a contested case. SOAH may also refer a contested case for
				  mediation pursuant to its own rules and guidelines, whether or not the parties
				  have previously attempted mediation.
(c) Request for Referral. If mediation does
				  not resolve all issues raised by the claim, the contractor may request that the
				  claim be referred to SOAH by the Agency. Nothing in these rules prohibits the
				  contractor and the Agency from mediating their dispute after the case has been
				  referred for contested case hearing, subject to the rules of SOAH.
(d) Conduct of Mediation.
(1) A mediator may not impose his or her own
				  judgment on the issues for that of the parties. The mediator must be acceptable
				  to both parties.
(2) The mediation
				  is subject to the provisions of the Governmental Dispute Resolution Act, Texas
				  Government Code, Chapter 2009. For purposes of this subchapter, "mediation" is
				  assigned the meaning set forth in the Civil Practice and Remedies Code, §
											154.023.
(3) To facilitate a meaningful opportunity
				  for settlement, the parties shall, to the extent possible, select
				  representatives who are knowledgeable about the dispute, who are in a position
				  to reach agreement, or who can credibly recommend approval of an
				  agreement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.472 - Agreement to Mediate

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties may
				  agree to use mediation as an option to resolve a breach of contract claim at
				  the time they enter into the contract and include a contractual provision to do
				  so. The parties may mediate a breach of contract claim even absent a
				  contractual provision to do so if both parties agree.
(b) Any agreement to mediate shall include
				  consideration of the following factors:
(1)
				  The source of the mediator. Potential sources of mediators include governmental
				  officers or employees who are qualified as mediators under Civil Practice and
				  Remedies Code, §
											154.052,
				  private mediators, SOAH, the Center for Public Policy Dispute Resolution at The
				  University of Texas at Austin School of Law, an alternative dispute resolution
				  system created under Civil Practice and Remedies Code, Chapter 152, or another
				  state or federal agency or through a pooling agreement with several state
				  agencies. Before naming a mediator source in a contract, the parties should
				  contact the mediator source to be sure that it is willing to serve in that
				  capacity. In selecting a mediator, the parties should use the qualifications
				  set forth in §
											800.473
				  of this Subchapter (relating to Qualifications and Immunity of the
				  Mediator).
(2) The time period for
				  the mediation. The parties should allow enough time in which to make
				  arrangements with the mediator and attending parties to schedule the mediation,
				  to attend and participate in the mediation, and to complete any settlement
				  approval procedures necessary to achieve final settlement. While this time
				  frame can vary according to the needs and schedules of the mediator and
				  parties, it is important that the parties allow adequate time for the
				  process.
(3) The location of the
				  mediation.
(4) Allocation of costs
				  of the mediator.
(5) The
				  identification of representatives who will attend the mediation on behalf of
				  the parties, if possible, by name or position within the Agency or contracting
				  entity.
(6) The settlement approval
				  process in the event the parties reach agreement at the mediation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.473 - Qualifications and Immunity of the Mediator

Current through Reg. 49, No. 28; July 12, 2024
(a) The mediator shall possess the
				  qualifications required under Civil Practice and Remedies Code, §
										154.052,
				  be subject to the standards and duties prescribed by Civil Practice and
				  Remedies Code, §
										154.053,
				  and have the qualified immunity prescribed by Civil Practice and Remedies Code,
				  §
										154.055,
				  if applicable.
(b) The parties
				  should decide whether, and to what extent, knowledge of the subject matter and
				  experience in mediation would be advisable for the mediator.
(c) The parties should obtain from the
				  prospective mediator the ethical standards that will govern the
				  mediation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.481 - Other Assisted Negotiation and Mediation Processes

Current through Reg. 49, No. 28; July 12, 2024
(a) Parties to a contract dispute under Texas
				  Government Code, Chapter 2260 may agree, either contractually or when a dispute
				  arises, to use other assisted negotiation and mediation (alternative dispute
				  resolution) processes in addition to negotiation and mediation to resolve their
				  dispute.
(b) Factors Supporting the
				  Use of Other Assisted Negotiation or Mediation Processes. The following factors
				  may help parties decide whether one or more of the other assisted negotiation
				  and mediation processes could help resolve their dispute:
(1) The parties recognize the benefits of an
				  agreed resolution of the dispute;
(2) The expense of proceeding to contested
				  case hearing at SOAH is substantial and might outweigh any potential
				  recovery;
(3) The parties want an
				  expedited resolution;
(4) The
				  ultimate outcome is uncertain;
(5)
				  There exists factual or technical complexity or uncertainty which would benefit
				  from expertise of a third-party expert for technical assistance or
				  fact-finding;
(6) The parties are
				  having substantial difficulty communicating effectively;
(7) A mediator third party could facilitate
				  the parties' realistic evaluation of their respective cases;
(8) There is an on-going relationship that
				  exists between parties;
(9) The
				  parties want to retain control over the outcome;
(10) There is a need to develop creative
				  alternatives to resolve the dispute;
(11) There is a need for flexibility in
				  shaping relief;
(12) The other side
				  has an unrealistic view of the merits of their case; or
(13) The parties (or aggrieved persons) need
				  to hear an evaluation of the case from someone other than their
				  lawyers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.482 - Methods of Other Assisted Negotiation and Mediation Processes

Current through Reg. 49, No. 28; July 12, 2024
(a) Methods. The Agency may elect any of the
				  following methods, or a combination of these methods, or any assisted
				  negotiation process if agreed to by the parties, in seeking resolution of
				  disputes or other controversy arising under Texas Government Code, Chapter
				  2260. If the parties agree to use another assisted negotiation or mediation
				  procedure, the parties shall agree in writing to a detailed description of the
				  process prior to engaging in the process that may include one or more of the
				  following:
(1) Mediation as set forth in this
				  subchapter;
(2) Early evaluation by
				  a third-party neutral;
(3) Neutral
				  fact-finding by an expert; or
(4)
				  Mini-trial.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.491 - Settlement Agreement and Approval Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) Settlement Process. The parties'
				  settlement approval procedures shall be disclosed by the parties prior to the
				  negotiation, mediation, or other assisted negotiation and mediation process,
				  unless the parties agree otherwise in writing. To the extent possible, the
				  parties shall select negotiators or representatives who are knowledgeable about
				  the subject matter of the dispute, who are in a position to reach agreement,
				  and who can credibly recommend approval of an agreement.
(b) Initial Settlement Agreement. Any
				  settlement agreement reached during the mediation shall be signed by the
				  representatives of the contractor and the Agency, and shall describe any
				  procedures required to be followed by the parties in connection with final
				  approval of the agreement.
(c)
				  Final Settlement Agreement.
(1) A final
				  settlement agreement reached during, or as a result of negotiation, mediation,
				  or other assisted negotiation or mediation process that resolves an entire
				  claim or any designated and severable portion of a claim, shall be in writing
				  and signed by representatives of the contractor and the Agency who have
				  authority to bind each respective party.
(2) If the settlement agreement does not
				  resolve all issues raised by the claim and counterclaim, the agreement shall
				  identify the issues that are not resolved.
(3) A partial settlement does not waive a
				  contractor's rights under the Texas Government Code, Chapter 2260, as to the
				  parts of the claim that are not resolved.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter K - CONTRACT NEGOTIATION, MEDIATION, AND OTHER ASSISTED NEGOTIATION OR MEDIATION PROCESSES › Section 800.492 - Request for Contested Case Hearing

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  If a claim for breach of contract is not resolved in its entirety through
				  negotiation, mediation, or other assisted negotiation or mediation process, in
				  accordance with this subchapter on or before the 270th day after the Agency
				  receives the notice of claim, or after the expiration of any extension agreed
				  to by the parties pursuant to this subchapter, the contractor may file a
				  request with the Agency for a contested case hearing before SOAH.
(b) A request for a contested case hearing
				  shall state the legal and factual basis for the claim, and shall be delivered
				  to the chief administrative officer of the Agency or other officer designated
				  in the contract to receive notice within a reasonable time after the 270th day
				  or the expiration of any written extension agreed to pursuant to this
				  subchapter.
(c) The Agency shall
				  forward the contractor's request for contested case hearing to SOAH within a
				  reasonable period of time, not to exceed 10 business days, after receipt of the
				  request.
(d) The parties may agree
				  to submit the case to SOAH before the 270th day after the notice of claim is
				  received by the Agency if they have achieved a partial resolution of the claim
				  or if an impasse has been reached in the negotiations and proceeding to a
				  contested case hearing would serve the interests of justice.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.500 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Workforce Diploma Pilot Program is to
					 reimburse qualified providers that provide assistance to adult students to
					 obtain high school diplomas and attain industry-recognized credentials and to
					 develop technical career readiness and employability skills to the extent that
					 funding is available for this purpose.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.501 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1) Academic
				  resiliency--A student's ability to persist and to academically succeed despite
				  adversity.
(2) Academic skill
				  intake assessment--A formal and/or informal assessment used at intake to gather
				  information on a student's current knowledge and skills in specific academic
				  areas (for example, literacy and numeracy). That information is then used to
				  determine the student's appropriate instructional level as well as
				  accommodations and/or remediation that the student needs.
(3) Career Pathway--A combination of rigorous
				  and high-quality education, training, and other services that:
(A) aligns with the skill needs of industries
				  in the economy of the state or regional economy involved;
(B) prepares an individual to be successful
				  in any of a full range of secondary or postsecondary education
				  options;
(C) includes counseling to
				  support an individual in achieving the individual's education and career
				  goals;
(D) includes, as
				  appropriate, education offered concurrently with, and in the same context as,
				  workforce preparation activities and training for a specific occupation or
				  occupational cluster;
(E) organizes
				  education, training, and other services to meet the particular needs of an
				  individual in a manner that accelerates the educational and career advancement
				  of the individual to the extent practicable;
(F) enables an individual to attain a
				  secondary school diploma or its recognized equivalent, and at least one
				  recognized postsecondary credential; and
(G) helps an individual enter or advance
				  within a specific occupation or occupational cluster (29 USC §
												3102, Definitions).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.502 - Request for Qualifications and List of Qualified Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency will identify qualified
				  providers to participate in the Program through a statewide Request for
				  Qualifications (RFQ) process conducted in accordance with state requirements.
				  The Agency will publish an RFQ no later than October 15th of each year to
				  identify Program providers.
(b)
				  Potential providers will apply directly to the Agency using the RFQ process,
				  and, once identified as a qualified provider, must meet all deadlines,
				  requirements, and guidelines set forth in the published RFQ.
(c) The Agency will publish a list of
				  qualified providers no later than November 15th of each year to participate in
				  the Program the next calendar year.
(d) Each provider on the qualified provider
				  list will be eligible to receive monthly reimbursements for this Program based
				  on monthly invoices submitted to the Agency, as prescribed in the RFQ's
				  terms.
(e) Each year, the Agency
				  shall review and update the list of qualified providers. Qualified providers
				  that do not meet the minimum performance standards outlined in § 800.503
				  of this subchapter will be placed on probation for the remainder of the
				  calendar year. Failure to meet both minimum performance standards for two
				  consecutive years will result in disqualification from the Program.
(f) The Agency's determinations in the RFQ
				  process will be based on the affirmation of the qualified provider to
				  effectively perform all services and activities outlined in Texas Labor Code,
				  Chapter 317.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.503 - Minimum Performance Standards

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The minimum performance standards for the calendar year must include:
(1) a graduation rate, as defined in §
				  800.504(a) of this subchapter, of at least 50 percent; and
(2) a program cost per graduate of $7,000 or
				  less, as calculated pursuant to § 800.504(b) of this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.504 - Graduation Rate and Graduate Cost Formulas

Current through Reg. 49, No. 28; July 12, 2024
(a) Graduation rate is defined as and
				  determined by dividing the number of students who received a high school
				  diploma from the qualified provider by the number of students for which the
				  qualified provider sought and received reimbursements.
(b) The Program cost per graduate formula is
				  determined as the product of the number of students who received a high school
				  diploma the previous calendar year multiplied by $7,000; the product may not
				  exceed the total annual cost (reimbursements paid) to the qualified provider
				  for the total number of services provided.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter L - WORKFORCE DIPLOMA PILOT PROGRAM › Section 800.505 - Reimbursement Rates

Current through Reg. 49, No. 28; July 12, 2024
(a) The reimbursement
				  amounts that a qualified provider may receive, to the extent that funding is
				  available, shall be as follows:
(1) $250 for
				  completion of a half credit;
(2)
				  $250 for completion of an employability skills certification program equal to
				  at least one credit or the equivalent;
(3) $250 for the attainment of an
				  industry-recognized credential requiring not more than 50 hours of
				  training;
(4) $500 for the
				  attainment of an industry-recognized credential requiring at least 50 but not
				  more than 100 hours of training;
(5) $750 for the attainment of an
				  industry-recognized credential requiring more than 100 hours of training;
				  and
(6) $1,000 for the obtainment
				  of a high school diploma.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.550 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of this subchapter is to establish rules for
					 the Tax Refund for Wages Paid to Employee Receiving Financial Assistance in
					 accordance with Texas Labor Code, Chapter 301, Subchapter H.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.551 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this
					 subchapter, shall have the following meanings, unless the context clearly
					 indicates otherwise.
(1)
				  Comptroller--The comptroller of public accounts of the State of Texas, as
				  defined under Texas Government Code, Chapter 403.
(2) Person--A "person" is:
(A) a business entity located in this
				  state;
(B) a governmental
				  subdivision located in this state; or
(C) a public or private organization located
				  in this state that is not a state agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.552 - Tax Refund Voucher

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall
				  issue a tax refund voucher in the amount allowed by this subchapter and subject
				  to the restrictions imposed by this subchapter to a person that meets the
				  eligibility requirements under this subchapter.
(b) A person issued a tax refund voucher may,
				  subject to the provisions of this subchapter, apply to the comptroller's office
				  for a refund of taxes in accordance with Texas Labor Code, §
										301.106.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.553 - Amount of Refund

Current through Reg. 49, No. 28; July 12, 2024
(a) The amount of the
				  refund allowed under this subchapter shall be equal to 20 percent of the total
				  wages, up to a maximum of $10,000 in wages for each employee, paid or incurred
				  by a person for services rendered by an employee of the person during the
				  period beginning with the date the employee begins work for the person and
				  ending on the first anniversary of that date.
(b) The refund claimed for a calendar year
				  shall not exceed the amount of the net tax paid by the person to the State of
				  Texas, after any other applicable tax credits in that calendar year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.554 - Eligibility

Current through Reg. 49, No. 28; July 12, 2024
A person is eligible for the refund for wages paid or
					 incurred by the person, during each calendar year for which the refund is
					 claimed, only in the following circumstances:
(1) The wages paid or incurred by the person
				  are for services of an employee who is a:
(A)
				  resident of this state; and
(B)
				  recipient of:
(i) financial assistance or
				  services in accordance with Texas Human Resources Code, Chapter 31;
				  or
(ii) medical assistance in
				  accordance with Texas Human Resources Code, Chapter 32;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.555 - Certification

Current through Reg. 49, No. 28; July 12, 2024
A person is not eligible for the refund of wages paid or
					 incurred by the person unless the person has received a written certification
					 from the Agency that the person's employee is a recipient of:
(1) financial assistance within the six
				  months prior to his or her start date; or
(2) medical assistance within the six months
				  prior to his or her start date.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.556 - Application for Refund

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may apply
				  for a tax refund voucher for wages paid an employee in a calendar year only on
				  or after January 1 and before April 1 of the following calendar year.
(b) A person must submit an application for
				  the tax refund voucher on a form promulgated by the Agency.
(c) On issuance of the tax refund voucher to
				  the person by the Agency, the person may apply the voucher against a tax paid
				  by the person to this state only for the calendar year for which the voucher is
				  issued.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter M - TAX REFUND FOR WAGES PAID TO EMPLOYEE RECEIVING FINANCIAL ASSISTANCE › Section 800.557 - Limitations

Current through Reg. 49, No. 28; July 12, 2024
(a) A person may only
				  apply for a tax refund related to wages paid while the person's employee was
				  covered by health care coverage in accordance with § 800.554(3) of this
				  subchapter and the cost of coverage was paid in full or in part by the
				  person.
(b) A person may convey,
				  assign, or transfer a refund under this subchapter to another person only if:
(1) the employing unit is sold, conveyed,
				  assigned, or transferred, in the same transaction or in a related transaction,
				  to the person to whom the refund is conveyed assigned, or transferred;
				  or
(2) the person to whom the
				  refund is conveyed, assigned, or transferred:
(A) is subject to a tax administered by the
				  comptroller and deposited to the credit of the state General Revenue Fund
				  without dedication; and
(B)
				  directly or indirectly owns, controls, or otherwise directs, in whole or in
				  part, an interest in the person from whom the refund is conveyed, assigned, or
				  transferred.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 800 - GENERAL ADMINISTRATION › Subchapter N - REPORTING WORKPLACE VIOLENCE › Section 800.600 - Reporting Workplace Violence

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of this subchapter is to prescribe the form and content of the
				  reporting workplace violence poster as required by House Bill 915, 88th Texas
				  Legislature, Regular Session (2023), and Texas Labor Code Chapter
				  104A.
(b) Definitions:
(1) In this section, "Employee" and
				  "Employer" shall have the meanings established under Texas Labor Code §
											104A.001.
(2) "Notice" means a notice to employees of
				  the contact information for reporting instances of workplace violence or
				  suspicious activity to the Texas Department of Public Safety.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter A - GENERAL PROVISIONS › Section 801.1 - Requirements for Formation of Local Workforce Development Boards

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of Rule.
(1) Upon application by the chief elected
				  officials (CEOs) and approval of the Commission, the Commission shall forward
				  an application to form a Local Workforce Development Board (Board) to the
				  Governor.
(2) Before an application
				  may be submitted to the Governor, all requirements of this section shall be
				  met.