reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter G - CORRECTIVE ACTIONS › Section 802.122 - Intent to Sanction

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may
				  issue an intent to sanction to set forth:
(1)
				  a corrective action plan and performance review and assistance
				  activities;
(2) a specific timeline
				  for the implementation of the corrective action plan by a Board, AEL grant
				  recipient, or Agency grantee; and
(3) an opportunity to cure the sanctionable
				  acts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter G - CORRECTIVE ACTIONS › Section 802.123 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
(a) Level-One Sanction. The Agency may impose
				  a level-one sanction on a Board, AEL grant recipient, or Agency grantee for
				  sanctionable acts. Sanctionable acts that occur during the program, grant,
				  fiscal, contract, or calendar year include, but are not limited to, the
				  following:
(1) failure to submit timely and
				  accurate required financial or performance reports;
(2) failure to take corrective actions to
				  resolve findings identified during monitoring, investigative, or program
				  reviews, including failure to comply with a technical assistance plan developed
				  by the Agency;
(3) failure to
				  rectify or resolve all independent audit findings or questioned costs within
				  required time frames;
(4) failure
				  to submit required annual audits;
(5) breach of administrative and service
				  contract requirements;
(6) failure
				  to retain required service delivery and financial records; or
(7) failure to meet the target on any
				  contracted performance measure by more than 10 percent of target.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter G - CORRECTIVE ACTIONS › Section 802.124 - Penalties for Noncompliance with Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency may impose penalties on a
				  Board, AEL grant recipient, or Agency grantee based on the following criteria
				  as determined appropriate by the Agency given the totality of the circumstances
				  surrounding the occurrence of the sanctionable act or acts:
(1) Severity, nature, duration, and
				  extent;
(2) Previous occurrences of
				  sanctionable acts; and
(3) Efforts
				  by the Board, workforce service provider, AEL grant recipient, AEL service
				  provider, or Agency grantee to prevent the occurrence of the sanctionable act,
				  including efforts to:
(A) obtain technical
				  assistance, training, or other assistance from the Agency;
(B) resolve monitoring findings;
				  and
(C) prevent potential
				  sanctionable acts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter G - CORRECTIVE ACTIONS › Section 802.125 - Sanction Determination

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  director of Agency's Workforce Development Division determines whether a
				  sanction shall be imposed, including whether it is appropriate to impose a
				  sanction level on the Board, AEL grant recipient, or Agency grantee and whether
				  it is appropriate to assign a penalty.
(b) The Commission shall work in concert with
				  TWIC, as appropriate, to impose sanctions as required by Texas Government Code
				  §
										2308.268
				  and §
										2308.269.
(c) The Agency shall send a written notice of
				  sanction determination (sanction determination) to the following:
(1) Board:
(A) The Board's executive director or
				  administrative officer;
(B) The
				  Board's chair; and
(C) The lead
				  chief elected official of the workforce area; or
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.141 - Informal Conferences and Informal Dispositions

Current through Reg. 49, No. 28; July 12, 2024
An informal conference is defined as an informal meeting
					 between a Board or Agency grantee and designee of the director of the Agency's
					 Workforce Development Division, held for the purpose of agreeing on a proposed
					 informal disposition of a sanctionable act. An informal conference shall be
					 voluntary and shall not be a prerequisite to a hearing in an appeal of a
					 penalty.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.142 - Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board or Agency grantee may appeal a
				  final determination or sanction determination; however, a recommendation to
				  another entity by the Agency or Commission under Subchapter G of this chapter
				  (relating to Corrective Actions), cannot be appealed.
(b) A request for appeal of a final
				  determination or sanction determination shall be filed within 10 working days
				  following the receipt of the determination. The appeal shall be in writing and
				  filed with the General Counsel, Texas Workforce Commission, 101 East 15th
				  Street, Austin, Texas 78778. Failure by a Board, workforce service provider, or
				  Agency grantee to timely request a hearing waives the right to a
				  hearing.
(c) The Agency shall refer
				  the request for appeal to an impartial hearing officer for a hearing.
(d) The Agency shall mail a notice of hearing
				  to the Board or Agency grantee as provided in §
										802.125(c)
				  of this chapter, and to their representatives, if any. The notice of hearing
				  shall be in writing and include:
(1) a
				  statement of the date, time, place, and nature of the hearing;
(2) a statement of the legal authority under
				  which the hearing is to be held; and
(3) a short and plain statement of the issues
				  to be considered during the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.143 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) The sanction
				  determination hearing shall be conducted in person in Austin, Texas, unless the
				  parties agree to a telephonic hearing or request a different
				  location.
(b) The hearing shall be
				  conducted informally and in such manner as to ascertain the substantial rights
				  of the parties. All issues relevant to the appeal shall be considered and
				  addressed, and may include:
(1) Presentation
				  of Evidence. The parties to an appeal may present evidence that is material and
				  relevant, as determined by the hearing officer. In conducting a hearing, the
				  hearing officer shall actively develop the record on the relevant circumstances
				  and facts to resolve all issues. To be considered as evidence in a decision,
				  any document or physical evidence must be entered as an exhibit at the
				  hearing.
(2) Examination of Parties
				  and Witnesses. The hearing officer shall examine parties and any witnesses, and
				  shall allow cross-examination to the extent the hearing officer deems necessary
				  to afford the parties due process.
(3) Additional Evidence. The hearing officer,
				  with or without notice to any of the parties, may take additional evidence as
				  deemed necessary, provided that a party shall be given an opportunity to rebut
				  the evidence if it is to be used against the party's interest.
(4) Appropriate Hearing Behavior. All parties
				  shall conduct themselves in an appropriate manner. The hearing officer may
				  expel any individual, including a party, who fails to correct behavior the
				  hearing officer identifies as disruptive. After expulsion, the hearing officer
				  may proceed with the hearing and render a decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.144 - Postponements, Continuances, and Withdrawals

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearing officer may grant a
				  postponement of a sanction determination hearing for good cause at a party's
				  request.
(b) A continuance of a
				  hearing may be ordered at the discretion of the hearing officer to consider
				  additional, necessary evidence or for any other reason the hearing officer
				  deems appropriate.
(c) A Board or
				  Agency grantee may withdraw an appeal at any time prior to the issuance of the
				  final decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.145 - Evidence

Current through Reg. 49, No. 28; July 12, 2024
(a) Evidence Generally. Evidence, including
				  hearsay evidence, shall be admitted if it is relevant and if in the judgment of
				  the hearing officer it is the kind of evidence on which reasonably prudent
				  persons are accustomed to rely in the conduct of their affairs. However, the
				  hearing officer may exclude evidence if its probative value is outweighed by
				  the danger of unfair prejudice, by confusion of the issues, or by reasonable
				  concern for undue delay, waste of time, or needless presentation of cumulative
				  evidence.
(b) Exchange of Exhibits.
				  Any documentary evidence to be presented during a telephonic hearing shall be
				  exchanged with all parties and a copy shall be provided to the hearing officer
				  in advance of the hearing. Any documentary evidence to be presented at an
				  in-person hearing shall be exchanged at the hearing.
(c) Stipulations. The parties, with the
				  consent of the hearing officer, may agree in writing to relevant facts. The
				  hearing officer may decide the appeal based on such stipulations or, at the
				  hearing officer's discretion, may set the appeal for hearing and take such
				  further evidence as the hearing officer deems necessary.
(d) Experts and Evaluations. If relevant and
				  useful, testimony from an independent expert or a professional evaluation from
				  a source satisfactory to the parties and the Agency may be ordered by hearing
				  officers, on their own motion, or at a party's request. Any such expert or
				  evaluation shall be at the expense of one or more of the parties.
(e) Subpoenas.
(1) The hearing officer may issue subpoenas
				  to compel the attendance of witnesses and the production of records. A subpoena
				  may be issued either at the request of a party or on the hearing officer's own
				  motion.
(2) A 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.
(3) 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.
(4) A denial of a subpoena request shall be
				  made in writing or on the record, stating the reasons for such
				  denial.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.146 - Hearing Officer Independence and Impartiality

Current through Reg. 49, No. 28; July 12, 2024
(a) A hearing officer presiding over a
				  hearing shall have all powers necessary and appropriate to conduct a full,
				  fair, and impartial hearing. Hearing officers shall remain independent and
				  impartial in all matters regarding the handling of any issues during the
				  pendency of a case and in issuing their written proposals for
				  decision.
(b) A hearing officer
				  shall be disqualified if the hearing officer has a personal interest in the
				  outcome of the appeal or if the hearing officer directly or indirectly
				  participated in the determination on appeal. Any party may present facts to the
				  Agency in support of a request to disqualify a hearing officer.
(c) The hearing officer may withdraw from a
				  hearing to avoid the appearance of impropriety or partiality.
(d) Following any disqualification or
				  withdrawal of a hearing officer, the Agency shall assign an alternate hearing
				  officer to the case. The alternate hearing officer shall not be bound by any
				  findings or conclusions made by the disqualified or withdrawn hearing
				  officer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.147 - Ex Parte Communications

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  hearing officer shall not participate in ex parte communications, directly or
				  indirectly, in any matter in connection with any substantive issue, with any
				  interested person or party. Likewise, no person shall attempt to engage in ex
				  parte communications with the hearing officer on behalf of any interested
				  person or party.
(b) If the hearing
				  officer receives any such ex parte communication, the other parties shall be
				  given an opportunity to review any such ex parte communication.
(c) Nothing shall prevent the hearing officer
				  from communicating with parties or their representatives about routine matters
				  such as requests for continuances or opportunities to inspect the
				  file.
(d) The hearing officer may
				  initiate communications with an impartial Agency employee who has not
				  participated in a hearing or any determination in the case for the limited
				  purpose of using the special skills or knowledge of the Agency and its staff in
				  evaluating the evidence.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.148 - Hearing Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the
				  conclusion of the hearing, the hearing officer shall promptly prepare a written
				  proposal for decision.
(b) The
				  proposal for decision shall be based exclusively on the evidence of record in
				  the hearing and on matters officially noticed in the hearing. The decision
				  shall include:
(1) a list of the individuals
				  who appeared at the hearing;
(2)
				  the findings of fact and conclusions of law reached on the issues;
				  and
(3) the affirmation, reversal,
				  or modification of the sanctions.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.149 - Motion for Reopening

Current through Reg. 49, No. 28; July 12, 2024
(a) If a party
				  does not appear for a hearing, the party may request a reopening of the hearing
				  within 30 calendar days from the date the decision is mailed.
(b) The motion for reopening shall be in
				  writing and detail the reason for failing to appear at the hearing.
(c) The hearing officer may schedule a
				  hearing on whether to grant the reopening.
(d) The motion may be granted if the hearing
				  officer determines that the party has shown good cause for failing to appear at
				  the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.150 - Motion for Rehearing

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board or
				  Agency grantee may file a motion for rehearing for the presentation of new
				  evidence within 30 days from the date the decision is mailed. A rehearing shall
				  be granted only for the presentation of new evidence.
(b) A motion for rehearing shall be in
				  writing and allege the new evidence to be considered.
(c) If the hearing officer determines that
				  the alleged new evidence warrants a rehearing, a rehearing shall be scheduled
				  at a reasonable time and place.
(d)
				  The hearing officer shall issue a written proposal for decision in response to
				  a timely filed motion for rehearing. The proposal for decision shall be
				  submitted to the Agency's executive director for issuance of a final
				  decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.151 - Finality of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The decision
				  of the executive director is the final administrative decision of the Agency
				  after the expiration of 30 calendar days from the mailing date of the decision,
				  unless within that time:
(1) a request for
				  reopening is filed with the Agency;
(2) a request for rehearing is filed with the
				  Agency; or
(3) the Agency assumes
				  continuing jurisdiction to modify or correct the decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter H - REMEDIES › Section 802.152 - Repayment

Current through Reg. 49, No. 28; July 12, 2024
(a) The Board and chief elected officials
				  shall be jointly and severally liable for repayment to the Agency from
				  nonfederal funds for expenditures in the workforce area that are found by the
				  Agency not to have been expended in accordance §
										802.102
				  of this chapter.
(b) An Agency
				  grantee shall be liable for repayment to the Agency from nonfederal funds for
				  expenditures that are found by the Agency not to have been expended in
				  accordance with §
										802.102
				  of this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.161 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the workforce awards is to allow the
					 Agency's three-member Commission (Commission) to establish monetary and
					 nonmonetary awards to encourage innovation and to recognize and reward Local
					 Workforce Development Boards (Boards), Adult Education and Literacy (AEL) grant
					 recipients, and other Texas workforce system partners for exceptional
					 performance in carrying out the workforce system's obligation to help Texas
					 employers, employees, job seekers, and students succeed economically.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.162 - 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 context clearly indicates
					 otherwise.
(1) Allocation of
				  Funds--The total yearly funds initially identified for allocation to a local
				  development workforce area (workforce area) for all programs. This does not
				  include consideration of adjustments in funding that the Commission made to
				  specific programs for the purposes of reallocating or redistributing those
				  funds. This may include new allocations or distributions that result from
				  changes in law or new funding made available to the workforce areas during the
				  year.
(2) Classification--A
				  grouping of Boards, AEL grant recipients, or other workforce system partners
				  with one or more common characteristics (for example , size) for the purpose of
				  evaluating performance and issuing incentive, quality-improvement, or other
				  awards, as determined by the Commission.
(3) Extraordinary Circumstances--Conditions
				  that may have an impact on the determination of which Boards, AEL grant
				  recipients, or other workforce system partners may receive, or be excluded from
				  receiving, workforce awards, which may include, but are not limited to, matters
				  such as serious unforeseen events, unresolved audit or monitoring findings,
				  sanctions, unanticipated changes in economic conditions, disasters ,
				  legislative changes, or other occurrences directly impacting the Commission,
				  Boards, AEL grant recipients, or the Texas workforce system.
(4) Workforce Awards--Awards presented by the
				  Commission to workforce system partners within the parameters of this
				  subchapter to support activities allowable under programmatic funding
				  sources.
(5) Workforce System
				  Partner--For the purposes of workforce awards, any entity that provides
				  workforce services to workforce system customers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.163 - Types of Workforce Awards

Current through Reg. 49, No. 28; July 12, 2024
The Commission shall determine:
(1) awards to be issued, including award
				  categories and names;
(2) monetary
				  amounts, if any, for each award in accordance with the funding source's
				  allowability for such purposes;
(3) the number of awards to be presented for
				  each category;
(4) the basis for
				  award criteria, such as performance data, an application, a nomination, any
				  combination thereof, or any other criteria;
(5) the classification, if any, of workforce
				  system award recipients for comparison purposes;
(6) the method by which each award will be
				  evaluated; and
(7) other criteria
				  as determined by the Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.165 - Workforce Award Recipient Classification

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission may group workforce system
				  partners, including, but not limited to, Boards and AEL grant recipients, in
				  classifications for comparison purposes such to determine workforce award
				  recipients .
(b) In classifying
				  potential workforce award recipients, the Commission may group potential award
				  recipients based on similarities or differences among the potential award
				  recipients relating to:
(1) allocations of
				  funds;
(2) prior
				  performance;
(3) demographic,
				  economic, or other characteristics of the individual workforce areas or
				  service-delivery areas;
(4) size;
				  or
(5) other characteristics as
				  determined by the Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.166 - Notification

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall notify Boards, AEL grant
				  recipients, and other workforce system partners, as applicable, of the current
				  year's awards classifications, criteria, deadlines, and methods by which awards
				  information may be submitted to the Agency for consideration.
(b) The notice required under this section
				  shall be provided by the end of the calendar year preceding the presentation of
				  awards.
(c) The Commission may
				  add, modify, or remove an award or award type after the notification deadline
				  when necessary due to extraordinary circumstances. Where the Commission takes
				  such action, the Agency shall promptly notify Boards, AEL grant recipients, and
				  other workforce system partners, as applicable, of the action taken and any
				  changes to the previously noticed awards.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter I - WORKFORCE AWARDS › Section 802.167 - Extraordinary Circumstances

Current through Reg. 49, No. 28; July 12, 2024
Under extraordinary circumstances, as defined in this
					 subchapter, the Commission may modify eligibility for and assignment of awards
					 as necessary based on factors that the Commission identifies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter J - LOCAL WORKFORCE DEVELOPMENT AREA APPEALS › Section 802.170 - Appeal of Denial of Local Workforce Development Area Certification

Current through Reg. 49, No. 28; July 12, 2024
All appeals of denial of local workforce development area
					 certifications shall be referred to the Texas Workforce Investment Council as
					 described in the Agency's WIOA Combined State Plan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter A - GENERAL PROVISIONS REGARDING THE SKILLS DEVELOPMENT FUND › Section 803.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose. The
				  purpose of the Skills Development Fund is to develop customized training
				  projects for businesses and trade unions and to support employers expanding or
				  relocating to Texas by enhancing the ability of public community and technical
				  colleges, Local Workforce Development Boards (Boards), and the Texas A&M
				  Engineering Extension Service (TEEX) to respond to industry and workforce
				  training needs and to develop incentives for Boards, public community and
				  technical colleges, TEEX, or community-based organizations to provide
				  customized assessment and training in a timely and efficient manner.
(b) Goal. The goal of the Skills Development
				  Fund is to increase the skills level and wages of the Texas
				  workforce.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter A - GENERAL PROVISIONS REGARDING THE SKILLS DEVELOPMENT FUND › Section 803.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in §
										800.2 of
					 this title, the following words and terms, when used in this chapter, shall
					 have the following meanings unless the context clearly indicates
					 otherwise.
(1) Customized training
				  project--A project that:
(A) provides
				  workforce training, with the intent of either adding to the workforce or
				  preventing a reduction in the workforce, and is specifically designed to meet
				  the needs and special requirements of:
(i)
				  employers and employees or prospective employees of the private business or
				  business consortium; or
(ii)
				  members of the trade union; and
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter A - GENERAL PROVISIONS REGARDING THE SKILLS DEVELOPMENT FUND › Section 803.3 - Uses of the Fund

Current through Reg. 49, No. 28; July 12, 2024
(a) The Skills
				  Development Fund may be used by a grant recipient as start-up or emergency
				  funds for the following purposes:
(1) to
				  develop customized training projects for businesses and trade unions;
				  and
(2) to sponsor small and
				  medium-sized business networks and consortiums for the purpose of developing
				  customized training.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter A - GENERAL PROVISIONS REGARDING THE SKILLS DEVELOPMENT FUND › Section 803.4 - Use of Funds to Encourage Employer Expansion and Recruitment

Current through Reg. 49, No. 28; July 12, 2024
(a) Pursuant to Texas Labor Code §
										303.0031, the Skills
				  Development Fund may be used to provide an intensive and rapid response to, and
				  support services for, employers expanding in or relocating their operations to
				  Texas, with a focus on recruiting employers that will provide complex or
				  high-skilled employment opportunities in the state.
(b) Grant funds under this section may be
				  used to:
(1) provide leadership and direction
				  to, and connections among, out-of-state employers, economic development
				  organizations, Boards, public community and technical colleges to support
				  employers' recruitment and hiring for complex or high-skilled employment
				  positions as necessary to facilitate the employers' relocation to or expansion
				  of operations in Texas; and
(2)
				  award grants to public community or technical colleges that provide workforce
				  training and related support services to employers that commit to establishing
				  a place of business in Texas.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter B - PROGRAM ADMINISTRATION › Section 803.11 - Grant Administration

Current through Reg. 49, No. 28; July 12, 2024
Grant recipients must enter into an agreement with the
					 Agency to comply with contract requirements that include, but are not limited
					 to:
(1) submitting all required
				  reports, including financial and performance reports, in the format and time
				  frame required by the Agency;
(2)
				  maintaining fiscal data needed for independent verification of expenditures of
				  funds received for the customized training project;
(3) cooperating and complying with Agency
				  monitoring activities as required by Chapter 802, Subchapter D, of this title
				  (relating to Agency Monitoring Activities); and
(4) submitting contract completion reports:
(A) The final payment is contingent upon the
				  executive director's, or designee's, determination that a project has met the
				  training objectives, outcomes, and requirements (an attrition rate of up to 15%
				  of the total number of trainees in the contract is allowed).
(B) The final payment of the contract will be
				  withheld for 60 days after the completion of training and after receipt by the
				  Agency of verification from the employer that the trainees are
				  employed.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter B - PROGRAM ADMINISTRATION › Section 803.12 - Limitations on Awards

Current through Reg. 49, No. 28; July 12, 2024
The Agency may impose any or all of the following
					 limitations on the amount of funds awarded under any specific grant:
(1) A limit of $500,000 for the training
				  project of a single employer;
(2) A
				  limit of 10% of the grant amount for the allowable purchase of any proprietary
				  or production equipment required for the training project;
(3) A limit of 10% for administrative costs
				  related to direct training for the training project of a single employer;
				  or
(4) A limit of 15% for
				  administrative costs related to direct training for the training project of
				  entities other than a single employer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter B - PROGRAM ADMINISTRATION › Section 803.13 - Program Objectives

Current through Reg. 49, No. 28; July 12, 2024
The program objectives in administering the Skills
					 Development Fund are:
(1) to ensure
				  that funds from the program are spent in all local workforce development areas
				  (workforce areas) of this state and expand the state's capacity to respond to
				  workforce training needs;
(2) to
				  promote collaboration and awareness of potential workforce activities in
				  workforce areas;
(3) to develop
				  projects that, at completion of the training, will result in wages equal to or
				  greater than the prevailing wage of individuals with similar knowledge and
				  experience in that occupation in the local labor market for the participants in
				  the customized training project;
(4) to prioritize the processing of grant
				  requests from workforce areas where the unemployment rate is higher than the
				  state's annual average unemployment rate;
(5) to sponsor creation and attraction of
				  high-value, high-skill jobs for the state that will facilitate the growth of
				  industry and emerging occupations; and
(6) to the greatest extent practicable, award
				  Skills Development Fund grants as follows:
(A)
				  Approximately 60 percent of the funds may be for job retention
				  training.
(B) The remaining funds
				  may be for training for job creation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter B - PROGRAM ADMINISTRATION › Section 803.14 - Procedure for Requesting Funding

Current through Reg. 49, No. 28; July 12, 2024
(a) An eligible
				  applicant shall present to the executive director or his or her designee an
				  application for funding, in order to acquire grant funds for the provision of
				  customized training as may be identified by the eligible applicant. Except as
				  provided in subsection (b) of this section, the eligible applicant will request
				  the review and comments of the Board in the applicable workforce area(s), where
				  there is a significant impact on job creation or incumbent worker training, and
				  submit these comments to the executive director or his or her designee with the
				  application for funding.
(b) An
				  eligible applicant is not required to obtain or provide the comments if the
				  Board informs the applicant that the Board is preparing an application or has
				  submitted an application that has not been approved or rejected. A Board is not
				  required to comment on its own applications.
(c) An eligible applicant shall submit any
				  updates to the original application for funding in accordance with subsections
				  (a) and (b) of this section.
(d)
				  TEEX, or the public community or technical college that is a partner to a
				  training proposal for a grant from the Skills Development Fund, may be
				  non-local.
(e) The training
				  proposal shall not duplicate a training project available in the workforce area
				  in which the private partner or trade union is located.
(f) Proposals shall disclose other grant
				  funds sought or awarded from the Agency or other state and federal entities for
				  the proposed job training project.
(g) Applicants shall indicate whether they
				  are submitting concurrent proposals for the Skills Development Fund and the
				  Texas Enterprise Fund. For the purposes of this subsection, "concurrent
				  proposal" shall mean:
(1) a proposal for the
				  Skills Development Fund that has been submitted and is pending at the time an
				  applicant submits a proposal for the Texas Enterprise Fund; or
(2) a proposal for the Texas Enterprise Fund
				  that has been submitted and is pending at the time an applicant submits a
				  proposal for the Skills Development Fund.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter B - PROGRAM ADMINISTRATION › Section 803.15 - Procedure for Proposal Evaluation

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The executive director, or designee, shall evaluate each proposal considering
				  the purposes listed in §
										803.3(a)
				  of this subchapter, the program objectives listed in §
										803.13 of this
				  subchapter, and procedures in §
										803.14
				  of this subchapter, along with the prevailing wage for occupations in the local
				  labor market area, the financial stability of the private partner, the regional
				  economic impact, and any other factors unique to the circumstances that the
				  Agency determines are appropriate.
(b) The Agency shall notify all eligible
				  grant applicants when the Agency is evaluating a proposal so as to promote
				  collaboration and awareness of potential workforce activities in the workforce
				  area.
(c) If the Agency determines
				  that a proposal is appropriate for funding through the Skills Development Fund,
				  the executive director or designee shall enter into a contract with the grant
				  recipient on behalf of the Agency.
(d) Skills Development Fund applicants on
				  corrective action pursuant to Chapter 802, Subchapter G, shall not be eligible
				  to receive a Skills Development Fund grant.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter C - PROGRAM ADMINISTRATION AFTER AWARD OF CONTRACT › Section 803.31 - Notice to Local Workforce Development Board

Current through Reg. 49, No. 28; July 12, 2024
The Agency shall inform the Board in the applicable
					 workforce area of final decisions made regarding Skills Development Fund grants
					 in the workforce area.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 803 - SKILLS DEVELOPMENT FUND › Subchapter C - PROGRAM ADMINISTRATION AFTER AWARD OF CONTRACT › Section 803.32 - Waivers

Current through Reg. 49, No. 28; July 12, 2024
The executive director, or designee, may suspend or waive a
					 section of this chapter, not statutorily imposed, in whole or in part upon a
					 showing of good cause and a finding that the public interest would be served by
					 such a suspension or waiver.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter A - DEFINITIONS › Section 804.1 - 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 context clearly indicates
					 otherwise.
(1) Act--Texas Education
				  Code, Chapter 134, Jobs and Education for Texans Grant Program.
(2) Advisory board--The advisory board of
				  education and workforce stakeholders created pursuant to the Act.
(3) Career and technical education--Organized
				  educational activities that offer a sequence of courses that:
(A) provides individuals with coherent and
				  rigorous content aligned with challenging academic standards and relevant
				  technical knowledge and skills needed to prepare for further education and
				  careers in high-demand occupations or emerging industries;
(B) includes competency-based applied
				  learning that contributes to the academic knowledge, problem-solving skills,
				  work attitudes, general employability skills, technical skills, and
				  occupation-specific skills, and knowledge of all aspects of an industry,
				  including entrepreneurship, of an individual; or
(C) provides a license, a certificate, or a
				  postsecondary degree.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter B - ADVISORY BOARD COMPOSITION, MEETING GUIDELINES › Section 804.11 - Advisory Board Purpose and Composition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The advisory board shall assist the Agency in administering JET.
(b) The advisory board is composed of six
				  members who serve two-year terms, and are appointed as follows:
(1) one member appointed by the governor;
(2) one member appointed by the
				  lieutenant governor;
(3) one
				  member appointed by the speaker of the house of representatives;
(4) one member appointed by the Coordinating
				  Board;
(5) one member appointed by
				  the Commission; and
(6) the
				  Commission chair, who serves as the presiding officer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter B - ADVISORY BOARD COMPOSITION, MEETING GUIDELINES › Section 804.12 - Meetings Required

Current through Reg. 49, No. 28; July 12, 2024
(a) The advisory
				  board is required to meet at least once each quarter, or as needed, to review
				  received applications and recommend awarding grants under this chapter to
				  public junior colleges, public technical institutes, public state colleges,
				  charter schools, and school districts .
(b) Meetings shall be subject to the
				  requirements of the Open Meetings Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter B - ADVISORY BOARD COMPOSITION, MEETING GUIDELINES › Section 804.13 - General Advisory Board Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
The advisory board shall provide advice and recommendations
					 to the Agency on:
(1) the manner in
				  which public junior colleges, public technical institutes, public state
				  colleges, charter schools, and school districts apply for JET grants;
				  and
(2) the JET grants to be
				  awarded by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter C - GRANT PROGRAM › Section 804.21 - General Statement of Purpose

Current through Reg. 49, No. 28; July 12, 2024
In accordance with the Act, the Agency established JET,
					 which shall be administered pursuant to the Act and this chapter to award
					 grants from the JET fund for the development of career and technical education
					 programs at public junior colleges, public technical institutes, public state
					 colleges, charter schools, and school districts that meet the requirements of
					 Texas Education Code, §
										134.006
					 and §
										134.007.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter C - GRANT PROGRAM › Section 804.22 - Notice of Grant Availability and Application

Current through Reg. 49, No. 28; July 12, 2024
(a) From time to time, the Agency may publish
				  a Notice of Availability (NOA) of grant funds under this chapter. The notice
				  shall be published in the
Texas Register
and on the Agency's
				  website . In addition to the respective purpose for each grant program under
				  this chapter, the notice may include:
(1) the
				  total grant funds available for award;
(2) the minimum and maximum amount of grant
				  funds available for each grant recipient;
(3) eligibility criteria;
(4) application requirements;
(5) grant award and evaluation
				  criteria;
(6) any grant
				  requirements in addition to those set forth in this chapter;
(7) the date by which the application must be
				  submitted to the Agency ;
(8) the
				  anticipated date of grant awards; and
(9) any other information or instructions
				  necessary and appropriate for awarding the grant as determined by the Agency
				  .
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter C - GRANT PROGRAM › Section 804.23 - Grant Award and Acceptance

Current through Reg. 49, No. 28; July 12, 2024
(a) To award a
				  grant, the Agency shall provide a grant contract to the grant recipient that
				  shall contain all the terms and conditions for the use of the grant
				  funds.
(b) To receive grant funds,
				  an applicant must execute and return the contract to the Agency .
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter C - GRANT PROGRAM › Section 804.24 - Reporting Requirements

Current through Reg. 49, No. 28; July 12, 2024
A public junior college, public technical institute, public
					 state college, charter school, or school district receiving a grant under this
					 chapter must comply with all reporting requirements of the contract in the
					 frequency and format determined by the Agency in order to maintain eligibility
					 for grant payments. Failure to comply with the reporting requirements may
					 result in termination of the grant award and the entity being ineligible for
					 future grants under this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter C - GRANT PROGRAM › Section 804.25 - Enforcement

Current through Reg. 49, No. 28; July 12, 2024
(a) Grant funds must be used in compliance
				  with the terms of the contract for the purposes designated in the contract or
				  will be subject to refund by the grantee, disqualification from receiving
				  further funds under this chapter, or any other available legal remedies. If
				  deemed appropriate, the grantee may also be referred to another department or
				  agency including, but not limited to, the State Auditor's Office and the
				  Agency's Office of Investigations.
(b) The Agency may audit the use of
				  funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 804 - JOBS AND EDUCATION FOR TEXANS (JET) GRANT PROGRAM › Subchapter D - GRANTS TO EDUCATIONAL INSTITUTIONS FOR CAREER AND TECHNICAL EDUCATION PROGRAMS › Section 804.41 - Grants for Career and Technical Education Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) This subchapter is applicable to JET
				  awards to public junior colleges, public technical institutes, public state
				  colleges, charter schools, and school districts for the development of career
				  and technical education programs that meet the requirements of Texas Education
				  Code, §
										134.006
				  and §
										134.007.
(b) A grant received under this subchapter
				  may be used only:
(1) to support courses or
				  programs that prepare students for career employment in occupations that are
				  identified by local businesses as being in high demand;
(2) to finance the initial costs of career
				  and technical education courses or program development, including the costs of
				  purchasing equipment, and other expenses associated with the development of an
				  appropriate course; and
(3) to
				  finance a career and technical education course or program that leads to a
				  license, certificate, or postsecondary degree.