reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.25 - Fringe Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes
				  of §61.001(7)(B) of the Act, vacation pay and sick leave pay are payable
				  to an employee upon separation from employment only if a written agreement with
				  the employer or a written policy of the employer specifically provides for
				  payment.
(b) For purposes of
				  §61.001(7)(B) of the Act, severance pay is payment by an employer to an
				  employee beyond the employee's wages on termination of employment, based on the
				  employee's prior service. Severance pay does not include payments for
				  liquidated damages, payments in exchange for a release of claims, or payments
				  made because of a lack of notice of separation.
(c) For purposes of §61.001(7)(B) of the
				  Act, the sale of an employer's business is a termination of employment with all
				  of the employer's employees. At the time of termination, the employer becomes
				  liable for the payment of vacation pay, holiday pay, sick leave pay, parental
				  leave pay, or severance pay if owed pursuant to a written agreement or written
				  policy between the employer and its employees.
(d) For purposes of §61.001(7)(B) of the
				  Act, expense reimbursements paid to employees are not wages. Expense
				  reimbursements are payments to the employee for costs expended by the employee
				  directly related to the employer's business.
(e) Absent the inclusion of definitions of
				  terms in a written agreement with the employer or under a written policy of the
				  employer, a term will be given its ordinary meaning unless a party establishes
				  that it is defined in another way.
(f) For purposes of §61.001(7)(B) of the
				  Act, accrued leave time of an employee shall carry over to subsequent years
				  only if a written agreement with the employer or a written policy of the
				  employer specifically provides for it.
(g) For purposes of §61.001(7)(B) of the
				  Act, paid time off (PTO) or paid days off (PDO) are wages unless the employer's
				  written policy defines PTO or PDO as something other than a combination of
				  vacation pay, holiday pay, sick leave pay, parental leave pay, or severance
				  pay. PTO or PDO is payable to an employee upon separation from employment only
				  if a written agreement with the employer or a written policy of the employer
				  specifically provides for payment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.26 - Commissions or Bonuses

Current through Reg. 49, No. 28; July 12, 2024
(a) For purposes
				  of §61.015 of the Act:
(1) Commissions
				  or bonuses are earned when the employee has met all the required conditions set
				  forth in the applicable agreement with the employer. To change an agreement,
				  there must be prior notice as to the nature and effective date of the changes.
				  Changes to written agreements shall be in writing.
(2) Commissions or bonuses are due to be
				  paid, in a timely manner, according to the terms specified in an agreement
				  between an employer and an employee. The terms should specify the time
				  intervals or circumstances (or combinations thereof) that would cause
				  commissions or bonuses to become payable, such as, but not limited to, weekly,
				  monthly, quarterly, when sales transactions are recorded, upon buyer's
				  remittance, etc.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.27 - Loans

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer must comply with §61.018
				  of the Act and this chapter to recoup a loan the employer made to an employee,
				  unless the loan is an advance under §821.29.
(b) In recouping a loan made to an employee,
				  an employer may count the loan repayment toward any applicable minimum or
				  overtime wages the employer is obligated to pay to the employee.
(c) In recouping a loan made to an employee
				  from any of the employee's paychecks, including the employee's final paycheck,
				  the employer may not withhold or divert more than the agreed amount. The agreed
				  amount is the amount:
(1) identified as the
				  amount to be withheld from any one paycheck in the written loan agreement
				  between the employer and employee; or
(2) otherwise authorized in writing by the
				  employee for repayment of the loan.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.28 - Deductions

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission provides the following
				  guidance in determining whether an employer is entitled to withhold or divert
				  wages under court order, by law or with written authorization under
				  §61.018 of the Act:
(1) A court is
				  presumed to be a court of competent jurisdiction with respect to issuing court
				  orders. The burden shall be on the party opposing a court order to challenge
				  the court's authority by appealing to the issuing court or court of appropriate
				  review as the Commission will presume full faith and credit applies to court
				  orders.
(2) State or federal law
				  includes statutes and codes enacted by Congress or the Texas Legislature, rules
				  promulgated by a Texas or federal agency, and regulations promulgated by a
				  Texas or federal agency.
(3) A
				  lawful purpose is one that is authorized, sanctioned, or not forbidden, by
				  law.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter B - PAYMENT OF WAGES › Section 821.29 - Wage Advances

Current through Reg. 49, No. 28; July 12, 2024
(a) A wage advance
				  occurs when an employer advances to an employee a monetary sum that represents
				  wages not yet earned, or wages that have been earned but are not yet due for
				  payment.
(b) An employer may recoup
				  the wage advance from the employee's next regularly scheduled paycheck directly
				  following the advance if:
(1) the employer
				  provides the employee with notice that the amount is an advance that will be
				  recovered from the next paycheck; and
(2) the employee agrees to the amount to be
				  recouped.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.41 - Validity of Claim/Filing and Investigative Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) A wage claim may be filed in person at an
				  office of the Commission, by mailing the claim to an address designated by the
				  Commission, by faxing the claim to a fax number designated by the Commission,
				  or by electronic submission by way of web-based submission points identified
				  through the Commission's Internet pages related to filing a wage
				  claim.
(b) A wage claim must be
				  filled out completely, legibly, and sufficiently to identify and allow the
				  Commission to attempt contact with the employer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.42 - Timeliness

Current through Reg. 49, No. 28; July 12, 2024
(a) The Commission shall determine the filing
				  date of a wage claim as the date delivered in person to the Commission, the
				  date faxed to and received by the Commission at a fax number designated by the
				  Commission, the date received by the Commission through electronic submission,
				  or the date of a mailed wage claim based on the following:
(1) The postmark date of a wage claim
				  properly addressed shall establish by a rebuttable presumption, the date upon
				  which the wage claim was filed unless the party opposing this presumption
				  presents evidence to establish some other filing date.
(2) Absent a postmark or evidence
				  establishing some other filing date, the date of receipt by the Commission
				  shall control.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.43 - Wage Claim Withdrawal

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Commission shall allow a claimant to withdraw a wage claim at any time before
				  the date when the Commission's written decision becomes final.
(b) A claimant withdrawing a wage claim shall
				  submit a form as prescribed by the Commission.
(c) The Commission shall apply the withdrawal
				  of a wage claim to both administrative penalties and wages.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.44 - Bad Faith

Current through Reg. 49, No. 28; July 12, 2024
(a) An employer acts in
				  bad faith in not paying wages as required by the Act when that employer acts:
(1) with the knowledge that the failure to
				  pay wages is in violation of the Act or this chapter; or
(2) in reckless disregard for the
				  requirements of the Act or this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.46 - Void Determination Orders and Decisions

Current through Reg. 49, No. 28; July 12, 2024
A preliminary wage determination order and a decision shall
					 be void from its inception when it orders a nonexistent entity to pay wages or
					 orders a nonliable entity to pay wages.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.47 - Amendment of Wage Claims

Current through Reg. 49, No. 28; July 12, 2024
(a) At the
				  discretion of the Commission, a wage claim may be amended for expediency or to
				  prevent injustice.
(b) Wage claim
				  amendments are subject to the rules and hearing procedures set forth in Chapter
				  815 (relating to Unemployment Insurance) of this title, except to the extent
				  that such sections are clearly inapplicable or contrary to provisions set out
				  under this chapter or under the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.48 - Corrected Preliminary Wage Determination Order

Current through Reg. 49, No. 28; July 12, 2024
(a) If an examiner
				  discovers an error in connection with a preliminary wage determination order or
				  discovers additional information not previously available, the examiner, within
				  the period specified in §61.054 of the Act may reconsider and reissue the
				  preliminary wage determination order, unless a party has already filed an
				  appeal.
(b) An examiner's reissued
				  preliminary wage determination order voids and replaces the order requiring
				  correction. A reissued preliminary wage determination order becomes final
				  unless a party files an appeal from the reissued preliminary wage determination
				  order within the period specified in §61.054 of the Act. The period to
				  request an appeal shall begin on the date the examiner mails the reissued
				  preliminary wage determination order.
(c) Notwithstanding subsection (a) of this
				  section, if an examiner mails a preliminary wage determination order to a
				  party's incorrect address solely because of the examiner's own error, the
				  examiner may reissue a preliminary wage determination order to the party's
				  correct address at any time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter C - WAGE CLAIMS › Section 821.49 - Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) If either party
				  files an appeal to a preliminary wage determination order, the Commission shall
				  consider all issues, including the amount of wages in controversy.
(b) The Commission shall hear all timely
				  requests for reopening and grant such requests if it appears the petitioner has
				  shown good cause for the petitioner's failure to appear at the prior
				  hearing.
(c) Hearings conducted
				  under the Act are subject to the rules and hearing procedures set out in
				  Chapter 815 of this title (relating to Unemployment Insurance), except to the
				  extent that such sections are clearly inapplicable or contrary to provisions
				  set out under this chapter or under the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter D - COLLECTION ACTION › Section 821.61 - Proof of Payment

Current through Reg. 49, No. 28; July 12, 2024
(a) When the
				  employer submits proof of payment, the Commission shall afford the claimant the
				  opportunity to contest the information submitted.
(b) A claimant who submits proof of payment
				  shall do so in writing by a signature verifiable by the Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter D - COLLECTION ACTION › Section 821.62 - Collection Pending Judicial Review

Current through Reg. 49, No. 28; July 12, 2024
The Commission may initiate or continue collection on a
					 final order unless a party complies with the payment provision of §61.063
					 of the Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter D - COLLECTION ACTION › Section 821.63 - Assignment of Lien to Claimant

Current through Reg. 49, No. 28; July 12, 2024
(a) Upon
				  written request by the claimant, the Commission shall execute an assignment of
				  lien to the claimant. The claimant shall bear responsibility for recording the
				  assignment of lien.
(b) Any partial
				  assignment shall leave in full force and effect the lien regarding the
				  remaining claimants.
(c) The
				  Commission's assignment of lien is final and irrevocable.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 821 - TEXAS PAYDAY RULES › Subchapter E - BONDS › Section 821.81 - Bonding

Current through Reg. 49, No. 28; July 12, 2024
(a) When authorized by §61.031 of the
				  Act, the Commission may require a bond of an employer if the Commission
				  reasonably believes the employer would otherwise fail to comply with the
				  Act.
(b) The Commission shall
				  consider the following factors in determining the amount of the bond:
(1) the seriousness of the violation,
				  including nature, circumstances, extent and gravity of any prohibited
				  acts;
(2) the history of previous
				  violations;
(3) the amount
				  necessary to deter future violations;
(4) efforts to pay past due wages and
				  penalties;
(5) the total amount of
				  wages not paid in accordance with the Act; and
(6) any other matter that justice may
				  require.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter A - GENERAL PROVISIONS › Section 823.1 - Short Title and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) This
				  chapter provides an appeals process to the extent authorized by federal and
				  state law and by rules administered by the Texas Workforce Commission
				  (Agency).
(b) This section applies
				  only to complaints or determinations regarding federal- or state-funded
				  workforce services administered by the Agency or Local Workforce Development
				  Boards (Boards), as follows:
(1) Child
				  care;
(2) Temporary Assistance for
				  Needy Families (TANF)Choices;
(3)
				  Supplemental Nutrition Assistance Program (SNAP) Employment and Training
				  (E&T);
(4) Workforce Innovation
				  and Opportunity Act (WIOA) adult, dislocated worker, and youth programs;
				  and
(5) Eligible Training Providers
				  (ETPs) receiving WIOA funds or other funds for training services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter A - GENERAL PROVISIONS › Section 823.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Adverse action--Any
				  denial or reduction in benefits or services to a party or displacement of an
				  individual from current employment by a Workforce Solutions Office
				  customer.
(2) Agency decision--The
				  written finding issued by an Agency hearing officer following a hearing before
				  that hearing officer.
(3) Appeal--A
				  written request for a review filed with the Board or the Agency by an
				  individual in response to a determination or decision.
(4) Board adjudicator--An impartial
				  individual designated by the Board to participate in informal dispute
				  resolutions and to review and issue Board decisions.
(5) Board decision--The written finding
				  issued by a Board adjudicator following a hearing before that adjudicator in
				  response to an appeal or complaint.
(6) Complaint--A written statement alleging a
				  violation of any law, regulation, or rule relating to any federal- or
				  state-funded workforce service covered by this chapter.
(7) Determination--A written order issued to
				  a Workforce Solutions Office customer by a Board, its designee, or the Agency
				  relating to an adverse action, or to a provider or contractor relating to
				  denial or termination of eligibility under programs administered by the Agency
				  or a Board listed in §
										823.1(b)
				  of this subchapter (relating to Short Title and Purpose).
(8) Hearing officer--An impartial individual
				  designated by the Agency to conduct hearings and issue Agency
				  decisions.
(9) Informal
				  resolution--Any procedure that results in an agreed final settlement between
				  all parties to a complaint.
(10)
				  Party--An individual who files a complaint or who appeals a determination or
				  the entity against which the complaint is filed or that issued the
				  determination.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter A - GENERAL PROVISIONS › Section 823.3 - Timeliness

Current through Reg. 49, No. 28; July 12, 2024
(a) A properly addressed determination or
				  decision is final for all purposes unless the party to whom it is mailed files
				  an appeal no later than 14 calendar days after the mailing date.
(b) Each party to a complaint, adjudication,
				  or appeal shall promptly notify, in writing, the Board, Board's designee, or
				  the Agency with which the complaint or appeal was filed of any change of
				  mailing address. Determinations and decisions shall be mailed to the new
				  address.
(1) A copy of the determination or
				  decision must be mailed to a properly designated party representative in order
				  for it to become final.
(2) The
				  Board or Agency is responsible for making an address change only if the Board
				  or Agency is specifically directed by the party to mail subsequent
				  correspondence to the new address.
(3) If the Board, Board's designee, or Agency
				  addresses a document incorrectly, but the party receives the document, the time
				  frame for filing an appeal shall begin as of the actual date of receipt by the
				  party, whether or not the party receives the document within the appeal time
				  frame set forth in subsection (a) of this section. However, this does not apply
				  if the party fails to provide a current address or provides an incorrect
				  address.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter A - GENERAL PROVISIONS › Section 823.4 - Representation

Current through Reg. 49, No. 28; July 12, 2024
A party may authorize a representative to assist with
					 participating in an informal resolution or in presenting a complaint or an
					 appeal on behalf of the party under this chapter. The Agency or Board may
					 require the authorization to be in writing. On behalf of the party, the
					 representative may exercise any of the party's rights under this
					 chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter B - BOARD COMPLAINT AND APPEAL PROCEDURES › Section 823.10 - Board-Level Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Individuals
				  who may file a complaint include:
(1)
				  Workforce Solutions Office customers;
(2) other interested individuals affected by
				  the One-Stop Service Delivery System, including subrecipients and eligible
				  training providers; and
(3)
				  previously employed individuals who believe they were displaced by a Workforce
				  Solutions Office customer participating in work-based services such as
				  subsidized employment, work experience, or workfare.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter B - BOARD COMPLAINT AND APPEAL PROCEDURES › Section 823.11 - Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) A determination affecting the type and
				  level of services or benefits to be provided by a Board or its designee shall
				  be promptly provided to any individual directly affected.
(b) The determination shall include the
				  following:
(1) a brief statement of the
				  adverse action;
(2) the mailing
				  date of the determination;
(3) an
				  explanation of the individual's right to an appeal;
(4) the procedures for requesting informal
				  resolution with the Board and for filing an appeal to the Board, including
				  applicable time frames as required in §
											823.3
				  of this chapter (Timeliness);
(5)
				  the right to have a representative, including legal counsel; and
(6) the address and fax number to which a
				  request for informal resolution or appeal may be sent.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter B - BOARD COMPLAINT AND APPEAL PROCEDURES › Section 823.12 - Board Informal Resolution Procedure

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Board shall provide an opportunity
				  for informal resolution of a complaint or appeal.
(b) Informal resolution may include, but is
				  not limited to:
(1) informal meetings with
				  case managers or their supervisors;
(2) second reviews of the case
				  file;
(3) telephone calls or
				  conference calls to the affected parties;
(4) in-person interviews with all affected
				  parties; or
(5) written
				  explanations or summaries of the laws or regulations involved in the
				  complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter B - BOARD COMPLAINT AND APPEAL PROCEDURES › Section 823.13 - Board Reviews

Current through Reg. 49, No. 28; July 12, 2024
(a) If the informal
				  resolution procedure results in a final agreement between the parties, no
				  hearing shall be held.
(b) If no
				  informal resolution is reached, Boards shall provide an opportunity for a
				  formal review to resolve an appeal or complaint.
(c) Either a final agreement resulting from
				  an informal resolution or a hearing and Board decision shall be completed
				  within 60 calendar days of the original filing of the appeal or
				  complaint.
(d) Boards shall provide
				  a process that allows an individual alleging a labor standards violation to
				  submit a complaint to a binding arbitration procedure if a collective
				  bargaining agreement covering the parties to the complaint so
				  provides.
(e) Within 60 calendar
				  days of the filing of the appeal or complaint, the Board shall send the parties
				  a decision setting forth the results of the hearing. The decision shall be
				  issued by a Board adjudicator, include findings of fact and conclusions of law,
				  and provide information about appeal rights to the parties.
(f) If no Board decision is mailed within the
				  60 calendar-day time frame described in subsection (e) of this section, or if
				  any party disagrees with a timely Board decision, a party may file an appeal
				  with the Agency.
(g) An appeal to
				  the Agency shall be filed in writing by mail, fax, or hand delivery with the
				  TWC Commission Appeals Department at its state office, 101 E. 15th Street, CA
				  Hearings Unit, Room 678, Austin, Texas, 78778, or faxed to the number provided
				  in the determination or decision within 14 calendar days after the mailing date
				  of the Board's decision. If the Board does not issue a decision within 60
				  calendar days of the date of the filing of the original appeal or complaint, an
				  appeal to the Agency must be filed no later than 90 calendar days after the
				  filing date of the original appeal or complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter B - BOARD COMPLAINT AND APPEAL PROCEDURES › Section 823.14 - Board Policies for Resolving Complaints and Appeals of Determinations

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Board shall establish written
				  policies to handle complaints and appeals of determinations, provide the
				  opportunity for informal resolution, and conduct reviews in compliance with
				  this subchapter for individuals, eligible training providers, and other
				  individuals affected by the One-Stop Service Delivery System, including
				  subrecipients.
(b) A Board shall
				  maintain written copies of these policies and make them available to the
				  Agency, Workforce Solutions Office customers, and other interested individuals
				  upon request. A Board shall require that its subrecipients provide these
				  policies to Workforce Solutions Office customers and other interested
				  individuals upon request.
(c) At a
				  minimum, a Board shall :
(1) develop and
				  approve policies to ensure that determinations are provided as specified in
				  §
											823.11
				  of this subchapter (relating to Determinations);
(2) develop and approve policies to ensure
				  that information about complaint procedures is available as described in §
											823.10(d)
				  of this subchapter (Board-Level Complaints);
(3) notify individuals that complaints must
				  be submitted in writing and set forth the facts on which the complaint is
				  based, and notify them of the time limit in which to file a
				  complaint;
(4) maintain a complaint
				  log and all complaint-related materials in a secure file for a period of three
				  years after final resolution;
(5)
				  designate an individual to be responsible for investigating, documenting,
				  monitoring, and following up on complaints;
(6) inform individuals of the:
(A) right to file a complaint;
(B) right to appeal a
				  determination;
(C) opportunity for
				  informal resolution and a Board review;
(D) time frame in which to either reach
				  informal resolution or to issue a Board decision; and
(E) right to file an appeal to the Agency,
				  including providing information on where to file the appeal;
(7) designate adjudicators to
				  conduct Board hearings, document actions taken, and render decisions;
				  and
(8) ensure that complaints
				  remanded from the Agency to the Board for resolution are handled in a timely
				  fashion and follow established Board policies and time frames.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.20 - State-Level Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A Workforce
				  Solutions Office customer or other interested individual affected by the
				  statewide One-Stop Service Delivery System, including service providers that
				  allege a noncriminal violation of the requirements of any federal- or
				  state-funded workforce services, may file a complaint with the
				  Agency.
(b) Complaints shall be in
				  writing and filed within 180 calendar days of the alleged violation. The
				  complaint shall include the party's name, current mailing address, and a brief
				  statement of the alleged violation identifying the facts on which the complaint
				  is based.
(c) The complaint shall
				  be filed with the TWC Commission Appeals Department at its state office, 101 E.
				  15th Street, CA Hearings Unit, Room 678, Austin, Texas, 78778.
(d) The Agency shall provide an opportunity
				  for informal resolution.
(e) If the
				  informal resolution procedure results in a final agreement between the parties,
				  no hearing shall be held.
(f) If no
				  final informal resolution is reached, the complaint shall be promptly set for a
				  hearing and a decision shall be issued in accordance with the procedures for
				  appeals under this subchapter.
(g)
				  Complaints filed directly with the Agency may be remanded to the appropriate
				  Board to be processed in accordance with the Board's hearing
				  policies.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.21 - Hearings

Current through Reg. 49, No. 28; July 12, 2024
(a) A WIOA-funded training provider or other
				  provider certified by the Agency and later found to be ineligible to receive
				  funding as a training provider may file an appeal directly with the
				  Agency.
(b) Upon receipt of an
				  appeal from a Board decision, an appeal pursuant to subsection (a) of this
				  section, or if no informal resolution of a complaint is successfully reached
				  pursuant to §
										823.20 of
				  this subchapter (relating to State-Level Complaints), the Agency shall promptly
				  assign a hearing officer and mail a notice of hearing to the parties and/or
				  their designated representatives. The hearing shall be set and held promptly
				  and in no case later than as provided by applicable statute or rule.
(c) The notice of hearing shall be in writing
				  and include a:
(1) statement of the date,
				  time, place, and nature of the hearing;
(2) statement of the legal authority under
				  which the hearing is to be held; and
(3) 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 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.22 - Postponement and Continuance

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  hearing officer shall use his or her best judgment to determine when to grant a
				  continuance of postponement of a hearing in order to secure all the evidence
				  that is necessary and to be fair to the parties.
(b) Before the hearing, requests for a
				  continuance or a postponement of a hearing may be made informally, either
				  orally or in writing, to the hearing officer.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.23 - 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.
				  To be considered as evidence in a decision, any document or physical evidence
				  must be entered as an exhibit at the hearing. 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 on the basis of 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. The cost of any such expert or evaluation ordered by the hearing
				  officer shall be borne equally by 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 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.24 - Hearing Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) General
				  Procedure. All hearings shall be conducted de novo. The hearing shall be
				  conducted informally and in such manner as to ascertain the substantive rights
				  of the parties. The hearing officer shall develop the evidence. All issues
				  relevant to the appeal shall be considered and addressed.
(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. A party has the
				  right to object to evidence offered at the hearing by the hearing officer or
				  other parties.
(2) Examination of
				  Witnesses and Parties. The hearing officer shall examine parties and any
				  witnesses under oath 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
				  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 an 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 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.25 - Withdrawal of Complaint or Appeal

Current through Reg. 49, No. 28; July 12, 2024
A party may request a withdrawal of its own complaint or
					 appeal at any time before a final Agency decision is issued. The hearing
					 officer may grant the request for withdrawal in writing and issue an order of
					 dismissal.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.26 - 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 decisions.
(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
				  or Board decision on appeal. Any party may present facts to the Agency in
				  support of a request to disqualify a hearing officer.
(c) A 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 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter C - AGENCY COMPLAINT AND APPEAL PROCEDURES › Section 823.27 - 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 that 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 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter D - AGENCY-LEVEL DECISIONS, REOPENINGS, AND REHEARINGS › Section 823.30 - Hearing Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) Following the
				  conclusion of the hearing, the hearing officer shall promptly issue a written
				  decision on behalf of the Agency. Decisions issued on state-level complaints
				  and grievances, or appeals of local-level complaints and grievances, made
				  pursuant to provisions of WIOA, must be issued within 60 calendar days of the
				  filing of the complaint, grievance or appeal, whichever comes later.
(b) The Agency decision shall be based
				  exclusively on the evidence of record in the hearing and on matters officially
				  noticed in the hearing. The Agency decision shall include:
(1) a list of the individuals who appeared at
				  the hearing, including representatives and observers;
(2) the findings of fact and conclusions of
				  law reached on the issues; and
(3)
				  the affirmation, reversal, or modification of a determination or Board
				  decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter D - AGENCY-LEVEL DECISIONS, REOPENINGS, AND REHEARINGS › Section 823.31 - Petition for Reopening

Current through Reg. 49, No. 28; July 12, 2024
(a) If a party
				  fails to appear for a hearing, the hearing officer may hear and record the
				  evidence of the party present and the witnesses, if any, and shall proceed to
				  decide the appeal on the basis of the record unless there appears to be good
				  reason for continuing the hearing. A copy of the decision shall be promptly
				  mailed to the parties with an explanation of the manner in which, and time
				  within which, a request for reopening may be submitted.
(b) A party that fails to appear at a hearing
				  may, within 14 calendar days from the date the decision is mailed, petition in
				  writing for a new hearing before the hearing officer. The petition should
				  identity the party requesting the reopening and explain the reason for the
				  failure to appear. The timeliness rules in §
										823.3
				  of this chapter (relating to Timeliness) apply to the petition. The petition
				  shall be granted if it appears to the hearing officer that the petitioner has
				  shown good cause for the petitioner's failure to appear at the
				  hearing.
(c) The hearing officer
				  may schedule a hearing on whether to grant the reopening.
(d) The hearing officer may deny the petition
				  if no good cause is alleged for the party's nonappearance at the prior
				  hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter D - AGENCY-LEVEL DECISIONS, REOPENINGS, AND REHEARINGS › Section 823.32 - Motion for Rehearing and Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) A party has 14 calendar days from the
				  date the decision is mailed to file a motion for rehearing. A rehearing may be
				  granted only for the presentation of new evidence.
(b) Motions for rehearing shall be in writing
				  and allege the new evidence to be considered. The appellant must show a
				  compelling reason why the evidence was not presented at the hearing and explain
				  how consideration of the evidence would alter the outcome of the
				  case.
(c) If the hearing officer
				  determines that the motion does not meet the criteria in subsection (b) of this
				  section, the hearing officer may issue a decision indicating that they have not
				  been met and that no hearing will be set on the motion.
(d) If the hearing officer determines that
				  the appellant has met the requirements of subsection (b) of this section, the
				  hearing officer shall grant the motion and schedule a hearing to consider the
				  new evidence on the record.
(e) The
				  hearing officer shall issue a written decision following the hearing to
				  consider the evidence on the Motion for Rehearing.
(f) After the hearing on the Motion for
				  Rehearing, the hearing officer shall issue a written decision granting or
				  denying the Motion for Rehearing and may affirm, reverse, leave in effect,
				  void, or modify the prior decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter D - AGENCY-LEVEL DECISIONS, REOPENINGS, AND REHEARINGS › Section 823.33 - Finality of Decision

Current through Reg. 49, No. 28; July 12, 2024
(a) The decision
				  of the hearing officer is the final decision of the Agency after the expiration
				  of 14 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 a decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 823 - INTEGRATED COMPLAINTS, HEARINGS, AND APPEALS › Subchapter D - AGENCY-LEVEL DECISIONS, REOPENINGS, AND REHEARINGS › Section 823.34 - Federal Appeals

Current through Reg. 49, No. 28; July 12, 2024
(a) Participants and
				  interested or affected parties have a right to appeal to the US Secretary of
				  Labor when decisions are not issued within the time prescribed or when an
				  adverse final Agency decision is issued.
(b) The US Secretary of Labor will
				  investigate appeals under the following circumstances:
(1) A decision on a grievance or complaint
				  has not been reached:
(A) within 60 calendar
				  days of receipt of the grievance or complaint; or
(B) within 60 calendar days of receipt of the
				  request for appeal of a local level grievance and either party appeals to the
				  US Secretary of Labor; or