reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter A - GENERAL PROVISIONS › Section 801.11 - Board Member Nomination and Appointment

Current through Reg. 49, No. 28; July 12, 2024
(a) For each Board member nomination, the
				  nominating organization shall submit to the CEOs of the workforce area a
				  completed Board Nomination Slate in a form established by the
				  Commission.
(b) Documentation in
				  the form of a curriculum vitae, resume, or work history supporting the
				  qualifications of the nomination shall accompany the Board Nomination
				  Slate.
(c) Once nominations are
				  submitted to and appointments are made by the CEOs, the Board Appointments
				  form, in a format established by the Commission, and documentation shall be
				  submitted to the Agency's Workforce Development Division. Only nominations
				  submitted by the CEOs may be accepted by the Commission. The documentation
				  submitted by the CEOs shall include the following:
(1) Board Nomination Slate for each
				  appointment; and
(2) Board
				  Appointments form, indicating the official beginning and expiration dates of
				  all appointments.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter A - GENERAL PROVISIONS › Section 801.12 - Board Member Vacancies

Current through Reg. 49, No. 28; July 12, 2024
(a) If a Board
				  member vacancy occurs due to resignation, termination, or any other reason, the
				  Board Chair shall provide notice to the CEOs of the workforce area and to the
				  Commission within 20 calendar days of such event. Such notice shall include:
(1) the name of the Board member;
(2) the category represented; and
(3) the effective date of resignation,
				  termination or other event causing the vacancy.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter A - GENERAL PROVISIONS › Section 801.16 - Partnership Agreement

Current through Reg. 49, No. 28; July 12, 2024
(a) The CEOs in a
				  workforce area shall enter into a Partnership Agreement with the Board as
				  required by Texas Government Code §
										2308.253(g)
				  and by §801.1(g)(2)(A)(i)(I) - (VII) of this subchapter.
(b) The Partnership Agreement shall be signed
				  by the current CEOs and the Board Chair.
(c) Any amendment to a Partnership Agreement,
				  change to a Board's organizational plan or bylaws, or notice of an election of
				  a new CEO or Board Chair shall be submitted to the Agency within 15 calendar
				  days of the adoption of such amendment, change, or election.
(d) If a CEO or Board Chair is newly elected
				  during the then-current, two-year program planning cycle, such newly elected
				  individual shall submit to the Agency a written statement acknowledging that he
				  or she:
(1) has read, understands, and will
				  comply with the current Partnership Agreement; and
(2) reserves the option to request
				  negotiations to amend the Partnership Agreement at any time during the
				  official's tenure as CEO or Board Chair.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter A - GENERAL PROVISIONS › Section 801.17 - Board Training and Services Plans, Modifications, and Amendments

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose of Rule.
(1) All workforce training and services plans
				  and budgets developed by a Board pursuant to state and federal law shall be
				  submitted to the Agency's Workforce Development Division for review.
(2) Before a plan and budget is forwarded by
				  the Commission to TWIC for recommendation to the Governor for approval, all
				  requirements of this section shall be met.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.21 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this
				  subchapter is to set forth the rules relating to the One-Stop Service Delivery
				  System as set forth in Texas Government Code, Chapter 2308; Texas Labor Code,
				  Chapters 301 and 302; and Workforce Innovation and Opportunity Act §121
				  (29 United States Code Annotated §3101). It is the intent of the
				  Commission, in partnership with Local Workforce Development Boards, to
				  facilitate the development and maintenance of the One-Stop Service Delivery
				  System such that information and services responsive to individual needs are
				  available to all customers. The One-Stop Service Delivery System shall be
				  evaluated against established levels of certification as well as any additional
				  standards developed by the Commission to ensure the continuous improvement of
				  the system.
(b) This subchapter
				  shall apply, except that to the extent of any conflict, the provisions of Texas
				  Government Code, Chapter 2308, and §
										802.21
				  of this title (relating to Board Contracting Guidelines) and §
										802.44
				  of this title (relating to Service Delivery Waiver Requests) shall
				  govern.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.22 - Requirement to Maintain a One-Stop Service Delivery System

Current through Reg. 49, No. 28; July 12, 2024
Each Board shall maintain a One-Stop Service Delivery
					 System, consistent with the Workforce Innovation and Opportunity Act, state
					 law, and this subchapter. The One-Stop Service Delivery System shall include at
					 least one Comprehensive Center in each local workforce development area as set
					 out in §
										801.24(b)
					 of this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.23 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in §
										800.2 of
					 this title (relating to Definitions), the following words or terms shall have
					 the following meanings, unless the context clearly indicates otherwise.
(1) Access--Access to services shall mean one
				  or more of the following:
(A) Having a program
				  staff member physically present at the Workforce Solutions Office;
(B) Having a staff member from a different
				  program physically present at the Workforce Solutions Office, and who is
				  appropriately trained to provide information to customers about the services
				  available through partner program(s); or
(C) Making available a direct linkage through
				  technology to program staff who can provide meaningful information or
				  services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.24 - Workforce Solutions Office Certification

Current through Reg. 49, No. 28; July 12, 2024
(a) All offices
				  providing workforce services shall be classified as Workforce Solutions
				  Offices.
(b) Local Workforce
				  Development Boards (Boards) shall ensure that at least one Workforce Solutions
				  Office in the local workforce development area is a Comprehensive
				  Center.
(c) As directed by the
				  Commission, Boards shall provide certification to the Agency for every
				  Comprehensive Center and Affiliate Site
(d) Boards shall notify the Agency when a
				  change occurs, of the requirements set forth in subsections (b) and (c) of this
				  section.
(e) The Agency shall
				  verify compliance with the requirements set forth in subsections (b) and (c) of
				  this section through:
(1) issuance of Agency
				  guidance;
(2) assurances set forth
				  in Agency-Board agreements;
(3)
				  annual monitoring reviews; and
(4)
				  other means as identified by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.25 - Minimum Standards for Comprehensive Workforce Solutions Offices

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall ensure
				  that each Comprehensive Center:
(1) provides
				  basic labor exchange services, including access to job orders for applicants,
				  access to applicants for employers, and screening and referral methods for
				  matching qualified applicants and job orders;
(2) provides services, as set forth in §
											801.28(a)
				  of this subchapter, of each program specified by §
											801.27(a) and
				  (b) of this subchapter, and access to
				  programs specified by §
											801.27(c)
				  of this subchapter, as applicable, during Workforce Solutions Offices'
				  operating hours;
(3) provides
				  access to information and services available in the local workforce development
				  area;
(4) provides access to
				  digital skill building, device access, and digital support for individuals
				  through workforce development programs;
(5) provides access to financial literacy
				  assistance to individuals enrolled in a workforce development program; and
(6) addresses the individual needs
				  of employers and job seekers.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.26 - Memorandum of Understanding

Current through Reg. 49, No. 28; July 12, 2024
(a) In accordance with
				  Workforce Innovation and Opportunity Act, §121, each Board shall develop
				  and maintain a memorandum of understanding (MOU) with statutorily required
				  Workforce Solutions Office partners, as specified in §
										801.27(b)
				  of this subchapter, and any locally approved Workforce Solutions Office
				  partners, as specified in §
										801.27(c)
				  of this subchapter, related to the operation of the One-Stop Service Delivery
				  System in the local workforce development area.
(b) A Board may develop a single MOU with all
				  workforce partners or a separate MOU with each workforce partner or group of
				  partners. Each Board shall obtain a general authorization from the chief
				  elected officials for actions taken under this subsection.
(c) The Agency shall provide Boards with
				  guidance on the minimum provisions required by each MOU.
(d) Except where indicated otherwise, a Board
				  shall not be required to develop an MOU for any Board- or Agency-administered
				  programs specified in §
										801.27(a)
				  of this subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.27 - Workforce Solutions Office Programs and Partners

Current through Reg. 49, No. 28; July 12, 2024
(a) The following
				  Workforce Solutions Office Programs are Board-administered or under Agency
				  purview:
(1) Adult program, authorized under
				  Workforce Innovation and Opportunity Act (WIOA), Title I;
(2) Dislocated Worker program, authorized
				  under WIOA, Title I;
(3) Youth
				  programs, authorized under WIOA, Title I;
(4) Supplemental Nutrition Assistance Program
				  Employment and Training, authorized under the Food and Nutrition Act of 2008 (7
				  United States Code (USC) §2015(d)(4) et seq.);
(5) Choices, the Temporary Assistance for
				  Needy Families Employment and Training program, authorized under the Social
				  Security Act, Title IV, Part A (42 USC §
												601 et seq.);
(6) Subsidized Child Care programs,
				  identified by Chapter 809 of this title (relating to Child Care
				  Services);
(7) Employment Service
				  program, authorized under the Wagner-Peyser Act (29 USC §
												49 et seq.), as amended by WIOA, Title
				  III;
(8) Trade Adjustment
				  Assistance, authorized under Title II, Chapter 2 of the Trade Act of 1974
				  (19
				  USC §
												2271, et seq.);
(9) Adult Education and Family Literacy Act
				  program, authorized under WIOA, Title II, when the Board is the
				  grantee;
(10) Vocational
				  Rehabilitation (VR) services, authorized under Title I of the Rehabilitation
				  Act of 1973 (29 USC
				  §
												720 et seq.), as amended by WIOA,
				  Title IV. Boards are required to enter a memorandum of understanding for VR
				  services in accordance with §801.26 of this subchapter;
(11) Unemployment Insurance Benefits
				  programs, authorized under state unemployment compensation law, including the
				  Reemployment Services and Eligibility Assessment program, authorized under
				  Title III of the Social Security Act (42
				  USC §
												506 et seq.);
(12) Migrant and Seasonal Farmworker
				  employment services, under the National Farmworker Jobs Program, authorized
				  under WIOA, Title I; and
(13)
				  National Dislocated Worker Grant program, authorized under WIOA, Title
				  I.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.29 - Limitations on Delivery of Services

Current through Reg. 49, No. 28; July 12, 2024
Delivery of services under §
										801.28
					 of this subchapter, is subject to state law requirements on Board organization
					 and service delivery structure as found in Texas Government Code, Chapter 2308,
					 and this chapter, as well as eligibility requirements and limitations of
					 individual programs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 801 - LOCAL WORKFORCE DEVELOPMENT BOARDS › Subchapter B - ONE-STOP SERVICE DELIVERY NETWORK › Section 801.31 - Priority for Workforce Services

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Boards shall ensure that eligible veterans, as defined in §
										801.23(2)
				  of this subchapter, are identified at the initial point of entry into the
				  workforce system and informed of the following:
(1) Their right to priority of
				  service;
(2) The full array of
				  employment, training, and placement services available under priority of
				  service; and
(3) Any applicable
				  eligibility requirements for those programs and services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter A - PURPOSE AND GENERAL PROVISIONS › Section 802.1 - Purpose and General Provisions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  purpose of the rules contained in this subchapter is to implement Texas
				  Government Code, §
										2308.264
				  and §
										2308.267, including
				  provisions relating to directly delivering services, Local Workforce
				  Development Board (Board) contracting guidelines, and other conflict of
				  interest provisions, and to implement Texas Labor Code, Chapter 315, regarding
				  Adult Education and Literacy (AEL) programs.
(b) It is the intent of the Commission that
				  these rules strengthen the confidence of the public in the Texas workforce
				  system.
(c) A Board may set local
				  policies that are more restrictive than those set forth in this
				  subchapter.
(d) A Board shall
				  develop the policies and procedures required by this subchapter.
(e) A Board member with an existing contract
				  for workforce services shall comply with this subchapter no later than the
				  earliest of the following:
(1) the expiration
				  of the contract;
(2) the contract
				  renewal date; or
(3) the expiration
				  of the Board member's term or the Board member's resignation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter A - PURPOSE AND GENERAL PROVISIONS › Section 802.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
In addition to the definitions contained in §
										800.2 and
					 §
										801.23 of
					 this title, the following words or terms shall have the following meanings,
					 unless the context clearly indicates otherwise.
(1) Agency grantees--Grantees that receive
				  funding from the Agency, such as Skills Development Fund, Wagner-Peyser 7(b),
				  and Workforce Investment Act (WIA) statewide, to provide workforce
				  services.
(2) Appearance of a
				  conflict of interest--A circumstance in which the action of a Board member,
				  Board employee, workforce service provider, or workforce service provider
				  employee in a decision-making position appears to be:
(A) influenced by considerations of one or
				  more of the following: gain to the person, entity, or organization for which
				  the person has an employment interest, substantial financial interest, or other
				  interest, whether direct or indirect (other than those consistent with the
				  terms of the contract); or
(B)
				  motivated by design to gain improper influence over the Commission, the Agency,
				  or the Board.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter B - CONTRACTING › Section 802.21 - Board Contracting Guidelines

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Fiscal Integrity Provisions.
(1) A Board
				  shall develop fiscal integrity evaluation indicators designed to appraise the
				  fiscal integrity of its workforce service providers.
(2) A Board shall assess its workforce
				  service providers to ensure the providers meet the requirements of the Board's
				  fiscal integrity evaluation based on the following schedule:
(A) contracts under $100,000--the fiscal
				  indicators must be verified prior to the award of the contract and at each
				  renewal of the contract;
(B)
				  contracts between $100,000 and $500,000--the fiscal indicators must be verified
				  prior to the award of the contract, at each renewal of the contract, and not
				  less than biennially; and
(C)
				  contracts over $500,000--the fiscal indicators must be verified prior to the
				  award of the contract, at each renewal of the contract, and not less than once
				  annually.
(3) The fiscal
				  integrity evaluation shall include the following provisions for ensuring that
				  workforce service providers are meeting performance measures in compliance with
				  requirements contained in:
(A) federal and
				  state statutes and regulations and directives of the Commission or
				  Agency;
(B) Office of Management
				  and Budget (OMB) circulars applicable to the entity, such as OMB Circulars
				  A-21, A-87, or A-122, and the Office of the Governor's Uniform Grant Management
				  Standards; and
(C) any other
				  safeguards a Board has identified that are designed to ensure the proper and
				  effective use of funds placed under the control of its workforce service
				  providers.
(4) The
				  fiscal integrity evaluation shall also include the review and consideration of
				  the prospective or renewing workforce service provider's prior three-year
				  financial history before the Board awards or renews a workforce service
				  contract. The review shall include any adverse judgments or findings, such as
				  administrative audit findings; Commission, Agency, or Board monitor findings;
				  or sanctions by a Board or court of law.
(5) The fiscal integrity evaluation may
				  include provisions such as accounting for program income in accordance with
				  federal regulations, resolving questioned costs and the repayment of disallowed
				  costs in a timely manner, and safeguarding fixed assets, as well as those
				  referenced in the Agency's Financial Manual for Grants and Contracts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter B - CONTRACTING › Section 802.22 - Board Contract Limits

Current through Reg. 49, No. 28; July 12, 2024
In procuring a new workforce service provider, Boards
					 shall:
(1) procure the workforce
				  service provider for an initial period of at least one year, not to exceed two
				  years, allowing for subsequent renewals during an option period following the
				  conclusion of the initial procurement period;
(2) ensure that the initial procurement and
				  subsequent renewals do not exceed a maximum of five years total; and
(3) in determining whether to renew a
				  contract during the option period following the completion of the initial
				  procurement period, consider the workforce service provider's performance,
				  oversight of services, reasonableness of cost, and any other locally developed
				  criteria.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter C - LOCAL WORKFORCE DEVELOPMENT BOARD RESTRICTIONS › Section 802.42 - Employment of Former Board Employees by Workforce Service Providers

Current through Reg. 49, No. 28; July 12, 2024
(a) Post-Employment Restriction. In order to
				  avoid a conflict of interest, a Board shall ensure that the Board's workforce
				  service providers shall not employ or otherwise compensate a former Board
				  employee who:
(1) was in a Board
				  decision-making position as defined in §
											802.2 of
				  this chapter; and
(2) was employed
				  or compensated by the Board anytime during the previous 12 months.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter C - LOCAL WORKFORCE DEVELOPMENT BOARD RESTRICTIONS › Section 802.43 - Prohibition against Directly Delivering Services

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board shall ensure, through the
				  oversight and management of Board policies, that it does not directly deliver
				  or determine eligibility for workforce services in its local workforce
				  development area (workforce area) or contract with the following persons or
				  entities to deliver or determine eligibility for workforce services:
(1) A Board member;
(2) A business, organization, or institution
				  that a Board member represents on the Board;
(3) A Board member's business, organization,
				  or institution in which a Board member has a substantial financial interest;
				  or
(4) A Board employee.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter C - LOCAL WORKFORCE DEVELOPMENT BOARD RESTRICTIONS › Section 802.44 - Service Delivery Waiver Requests

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Purpose of Rule. Texas Government Code §
										2308.264,
				  §
										2308.267, and §
										2308.312
				  set forth prohibitions regarding service delivery, Board staffing, and
				  developmental services. Only under circumstances that fit the criteria
				  specified in those statutes will requests for waivers be granted.
(b) Boards may submit a waiver request of the
				  following provisions:
(1) Independent Service
				  Delivery. A Board is prohibited from directly providing workforce training and
				  services, including operational functions normally associated with such
				  services such as intake, eligibility determination, assessment, and referral,
				  unless a waiver is obtained.
(2)
				  Separate Staffing. Board staff shall be employed separately and independently
				  of any person who provides workforce training and services, as described in
				  paragraph (1) of this subsection, unless the Board arranges for independent
				  evaluation of any other workforce services provided by the staffing
				  organization and obtains a waiver.
(3) Developmental Services. A person who
				  provides one-stop services at a Workforce Solutions Office shall not also
				  provide developmental services unless a waiver is obtained.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.61 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this subchapter is to set
				  forth the Agency's monitoring provisions and respective responsibilities of
				  Boards, workforce service providers, AEL grant recipients, AEL service
				  providers, and Agency grantees.
(b)
				  The rules contained in this subchapter apply in addition to any
				  program-specific rules to all programs administered by the Agency, except that
				  to the extent of any conflict, the program-specific rules will
				  govern.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.62 - Program and Fiscal Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Boards, workforce service providers, AEL grant recipients, AEL service
				  providers, and Agency grantees shall cooperate with the Agency's program and
				  fiscal monitoring activities, site visits, reviews of documentation, and
				  requests for information. The Agency is committed to ensuring the
				  accountability of Boards, workforce service providers, AEL grant recipients,
				  AEL service providers, and Agency grantees. Therefore, monitoring activities
				  have been developed to:
(1) ensure programs
				  achieve intended results;
(2)
				  ensure resources are efficiently and effectively used for authorized purposes
				  and are protected from waste, fraud, and abuse; and
(3) ensure reliable and timely information is
				  captured and reported to serve as the basis to improve
				  decision-making.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.63 - Program Monitoring Activities

Current through Reg. 49, No. 28; July 12, 2024
The Agency shall conduct program monitoring activities to
					 ensure that programs achieve intended results. Processes and procedures used to
					 determine Board, workforce service provider, AEL grant recipient, AEL service
					 provider, and Agency grantee performance may include review and evaluation of
					 one or more of the following:
(1)
				  Program results or outcomes
(2)
				  Performance measures
(3) Reporting
				  accuracy
(4) Record keeping and
				  file maintenance
(5) Monitoring
				  functions
(6) Self-monitoring
				  activities
(7) Service
				  delivery
(8) Automated systems and
				  reporting
(9) Human
				  resources
(10) Policies and
				  procedures
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.64 - Fiscal Monitoring Activities

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Agency shall conduct fiscal monitoring activities to ensure that resources
				  are efficiently and effectively used for authorized purposes and are protected
				  from waste, fraud, and abuse. Processes and procedures used to determine Board,
				  workforce service provider, AEL grant recipient, AEL service provider, and
				  Agency grantee performance may include the review and evaluation of one or more
				  of the following:
(1) Accounting and
				  reporting systems
(2) Budget
				  methodologies
(3) Cash management
				  practices
(4) Cost allocation plans
				  and processes
(5) Cash disbursement
				  compliance and documentation
(6)
				  Program income identification and reporting
(7) Insurance coverage and risk
				  exposure
(8) Oversight and
				  monitoring functions
(9) Payroll
				  administration
(10) Purchasing and
				  procurement processes and procedures
(11) Property accountability and
				  safeguarding
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.65 - Agency Monitoring Reports and Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) Monitoring Report. The Agency's
				  monitoring department shall issue a monitoring report summarizing the results
				  of monitoring activities. The report shall include the observations, findings,
				  questioned costs identified, and recommendations of the monitoring team to the
				  Board, AEL grant recipient, or Agency grantees or contractors. If there are no
				  administrative findings or questioned costs identified as a result of the
				  monitoring review, a management letter will be issued. A monitoring report or
				  management letter issued to a Board will be provided to the following:
(1) Board chair
(2) Board executive director
(3) Designated representatives of the US
				  Department of Health and Human Services
(4) Designated representatives of the US
				  Department of Labor
(5) Texas
				  Workforce Commissioners
(6) Agency
				  executive staff
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.66 - Access to Records

Current through Reg. 49, No. 28; July 12, 2024
(a) Right of
				  Access
(1) Agency. All books, documents,
				  papers, computer records, or other records prepared by Boards, workforce
				  service providers, AEL grant recipients, AEL service providers, or Agency
				  grantees that are pertinent to the use of any funds administered by the Agency
				  are Agency property. Boards, workforce service providers, AEL grant recipients,
				  AEL service providers, or Agency grantees in possession of such records shall
				  be responsible for their secure and proper maintenance. The Agency or its
				  authorized representatives have the right of timely and unrestricted access to
				  any such records in order to conduct monitoring, audits, and examinations, and
				  to make excerpts, transcripts, and photocopies of such documents.
(2) Board, AEL grant recipient, or Agency
				  grantee. A Board or its authorized representatives, AEL grant recipient or its
				  authorized representative, and an Agency grantee or its executive leadership,
				  have the right of timely and unrestricted access to any books, documents,
				  papers, computer records, or other records of workforce service providers or
				  AEL service providers, that are pertinent to the use of any funds administered
				  by the Agency, in order to conduct monitoring, audits, and examinations; and to
				  make excerpts, transcripts, and photocopies of such documents.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter D - AGENCY MONITORING ACTIVITIES › Section 802.67 - Commission Evaluation of Board Oversight Capacity

Current through Reg. 49, No. 28; July 12, 2024
(a) This section outlines the process used by
				  the Commission to evaluate Board oversight capacity related to the management
				  of local funds and the delivery of local workforce services.
(b) The Agency shall evaluate, at least
				  annually, each Board's oversight capacity, including the Board's ability to:
(1) develop, maintain, and upgrade
				  comprehensive fiscal management systems;
(2) hire, train, and retain qualified staff
				  to carry out the Board's oversight activities;
(3) select and oversee workforce service
				  providers to improve the delivery of workforce services;
(4) oversee and improve the operations of
				  Workforce Solutions Offices in the Board's service area;
(5) manage each workforce service provider's
				  performance across multiple Board programs; and
(6) identify and resolve long-standing or
				  severe Board oversight problems and workforce service provider performance
				  issues. In the context of this section, the term "severe" is defined as an
				  issue serious enough to warrant a sanction or intent-to-sanction, as described
				  in §802.122 and §802.123, and the term "long-standing" is defined as
				  an issue that persists for more than one review period.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.81 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to set forth the provisions governing the monitoring
				  responsibilities of Boards, workforce service providers, and AEL grant
				  recipients.
(b) The rules contained
				  in this subchapter apply in addition to any program-specific rules to all
				  programs administered by the Agency, except that to the extent of any conflict,
				  the program-specific rule will govern.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.82 - Board, Workforce Service Provider, and AEL Grant Recipient Monitoring

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards, workforce service providers, and
				  AEL grant recipients shall ensure that regular oversight of their own
				  activities and regular monitoring of the activities of their workforce service
				  providers and AEL service providers that receive public funds administered by
				  the Agency, are conducted and completed. Monitoring shall include monitoring of
				  both the fiscal and program performance of the workforce service providers and
				  AEL service providers administering and delivering services. These monitoring
				  activities shall be designed to ensure programs achieve intended results and
				  resources are efficiently and effectively used for authorized purposes and are
				  protected from waste, fraud, and abuse. Monitoring activities shall be planned
				  to focus on areas of highest risk to help ensure the most effective use of
				  monitoring resources.
(b)
				  Monitoring activities shall assess a workforce service provider's and AEL
				  service provider's compliance with applicable laws, regulations, provisions of
				  contracts and Board plans, and official directives and circulars including, but
				  not limited to, DOL Training and Employment Guidance Letters, DOL Training and
				  Employment Notices, U.S. Department of Health and Human Services guidance
				  letters, U.S. Department of Education Office of Vocational and Adult Education
				  guidance, Commission rules contained in Part 20 of this title, Texas Workforce
				  Commission WD Letters and AEL Letters, the Agency's Financial Manual for Grants
				  and Contracts, and other Agency guidance. The Board and AEL grant recipient
				  shall assess the workforce service provider's and AEL service provider's
				  compliance with the appropriate uniform administrative requirements for grants
				  and agreements applicable to the type of entity receiving funds, as promulgated
				  in OMB circulars or rules. These activities shall encompass both financial and
				  programmatic monitoring and shall be evaluated on a periodic basis. Each Board,
				  workforce service provider, and AEL grant recipient shall conduct regular
				  oversight and monitoring of its workforce service providers or AEL service
				  providers in order to:
(1) determine that
				  expenditures have been charged to the cost categories and within the cost
				  limitations specified in the applicable laws and regulations;
(2) determine whether or not there is
				  compliance with other provisions of applicable laws and regulations;
				  and
(3) provide technical
				  assistance as necessary and appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.83 - Risk Assessment

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards,
				  workforce service providers, and AEL grant recipients shall include the use of
				  a risk assessment tool in their monitoring functions.
(b) The risk assessment tool shall identify
				  high-risk workforce service providers and AEL service providers and high areas
				  of risk within an individual workforce service provider's or AEL service
				  provider's operation. The entity responsible for including the risk assessment
				  tool in its monitoring functions shall be responsible for determining what
				  constitutes high risk or an area of high risk.
(c) Boards, workforce service providers, and
				  AEL grant recipients shall establish monitoring schedules and monitoring
				  programs that best use monitoring resources. Boards, workforce service
				  providers, and AEL grant recipients shall quantify, as much as possible, and
				  document areas of risk identified for assessment.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.84 - Monitoring Plan

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards, workforce
				  service providers, and AEL grant recipients shall develop their own local-level
				  monitoring plan based on the results of the risk assessment. This monitoring
				  plan shall incorporate the following:
(1) a
				  schedule or timetable for monitoring Agency-funded activities; and
(2) identification of the type of review
				  planned, such as on-site review, comparative financial analysis, desk review,
				  staff analysis, or other type of appropriate review.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.85 - Controls over Monitoring

Current through Reg. 49, No. 28; July 12, 2024
To ensure comprehensive and effective monitoring, Boards,
					 workforce service providers, and AEL grant recipients shall:
(1) require periodic reports from their
				  workforce service providers or AEL service providers outlining monitoring
				  reviews, noncompliance issues, and the status of corrective actions;
(2) ensure that a briefing regarding
				  monitoring activities and findings is provided to the Board or appropriate
				  Board subcommittee at regularly scheduled meetings, or to AEL consortium
				  members, as applicable;
(3) require
				  an annual evaluation of the monitoring function to determine its effectiveness,
				  by a person or entity independent of the monitoring function; and
(4) develop a written monitoring procedure to
				  be used in monitoring both program and fiscal operations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.86 - Reporting and Resolution Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Boards, workforce service providers, and AEL grant recipients shall ensure that
				  monitoring reports identify instances of noncompliance with federal and state
				  laws and regulations and Agency policies, and provide recommendations for
				  corrective action and program quality enhancements.
(b) Boards, workforce service providers, and
				  AEL grant recipients shall ensure that timelines are established for the
				  completion of corrective actions, based on the severity of the deficiency, and
				  shall work with the workforce service providers or AEL service providers to
				  ensure implementation of corrective actions.
(c) Boards, workforce service providers, and
				  AEL grant recipients shall ensure that a copy of monitoring reports is provided
				  to Board members or AEL consortium members.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter E - BOARD, WORKFORCE SERVICE PROVIDER, AND AEL GRANT RECIPIENT MONITORING ACTIVITIES › Section 802.87 - Independent Audit Requirements

Current through Reg. 49, No. 28; July 12, 2024
Boards, workforce service providers, AEL grant recipients,
					 AEL service providers, and Agency grantees are subject to the following and
					 shall ensure that an annual audit or program-specific audit is obtained in
					 accordance with the following:
(1)
				  Single Audit Act Amendments of 1996 (Public Law
				  104-156);
(2) OMB Circular A-133 and Compliance
				  Supplement;
(3) OMB Circular
				  A-21;
(4) OMB Circular
				  A-110;
(5)
Government
				  Auditing Standards
(U.S. Government Accountability Office);
				  and
(6) State of Texas Single Audit
				  Circular within the Uniform Grant Management Standards Act (Texas Government
				  Code, Chapter 783).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter F - PERFORMANCE AND ACCOUNTABILITY › Section 802.101 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of
				  this subchapter is to:
(1) ensure
				  accountability of Boards, workforce service providers, AEL grant recipients,
				  AEL service providers, and Agency grantees, in meeting the needs of Workforce
				  Solutions customers;
(2) ensure
				  performance targets are met or exceeded; and
(3) describe the Commission policies for
				  noncompliance.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter F - PERFORMANCE AND ACCOUNTABILITY › Section 802.102 - Performance Requirements and Expectations

Current through Reg. 49, No. 28; July 12, 2024
(a) A Board or AEL grant recipient shall meet
				  or exceed expenditure and performance targets as set forth in its contracts.
				  The Commission shall determine the Boards' or AEL grant recipients' performance
				  targets based on federal and state performance standards and by using factors
				  that may be necessary to achieve the mission of the Commission and reflect
				  local conditions. The Commission approves individual Board or AEL grant
				  recipient performance targets annually, which may be adjusted based on local
				  conditions including, but not limited to, specific economic conditions and
				  demographic characteristics of the workforce area.
(b) An Agency grantee shall meet or exceed
				  expenditure and performance targets as set forth in its contracts.
(c) A Board, AEL grant recipient, and Agency
				  grantee shall comply with the following:
(1)
				  applicable laws, regulations, provisions of contracts and Board plans, and
				  official directives and circulars including, but not limited to, DOL Training
				  and Employment Guidance Letters, DOL Training and Employment Notices, U.S.
				  Department of Health and Human Services guidance letters, U.S. Department of
				  Education Office of Vocational and Adult Education guidance, Commission rules
				  contained in Part 20 of this title, Texas Workforce Commission WD Letters and
				  AEL Letters, the Agency's Financial Manual for Grants and Contracts, and other
				  Agency guidance;
(2) appropriate
				  uniform administrative requirements for grants and agreements applicable for
				  the type of entity receiving funds as promulgated in OMB's Uniform Grant
				  Management Standards circulars or rules; and
(3) Agency-Board agreements and applicable
				  program contracts.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter F - PERFORMANCE AND ACCOUNTABILITY › Section 802.103 - Performance Review and Assistance

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission's intent is to define the role of performance review and
				  assistance provided by the Agency. The role of performance review and
				  assistance is to work with Boards, workforce service providers, AEL grant
				  recipients, AEL service providers, and Agency grantees to:
(1) ensure successful service delivery
				  outcomes; and
(2) provide
				  accountability through technical assistance and contract management.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 802 - INTEGRITY OF THE TEXAS WORKFORCE SYSTEM › Subchapter F - PERFORMANCE AND ACCOUNTABILITY › Section 802.104 - Performance Improvement Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Agency may assist Boards, workforce service providers, AEL grant recipients,
				  AEL service providers, and Agency grantees with strategies for improving
				  compliance or performance.
(b) A
				  technical assistance plan, which may be jointly developed by the Agency with
				  Boards, AEL grant recipients, or Agency grantees, may include, but is not
				  limited to:
(1) identification of one or more
				  specific performance improvement issues;
(2) assessment of specific technical
				  assistance or training needs;
(3)
				  selection of one or more specific technical assistance or training activities
				  to be implemented;
(4)
				  identification of the appropriate entities to provide the technical assistance
				  or training, including the Board, AEL grant recipient, the Agency, other
				  Boards, or other entities;
(5)
				  identification of a timeline for completion of the technical assistance or
				  training; and
(6) specific dates
				  for reassessment of technical assistance or training needs and completion of
				  the specific technical assistance or training.
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 802.121 - Imposition of Corrective Actions and Corrective Action Plans

Current through Reg. 49, No. 28; July 12, 2024
(a) At any time, the Agency may impose
				  corrective actions for failure by a Board, AEL grant recipient, or Agency
				  grantee to ensure compliance with the following:
(1) one or more contracted performance
				  measures;
(2) one or more contract
				  provisions; or
(3) one or more of
				  the items listed in §
											802.102(c)
				  of this chapter.