reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter A - GENERAL PROVISIONS › Section 840.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Address of record--In
				  addition to the mailing address contained in the application for approval, each
				  provider shall establish an email address of record, with the format of the
				  address to be "ProviderName.Director@xdomain." This email address of record
				  must consistently include a minimum of two current recipients. Providers
				  currently licensed with TWC's Career Schools and Colleges (CSC) program must
				  use their CSC-approved email of record.
(2) Agency--The unit of state government
				  established under Texas Labor Code, Chapter 301, that is presided over by the
				  Commission and administered by the executive director to operate the integrated
				  workforce development system and administer the unemployment compensation
				  insurance program in this state as established under the Texas Unemployment
				  Compensation Act, Texas Labor Code Annotated, Title 4, Subtitle A, as amended.
				  The definition of Agency shall apply to all uses of the term in this
				  chapter.
(3) Community-Based
				  Organization--As defined in WIOA §3(10), a private nonprofit organization
				  (which may include a faith-based organization), that is representative of a
				  community or a significant segment of a community and that has demonstrated
				  expertise and effectiveness in the field of workforce development.
(4) Customized Training--As defined in WIOA
				  §3(14), means training:
(A) that is
				  designed to meet the specific requirements of an employer (including a group of
				  employers);
(B) that is conducted
				  with a commitment by the employer to employ an individual upon successful
				  completion of the training; and
(C)
				  for which the employer pays:
(i) a significant
				  portion of the cost of training, as determined by the local Board, taking into
				  account the size of the employer and such other factors that the local Board
				  determines to be appropriate, which may include the number of employees
				  participating in training, wage, and benefit levels of those employees (at
				  present and anticipated upon completion of the training), relation of the
				  training to the competitiveness of a participant, and other employer-provided
				  training and advancement opportunities; and
(ii) in the case of customized training (as
				  defined in subparagraphs (A) and (B) of this paragraph) involving an employer
				  located in multiple local areas in the state, a significant portion of the cost
				  of the training, as determined by the Commission, taking into account the size
				  of the employer and such other factors that the Commission determines to be
				  appropriate.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter B - TRAINING PROVIDER ELIGIBILITY › Section 840.10 - Appropriate Licensure

Current through Reg. 49, No. 28; July 12, 2024
(a) Training
				  providers, as defined by this chapter, shall provide evidence of appropriate
				  licensure or exemption from licensure or regulation in a manner determined by
				  the Commission.
(b) Institutions
				  and agencies included in Texas Education Code, §
										61.003 shall be
				  considered appropriately licensed for the purposes of this section.
(c) Proprietary Schools in compliance with
				  the requirements of Texas Education Code Chapter 132 shall be considered
				  appropriately licensed for the purposes of this section.
(d) Registered Apprenticeship Programs (RAPs)
				  approved by the DOL are exempt from all requirements of this section. Industry
				  Recognized Apprenticeship Programs (IRAPs) must comply with licensure and
				  eligibility requirements described in this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter B - TRAINING PROVIDER ELIGIBILITY › Section 840.11 - Eligibility of Training Providers

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Training providers shall provide one or more training services, as defined in
				  this chapter, to be considered eligible for the statewide ETPL.
(b) Training providers shall submit
				  information required by the Agency for determination of eligibility. This
				  information shall be submitted in a manner determined by the Agency.
(c) Boards and the Agency shall review
				  information submitted by training providers in order to determine
				  eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter C - TRAINING PROGRAM ELIGIBILITY › Section 840.20 - Initial Eligibility Consideration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  All training programs that have not previously been determined eligible for the
				  statewide ETPL shall submit such eligibility criteria and performance
				  information required by the Agency. This information shall be submitted in a
				  manner determined by the Agency.
(b) Eligibility criteria shall include:
(1) a connection to statewide targeted
				  occupations;
(2) a partnership with
				  businesses in Texas, in accordance with Agency guidance; and
(3) other criteria required by the
				  Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter C - TRAINING PROGRAM ELIGIBILITY › Section 840.21 - Continued Eligibility Consideration

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Training programs shall be subject to continued eligibility determination
				  within 12 to 24 months following previous eligibility determination, as
				  determined by the Agency.
(b) The
				  Agency shall use such information provided during the most recent annual
				  performance reporting period, including provider and program eligibility and
				  student performance outcomes, for continued eligibility
				  consideration.
(c) Eligibility
				  criteria shall include:
(1) such information
				  required for Initial Eligibility determination;
(2) such additional criteria included in
				  20 CFR
				  §
												680.460; and
(3) other criteria required by the Agency
				  deemed necessary to determine a provider's eligibility.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter C - TRAINING PROGRAM ELIGIBILITY › Section 840.22 - Registered Apprenticeship Programs

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  DOL-approved RAPs shall submit the following information to the Agency for
				  program inclusion on the statewide ETPL:
(1)
				  Name and address of the RAP sponsor;
(2) Name and address of related technical
				  instruction provider, if different from sponsor;
(3) Cost of instruction, where instruction is
				  not provided directly by sponsor;
(4) Related occupations;
(5) Method and length of
				  instruction;
(6) Number of active
				  apprentices; and
(7) Other
				  information required by the Agency not expressly prohibited by DOL.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter C - TRAINING PROGRAM ELIGIBILITY › Section 840.23 - Additional Eligibility Requirements

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  The Commission may apply additional requirements to training programs for
				  inclusion on the statewide ETPL.
(b) Additional requirements developed under
				  this subsection shall be applied to ETP programs during Initial or Continued
				  Eligibility determinations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter D - ANNUAL REPORTING › Section 840.30 - Annual Performance Reporting Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) Each year, all training providers and
				  programs included on the statewide ETPL shall submit all information determined
				  necessary by the Agency. Such information shall include, at a minimum,
				  student-level data for each program.
(b) Required student-level data may include
				  the following:
(1) First name of
				  student;
(2) Last name of
				  student;
(3) Student's Social
				  Security number (SSN), except where unavailable;
(4) Student's first date of
				  attendance;
(5) Student's last date
				  of attendance, when applicable;
(6)
				  Type of recognized credential earned and the date on which it was received,
				  when applicable; and
(7) Other
				  information as determined by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter D - ANNUAL REPORTING › Section 840.31 - Notification of Annual Reporting Requirement

Current through Reg. 49, No. 28; July 12, 2024
(a) The Agency shall determine the date and
				  method of reporting.
(b) Boards and
				  training providers shall be notified of the annual reporting requirements not
				  less than 30 days prior to the deadline set by the Agency.
(c) The Agency shall determine the method of
				  notification, which may include public release, formal guidance, address of
				  record email notification, or other methods.
(d) Providers are responsible for maintaining
				  accurate contact information for locations and programs in order that the
				  Agency may provide such notifications. This includes, but may not be limited
				  to, email address of record.
(e)
				  Providers of training programs unable to report prior to the annual reporting
				  deadline set by the Agency may request an extension or exemption from reporting
				  caused by circumstances beyond the provider's control, which may include:
(1) natural disaster or other state
				  emergency;
(2) unexpected personnel
				  transitions;
(3) unexpected
				  technology-related issues; or
(4)
				  other circumstances determined acceptable by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter E - STATEWIDE ELIGIBLE TRAINING PROVIDER LIST › Section 840.40 - Statewide ETPL

Current through Reg. 49, No. 28; July 12, 2024
(a) The statewide ETPL
				  shall contain all eligible programs submitted by training providers, once
				  approved, to provide services through ITAs to WIOA participants.
(b) In order to provide usable information
				  for WIOA participants, and students in general, the statewide ETPL shall
				  contain such program information required by the Agency.
(c) Performance information provided to the
				  Agency on an eligible provider's programs shall be included with the statewide
				  ETPL provided that such information does not reveal personally identifiable
				  information of students.
(d) The
				  statewide ETPL shall include such RAPs approved by the Agency in accordance
				  with this chapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter E - STATEWIDE ELIGIBLE TRAINING PROVIDER LIST › Section 840.41 - Distribution of the Statewide ETPL

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Agency shall make the statewide ETPL available to the public, secondary, and
				  postsecondary educational systems and its other partners through the Agency's
				  website.
(b) Updates to the
				  statewide ETPL will be published at a frequency determined by the Agency, but
				  not less than monthly.
(c) The
				  Agency shall provide the statewide ETPL in a format accessible to individuals
				  with disabilities.
(d) Boards shall
				  ensure that the statewide ETPL is locally available in a current and accessible
				  format.
(e) Boards shall make the
				  statewide ETPL available to the following:
(1)
				  Local Workforce Solutions Offices and staff;
(2) Local partners, including those providing
				  training or related services;
(3)
				  Program participants; and
(4) The
				  public.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter E - STATEWIDE ELIGIBLE TRAINING PROVIDER LIST › Section 840.42 - Removal from the Statewide ETPL

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Voluntary Removal. Providers may request that a program be removed from the
				  statewide ETPL. Such requests shall:
(1) be
				  submitted by a provider in a manner determined by the Agency; and
(2) be processed in a manner determined by
				  the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.50 - Eligibility Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Removal of a
				  program for failure to meet eligibility criteria shall occur following the end
				  of the initial or continued eligibility period for such program, except where
				  otherwise described in this subchapter.
(b) The Board or Agency may review or reverse
				  previous decisions if the provider submits new information that may affect the
				  eligibility of such programs.
(c)
				  RAPs shall be removed under this section only if such programs become
				  deregistered under the National Apprenticeship Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.51 - Reporting Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure to submit
				  required annual reporting information, including performance outcomes, in
				  accordance with Agency-determined timelines shall result in removal of affected
				  programs from the statewide ETPL for not less than two years.
(b) Failure to submit information for any
				  individual program shall result in the removal of such program.
(c) Removal shall occur following the end of
				  the reporting period, as determined by the Agency.
(d) Registered Apprenticeship Programs shall
				  be exempt from actions taken under this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.52 - Performance Actions

Current through Reg. 49, No. 28; July 12, 2024
(a) Failure to meet or
				  exceed any performance requirements set by the Commission may result in:
(1) removal of a program from the statewide
				  ETPL, for a period of time determined by the Agency; or
(2) placement in a temporary performance
				  improvement plan at the Agency's discretion.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.53 - Compliance Violations

Current through Reg. 49, No. 28; July 12, 2024
(a) Training
				  providers shall comply with all nondiscrimination protections included in WIOA
				  §188.
(b) Training providers
				  shall designate the Agency as an authorized representative under the Family
				  Educational Rights and Privacy Act regarding the disclosure of education
				  records to be used for audit and/or evaluation purposes and for performance
				  reporting and program evaluation under WIOA and in accordance with 34 Code of
				  Federal Regulations, Part 99.
(c)
				  The Agency shall require providers to submit an acknowledgment of compliance
				  requirements, addressed in subsections (a) and (b) of this section, at initial
				  eligibility determination in electronic format, or by such other means
				  determined by the Agency.
(d) The
				  Agency shall require providers to submit an acknowledgment of compliance
				  requirements, addressed in subsections (a) and (b) of this section, during
				  annual report submission in electronic format or by such other means determined
				  by the Agency.
(e) A local Board or
				  the Agency may determine if a provider has violated any protection provided by
				  WIOA §188. If such determination is made, the provider will be considered
				  to have substantially violated the rules of this chapter.
(f) Providers determined to have
				  substantially violated the rules of this chapter shall have their programs
				  removed from the statewide ETPL immediately. Removal for such violation shall
				  be for not less than two years.
(g)
				  Providers that are no longer licensed in accordance with § 840.10 of this
				  chapter (relating to Appropriate Licensure) shall have their programs
				  immediately removed from the statewide ETPL.
(h) The Agency may require providers that
				  have been determined to have violated the rules of this chapter to repay any
				  funds provided under this chapter during the period of such
				  violation.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.54 - Continuation of Students in Removed Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) Students enrolled in a program removed
				  under this subchapter, except § 840.53 of this subchapter (relating to
				  Compliance Violations), shall be allowed to continue in training when the ITA
				  was encumbered before such removal.
(b) For programs removed under § 840.53
				  of this subchapter, the Agency may require that students be discontinued
				  following removal. Boards may place a student affected by program removal into
				  a similar program, in accordance with local policies, when available.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter F - ADVERSE ACTIONS › Section 840.55 - Right of Appeal

Current through Reg. 49, No. 28; July 12, 2024
(a) Providers or
				  programs, as defined by this chapter, shall have the right to appeal adverse
				  actions included in this subchapter, in accordance with Chapter 823 of this
				  title (relating to Integrated Complaints, Hearing, and Appeals).
(b) Providers subject to removal as a result
				  of any adverse action described in this chapter shall receive notice by the
				  Agency of pending action and their rights to appeal such decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter G - STATE AND LOCAL FLEXIBILITY › Section 840.60 - Determining Target Occupations

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Annually, each Board shall adopt a list of target occupations in the
				  LWDA.
(b) In adopting the list of
				  target occupations, the Board:
(1) shall
				  consider labor market information provided by the Agency; and
(2) may consider additional local information
				  which may include, but is not limited to:
(A)
				  information provided by businesses and business organizations;
(B) information provided by workers and
				  worker organizations; or
(C)
				  information provided by economic development or occupational organization
				  partners.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter G - STATE AND LOCAL FLEXIBILITY › Section 840.61 - Individual Training Accounts

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  participant determined eligible for training may use an ITA to pay for the cost
				  of training programs that are:
(1) included
				  on the statewide ETPL; or
(2)
				  locally approved out-of-state programs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter G - STATE AND LOCAL FLEXIBILITY › Section 840.62 - Training Contracts

Current through Reg. 49, No. 28; July 12, 2024
(a) Training
				  contracts may be used to fund training programs, listed in this section, for
				  participants instead of ITAs.
(b)
				  Boards shall provide participants with access to the statewide ETPL and
				  training contracts as applicable to ensure consumer choice.
(c) When the Local Plan describes the process
				  to be used in selecting providers under such contract, a Board may contract
				  with training programs under the following circumstances:
(1) The training program is an OJT,
				  customized training, incumbent worker training, or transitional jobs training;
				  or
(2) The Board determines that:
(A) there is an insufficient number of ETPs
				  in the workforce area to accomplish the purposes of a system of ITAs;
(B) there is a training program with
				  demonstrated effectiveness offered in Board area by a community-based
				  organization or other private organization to serve individuals with barriers
				  to employment;
(C) it would be most
				  appropriate to award a contract to an institution of higher education or other
				  provider of training services to facilitate the training of multiple
				  individuals in one or more in-demand industry sectors or occupations;
				  or
(D) the Board enters into a
				  pay-for-performance contract for training services.
(3) When funded through contracts, training
				  programs listed in subsection (b) of this section shall be considered exempt
				  from the information and performance requirements required by this
				  chapter.
(4) Training programs
				  listed in this subchapter that request access to the statewide ETPL must comply
				  with licensure and eligibility requirements described in this chapter for such
				  inclusion.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter G - STATE AND LOCAL FLEXIBILITY › Section 840.63 - Local Training Program Information

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards may develop and maintain
				  supplementary information for local programs eligible for Board ITA
				  funds.
(b) The following programs
				  may be included:
(1) Any programs included on
				  the statewide ETPL; and
(2)
				  Out-of-state programs, in accordance with § 840.64 of this subchapter
				  (relating to Out-of-State Training Programs).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 840 - WIOA ELIGIBLE TRAINING PROVIDERS › Subchapter G - STATE AND LOCAL FLEXIBILITY › Section 840.64 - Out-of-State Training Programs

Current through Reg. 49, No. 28; July 12, 2024
(a) The
				  Agency shall not include out-of-state providers without any physical training
				  locations in Texas on the statewide ETPL.
(b) The Agency may allow Boards to fund
				  out-of-state programs through ITAs when the following conditions are met:
(1) The training program is included on an
				  ETPL in another state or US territory at the time of student
				  enrollment;
(2) The training
				  program is aligned with a local target occupation, or target occupation in an
				  area to which the participant is willing to commute or relocate, provided that
				  such location is in Texas;
(3) The
				  training program provides performance information, in such a manner as
				  determined by the Agency, that demonstrates the program meets or exceeds any
				  Commission-established minimum performance standards;
(4) The training program has an existing
				  partnership with a local employer in the workforce area, as documented by a
				  letter of support or existence of an employer advisory committee;
(5) The Board has submitted such required
				  information for the out-of-state program in such manner determined by the
				  Agency;
(6) The Agency executive
				  director has reviewed and approved the out-of-state program for ITA
				  eligibility;
(7) The out-of-state
				  provider and related programs meet ETP eligibility requirements in accordance
				  with Subchapter B of this chapter (relating to Training Provider
				  Eligibility);
(8) Other conditions
				  as required by the Agency; and
(9)
				  Board policy exists that sufficiently addresses such requirements described in
				  this section.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.1 - Scope and Purpose

Current through Reg. 49, No. 28; July 12, 2024
All recipients of Workforce Innovation and Opportunity Act
					 (WIOA) funds received under a contract with the Agency are responsible for
					 meeting the nondiscrimination and equal opportunity requirements included in
					 WIOA §188 (29 USCA §3248), 29 CFR Part 38, the Agency's
					 Nondiscrimination Plan (NDP), and this chapter. WIOA recipients are prohibited
					 from discriminating on the basis of race, color, religion, sex, national
					 origin, age, disability, political affiliation or belief, and, for
					 beneficiaries only, citizenship or participation in a WIOA Title I financially
					 assisted activity.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.2 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms when used in this subchapter,
					 shall have the following meanings, unless the context clearly indicates
					 otherwise.
(1) Babel notice--As
				  defined by
				  29
				  CFR §
											38.4(i), a short
				  notice included in a document or electronic medium (for example, website, app,
				  email) in multiple languages informing the reader that the communication
				  contains vital information and explaining how to access language services to
				  have the contents of the communication provided in other languages.
(2) Beneficiary--An individual or individuals
				  intended by Congress to receive aid, benefits, services, or training from a
				  recipient.
(3) Complainant--An
				  individual alleging a violation of WIOA §188 (29 USCA §3248) or 29
				  CFR Part 38.
(4) CRC--The Civil
				  Rights Center of the US Department of Labor (DOL).
(5) EO Officer--The individual responsible
				  for coordinating a recipient's responsibilities under the nondiscrimination and
				  equal opportunity provisions of WIOA §188 (29 USCA §3248) and 29 CFR
				  Part 38..
(6) NDP--The
				  Nondiscrimination Plan developed by the Agency and described in 29 CFR Part
				  38.
(7) Recipient--Any entity to
				  which financial assistance under WIOA Title I is extended directly from DOL,
				  through the governor or through another recipient (including any successor,
				  assignee, or transferee of a recipient), but excluding the ultimate
				  beneficiaries of the WIOA Title I--funded services or activities. The term
				  "recipient" includes, but is not limited to, Boards; workforce area grant
				  recipients; one-stop operators; service providers, including eligible training
				  providers; and employers that provide on-the-job training. One-stop partners
				  (Workforce Solutions Office partners) are also considered recipients to the
				  extent that they participate in the one-stop delivery system. A complete
				  definition of "recipient" can be found in
				  29
				  CFR §
											38.4(zz). When
				  used in this subchapter, the term "recipient" does not include the Commission
				  or Agency.
(8) Respondent--A grant
				  applicant or recipient (including the governor) against which a complaint has
				  been filed under the nondiscrimination and equal opportunity provisions of WIOA
				  §188 (29 USCA §3248) or 29 CFR Part 38.
(9) Service provider--As defined in
				  29
				  CFR §
											38.4, any operator or provider of
				  WIOA aid, benefits, services, or training when used in this subchapter, does
				  not include one-stop operators.
(10) Small recipient--A recipient that serves
				  a total of fewer than 15 beneficiaries during the entire grant year and employs
				  fewer than 15 employees on any given day during the grant year.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.3 - Assurances

Current through Reg. 49, No. 28; July 12, 2024
(a) Recipients shall comply with the
				  assurances requirements of
				  29
				  CFR §§38.25 -
				  38.27. All applications
				  for financial assistance under Title I of WIOA shall include the assurances
				  required by
				  29
				  CFR §
											38.25. Recipients shall ensure
				  that all contracts, agreements, grants, cooperative agreements, or other
				  arrangements under which WIOA Title I funds are available shall include or
				  incorporate by reference the assurances contained in
				  29
				  CFR §
											38.25.
(b) Recipients shall include in any
				  instrument effecting or recording a transfer of property acquired or improved
				  under a WIOA Title I program the covenant required by
				  29 CFR
				  §
											38.27 assuring nondiscrimination and
				  equal opportunity.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.4 - EO Officers

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  recipient, except small recipients and service providers, shall designate a
				  senior-level employee (
				  29 CFR
				  §
											38.29 ) to act as EO Officer and to
				  report directly to the recipient's administrative officer. The recipient's
				  executive director shall not be designated as the recipient's EO
				  Officer.
(b) Each recipient's EO
				  Officer shall:
(1) serve as the recipient's
				  liaison with the State-Level EO Officer; the Board EO Officer, if appropriate;
				  and the CRC, if necessary;
(2)
				  conduct annual monitoring and investigate the recipient's WIOA Title I--funded
				  subrecipients to ensure that the recipient and its subrecipients are not
				  violating nondiscrimination and equal opportunity provisions of WIOA §188
				  (29 USCA §3248), 29 CFR Part 38, and the state NDP;
(3) review the recipient's written policies
				  to ensure that those policies are nondiscriminatory;
(4) coordinate the recipient's compliance
				  activities under WIOA §188 (29 USCA §3248) and 29 CFR Part
				  38;
(5) assist complainants in
				  completing complaint forms;
(6) be
				  responsible for accepting discrimination complaints, and forwarding such
				  complaints to the Agency or other jurisdictional entity;
(7) conduct outreach and education about
				  equal opportunity and nondiscrimination requirements; and
(8) undergo, at the recipient's expense,
				  nondiscrimination and equal opportunity training to maintain competency when
				  such training is required by CRC or the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.5 - Notice and Communication

Current through Reg. 49, No. 28; July 12, 2024
(a) Each
				  recipient shall comply with the notice and communication requirements of
				  29
				  CFR §§38.34 -
				  38.40.
(b) The notice required by
				  29 CFR §
											38.35 shall be made available to each
				  participant and made part of each participant's file. A copy of an
				  acknowledgment of receipt of notice, in a format determined by the State-Level
				  Agency EO Officer and signed by the participant, must be maintained in each
				  participant's file. This information must be communicated in appropriate
				  languages as required by
				  29
				  CFR §
											38.9 and in formats accessible for
				  individuals with disabilities as required in
				  29 CFR §
											38.15.
(c) The notice shall be posted prominently,
				  in reasonable numbers and places, in physical locations and on the recipient's
				  website.
(d) Each recipient shall
				  comply with the tagline requirements of
				  29 CFR §
											38.38 for recruitment brochures and other
				  materials as described in
				  29 CFR
				  §38.38.
(e) When communicating vital information to
				  participants, recipients must incorporate a Babel notice into the communication
				  as required by
				  29
				  CFR §
											38.9(g)(3). The
				  notice must indicate in appropriate languages that language assistance is
				  available free of charge.
(f) For
				  information and services accessed electronically, each recipient shall
				  establish a procedure that ensures that the notice requirements of 29 CFR Part
				  38 are met.
(g) Each Board shall
				  ensure compliance with and dissemination of information regarding the
				  requirements of 29 CFR Part 38 by assuring that training regarding the
				  nondiscrimination and equal opportunity requirements of WIOA is provided to the
				  Board, the operator of the Workforce Solutions Office, other workforce area
				  recipients, and recipients' staffs.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.6 - Data and Information Collection and Maintenance

Current through Reg. 49, No. 28; July 12, 2024
(a) Each recipient shall collect such data
				  and maintain such records, in accordance with the requirements of
				  29
				  CFR §§38.41 -
				  38.45
				  and the procedures prescribed by the Director of CRC, as the Director finds
				  necessary to determine whether the recipient has complied or is complying with
				  the nondiscrimination and equal opportunity provisions of WIOA and 29 CFR Part
				  38.
(b) Each recipient shall permit
				  access by the Agency or its designated agent during normal business hours to
				  its premises and to its employees and participants for the purpose of
				  conducting complaint investigations, compliance reviews, and monitoring
				  activities, and for inspecting and copying such books, records, accounts, and
				  other materials as may be pertinent to ascertain compliance with and ensure
				  enforcement of the nondiscrimination and equal opportunity provisions of
				  WIOA.
(c) Each recipient shall
				  notify the State-Level EO Officer within five business days of receipt of any
				  complaint, administrative enforcement action, or lawsuit filed against the
				  recipient alleging discrimination on the ground of race, color, religion, sex,
				  national origin, age, disability, political affiliation or belief, and, for
				  WIOA beneficiaries only, citizenship or participation in a WIOA Title I
				  financially assisted program or activity. This notification shall include:
(1) the names of the parties to the
				  complaint, action, or lawsuit;
(2)
				  the forum in which each case was filed; and
(3) the relevant case numbers or, if
				  applicable, other identifying information.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.7 - Affirmative Outreach

Current through Reg. 49, No. 28; July 12, 2024
As required in
					 29 CFR §
											38.40, recipients shall take appropriate
					 steps to ensure that they are providing equal access to WIOA Title I
					 financially assisted programs and activities. These steps must involve
					 reasonable efforts to include the various groups protected by these
					 regulations, including, but not limited to, different sexes, various racial and
					 ethnic/national origin groups, various religions, individuals with limited
					 English proficiency, individuals with disabilities, and individuals in
					 differing age groups. Such efforts may include, but are not limited to:
(1) advertising the recipient's programs
				  and/or activities in media, such as newspapers or radio programs, that
				  specifically target various populations;
(2) sending notices about openings in the
				  recipient's programs and/or activities to schools or community service groups
				  that serve various populations; and
(3) consulting with appropriate community
				  service groups about ways in which the recipient may improve its outreach and
				  service to various populations.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.8 - Filing Complaints of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) Any individual who believes that they or
				  any specific class of individuals have been or is being subjected to
				  discrimination prohibited by WIOA or 29 CFR Part 38 may file a written
				  complaint, either alone or through a representative.
(b) A complainant may file a complaint with:
(1) the local Board EO Officer;
(2) the State-Level EO Officer at: Texas
				  Workforce Commission, 101 E. 15th Street, Room 504, Austin, Texas 78778;
				  or
(3) the Director of the Civil
				  Rights Center at: US Department of Labor, 200 Constitution Ave. NW, Room
				  N-4123, Washington, DC 20210, or the address listed in 29 CFR Part
				  38.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.9 - Notice of Receipt of Complaint of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
The receiving EO Officer shall issue a written
					 acknowledgment of receipt of a complaint alleging discrimination by a WIOA
					 recipient and shall include a notice of the complainant's right to
					 representation in the complaint process.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.10 - Jurisdiction of Complaints of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) The EO Officer shall accept and
				  investigate only those discrimination complaints alleging a violation of WIOA
				  §188 (29 USCA §3248) or 29 CFR Part 38 by a respondent.
(b) If a complaint filed with the Agency
				  alleges discrimination by a recipient on a basis that is both prohibited by
				  WIOA §188 (29 USCA §3248) and by a federal law enforced by a federal
				  grant-making agency other than DOL, and the recipient is funded in whole or in
				  part by that other federal agency, the State-Level EO Officer shall refer the
				  complaint to the other federal agency for processing under the other federal
				  agency's procedures.
(c) If the EO
				  Officer determines that the Board or Agency does not have jurisdiction over the
				  complaint, the EO Officer shall provide written notification to the complainant
				  which includes:
(1) a statement of the
				  reasons for the determination; and
(2) a notice that the complainant may file a
				  complaint with CRC within 30 days of the receipt of the notification.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.11 - Acceptance of Complaints of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) The EO Officer shall issue to the
				  complainant a statement of the issues raised in the complaint and a statement
				  regarding each issue of whether the Board or Agency will accept the issue for
				  investigation or reject the issue with the reasons for any rejection.
(b) The statement of acceptance of issues
				  raised in the complaint shall include a notice informing the complainant that
				  the complainant may choose to participate in an alternative dispute resolution
				  process rather than the customary process described in 29 CFR § 38.72 and
				  § 842.13 of this subchapter (relating to Processing of Accepted Complaints
				  of Discrimination).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.12 - Alternative Dispute Resolution of Complaint of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) Each Board shall establish a written
				  alternative dispute resolution (ADR) procedure. The Board EO Officer shall be
				  responsible for implementing the ADR procedure in the case of a complaint
				  within the workforce area.
(b) A
				  complainant within the workforce area may choose to use the Board's ADR
				  procedure rather than the complaint processing procedure described in 29 CFR
				  § 38.72 and § 842.13 of this subchapter (relating to Processing of
				  Accepted Complaints of Discrimination). If the complainant elects to use the
				  Board's ADR procedure, the complainant shall file notice of this election
				  within seven calendar days of the complainant's receipt of the Board's initial
				  written notice. The ADR process shall be completed within 40 days from the date
				  of the initial written notice.
(c)
				  The Board EO Officer shall coordinate the scheduling of mediation with a
				  qualified mediator at a location convenient to the complainant and
				  respondent.
(d) The Board EO
				  Officer shall file with the Agency a copy of the final agreement or the notice
				  of failure to reach an agreement within 10 days of reaching that
				  determination.
(e) If the parties
				  do not reach an agreement under the ADR process, the EO Officer shall process
				  the complaint as described in 29 CFR § 38.72 and § 842.13 of this
				  subchapter.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.13 - Processing of Accepted Complaints of Discrimination

Current through Reg. 49, No. 28; July 12, 2024
(a) If a complainant elects not to
				  participate in the alternative dispute resolution (ADR) process or if an
				  agreement is not achieved through an ADR process, the EO Officer shall
				  investigate the circumstances underlying the complaint.
(b) The EO Officer shall attempt to resolve
				  the complaint. At any point in the investigation of a complaint, the
				  complainant, respondent, or the EO Officer may request that the parties attempt
				  conciliation. The EO Officer shall act to facilitate such conciliation
				  efforts.
(c) Within 90 days of the
				  date of receipt of the complaint, the EO Officer shall issue a Notice of Final
				  Action that shall include:
(1) for each issue
				  raised, the decision on the issue and reasons for the decision, or a
				  description of the way the parties resolved the issue; and
(2) notice that the complainant has the right
				  to file a complaint with CRC within 30 days of the date on which the Notice of
				  Final Action is issued, if the complainant is dissatisfied with the final
				  action on the complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.14 - Corrective Actions and Remedies

Current through Reg. 49, No. 28; July 12, 2024
(a) As
				  part of the Notice of Final Action, the Board may impose any corrective or
				  remedial action, which may be imposed by the Director of CRC, under
				  29
				  CFR §
											38.90.
(b) In addition to the corrective actions and
				  remedies described in
				  29
				  CFR §
											38.90, the Agency may require that
				  the respondent complete one or more of the following:
(1) development of an appropriate equal
				  opportunity policy;
(2) removal of
				  any discriminatory information from the complainant's records; and
(3) delivery of equal opportunity training to
				  all staff members.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 842 - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Subchapter A - WIOA NONDISCRIMINATION AND EQUAL OPPORTUNITY › Section 842.15 - Sanctions

Current through Reg. 49, No. 28; July 12, 2024
If the Agency finds a recipient to be in violation of the
					 nondiscrimination and equal opportunity provisions of WIOA, or such entity has
					 not accepted a suggested resolution or conciliation agreement, or has breached
					 an established resolution or conciliation agreement, sanctions may be imposed
					 pursuant to Chapter 802, Subchapter G of this title (relating to
					 Sanctions).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 843 - JOB MATCHING SERVICES › Subchapter A - GENERAL PROVISIONS › Section 843.1 - Employer and Job Seeker Services

Current through Reg. 49, No. 28; July 12, 2024
(a) Purpose.
				  Job matching services provide the public with a clearinghouse for exchanging
				  information on job postings and job seekers. This section sets forth for
				  employers and job seekers the methods available for accessing the clearinghouse
				  of employer and job seeker information.
(b) Employer Postings of Job Openings.
				  Employers may obtain access to the job matching services, including information
				  to assist employers in posting job openings in the job matching system, by one
				  or more of the following methods:
(1)
				  registering directly using the Internet-based job matching system at
				  www.workintexas.com;
(2) calling or
				  visiting any Workforce Solutions Office in Texas; or
(3) through any other means approved by the
				  Local Workforce Development Board (Board) in consultation with Workforce
				  Solutions Office staff located in the local workforce development area
				  (workforce area) in which the open position exists, including sending or
				  requesting information by mail or facsimile.