reglab/statecodes huggingface dataset:
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 843 - JOB MATCHING SERVICES › Subchapter A - GENERAL PROVISIONS › Section 843.2 - Public Employer Requirements Regarding Military Employment Preference

Current through Reg. 49, No. 28; July 12, 2024
(a) A public entity or public work shall
				  provide information to the Agency, as specified in Texas Government Code §
										657.009, regarding
				  any open position subject to the military employment preferences set forth in
				  Texas Government Code Chapter 657, unless specifically exempted under the state
				  statute.
(b) A public entity or
				  public work shall provide information by one or more of the methods indicated
				  in §843.1(b)(1) - (3) relating to the Employer Postings of Job Openings
				  and submit basic information regarding the opening to the Agency as soon as
				  practical, including the following:
(1) the
				  name of the public entity;
(2) the
				  location where the job is to be performed including city and state;
(3) a description of the job
				  opening;
(4) the minimum
				  educational and work experience required for the position; and
(5) contact information regarding the
				  opening.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 843 - JOB MATCHING SERVICES › Subchapter A - GENERAL PROVISIONS › Section 843.3 - Public Employer Requirements Regarding E-Verify

Current through Reg. 49, No. 28; July 12, 2024
(a) State agencies and institutions of higher
				  education, as defined by Texas Education Code §
										61.003, shall
				  register and participate in the federal electronic verification of employment
				  authorization program, E-Verify, for all newly hired employees, as specified in
				  Texas Government Code §
										673.002, unless
				  specifically exempted under the state statute.
(b) In accordance with Texas Government Code
				  §
										673.002, the Agency:
(1) shall provide notice, registration
				  information, and online forms for the E-Verify program to state agencies;
				  and
(2) may provide technical
				  assistance, upon request.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 845 - TEXAS WORK AND FAMILY POLICIES RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 845.1 - Goals and Purpose

Current through Reg. 49, No. 28; July 12, 2024
The purpose of the Texas Work and Family Policies Resources
					 is to provide technical assistance and information on dependent care and other
					 employment-related family issues to public and private employers, state
					 agencies, policymakers, and individuals.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 845 - TEXAS WORK AND FAMILY POLICIES RESOURCES › Subchapter A - GENERAL PROVISIONS › Section 845.2 - 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) Dependent care--Care
				  for a child, adult, or disabled relative who is claimed as a dependent for
				  federal income tax purposes, that has an impact on employment-related family
				  issues.
(2) Grant applicant--A
				  public or private person as defined in the request for proposal or request for
				  application published by the Agency.
(3) Grant recipient--A public or private
				  person awarded a grant from the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 845 - TEXAS WORK AND FAMILY POLICIES RESOURCES › Subchapter B - DEPENDENT CARE GRANTS › Section 845.11 - Submission of Grant Requests

Current through Reg. 49, No. 28; July 12, 2024
(a) A grant
				  applicant may submit a grant request to the Agency in response to requests for
				  proposals or requests for applications.
(b) The Request for Proposal or Request for
				  Application will include a deadline for submission if applicable, a statement
				  of work related to the use of the funds, any information related to the use of
				  the funds and any other requirements established by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 845 - TEXAS WORK AND FAMILY POLICIES RESOURCES › Subchapter B - DEPENDENT CARE GRANTS › Section 845.12 - Criteria for Awarding Grants

Current through Reg. 49, No. 28; July 12, 2024
The Agency may consider the following factors in awarding
					 grants:
(1) the purpose for which the
				  specific grant is intended;
(2)
				  coordination requirements with employer organizations, employee organizations,
				  child health agencies, and the category of dependent care to be
				  addressed;
(3) reporting and
				  monitoring requirements;
(4) the
				  appeal process applicable to the grant; and
(5) other criteria included by the
				  Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 845 - TEXAS WORK AND FAMILY POLICIES RESOURCES › Subchapter B - DEPENDENT CARE GRANTS › Section 845.13 - Cancellation or Other Corrective Action

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Cancellation. The Agency may cancel a grant if the Agency determines that the
				  grant recipient has failed to perform as required in the grant request or
				  award, or for circumstances that lead the Agency to believe the grant recipient
				  will fail to substantially comply with the terms set forth in the request for
				  proposal, request for application, contract, or interagency agreement. Grounds
				  for cancellation may also include: failure to ensure a program's intended
				  results; waste, fraud or abuse of resources; and failure to timely capture,
				  report, or use information to improve decision making.
(b) Corrective Action. The Agency may take
				  corrective action in lieu of cancellation if it is determined by the Agency to
				  be the best course of action to facilitate the maximum use of funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter A - GENERAL PROVISIONS › Section 849.1 - Purpose

Current through Reg. 49, No. 28; July 12, 2024
(a) The purpose of this chapter is to ensure:
(1) statewide availability of services under
				  the federal and state statutes and regulations relating to services to
				  dislocated workers eligible for Trade benefits through the Workforce Solutions
				  Offices consistent with Chapter 801 of this title (relating to Local Workforce
				  Development Boards);
(2)
				  coordination and integration of services to dislocated workers eligible for
				  Trade benefits through the Workforce Solutions Offices consistent with state
				  law, the Trade Act, and the Workforce Innovation and Opportunity Act. For the
				  purposes of this chapter, references to the "Trade Act" include references to
				  the federal statutes relating to the Trade Act of 1974, as amended;
				  and
(3) provision of Rapid Response
				  services, as set forth in §
											849.21(b)
				  of this chapter, following an announcement or notification of a permanent
				  closure or mass layoff or the filing of a Trade Adjustment Assistance petition
				  with the United States Department of Labor.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter A - GENERAL PROVISIONS › Section 849.2 - 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) Adversely affected
				  employment--Employment in which workers are eligible to apply for Trade
				  Adjustment Assistance (TAA).
(2)
				  Adversely affected incumbent worker--An individual who:
(A) is a member of a worker group certified
				  as eligible to apply for the TAA Program;
(B) has not been totally or partially
				  separated from adversely affected employment; and
(C) is threatened with total or partial
				  separation, as determined by the United States Department of Labor
				  (DOL).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter A - GENERAL PROVISIONS › Section 849.3 - Trade Service Strategy

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall
				  ensure that their strategic planning process includes an analysis of the local
				  labor market to:
(1) determine employer
				  needs;
(2) determine emerging,
				  targeted, and in-demand occupations and the earning potential of those
				  occupations;
(3) determine skill
				  requirements of local in-demand occupations; and
(4) identify job vacancy listings and the
				  skills necessary to obtain the jobs identified in the listings, which include
				  those with a potential for career advancement.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter B - TRADE SERVICES RESPONSIBILITIES › Section 849.11 - General Board Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
(a) Board
				  Planning. A Board shall amend and modify its integrated workforce training and
				  services plan to incorporate and coordinate the design, policy development, and
				  management of the delivery of Trade activities and support services with the
				  delivery of other workforce employment, training, and educational services
				  identified in Texas Government Code, §
										2308.251 et seq., as
				  well as other training and services included in the One-Stop Service Delivery
				  Network as set forth in Chapter 801 of this title.
(b) Reporting. Boards shall ensure that
				  documentation is maintained as required by the Agency, including documentation
				  required in the Agency's automated reporting system.
(c) Monitoring. A Board shall ensure that the
				  monitoring of program requirements and trade-affected worker activities is part
				  of the monitoring required under Chapter 802, Subchapter D of this title
				  (relating to Agency Monitoring Activities) and, in particular, that the
				  monitoring is ongoing and frequent, as determined appropriate by the Board, and
				  consists of the following:
(1) timely and
				  accurate reporting of data required for the provision of services to the
				  trade-affected worker;
(2) tracking
				  and reporting of participation;
(3)
				  tracking and reporting of support services;
(4) ensuring progress toward achieving the
				  goals and objectives through benchmarking, as established in the worker's IEP
				  and defined in §
											849.2(8)
				  of this chapter; and
(5) monitoring
				  other requirements, as prescribed by the Commission.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter B - TRADE SERVICES RESPONSIBILITIES › Section 849.12 - Trade-Affected Worker Responsibilities

Current through Reg. 49, No. 28; July 12, 2024
As required by the Trade Act, dislocated workers eligible
					 for Trade benefits shall:
(1) apply for
				  UI and TRA benefits in the manner, and pursuant to the time limits, prescribed
				  by federal and state statutes and regulations;
(2) contact the local Workforce Solutions
				  Office and register for work by enrolling in the Agency's automated job
				  matching system;
(3) attend Rapid
				  Response and Trade orientation activities;
(4) report to the employer to whom they are
				  referred for suitable employment;
(5) accept a job offer and/or retain
				  employment, if it meets the criteria for suitable employment;
(6) attend scheduled appointments with the
				  case manager, if no suitable employment is available;
(7) review labor market information and
				  expected wage of the new occupation;
(8) fully participate in Trade-approved
				  training as defined by the training provider and/or the Agency;
(9) notify the case manager prior to
				  modifying Trade-approved training by adding or dropping coursework;
(10) maintain satisfactory academic standing
				  and progressing in Trade-approved training as stipulated in the IEP;
				  and
(11) report to employers, as
				  referred by case managers, upon completing training.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter C - TRADE SERVICES › Section 849.21 - Activities Prior to Certification of a Trade Petition

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall develop intervention
				  strategies for providing Workforce Solutions Office services, which ensure
				  rapid and suitable employment for trade-affected workers and dislocated workers
				  eligible for Trade benefits.
(b)
				  Boards shall ensure that Rapid Response assistance is provided consistent with
				  Workforce Innovation and Opportunity Act (WIOA) Title I Rapid Response
				  services, including the following:
(1)
				  contacting the employer immediately upon the filing of a Trade petition,
				  receipt of a WARN letter, the announcement of a layoff involving 50 or more
				  workers, other notification of pending layoff, or a mass job dislocation that
				  results from a natural disaster;
(2) scheduling a meeting with the employer
				  and workers to ensure notification of Rapid Response services, including
				  availability of UI mass claims;
(3)
				  scheduling services for workers, including:
(A) orientation to Trade Act benefits, which
				  includes the following:
(i) TRA; and
(ii) Trade Act-funded employment and training
				  activities; and
(B)
				  orientation to labor market information, including wage data and the
				  availability of demand and targeted occupations as defined by the
				  Board;
(4) assisting
				  employers, workers, and labor unions with filing Trade petitions with the
				  United States Department of Labor;
(5) providing initial assessment of the
				  trade-affected worker's skill levels, (including literacy, numeracy, and
				  English language proficiency), abilities (including skill gaps), and need for
				  support services;
(6) helping
				  affected workers register in the state's labor exchange system; and
(7) coordinating with the appropriate UI
				  field specialist.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter C - TRADE SERVICES › Section 849.22 - Postcertification of a Trade Petition

Current through Reg. 49, No. 28; July 12, 2024
(a)
				  Boards shall ensure that:
(1) trade-affected
				  workers are referred to Workforce Innovation and Opportunity Act (WIOA) career
				  and training services, consistent with WIOA eligibility criteria, the needs of
				  the worker, and a Board's policies and procedures; and
(2) the coenrollment of Trade-certified
				  workers in WIOA Title I dislocated worker services shall not interfere with the
				  timely provision of TAA services.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter C - TRADE SERVICES › Section 849.23 - Training

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall ensure that Trade-funded
				  training is approved as set forth in this subsection. Training must:
(1) meet the criteria established in 20 Code
				  of Federal Regulations §618.610;
(2) use training providers that are licensed
				  under applicable state law or exempt from such requirements, or possessing
				  accreditation recognized by the United States Department of
				  Education;
(3) be specific to the
				  worker's occupational goals;
(4)
				  meet the needs of employers and ensure the trade-affected worker has a
				  reasonable expectation of employment; and
(5) be capable of being completed and a
				  degree or credential secured within the maximum time frame.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter D - SUPPORT SERVICES › Section 849.41 - Support Services for Dislocated Workers Eligible for Trade Benefits

Current through Reg. 49, No. 28; July 12, 2024
(a) Boards shall ensure that support services
				  available under Workforce Innovation and Opportunity Act Title I dislocated
				  worker services are made available to dislocated workers eligible for Trade
				  benefits under existing Board policies and procedures.
(b) Support services may include payment or
				  reimbursement from sources other than Trade Act funds for:
(1) child care services that are governed by
				  rules contained in Chapter 809 of this title;
(2) local transportation services;
(3) housing assistance, if necessary;
				  and
(4) dependent care.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter E - COMPLAINTS AND APPEALS › Section 849.51 - Appeals of Commission Determinations on Trade Act Activities

Current through Reg. 49, No. 28; July 12, 2024
(a) A Commission determination or decision
				  may be appealed by the party who is adversely affected by the decision. The
				  decision shall include the information necessary to appeal the decision.
				  Decisions that may be appealed include determinations pertaining to eligibility
				  for Trade Act activities, services, and monetary allowances regarding a
				  trade-affected worker's application for:
(1)
				  waivers of training;
(2) job search
				  allowances;
(3) job relocation
				  allowances;
(4) Trade Readjustment
				  Allowances;
(5) training;
				  and
(6) any other appealable action
				  allowable under the Trade Act.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 849 - EMPLOYMENT AND TRAINING SERVICES FOR DISLOCATED WORKERS ELIGIBLE FOR TRADE BENEFITS › Subchapter E - COMPLAINTS AND APPEALS › Section 849.52 - Discrimination Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) A
				  trade-affected worker alleging discrimination on the basis of age, race, color,
				  national origin, or physical or mental disability has a right to file a written
				  complaint of alleged discriminatory acts within 180 calendar days from the date
				  of the alleged discriminatory acts. Complaints shall be submitted to the Texas
				  Workforce Commission Equal Opportunity Department, 101 East 15th Street, Room
				  220, Austin, Texas 78778-0001.
(b)
				  Boards shall ensure that the Board or the Board's service providers advise
				  individuals who express an interest in filing a discrimination complaint of
				  their right to file a complaint and the complaint procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.3 - Definitions

Current through Reg. 49, No. 28; July 12, 2024
The following words and terms, when used in this chapter,
					 have the following meanings, unless the context clearly indicates
					 otherwise:
(1) 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 the State of Texas. The
				  definition of "Agency" shall apply to all uses of the term in this
				  chapter.
(2) State Plan--The plan
				  for vocational rehabilitation services submitted by the Vocational
				  Rehabilitation Division in compliance with Title I of the Rehabilitation Act of
				  1973, as amended.
(3) Vocational
				  rehabilitation counselor--An Agency employee who is trained to provide
				  vocational guidance and counseling and meets the minimum qualifications
				  designated in a functional job description.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.4 - Opportunities for Citizen Participation

Current through Reg. 49, No. 28; July 12, 2024
In addition to other procedures listed in Part 2 of this
					 title (relating to Department of Assistive and Rehabilitative Services),
					 individuals with disabilities, parents of infants and toddlers with
					 disabilities, and other citizens have the opportunity to:
(1) voice concerns through public
				  representation on Agency committees, councils, and boards;
(2) attend and make public comments at open
				  meetings (notices of all open meetings and agenda items are published in
				  accordance with the Texas Open Meetings Act );
(3) comment on all proposed rules;
				  and
(4) submit a petition
				  requesting the adoption of rules pursuant to Chapter 800, Subchapter G of this
				  title (relating to Petition for Adoption of Rules).
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.5 - Complaints

Current through Reg. 49, No. 28; July 12, 2024
(a) Complaints may be filed with the Agency
				  either through mail, email, phone, facsimile, or by videotape for individuals
				  who use sign language to communicate. Complaints should be directed to the
				  customer's local vocational rehabilitation office or may be submitted to the
				  Agency's Customer Relations staff as indicated on the Agency's
				  website.
(b) For the purpose of
				  directing complaints to the Agency, the Agency may notify customers and service
				  recipients of its name, mailing address, and telephone number by including the
				  information:
(1) on each registration form,
				  application, or written contract relating to participation in a program that is
				  funded in any part by money derived from or through the Agency;
(2) on a sign that is prominently displayed
				  in the place of business of each individual or entity engaging in a program
				  that is funded in any part by money derived from or through the
				  Agency;
(3) in a bill for service
				  provided by an individual or entity engaging in a program that is funded in any
				  part by money derived from or through the Agency; or
(4) in other media for dissemination of
				  information as determined by the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.7 - Monitoring and Oversight of Vocational Rehabilitation Counselor Performance and Decision Making

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vocational
				  Rehabilitation Division will provide specific guidance to vocational
				  rehabilitation (VR) counselors as required by Texas Labor Code, §
										352.104.
(b) VR counselor supervisors shall ensure
				  that VR counselors complete all required and necessary training.
(c) VR counselor supervisors shall monitor VR
				  counselor performance through case reviews, offer required training, and use
				  other tools, as appropriate, to provide guidance and enhance VR counselor
				  performance and decision making.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.6 - Cooperation with Other Public Agencies

Current through Reg. 49, No. 28; July 12, 2024
The Agency enters into appropriate cooperative arrangements
					 with, and uses the services and facilities of, other federal, state, and local
					 public agencies providing services related to rehabilitation of individuals
					 with disabilities. The Agency also works toward maximum coordination and
					 consultation with programs for and relating to rehabilitation of veterans with
					 disabilities.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter A - VOCATIONAL REHABILITATION GENERAL RULES › Section 850.11 - Qualified Vocational Rehabilitation Counselor

Current through Reg. 49, No. 28; July 12, 2024
(a) The Vocational Rehabilitation Division
				  (VRD) helps vocational rehabilitation (VR) counselors to meet the Comprehensive
				  System of Personnel Development (CSPD) standard, as set forth in 34 Code of
				  Federal Regulations §361.18, by making funds available through the
				  Qualified Vocational Rehabilitation Counselor (QVRC) program for the required
				  graduate education except when:
(1) unforeseen
				  circumstances occur that may restrict or prohibit the funding; or
(2) VRD management discontinues a VR
				  counselor's participation in the program in the best interests of
				  VRD.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 850.32

Current through Reg. 49, No. 28; July 12, 2024
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 850.33 - Tasks

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas (RCT) shall:
(1) review, analyze, and advise the
					 Vocational Rehabilitation Division (VRD) about its performance of
					 responsibilities, particularly those relating to:
(A) eligibility determination (including
					 order of selection);
(B) the
					 extent, scope, and effectiveness of services provided; and
(C) functions performed by VRD that
					 potentially affect the ability of individuals with disabilities to achieve
					 rehabilitation goals and objectives;
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 850.34 - Reports

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas shall:
(1) prepare and submit an annual report to
					 the governor or appropriate state entity and the Commission on the status of
					 vocational rehabilitation programs operated within the state, and make the
					 report available to the public; and
(2) submit to the commissioner of the
					 Rehabilitation Services Administration, United States Department of Education,
					 periodic reports that the commissioner may reasonably request, and keep records
					 that the commissioner finds necessary to verify those reports.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter C - COUNCILS, BOARD, AND COMMITTEES › Division 1 - REHABILITATION COUNCIL OF TEXAS › Section 850.35 - Funding

Current through Reg. 49, No. 28; July 12, 2024
The Rehabilitation Council of Texas is funded primarily
						by federal funds, and its existence is required in order for the Agency to
						receive and expend federal funds.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 850.50 - Privacy Policies

Current through Reg. 49, No. 28; July 12, 2024
In accordance with Chapter 559, Government Code, the Agency
					 adheres to the following privacy policies.
(1) Right to be informed about information
				  collected. An individual has the right to be informed about information that
				  the Agency collects about the individual unless the Agency is allowed to
				  withhold the information from the individual under Government Code, §
				  552.023(b).
(2) Right to receive
				  notice about certain information laws and practices.
(A) When the Agency collects information
				  about an individual by means of a form that the individual completes and files
				  with the Agency, the Agency informs the individual of his or her rights related
				  to the information collected. If the form is in a paper format, the Agency
				  posts a prominent notice of the individual's rights on the form. Or if the form
				  is in an electronic format on an Internet site, the Agency prominently posts
				  the notice on the Internet site in connection with the electronic form. The
				  notice states that:
(i) with few exceptions,
				  the individual is entitled on request to be informed about the information that
				  the Agency collects about the individual;
(ii) under the Government Code, §
				  552.021 and § 552.023, the individual may receive and review the
				  information; and
(iii) under the
				  Government Code, § 559.004, the individual may have the Agency correct
				  information about the individual that is incorrect.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter D - PRIVACY AND CONFIDENTIALITY › Section 850.51 - Confidentiality of Customer Information in Vocational Rehabilitation Services Program

Current through Reg. 49, No. 28; July 12, 2024
(a) Customer records.
(1) All personal information available to
				  Agency employees as they administer rehabilitation services programs, including
				  names, addresses, and records of customer evaluations, is
				  confidential.
(2) The Agency may
				  use such information and records only for purposes directly connected with
				  administering the vocational rehabilitation programs.
(3) The Agency may directly or indirectly
				  disclose information only in administering the rehabilitation programs, except
				  with the customer's written consent, in compliance with a court order, or in
				  accordance with a federal or state law or regulation. The Agency may not share
				  information containing identifiable personal information with advisory or other
				  bodies that do not have official responsibilities for administration of the
				  programs.
(4) Upon a customer's
				  request, the Agency releases information to the customer or, as appropriate,
				  his or her parent, guardian, or other representative. If, in the opinion of the
				  counselor, release to the customer of a particular document in the customer
				  case file will have a harmful effect on the customer, the customer will be
				  notified that there is information in the case file that can be released only
				  to an appropriate representative designated in writing by the
				  customer.
(5) All customer
				  information is the property of the Agency.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.60 - Scope

Current through Reg. 49, No. 28; July 12, 2024
(a) The following statutes and regulations
					 authorize the procedures established by this subchapter:
(1) The Rehabilitation Act of 1973, as
					 amended, 29 United States
					 Code §
													701 et seq. and regulations of
					 the United States Department of Education, Rehabilitation Services
					 Administration, 34 Code of Federal Regulations (CFR) Part 361, as amended,
					 relating to the State Vocational Rehabilitation Services Program;
(2) 34 CFR Part 367 , as amended, relating to
					 the Independent Living Services for Older Individuals Who Are Blind (ILS-OIB);
					 and
(3) 34 CFR Part 370 , as
					 amended, relating to the Client Assistance Program.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.62 - Filing a Request for Review

Current through Reg. 49, No. 28; July 12, 2024
(a) Any applicant
					 or eligible individual who is dissatisfied with a determination made by the
					 Agency, as described in §
											850.60 of this subchapter
					 (relating to Scope), may request, or, if appropriate, may request through the
					 individual's authorized representative, a review of the determination. Although
					 no prescribed form is required to file a request, preprinted forms for this
					 purpose are available on request within the Agency's Office of General Counsel
					 or at any Agency vocational rehabilitation office.
(b) The request for a review shall be filed
					 within 180 calendar days from the date of the determination and shall be filed
					 in writing with the hearings coordinator within the Agency's Office of General
					 Counsel. A request shall be considered filed on the day that it is received by
					 the hearings coordinator within the Agency's Office of General
					 Counsel.
(c) On receiving a request
					 for review, the hearings coordinator within the Agency's Office of General
					 Counsel shall, within five working days, mail the appellant:
(1) the name, address, and telephone number
					 of the Client Assistance Program established under federal law that can, among
					 other things, assist and advocate for customers during an appeal and informal
					 dispute resolution;
(2) the name of
					 the IHO appointed to hear the appeal, and the date, time, and place of any
					 prehearing;
(3) a copy of
					 applicable hearing procedures; and
(4) notice that the appellant has the right
					 to request mediation procedures.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.63 - Informal Dispute Resolution

Current through Reg. 49, No. 28; July 12, 2024
(a) The
					 Agency shall provide an opportunity for informal resolution of an
					 appeal.
(b) Informal resolution may
					 include, but is not limited to:
(1) informal
					 meetings with VR counselors or their supervisors;
(2) second reviews of the case file and case
					 decisions by VR management;
(3)
					 telephone calls to or conference calls that include the affected parties; or
(4) written explanations or
					 summaries of the policies, laws, or regulations involved in the
					 complaint.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.64 - Time for Hearing

Current through Reg. 49, No. 28; July 12, 2024
A hearing conducted under this chapter by an IHO
						selected in accordance with §
											850.65
						of this subchapter (relating to Mediation Procedures), will be held within 60
						days of an applicant's or eligible individual's request for review of an Agency
						determination that affects the provision of VR services to the individual,
						unless informal resolution or a mediation agreement is achieved before the 60th
						day or the parties agree to a specific extension of time.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.65 - Mediation Procedures

Current through Reg. 49, No. 28; July 12, 2024
(a) An applicant
					 or eligible individual who has initiated a proceeding under this subchapter,
					 may request, or may request through the individual's authorized representative,
					 mediation to resolve the dispute. The Agency, with the consent of the
					 applicant, eligible individual, or the authorized representative, as
					 appropriate, may also originate the request for mediation.
(b) Mediation is voluntary on the part of the
					 parties. At any point during the mediation process, either party or the
					 mediator may elect to terminate the mediation. In the event that mediation is
					 terminated, either party may pursue resolution through an impartial hearing.
					 Mediation shall not be used to deny or delay the right of an individual to a
					 hearing under this subchapter, or to deny any other right afforded by the Act.
					 Mediation shall be conducted by a qualified and impartial mediator who is
					 trained in effective mediation techniques.
(c) The Agency shall bear all costs related
					 to the mediation process, consistent with this subchapter.
(d) The request for mediation shall be filed
					 in writing with the hearings coordinator within the Agency's Office of General
					 Counsel. On receiving a request for mediation from the parties, the hearings
					 coordinator shall randomly select an individual from a list of qualified
					 mediators who are knowledgeable in laws and regulations relating to the
					 provision of VR services, ILS-OIB, or the Business Enterprises of Texas
					 program, whichever may apply to the dispute.
(e) Sessions in the mediation process shall
					 be coordinated by the mediator in a timely manner at a location convenient to
					 both parties in the dispute. Parties shall be provided an opportunity to submit
					 evidence and other information that supports their positions.
(f) All discussions that occur during the
					 mediation sessions are confidential and shall not be used as evidence in any
					 subsequent due process hearing or civil proceeding. The mediator may require
					 the parties to sign a confidentiality pledge before the start of the mediation
					 process.
(g) Any agreement reached
					 through the mediation process shall be documented in a written mediation
					 agreement and signed by the parties to the dispute. Copies shall be provided to
					 both parties. The agreement then becomes a part of the customer
					 record.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.66 - Assignment of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The hearings coordinator, as described in
					 §
											850.62 of
					 this subchapter (relating to Filing a Request for Review), shall select, on a
					 random basis, or by agreement between the Agency and the appellant, or if
					 appropriate, the appellant's authorized representative or a parent, an IHO from
					 a list of qualified IHOs maintained by the Agency.
(b) The IHO shall be an individual who:
(1) is not an employee of a public agency
					 (other than an administrative law judge, hearing examiner, or employee of an
					 institution of higher education);
(2) has knowledge of the delivery of VR
					 services, the state plan, and the federal and state regulations governing
					 appeals under this chapter;
(3) has
					 received training specified by the Agency with respect to the performance of
					 official duties; and
(4) has no
					 personal, professional, or financial interest that would conflict with his or
					 her objectivity in the hearing.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.67 - Powers and Duties of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) The IHO has the authority and duty to:
(1) conduct a full and impartial
					 hearing;
(2) take action to avoid
					 unnecessary delay in the disposition of the proceeding; and
(3) maintain order.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.68 - Substitution of Impartial Hearing Officer

Current through Reg. 49, No. 28; July 12, 2024
(a) If for any reason an IHO is unable to
					 continue presiding over a pending hearing, or issue a decision after the
					 conclusion of the hearing, another IHO shall be designated as a substitute to
					 complete the hearing and render a decision in accordance with these rules.
					 Reasons may include, but are not limited to, withdrawal or reassignment to
					 avoid the appearance of impropriety or partiality.
(b) The substitute IHO may use the existing
					 record and may conduct further proceedings as necessary and proper to conclude
					 the hearing and render a decision.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.69 - Reasonable Accommodations

Current through Reg. 49, No. 28; July 12, 2024
(a) Any
					 hearing or proceedings conducted under this subchapter shall be held, whenever
					 feasible, by telephone (directly or by relay), at a time and place reasonably
					 accessible to the appellant and any witnesses, and convenient for parties. In
					 considering the physical location of a hearing or proceeding, the IHO shall
					 consider, among other factors:
(1) the
					 suitability of any proposed facilities for a hearing, including the ability of
					 the appellant and any witnesses to gain physical access to the proceedings and
					 facilities; and
(2) the comparative
					 distances and times required to travel from places of work or residence to a
					 proposed hearing location by parties and witnesses.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.70 - Appearance of Parties at Hearings; Representation

Current through Reg. 49, No. 28; July 12, 2024
(a) An individual may represent himself or
					 herself.
(b) A party may be
					 represented by an attorney authorized to practice law in Texas or by any other
					 representative authorized by the party to represent the party.
(c) A party's authorized representative shall
					 be copied on all notices, pleadings, and other correspondence.
(d) A party's authorized representative
					 remains the representative of record in absence of a formal request to withdraw
					 and an order approving such withdrawal issued by the IHO.
(e) The Agency is not responsible for
					 expenses incurred by appellants seeking remedy under this subchapter and
					 representation and attorney fees and related expenses are the responsibility of
					 the individual parties.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.71 - Failure to Attend Hearing and Default

Current through Reg. 49, No. 28; July 12, 2024
If, after receiving notice of a hearing, a party or the
						party's authorized representative fails to attend the hearing, the IHO may
						proceed and, when appropriate, issue a default decision against the absent
						party.
Texas Administrative Code › Title 40 - SOCIAL SERVICES AND ASSISTANCE › Part 20 - TEXAS WORKFORCE COMMISSION › Chapter 850 - VOCATIONAL REHABILITATION SERVICES ADMINISTRATIVE RULES AND PROCEDURES › Subchapter E - VOCATIONAL REHABILITATION SERVICES APPEALS AND HEARING PROCEDURES › Division 1 - GENERAL RULES › Section 850.72 - Witness Fees

Current through Reg. 49, No. 28; July 12, 2024
(a) Any witness or
					 deponent who is not a party to, and who is subpoenaed or otherwise appears at,
					 any hearing or proceeding at the request of the Agency is entitled to receive
					 reimbursement as provided under Texas Government Code §
					 2001.103.
(b) The Agency is not
					 responsible for expenses incurred by any witness or deponent who is not a party
					 to, and who is subpoenaed or otherwise appears at, any hearing or proceeding at
					 the request of the appellant.
(c)
					 The party calling or deposing an expert witness is responsible for all fees and
					 expenses charged by the expert witness.