Part 1.
TEXAS DEPARTMENT OF HUMAN SERVICES
Chapter 3.
TEXAS WORKS
The Texas Department of Human Services (DHS) proposes to amend §§3.1002,
3.1003, and 3.1101, concerning income limits, deductions, and who is required
to participate, in its Texas Works chapter. The purpose of the amendments
is to increase the earned income deductions for working recipients of Temporary
Assistance for Needy Families (TANF), and to require TANF recipients to be
mandatory participants in the Choices programs with the Texas Workforce Commission,
even if the recipient is employed. The proposed change is the result of a
new state law, House Bill 1, passed by the 76th Legislature.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed sections will be in effect there will be fiscal implications
for state government as a result of enforcing or administering the sections.
The effect on state government for the first five-year period the sections
will be in effect is an estimated additional cost of $3,042,180 in fiscal
year (FY) 2000; $6,923,927 in FY 2001; $6,260,590 in FY 2002; $6,023,117 in
FY 2003; and $6,023,117 in FY 2004. There will be no fiscal implications for
local government as a result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections is that TANF recipients who are working will be assisted in making
a successful transition from the receipt of financial assistance to employment
and self-sufficiency. There will be no adverse economic effect on large, small,
or micro businesses because the changes will result in more spendable income
for TANF recipients who are employed and making the transition from welfare
to work. There is no anticipated economic cost to persons who are required
to comply with the proposed sections.
Questions about the content of this proposal may be directed to Mary Haifley
at (512) 438-2599 in DHS's Texas Works Department. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-109, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under Section 2007.003(b) of the Texas Government Code, the department
has determined that Chapter 2007 of the Government Code does not apply to
these rules. Accordingly, the department is not required to complete a takings
impact assessment regarding these rules.
Subchapter J. BUDGETING
40 TAC §3.1002, §3.1003
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which provides the department with the authority to administer
financial assistance programs.
The amendment implements the Human Resources Code, §§31.001 -
31.0325.
§3.1002.Income Limits.
(a)
Temporary Assistance for Needy Families (TANF). DHS has
two eligibility tests for TANF:
(1)
Budgetary needs. The amount of money DHS determines is
necessary to provide 100% of the basic needs to the certified group. Applicants
who have not received TANF in the last four months must pass the budgetary
needs test.
These applicants must also qualify according to 45 Code of
Federal Regulations (CFR) §233.20(a)(7)(ii) in effect as of July 1996.
(2)
(No change.)
(b)
(No change.)
§3.1003.Deductions.
(a)
Temporary Assistance for Needy Families (TANF)
[
(1)
$120 standard
[
(2)
dependent care deduction of actual costs not to exceed:
(A)
$200 for each dependent under age two who is receiving
TANF
[
(B)
$175 for each dependent age two or older who is receiving
TANF
[
(3)
earned income disregard of 90% of the earnings
that remain after deducting the standard work-related expense, up to a cap
of $1400. This deduction is computed before the dependent care deduction
[
(4)
eligibility for earned
income disregard is allowed under the following conditions:
(A)
allowed for the first four months of employment
the earnings should be budgeted;
(B)
allowed for not more than four months in a 12-month
period;
(C)
not allowed for one calendar year from the first
TANF denial after the maximum disregard has been received; and
(D)
not allowed if the client voluntarily quit a
job without good cause within the 60 days prior to applying for TANF.
[
eligibility for
earned income disregard, according to 45 Code of Federal Regulations §233.20(a)(11)(iii)].
(b)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 5, 2000.
TRD-200000083
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3765
40 TAC §3.1101
The amendment is proposed under the Human Resources Code,
Title 2, Chapter 31, which provides the department with the authority to administer
financial assistance programs.
The amendment implements the Human Resources Code, §§31.001 -
31.0325.
§3.1101.Who is Required to Participate.
(a)
Each certified Temporary Assistance for Needy Families
(TANF) recipient age 16-59 who lives in a full or mid-level Choices county
that is identified in the Choices State Plan must participate in any Choices
component required by the Texas Workforce Commission (TWC) unless the client
is exempt or has good cause as specified in the state's federal Achieving
Change for Texas (ACT) waiver except as noted in subsection
(b)(1) and
(2)
[
(b)
The Texas Department of Human Services (DHS) exempts a
parent or other relative of a child under age three as specified in the expired
45 Code of Federal Regulations §250.30(b)(9) except as noted in
paragraphs (1) and (2) of this
subsection [
(1)
For recipients designated by DHS as members
of the State Welfare Reform Group described in §3.6004(a) of this title
(relating to Applicability of Temporary Assistance for Needy Families (TANF)
Policies Resulting from Human Resources Code §31.0031, Dependent Child's
Income; Human Resources Code §31.012, Mandatory Work or Participation
in Employment Activities Through the Choices Training Program; and Human Resources
Code §31.032, Investigation and Determination of Eligibility), DHS exempts
a caretaker relative of a child as specified in Human Resources Code §31.012.
(2)
There is no exemption for working
30 or more hours a week.
[
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 5, 2000.
TRD-200000084
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3765
Subchapter A. CHILD AND ADULT CARE FOOD PROGRAM
40 TAC §§12.2, 12.3, 12.15
The Texas Department of Human Services (DHS) proposes amendments
to §§12.2, 12.3, and 12.15, concerning definitions of program terms,
eligibility of contractors, facilities, and food service management companies,
and reimbursement methodology, in its Special Nutrition Programs chapter.
The purpose of the amendments is to implement provisions of the Child Nutrition
Reauthorization Act of 1998 (Public Law 105-336), which was signed into effect
on October 31, 1998, including transferring administrative responsibility
for the Homeless Children Nutrition Program from the Summer Food Service Program
to the Child and Adult Care Food Program (CACFP), and requiring certain child
nutrition programs contractors to distribute information related to the Women,
Infants, and Children (WIC) program. The amendments also amend the definition
of low-income area in the CACFP.
When DHS published rules to implement program requirements relating to
the availability of expansion funds, the United States Department of Agriculture
(USDA) had instructed state agencies to rely on the definition of low-income
area used in the Summer Food Service Program (SFSP), since CACFP regulations
did not contain such a definition. Federal regulations now contain a definition
of low-income area, which is inconsistent with the adapted SFSP definition
currently contained in the rules. DHS proposes to amend its CACFP rules to
rely on a citation by reference to the definition of low-income area contained
in the CACFP regulations (7 Code of Federal Regulations 226.2) and eliminate
the conflict by removing the definition of low-income area currently contained
in DHS rules.
The Act repeals the Homeless Children Nutrition Program and transfers the
administration of nutrition benefits to homeless children from the SFSP to
the CACFP. This administrative transfer provides homeless children residing
in emergency shelters with access to nutritious meals and snacks year round
through the CACFP, effective July 1, 1999. The Act also makes provision for
emergency shelters that had been participating in the SFSP to continue to
participate in the SFSP for the remainder of the federal fiscal year.
The Act also requires DHS to distribute WIC promotional materials to child
nutrition program contractors participating in the CACFP, except outside-school-hours-care
centers, and to ensure that the contractors provide the information to parents
when they enroll their children for child care. DHS must also distribute periodic
updates to sponsors and facilities and ensure that the updated information
is provided to the parents of enrolled children. The materials are intended
to inform potential WIC program participants of the availability and benefits
of the WIC program.
To facilitate implementation of these requirements, USDA has issued guidance
to states instructing them to implement the provisions of the Act prior to
the publication of regulations in the Federal Register. Therefore, DHS proposes
to publish rules which stipulate the program requirements based on the guidance
received from USDA, rather than publishing a citation by reference to federal
regulations.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed sections will be in effect there will be no fiscal implications
for state or local government as a result of enforcing or administering the
sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be the elimination of a definition that conflicts with federal
regulations, an expanded availability of nutrition services for homeless children,
and increased awareness of the availability of WIC services. The proposed
amendments will also have the public benefit of improving the nutritional
well being of Texas children. There will be no effect on large, small, or
micro businesses because participation in the CACFP is voluntary. In addition,
contractors affected by these rules are limited to public or private nonprofit
organizations, which do not meet the definition of a "business." There is
no anticipated economic cost to persons who are required to comply with the
proposed sections.
Questions about the content of the proposal may be directed to Keith N.
Churchill at (512) 467-5837 in DHS's Special Nutrition Programs. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-108,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The amendments are proposed under the Human Resources Code, Title
2, Chapters 22 and 33, which provides the department with the authority to
administer public and nutritional assistance programs.
The amendments implement §§22.001 - 22.030 and 33.001 - 33.024
of the Human Resources Code; and the Child Nutrition Reauthorization Act of
1998 (Public Law 105-336).
§12.2. Definitions of Program Terms.
Terms used in the administration and operation of the Child and Adult
Care Food Program (CACFP) in Texas are defined in 7 Code of Federal Regulations §226.2
and 7 Code of Federal Regulations Parts 3015 and 3016, and appropriate Office
of Management and Budget Circulars, except as defined in paragraphs (1)-(5)
of this section:
(1)
(No change.)
(2)
Emergency shelter - a
facility, all or part of which, is used or designated to be used to provide
temporary housing.
(3)
[
[
Low-income area - local
area where at least 50% of the area children are eligible for free or reduced-price
school meals under the National School Lunch Program, as determined:]
[
by the number of free and reduced-price lunches
or breakfasts served to children attending public and nonprofit private schools
located in areas where there are CACFP sites,]
[
by information provided from departments or
agencies that shows the family size and income of families in specific geographical
boundaries, or]
[
from other appropriate sources.]
(4)-(5)
(No change.)
§12.3. Eligibility of Contractors, Facilities, and Food Service Management Companies.
(a)-(b)
(No change.)
(c)
Facilities, except
emergency shelters and
participants
in the CACFP At Risk Afterschool program not subject to state licensing requirements,
must be licensed or otherwise approved by federal, state, or local authorities
to provide child care. CACFP At Risk Afterschool programs that are not subject
to state licensing requirements must provide documentation from the Texas
Department of Protective and Regulatory Services (TDPRS) to show that they
are not subject to state licensing requirements. Adult day care centers must
be licensed by DHS or the Texas Department of Mental Health and Mental Retardation
(TxMHMR), except that receipt of Title XIX funds (Medicaid) constitutes approval
for program participation. Child care centers must be licensed or registered
by TDPRS. General Exception: Facilities operated by federal and Indian tribal
governments are not required to be licensed or otherwise approved by DHS or
TxMHMR.
(d)-(o)
(No change.)
(p)
Contractors that operate or
sponsor the participation of one or more emergency shelters in the CACFP must
provide documentation that the contractors':
(1)
primary purpose is to temporarily house and
provide meals to children and their parents or guardians; and
(2)
facility or facilities meet all applicable
state and local health, sanitation, and safety standards.
(q)
To be eligible to participate
in the CACFP, contractors must:
(1)
distribute program information materials relating
to the Special Supplemental Nutrition Program for Women, Infants, and Children
(WIC) as prescribed by the United States Department of Agriculture and DHS;
and
(2)
ensure that the program information materials
relating to the WIC Program are distributed to the parents of children enrolled
for child care in each child care facility participating in the CACFP under
their sponsorship. Exception: Contractors are not required to distribute WIC
program information materials to outside-school-hours centers or to the parents
of children enrolled in outside-school-hours centers participating in the
CACFP under their sponsorship.
§12.15. Reimbursement Methodology.
(a)-(i)
(No change.)
(j)
Contractors that sponsor or
operate emergency shelters for homeless children may include in a claim for
reimbursement a maximum of:
(1)
three meals (breakfast, lunch, and supper)
per child per day; or
(2)
two meals (breakfast, lunch, or supper)
and one supplement per child per day; or
(3)
two supplements and one meal (breakfast,
lunch, or supper) per child per day.
(k)
Contractors that sponsor or
operate emergency shelters for homeless children may not include in a claim
for reimbursement meals served:
(1)
in private family quarters, except meals served
to infants from birth to age 11 months; or
(2)
to nonresidential children.
(l)
To be eligible to operate
a homeless site in the CACFP, a contractor must provide benefits to children
age 12 and under. Exception: Eligible meals served to children of migrant
workers age 15 or younger, and children with disabilities regardless of age
are eligible for reimbursement.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 5, 2000.
TRD-200000087
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
The Texas Department of Human Services (DHS) proposes amendments to §90.13,
concerning applicant disclosure requirements; §90.16, concerning change
of ownership; §90.17, concerning criteria for denying a license or renewal
of a license; §90.42, concerning standards for facilities for persons
with mental retardation or related conditions; §90.61, concerning introduction,
application, and general requirements for facilities for persons with mental
retardation or related conditions; §90.63, concerning fire service; §90.64,
concerning means of egress; §90.65, concerning fire alarms, detection
systems, and sprinkler systems; §90.74, concerning safety operations; §90.192,
concerning determinations and actions pursuant to inspections; §90.211,
concerning definitions; §90.212, concerning incidents of abuse and neglect
investigated and reported by facilities to the Texas Department of Human Services
(DHS); §90.233, concerning revocation; §90.236, concerning administrative
penalties; and §90.321, concerning investigation of facility employees;
and proposes new §90.240, concerning right to correct, and §90.241,
concerning amelioration of violation, in its Intermediate Care Facilities
for Persons with Mental Retardation or Related Conditions chapter. The purpose
of the amendments and new sections is to implement legislation passed in the
76th legislative session. The rules include revisions to life safety code
regulations, clarification on facility requirements for change of ownership,
definition of terms used in the licensing rules, the expansion of the federal
conditions of participation as criteria for assessment of administrative penalties,
the addition of rules on administrative penalties, the creation of a new administrative
penalty schedule, and facility responsibilities relating to a new employee
misconduct registry.
Eric M. Bost, commissioner, has determined that for the first five- year
period the proposed sections will be in effect there will be fiscal implications
for state government as a result of enforcing or administering the sections.
The effect on state government for the first five-year period the sections
will be in effect is an estimated increase in revenue of $42,500 in fiscal
year (FY) 2000; $56,500 in FY 2001; $56,500 in FY 2002, $56,500 in FY 2003;
and $56,500 in FY 2004. This revenue will be offset by any administrative
or legal costs to defend the application of penalties. There will be no fiscal
implications for local government as a result of enforcing or administering
the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of enforcing
the sections will be a financial incentive to providers to remain in compliance
with the regulations and may result in improvements in the Intermediate Care
Facilities for Persons with Mental Retardation (ICF/MR) program. The life
safety code rules will clarify for providers what is required under the code
and will provide for the safety of persons who live in ICFs/MR. There will
be no effect on large, small, or micro businesses, because the rules will
only have an adverse effect on businesses that do not comply with the regulations.
There will be no economic cost to persons who must comply with the rule. It
is estimated that less than ten ICFs out of 896 will be fined; there is no
data that indicates a small business is any more likely to incur a penalty
than a large corporation. The department anticipates fines imposed on persons
who are violate the regulations will be $42,500 in fiscal year (FY) 2000;
$56,500 in FY 2001; $56,500 in FY 2002, $56,500 in FY 2003; and $56,500 in
FY 2004.
Questions about the content of this proposal may be directed to Rose Rossman
at (512) 438-3750 in DHS's Long Term Care Section. Written comments on the
proposal may be submitted to Supervisor, Rules and Handbooks Unit-099, Texas
Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the Texas Register.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
Subchapter B. APPLICATION PROCEDURES
40 TAC §§90.13, 90.16, 90.17
The amendments are proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendments implement the Health and Safety Code, §§252.001-
252.186.
§90.13.Applicant Disclosure Requirements.
(a)
(No change.)
(b)
Disclosure form. All applications must be made on forms
prescribed by and available from the Texas Department of Human Services (DHS).
Each application must be completed in accordance with DHS instructions, signed,
and notarized.
Any changes to the information on an initial, change of
ownership, or renewal application must be reported to DHS within 30 calendar
days from the effective date of the change. Changes include, but are not limited
to:
(1)
persons with an ownership or control interest,
as defined in 42 Code of Federal Regulations §455.101;
(2)
officers, directors, agents, or managing
employees;
(3)
the corporation, association, or other
company responsible for management of the facility;
(4)
the facility's administrator; or
(5)
the controlling person.
(c)
(No change.)
§90.16.Change of Ownership.
(a)
During the license term, a license holder may not transfer
the license as a part of the sale of the facility. Prior to the sale of the
facility, the license holder must notify the Texas Department of Human Services
(DHS) that a change of ownership is about to take place.
A change of
ownership occurs when there is:
(1)
a change of 50% or more in the ownership
of the business organization or sole proprietorship that is licensed to operate
the facility; or
(2)
a relinquishment by the licensee of
the management of the facility; or
(3)
a change in the federal tax payer
identification number.
(b)-(c)
(No change.)
§90.17.Criteria for Denying a License or Renewal of a License.
(a)
The Texas Department of Human Services (DHS) may deny an
initial license or refuse to renew a license if an applicant, manager, or
affiliate:
(1)
substantially fails to comply with the requirements described
in §90.42 of this title (relating to Standards for Facilities Serving
Persons with Mental Retardation or Related Conditions), including, but not
limited to:
(A)
noncompliance that poses a serious threat to health and
safety,
as described in Appendix Q of the State Operations Manual, "Guidelines
for Determining Immediate and Serious Threat to Patient Health and Safety,"
or
(B)
a failure to maintain compliance on a continuous basis
including, but not limited to, decertification, contract termination, denial
of certification, or license revocation
;
(2)-(6)
(No change.)
(b)-(d)
(No change.)
(e)
If an applicant for a new license owns multiple facilities,
the overall record of compliance in all of the facilities will be examined.
Denial of a new license will not preclude the renewal of licenses of other
individual facilities with
a history of compliance with licensing regulations
[
(f)-(g)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000112
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §90.42
The amendment is proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendment implements the Health and Safety Code, §§252.001-
252.186.
§90.42.Standards for Facilities for Persons with Mental Retardation or Related Conditions.
(a)-(b)
(No change.)
(c)
Standards. Each facility serving persons with mental retardation
or related conditions shall comply with regulations promulgated by the United
States Department of Health and Human Services in Title 42, Code of Federal
Regulations, Part 483, Subpart I, §§483.400-483.480, titled, "Conditions
of Participation for Intermediate Care Facilities for the Mentally Retarded."
Additionally, the Texas Department of Human Services (DHS) adopts by reference
the federal regulations governing conditions of participation for the ICF/MR
program as specified in 42 Code of Federal Regulations, part 483, Subpart
I §483.410,§483.420, §483.430, §483.440, §483.450, §483.460, §483.470,
and §483.480 as licensing standards.
(d)-(e)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000111
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §§90.61, 90.63-90.65, 90.74
The amendments are proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendments implement the Health and Safety Code, §§252.001-
252.186.
§90.61.Introduction, Application, and General Requirements for Facilities for Persons with Mental Retardation or Related Conditions.
(a)-(d)
(No change.)
(e)
Applicable codes and standards. Facilities must meet the
requirements of NFPA 101, 1985 edition, and any other codes and standards
of NFPA listed in this section, except as may be otherwise approved or required
by DHS.
(1)-(5)
(No change.)
(6)
All boilers not exempted by the Texas
Health and Safety Code Annotated §755.022 shall be inspected and certified
for operation by the Texas Department of Licensing and Regulation.
(f)
(No change.)
§90.63.Fire Service.
(a)-(b)
(No change.)
(c)
The facility must have an annual inspection
by the local fire marshall.
§90.64.Means of Egress.
(a)-(b)
(No change.)
(c)
A hold-open device must be installed on
each exit door of large facilities.
§90.65.Fire Alarms, Detection Systems, and Sprinkler Systems.
(a)
General. Fire alarms, detection systems, and sprinkler
systems shall be as required by National Fire Protection Association (NFPA)
101 Life Safety Code, NFPA 72A Standard for the Installation, Maintenance
and Use of Local Protective Signaling Systems, NFPA 13 Standard for the Installation
of Sprinkler Systems, or NFPA 13-D Standard for the Installation of Sprinkler
Systems in One- and Two-Family Dwellings and Mobile Homes, as specified in
NFPA 101, Chapter 21 titled "Residential Board and Care Occupancies" and as
modified in this section.
(1)-(4)
(No change.)
(5)
Smoke detector sensitivity must be
checked within one year after installation and every alternate year thereafter
in accordance with NFPA 72. Documentation, including as-built installation
drawings, operation and maintenance manuals, and a written sequence of operation
must be available for examination by the Texas Department of Human Services
(DHS).
(b)-(c)
(No change.)
§90.74.Safety Operations.
(a)
Disaster plan. The facility must have a written plan with
procedures to be followed in an internal or external disaster and for the
care of casualties.
The rules must address emergency evacuation transportation;
adequate sheltering arrangements; supplies; staffing; emergency equipment;
identification of residents; responding to family inquiries; post-disaster
activities, including emergency power, food, water, and transportation.
(1)-(6)
(No change.)
(b)-(c)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000110
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §90.192
The amendment is proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendment implements the Health and Safety Code, §§252.001-
252.186.
§90.192.Determinations and Actions Pursuant to Inspections.
(a)-(e)
(No change.)
(f)
If DHS or DHS's representative
discovers any additional violations during the review of field notes or preparation
of the official final list, DHS or DHS's representative will give the facility
an additional exit conference regarding the additional violations.
(g)
The facility must submit a
plan to correct the violations to the regional director not later than the
10th calendar day after the date the facility receives the final statement
of violations.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000109
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §90.211, §90.212
The amendments are proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendments implement the Health and Safety Code, §§252.001-
252.186.
§90.211.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless the context clearly indicates otherwise.
(1)-(23)
(No change.)
(24)
Person with a disability who is receiving
services - A person who resides in an ICF/MR and has a developmental disability
that substantially impairs the person's ability to provide adequately for
the person's own care and protection.
(25)
[
(26)
[
(27)
[
(28)
[
(29)
[
(30)
[
(31)
[
(32)
[
§90.212.Incidents of Abuse and Neglect Investigated and Reported by Facilities to the Texas Department of Human Services (DHS).
(a)
(No change.)
(b)
Reporting responsibilities of employees; failure to report.
(1)
The facility owner, administrator, designee,
or employee of the facility who has cause to believe that the physical or
mental health or welfare of a resident has been, or may be adversely affected
by abuse, neglect, or exploitation caused by another person, must report the
abuse or neglect to DHS immediately, if possible, but in no case more than
one hour after suspicion or after learning of the incident, at 1-800-458-9858
or 1-512-438-2633, any day or hour. The following incidents, for example,
must be reported to DHS's state office, regardless of the time of day: death;
missing resident; abuse or neglect allegations; sexual abuse; misappropriation
of resident property; serious accidental injuries; injuries of unknown origin,
if there is reason to believe they were the result of abuse or neglect or
if they resulted in serious physical injury; and resident-to-resident abuse
if a resident is killed, taken to the hospital, or the physician has ordered
treatment other than observation when there is a serious injury.
(2)
[
(3)
[
(4)
[
[
(5)
A facility may require its employees
to make a verbal report to the facility administrator, but in all cases the
facility must report the incident within one hour of learning of the incident.
(c)-(i)
(No change.)
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000108
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §§90.233, 90.236, 90.240, 90.241
The amendments and new sections are proposed under the Health
and Safety Code, Chapter 252, which authorizes the department to license intermediate
care facilities for the mentally retarded.
The amendments and new sections implement the Health and Safety Code, §§252.001-252.186.
§90.233.Revocation.
(a)
The
Texas
Department of Human Services (DHS)
may revoke a facility's license when
:
(1)
the facility's violation of the licensure rules
jeopardizes the health and safety of residents
; or
[
(2)
the facility has violated the requirements
of the Health and Safety Code, Chapter 252, or the rules adopted under that
chapter, in either a repeated or substantial manner.
(b)-(e)
(No change.)
§90.236.Administrative Penalties.
(a)
(No change.)
(b)
Definitions:
(1)
For purposes of this chapter a "violation"
is defined as any noncompliance with the Health and Safety Code, Chapter 252,
or any rule under this chapter, as provided in this section.
(2)
[
(3)
For the purposes of this chapter,"serious
harm" is any condition or situation that could result in severe, temporary
or permanent injury, or death, or harm to the mental or physical condition
of an individual.
(4)
For the purposes of this chapter "previous
history" means any violation that resulted in the recommendation of an administrative
penalty documented against the facility in the past 24-month period.
(c)
Failure to meet the requirements of §90.42(c)
of this title (relating to Standards for Facilities for Persons with Mental
Retardation or Related Conditions) is a cause to assess an administrative
penalty.
(d)
When a violation cited by DHS is determined to be within
the scope, severity, and description of the penalty schedules as stated in
subsection (m) of this section, the violation may be cause for assessment
of a penalty as described in this section and as listed in subsection (m)
of this section.
In determining which violations warrant penalties, DHS
will consider:
[
(1)
the seriousness of the violation, including
the nature, circumstances, extent, and gravity of the violation and the hazard
of the violation to the health and safety of the clients; and
[
(2)
whether the affected facility had
identified the violation as part of its internal quality assurance process
and had made appropriate progress on correction.
[
[
[
[
(e)
(No change.)
(f)
An offense is defined as a sum of the licensure violations
found during an inspection. The first offense violations carry the penalty
shown in the "first offense" column under subsection (m) of this section.
The second offense violations carry the penalty shown in the "second offense"
column. The third offense violations carry the penalty shown in the "third
offense" column.
An offense is counted against the facility even if the
facility corrected the prior violation and an administrative penalty was not
actually imposed.
(g)
(No change.)
(h)
The administrative penalty begins on the date DHS first
established the deficiency existed. Administrative penalties will not be imposed
on minor infractions. Penalties will be imposed on
a per diem basis for
those infractions in the administrative penalty schedule, as outlined
under subsection (m) of the section.
If DHS determines that a violation
has occurred that will result in an administrative penalty, the penalty for
a facility with fewer than 60 beds will be not less than $100 or more than
$1,000 for each violation. The penalty for a facility with 60 beds or more
will not be less than $100 or more than $5,000 for each violation. The total
amount of the penalty assessed for a violation continuing or occurring on
separate days under this subsection may not exceed $5,000 for a facility with
fewer than 60 beds or $25,000 for a facility with 60 beds or more.
(i)
(No change.)
(j)
If DHS determines that a violation
has occurred and that an administrative penalty will be recommended, DHS will
give written notice of the recommendation to proceed with an administrative
penalty to the person designated by the facility to receive notice. The notice
will include:
(1)
a brief summary of the alleged violation;
(2)
a statement of the amount of the proposed
penalty based on the factors listed in subsections (d) and (m) of this section;
and
(3)
a statement of the person's right to a
hearing on the occurrence of the violation, the amount of the violation, the
amount of the penalty, or both the occurrence of the violation and the amount
of the penalty.
[
Within 10 days following written
notification from the regional office to the licensing section that a penalty
has been assessed, DHS's licensing section will send a written notice and
a preliminary report to the facility which includes, the procedures for notification
of recommended assessment, opportunity for hearing, actual assessment, payment
of penalty, judicial review, and remittance.]
(k)
A
[
(l)
Within 20
calendar
days after the date on which
written notice
to pay an administrative
[
(m)
Scope, severity, and assessments for violations warranting
administrative penalties for licensed facilities are as follows:
Figure: 40 TAC §90.236(m)
[
§90.240.Right to Correct.
(a)
The Texas Department of Human Services (DHS) will provide
a reasonable period of time, not less than 45 days, to correct a violation
if a plan of correction is implemented. A facility may request a shorter period
of time to correct the violation by submitting a specific written request
for an early inspection to clear the violation. If, during the requested early
inspection, DHS finds that the correction is not satisfactory, an administrative
penalty may immediately be assessed from the first day of violation. This
subsection does not apply to a violation that DHS determines:
(1)
has resulted in serious harm to or death of a resident;
or
(2)
constitutes a serious threat to the health or safety
of a resident.
(b)
DHS may not assess an administrative penalty for a minor
violation if the facility corrects the violation not later than the 46th day
after the facility receives notice of the violation.
(c)
If the facility reports to DHS that the violation has been
corrected, DHS will inspect the correction or take any other steps necessary
to confirm that the violation has been corrected and notify the facility that:
(1)
the correction is satisfactory and a penalty is not assessed;
or
(2)
the correction is not satisfactory and a penalty is
recommended.
(d)
If the facility wishes to appeal the administrative penalty,
the facility must file a notice to request a hearing on the violation or penalty
no later than the 20th calendar day after the date on which the notice to
pay an administrative penalty is received.
§90.241.Amelioration of Violation.
In lieu of ordering payment of an administrative penalty authorized
by this subchapter, the Texas Department of Human Services (DHS) may require
a person subject to the penalty to use, under the supervision of DHS, all
or part of the amount of the penalty to ameliorate the violation or to improve
services, other than administrative services, in the facility affected by
the violation.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000107
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §90.321
The amendment is proposed under the Health and Safety Code,
Chapter 252, which authorizes the department to license intermediate care
facilities for the mentally retarded.
The amendment implements the Health and Safety Code, §§252.001-
252.186.
§90.321.Investigation of Facility Employees.
(a)
Each facility shall comply with the provisions
of the Health and Safety Code, Chapter 250 (relating to Nurse Aide Registry
and Criminal History Checks of Employees and Applicants for Employment in
Certain Facilities Serving the Elderly or Persons with Disabilities).
(b)
Before a facility may hire
an employee, the facility must search the employee misconduct registry established
under the Health and Safety Code, §253.007, and the nurse aide registry
maintained under the Omnibus Budget Reconciliation Act of 1987 (Public Law
Number 100-203) to determine whether the person is designated in either registry
as having abused, neglected, or exploited a resident or consumer of a facility
or misappropriated a resident's or consumer's property. Both registries can
be contacted at 1-800-452-3934.
(c)
Facilities are prohibited from
employing a person who is listed in either registry as having abused, neglected,
or exploited a resident of a facility or misappropriated a resident's or consumer's
property.
(d)
Each facility must notify its
employees:
(1)
about the employee misconduct registry; and
(2)
that an employee may not be employed if
the employee is listed in the registry.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 7, 2000.
TRD-200000106
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
40 TAC §§93.1 - 93.5
The Texas Department of Human Services (DHS) proposes new §§93.1
- 93.5, concerning purpose, definitions, Texas Department of Human Service's
(DHS's) requirements, employee misconduct registry requirements, and facility
requirements, in its Employee Misconduct Registry chapter. The purpose of
the new sections is to implement Health and Safety Code 253, Employee Misconduct
Registry concerning the tracking of findings of resident abuse, neglect, exploitation,
or misappropriation of a resident's property by an uncredentialed or unlicensed
employee of a long-term care facility under the department's regulation. These
rules apply to nursing facilities, intermediate care facilities for the mentally
retarded that are licensed by the department, assisted living (personal care)
facilities, adult foster care (Type C), and adult day care facilities.
Eric M. Bost, commissioner, has determined that for the first five-year
period the proposed sections will be in effect there will be fiscal implications
for state government as a result of enforcing or administering the sections.
The effect on state government for the first five-year period the section
will be in effect is an estimated additional cost of $110,000 in fiscal year
(FY) 2000; $110,000 in FY 2001; $110,000 in FY 2002; $110,000 in FY 2003;
and $110,000 in FY 2004. There will be no effect on local government as a
result of enforcing or administering the sections.
Mr. Bost also has determined that for each year of the first five years
the sections are in effect the public benefit anticipated as a result of the
adoption of these sections is that rules will be in place to allow the department
to implement Health and Safety Code, Chapter 253. Benefits also include the
provision of greater protection of health and safety to residents and consumers
of nursing facilities, intermediate care facilities for the mentally retarded
that are licensed by the department, assisted living (personal care) facilities,
adult foster care (Type C) facilities, and adult day care facilities. Employers
are prohibited from hiring individuals with a finding of abuse, neglect, exploitation,
or misappropriation that is listed on either the Nurse Aide Registry or the
Employee Misconduct Registry. There will be no effect on large, small, or
micro businesses, because the sections only involve facilities accessing a
toll free 800 number prior to hiring employees. There is no anticipated economic
cost to persons who are required to comply with the proposed sections.
Questions about the content of this proposal may be directed to Lynette
Sanders at (512) 231-5810 in DHS's Credentialing Department. Written comments
on the proposal may be submitted to Supervisor, Rules and Handbooks Unit-106,
Texas Department of Human Services E-205, P.O. Box 149030, Austin, Texas 78714-9030,
within 30 days of publication in the
Texas Register
.
Under §2007.003(b) of the Texas Government Code, the department has
determined that Chapter 2007 of the Government Code does not apply to these
rules. Accordingly, the department is not required to complete a takings impact
assessment regarding these rules.
The new sections are proposed under Texas Health and Safety Code,
Chapter 253, Employee Misconduct Registry.
The new sections implement the Texas Health and Safety Code, Chapter 253.
§93.1. Purpose.
The purpose of this chapter is to implement Health and Safety Code
Chapter 253, Employee Misconduct Registry, concerning the tracking of findings
of resident abuse, neglect, exploitation, or misappropriation of a resident's
property by an uncredentialed or unlicensed employee of a long-term care facility
under the Texas Department of Human Service's (DHS's) regulation. These rules
apply to nursing facilities, intermediate care facilities for the mentally
retarded that are licensed by DHS, assisted living (personal care) facilities,
adult foster care (Type C), and adult day care facilities.
§93.2. Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings, unless the context clearly indicates otherwise.
(1)
Commissioner þ The Commissioner of the Texas Department
of Human Services.
(2)
Department þ The Texas Department of Human
Services (DHS).
(3)
Employee þ A person who works at a facility;
is an individual who provides personal care services, active treatment, or
any other personal services to a resident or consumer of the facility; is
not licensed or credentialed by an agency of the state to perform the services
the employee performs at the facility; and is not a nurse aide employed by
a nursing facility.
(4)
Facility þ A facility licensed by DHS; or an
adult foster care provider that contracts with DHS.
§93.3. Texas Department of Human Service's (DHS's) Requirements.
(a)
If the Texas Department of Human Services (DHS) receives
a report that an employee of a facility has abused, neglected, or exploited
a resident or consumer of a facility or misappropriated a resident's or consumer's
property, DHS will investigate the report to determine whether the employee
has committed the act of abuse, neglect, exploitation, or misappropriation.
The standards for abuse, neglect, exploitation, and misappropriation that
apply to these investigations are the standards that apply to the type of
facility where the investigation takes place.
(b)
If, after an investigation, DHS makes a preliminary determination
that the employee abused, neglected, or exploited a resident or consumer of
the facility or misappropriated a resident's or consumer's property, DHS will
give written notice of its preliminary findings to the employee. The written
notice will include the facts or conduct on which the preliminary findings
are based and the employee's right to an informal reconsideration to dispute
the preliminary findings. A request for an informal reconsideration must:
(1)
be in writing and may be submitted with any supporting
documentation refuting DHS's preliminary findings; and
(2)
be received in the Informal Appeals and Investigations
Section within 10 calendar days of the date of receipt of DHS's notice.
(c)
DHS will provide the employee with an opportunity for
an informal reconsideration. Informal reconsiderations will be conducted by
an impartial Long Term Care-Regulatory staff person who may hear testimony
in person or by telephone for the purpose of determining whether the employee
abused, neglected, or exploited a resident or consumer of the facility or
misappropriated a resident's or consumer's property.
(d)
If an employee fails to respond to the notice, or if the
informal reconsideration finds that the employee abused, neglected, or exploited
a resident or consumer of the facility or misappropriated a resident's or
consumer's property, DHS will give written notice of its findings. The notice
must include:
(1)
a brief summary of DHS's findings;
(2)
a statement of the person's right to a hearing on
the occurrence of the misconduct; and
(3)
notice that the request for hearing must be made
no later than 30 days after receiving a notice of findings.
(e)
If an employee fails to respond to the notice or accepts
DHS's determination, the commissioner or his designee will issue an order
approving the determination and ordering that the incident of misconduct be
recorded in the registry under Texas Health and Safety Code, §253.007.
(f)
Upon receiving an employee's request for a hearing, DHS
will handle the request for hearing according to the provisions of 40 Texas
Administrative Code, Chapter 79.1601,
et seq.
(g)
If the hearings examiner finds the employee abused, neglected,
or exploited a resident or consumer of a facility, or misappropriated a resident's
or consumer's property, the commissioner or his designee will issue an order
approving the determination and ordering that the incident of misconduct be
recorded in the registry.
(h)
DHS will give notice of an order to an employee alleged
to have committed an act of misconduct which will include the following items:
(1)
separate statements of the findings of fact and conclusions
of law;
(2)
a statement of the right of the employee to judicial
review of the order; and
(3)
a statement that the incident of misconduct will
be recorded in the registry if:
(A)
the employee does not request judicial review of the determination;
or
(B)
the determination is sustained by the court.
(i)
The employee may file a petition for judicial review contesting
the finding of an act of misconduct no later than 30 days after the decision
is made final as provided by Government Code, Chapter 2001. Judicial review
of the order is instituted by filing a petition as provided by Government
Code, Chapter 2001, Subchapter G.
(j)
If the employee does not file a petition for judicial
review contesting the finding of an act of misconduct, DHS will record the
incident of misconduct in the registry.
§93.4. Employee Misconduct Registry Requirements.
(a)
If an employee abuses, neglects, or exploits a resident
or consumer of a facility or misappropriates a resident's or consumer's property,
the Texas Department of Human Services (DHS) will record the following information:
(1)
the employee's name;
(2)
the employee's address;
(3)
the employee's social security number;
(4)
the name of the facility;
(5)
the address of the facility;
(6)
the date of the act of misconduct; and
(7)
a description of the act of misconduct.
(b)
If an agency of another state or the federal government
finds that an employee has abused, neglected, or exploited a resident or consumer
of a facility or misappropriated a resident's or consumer's property, DHS
will make a record in the employee misconduct registry as referenced in subsection
(a)(1)-(7) of this section.
(c)
Only acts of misconduct that occur on or after September
1, 1999, will be recorded in the registry.
§93.5. Facility Requirements.
(a)
Before a facility may hire an employee, the facility must
search the Employee Misconduct Registry under this chapter, and the Nurse
Aide Registry maintained under the Omnibus Budget Reconciliation Act of 1987,
to determine whether the person is designated in either registry as having
abused, neglected, or exploited a resident or consumer of a facility, or misappropriated
a resident's or consumer's property.
(b)
Facilities are prohibited from employing a person who
is listed in either registry as having abused, neglected, or exploited a resident
or consumer of a facility, or misappropriated a resident's or consumer's property.
(c)
Each facility is required to provide written notification
upon hiring and to all employees:
(1)
about the employee misconduct registry; and
(2)
that a person may not be employed if listed on the
registry.
This agency hereby certifies that the proposal has been
reviewed by legal counsel and found to be within the agency's legal authority
to adopt.
Filed with the Office of the Secretary of State, on
January 5, 2000.
TRD-200000088
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 438-3108
Chapter 801.
LOCAL WORKFORCE DEVELOPMENT BOARDS
Subchapter B. ONE-STOP SERVICE DELIVERY NETWORK
40 TAC §§801.21-801.29
The Texas Workforce Commission (Commission) proposes new §§801.21-801.29,
relating to the One-Stop Service Delivery Network.
The proposed rules in Chapters 801 and 841 set forth the One-Stop Service
Delivery Network, developed by the Commission in partnership with the local
workforce development boards (Boards), and emphasize the partnership between
the Commission and the Boards in assuring compliance with Texas Government
Code, Chapter 2308.
Background and Purpose: The purpose of the rules in Chapters 801 and 841
is to facilitate the maintenance and continuous improvement of the One-Stop
Service Delivery Network as established in Texas Government Code, Chapter
2308, and Texas Labor Code, Chapters 301 and 302. The proposed rules provide
a framework that is reflective of the Workforce Investment Act (WIA) one-stop
principles and the principles of Texas' vision as presented in the state plan.
The WIA principles are: streamlining services, empowering individuals, universal
access, increased accountability, a strong role for Boards and the private
sector, and state and local flexibility. The four principles of Texas' vision
are: limited and efficient state government, local control, personal responsibility,
and support for strong families.
The system outlined herein emphasizes the partnership between the Boards
and the Commission in providing a seamless network of information and services
that is responsive to the individual needs of customers. The proposed rules
identify Texas Workforce Center standards and required partners. The rules
also provide support for innovation and excellence in performance and service
delivery in coordination with the Commission's incentive rules.
New Chapter 801, Subchapter B, is added regarding the One-Stop Service
Delivery Network.
The purpose of §801.21 is to set forth the scope and purpose of the
rules contained in the subchapter.
The purpose of §801.22 is to set forth the requirement to maintain
a One-Stop Service Delivery Network.
The purpose of §801.23 is to set forth the definitions applicable
to the One-Stop Service Delivery Network.
The purpose of §801.24 is to set forth the different levels of certification
for Texas Workforce Centers.
The purpose of §801.25 is to set forth the standards applicable to
the certification of Texas Workforce Centers.
The purpose of §801.26 is to set forth the provisions relating to
One-Stop Innovation Plans.
The purpose of §801.27 is to set forth the provisions relating to
the Texas Workforce Center Partners.
The purpose of §801.28 is to set forth the services available through
the One-Stop Service Delivery Network.
The purpose of §801.29 is to set forth the limitations on delivery
of services.
Randy Townsend, Chief Financial Officer, has determined that for the first
five years the rules are in effect, the following statements will apply:
there are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
there are no estimated reductions in costs to the state or to local governments
expected as a result of enforcing or administering the rules;
there are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
there are no foreseeable implications relating to costs or revenues to
the state or to local governments as a result of enforcing or administering
the rules; and
there are no anticipated costs to persons who are required to comply with
the rules, as proposed.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rules because
small and micro-businesses are not required to do anything as a result of
the rules.
Jean Mitchell, Director of Workforce Development, has determined that the
public benefit anticipated as a result of the rules as proposed will be to
emphasize the partnership between the Boards and the Commission in providing
a seamless network of information and services that is responsive to the individual
needs of customers. The additional public benefit anticipated as a result
of the rules is to provide support for innovation and excellence in performance
and service delivery in coordination with the Texas Labor Code, Chapter 302,
and Texas Government Code, Chapter 2308, relating to the delivery of workforce
services by Boards, for the benefit of Texas' residents, employers, and workers.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of the proposed rules.
Comments on the proposed rules may be submitted to Barbara Cigainero, Workforce
Development Division, Texas Workforce Commission, 101 East 15th Street, Room
130BT, Austin, Texas 78778; Fax Number 512-463-3424; or E-mail to barbara.cigainero@twc.state.tx.us.
Comments must be received by the Commission no later than thirty (30) days
from the date this proposal is published in the
Texas Register
.
The new rules are proposed under Texas Labor Code, §§301.061
and 302.002, which provide the Commission with the authority to adopt, amend,
or repeal such rules as it deems necessary for the effective administration
of Commission programs.
The proposal affects the Texas Labor Code, Title 4.
§801.21.Scope and Purpose.
(a)
The purpose of this subchapter is to set forth the rules
relating to the One-Stop Service Delivery Network as set forth in Texas Government
Code, Chapter 2308, Texas Labor Code, Chapters 301 and 302, and Workforce
Investment Act (WIA) § 121. It is the intent of the Commission, in partnership
with local workforce development boards, to facilitate the development and
maintenance of the One-Stop Service Delivery Network such that information
and services responsive to their individual needs is available to all customers.
The One-Stop Service Delivery Network shall be evaluated against the established
levels of certification as well as any additional standards developed by the
Commission to ensure the continuous improvement of the system.
(b)
The rules contained in this Subchapter B, relating to the
One-Stop Delivery System, shall apply, except that to the extent of any conflict,
the provisions of Texas Government Code, Chapter 2803 and §801.2 of this
Chapter 801, relating to Local Workforce Development Boards, shall govern.
§801.22.Requirement to Maintain a One-Stop Service Delivery Network.
Each Board shall maintain a One-Stop Service Delivery Network, consistent
with WIA, state law and this subchapter. The One-Stop Service Delivery Network
shall include at least one Certified Full Service Texas Workforce Center providing
the core services listed in § 801.28 of this subchapter.
§801.23.Definitions.
In addition to the definitions contained in §800.2 of this Title,
relating to Definitions, the following words or terms, when used in Part XX
of this Title, relating to the Texas Workforce Commission, shall have the
following meanings, unless the context clearly indicates otherwise.
(1)
Certified Full Service Texas Workforce Center -- A local
full service workforce center that has integrated service functions to aid
service seekers in all aspects of employment and training in a seamless, nonprogram-specific
manner, and has been found to meet the requirements of a Full Service Texas
Workforce Center set out in §801.25(b).
(2)
Certified Texas Workforce Center -- A local workforce
center that provides integrated services to aid service seekers in all aspects
of employment and training in a seamless nonprogram-specific manner, and has
been found to meet the requirements of a Certified Texas Workforce Center
set out in §801.25(a).
(3)
One-Stop Innovation Plan -- A voluntary action plan
describing improvements to the One-Stop Service Delivery Network in a Board
area that may include: improvements in customer satisfaction, increased regional
cooperation among Boards, enhanced performance on established local performance
measures, and enhanced coordination of delivery of services with workforce
center partners prepared in a format determined by the Commission, in cooperation
with Boards, and in coordination with incentive rules contained in Chapter
800, Subchapter D (relating to Incentive Awards).
(4)
One-Stop Service Delivery Network -- A one-stop-based
network under which entities responsible for administering separate workforce
investment, educational and other human resources programs and funding streams
collaborate to create a seamless network of service delivery that will enhance
availability of services through the use of all available access and coordination
methods, including telephonic and electronic methods.
(5)
Texas Workforce Center Partner -- an entity which
carries out a workforce investment, educational or other human resources program
or activity, and which participates in the operation of the One-Stop Service
Delivery Network in a local workforce development area consistent with the
terms of a memorandum of understanding entered into between the entity and
the Board.
§801.24.Texas Workforce Center Certification Levels.
(a)
All Texas Workforce Centers must meet the basic workforce
center standards set out in §801.25(a).
(b)
In order to obtain certification as a Certified Full Service
Texas Workforce Center, a Texas Workforce Center must meet full service standards
set out in §801.25(a) and (b).
(c)
The Commission may establish additional levels of certification
to ensure continuous development of the One-Stop Service Delivery Network.
§801.25.Texas Workforce Center Standards.
(a)
Basic Workforce Centers Standards. The Commission has established
basic standards that must be met by all Texas Workforce Centers. Certified
Texas Workforce Centers shall:
(1)
be available to employers, students and workers throughout
the local workforce development area;
(2)
provide access to information and services, including
employment services;
(3)
address individual needs of customers by providing
processes for the following three methods of accessing services: self-service,
basic access, and full access;
(4)
provide services that are tailored to meet individual
needs and include: labor market information, a common intake and eligibility
determination process, an independent assessment and service strategy, centralized
and continuous case management and counseling, access to Individual Training
Account (ITA) services for education and training needs, supportive services
(including access to subsidized child care), student loans, and other forms
of financial assistance required to participate in and complete training;
(5)
not provide developmental services, such as General
Educational Development (GED), English as a Second Language (ESL), or Adult
Basic Education (ABE);
(6)
provide each person with written information on local
demand occupations, projected wage level upon completion of training programs,
and performance of training providers when requested;
(7)
implement a process for initial contact that is customer-driven
and flexible;
(8)
ensure access throughout the workforce development
area by developing electronic methods for service delivery, such as kiosk,
Internet, and wide area network (WAN);
(9)
ensure staff are experienced and knowledgeable in
all required programs and services for job seekers and for employers;
(10)
implement a tiered customer-driven service delivery
strategy that includes: information through individual self-service, job search
assistance in group settings, access to information on filing a claim for
unemployment insurance benefits, and specialized, intensive staff-assisted
services;
(11)
prepare understandable information packages for customers
that describe services, locations, self-service options, job openings, career
exploration methods, labor market information, training opportunities, educational
opportunities, and consumer information, and that also provide a mechanism
for customer feedback on services provided;
(12)
implement a timely and efficient referral and follow
up process for employment-related services;
(13)
provide independent assessment of individual needs
that includes assessment of literacy levels for Choices clients who have not
recently received a literacy level assessment;
(14)
maintain a user-friendly resource center that makes
available computerized information systems with access to labor market information,
demographics, occupations, and educational opportunities;
(15)
make available core services, as defined in §801.28,
of the following programs: Title I of WIA serving adults, dislocated workers
and youth; Food Stamp Employment and Training; TANF Choices activities; access
to subsidized Child Care Services; Wagner-Peyser Employment Services; Trade
Adjustment Assistance; veterans' employment and training programs; adult education;
National Literacy Act services; non-certificate postsecondary career and technology
training; Senior Texans Employment Program; Apprenticeship Program; National
Community Services Act Program; Project RIO for ex-offenders; and access to
unemployment insurance benefits. Boards shall ensure that staff be available
to provide the core services of these programs during all Texas Workforce
Center operating hours;
(16)
ensure availability through the Texas Workforce Centers
of other services for the programs listed in paragraph (15) of this section;
(17)
provide reasonable accommodation and accessibility
in accordance with the Americans with Disabilities Act (ADA); and
(18)
meet each of the requirements for Certified Full
Service Texas Workforce Centers within twelve months of certification as a
Texas Workforce Center.
(b)
Full Service Standards. The Commission has established
specific standards for a Texas Workforce Center to receive full service certification.
A Certified Full Service Texas Workforce Center shall meet each of the following
requirements within twelve months of certification as a Texas Workforce Center.
Certified Full Service Texas Workforce Centers shall:
(1)
design a customer-friendly waiting area and implement written
procedures that define the measures taken to minimize customer wait time in
the reception area and in other areas of the Texas Workforce Center;
(2)
develop written procedures for following up on referrals
to determine customer receipt of services, appropriateness of the referral
to address the customer's needs and the extent of customer satisfaction with
the referral process and service received;
(3)
provide customer access to the statewide job matching
system, resume preparation stations, and the Internet;
(4)
provide consumer information on the quality of education
and training providers and include a mechanism for customer feedback on personal
experience with such providers;
(5)
develop and display a menu of services with a corresponding
fee schedule for services available at the Certified Full Service Texas Workforce
Center;
(6)
demonstrate: direct supervision of all personnel,
a plan for cross-training staff in all services, minimal programmatic specialization
of staff, non-duplication of efforts, removal of redundancies within program
activities, and maximum flexibility to optimize utilization of resources;
(7)
provide basic labor exchange services, including access
to job orders for applicants, access to applicants for employers, and screening
and referral methods for matching appropriate applicants and job orders; and
(8)
provide centralized case management activities for
specialized populations, such as the welfare, veterans, dislocated workers
and disabled populations.
§801.26.One-Stop Innovation Plan.
(a)
Each Board may submit a One-Stop Innovation Plan at a time
and in a format to be determined by the Commission.
(b)
The executive director of the Commission or the executive
director's designee shall evaluate the submitted One-Stop Innovation Plans.
§801.27.Texas Workforce Center Partners.
(a)
Each Board, with the agreement of the chief elected official(s),
shall enter into a memorandum of understanding on their obligations to the
operation of the One-Stop Service Delivery Network with each required Texas
Workforce Center Partner in the local workforce development area.
(b)
Subject to the limitations as referenced in §801.29
of this Chapter, relating to Limitations on Delivery of Services, the required
Texas Workforce Center Partners are the entities that administer the following
in the local workforce development area:
(1)
services authorized under Title I of WIA for adults, dislocated
workers and youths;
(2)
Food Stamp Employment and Training services;
(3)
Temporary Assistance for Needy Families - Choices
services;
(4)
subsidized child care services;
(5)
Welfare-to-Work block grant services;
(6)
Wagner-Peyser employment services;
(7)
Trade Adjustment Assistance and NAFTA/TAA services;
(8)
veterans' employment services;
(9)
adult education activities;
(10)
National Literacy Act services;
(11)
non-certificate postsecondary career and technology
training;
(12)
Senior Texans Employment Program (STEP) services;
(13)
apprenticeship training;
(14)
National and Community Services Act;
(15)
Project RIO services for ex-offenders; and
(16)
Unemployment Insurance.
(c)
Other entities that provide services of benefit to workforce
development, including federal, state, and local programs as well as programs
in the private sector, may be voluntary partners in the One-Stop Service Delivery
Network if the Board and chief elected official(s) agree on the entity's participation.
These entities include, but are not limited to, those that provide:
(1)
vocational rehabilitation program services (for example,
Texas Rehabilitation Commission, Texas Commission for the Blind);
(2)
migrant and seasonal farmworker employment services;
(3)
secondary and postsecondary vocational education and
training activities;
(4)
community services block grant programs;
(5)
employment and training services provided through
grantees of the U. S. Department of Housing and Urban Development;
(6)
Job Corps services for youth; and
(7)
Native American programs.
§801.28.Services Available Through the One-Stop Service Delivery Network.
(a)
Core Services. All Certified Texas Workforce Centers shall
provide core services, as defined in WIA § 134(c) and Texas Government
Code, Chapter 2308, including:
(1)
outreach;
(2)
intake, which may include worker profiling, and orientation
to the information and services available through the One-Stop Service Delivery
Network;
(3)
determinations of whether the individuals are eligible
to receive assistance and services through the One-Stop Service Delivery Network;
(4)
initial assessment of skill levels, aptitudes, abilities,
and supportive service needs;
(5)
job search and placement assistance and, where appropriate,
career counseling;
(6)
provision of performance information and program cost
information on eligible providers of training services as described in §§
841.31 - 841.47 of this chapter (relating to Training Provider Certification),
provided by program, and eligible providers of youth activities described
in WIA §123, providers of adult education described in Title II of WIA,
providers of postsecondary vocational education activities and vocational
education activities available to school dropouts under the Carl D. Perkins
Vocational and Applied Technology Education Act (20 U.S.C.A. §2301
(7)
provision of information regarding how the local area
is performing on the local performance measures and any additional performance
information with respect to the One-Stop Service Delivery Network in the local
area;
(8)
provision of information regarding filing claims for
unemployment compensation;
(9)
provision of employment statistics information, including
the provision of accurate information relating to local, regional, and national
labor market areas, including job vacancy listings in such labor market areas,
information on job skills necessary to obtain the jobs listed, and information
related to local occupations in demand and the earnings and skill requirements
for such occupations;
(10)
provision of accurate information relating to the
availability of supportive services, including child care and transportation,
available in the local workforce development area, and referral to such services,
as appropriate;
(11)
assistance in establishing eligibility for Welfare-to-Work
activities, Choices, Food Stamp Employment and Training, and programs of financial
aid assistance for training and education that are available in the local
area; and
(12)
follow up services, including counseling regarding
the work place, for participants in workforce investment activities authorized
under Chapter 841 of this Title, relating to Workforce Investment Act, who
are placed in unsubsidized employment, for not less than 12 months after the
first day of the employment, as appropriate.
(b)
Intensive Services. A One-Stop Service Delivery Network
shall provide access to services as described in the Texas Government Code,
Chapter 2308, and intensive services as described in the WIA §134(c),
which may include the following:
(1)
comprehensive and specialized assessments of the skill
levels and service needs of adults and dislocated workers, such as diagnostic
testing and use of other assessment tools, in-depth interviewing, and evaluation
to identify employment barriers and employment goals;
(2)
development of an individual employment plan and service
strategy to identify the employment goals, appropriate achievement objectives,
and appropriate combination of services for the participant to achieve employment
goals and objectives;
(3)
group counseling;
(4)
individual counseling and career planning;
(5)
centralized and continuous case management; and
(6)
short-term prevocational services, including learning
skills, communication skills, interviewing skills, punctuality, personal maintenance
skills, and professional conduct to prepare individuals for unsubsidized employment
or training.
(c)
Training Services. A One-Stop Service Delivery Network
shall provide access to training services as described in WIA §134(c)
and the Texas Government Code, Chapter 2308. Training services may include
the following:
(1)
occupational skills training, including training for nontraditional
employment;
(2)
on-the-job training;
(3)
programs that combine work place training with related
instruction;
(4)
training programs operated by the private sector;
(5)
skills upgrading and retraining;
(6)
entrepreneurial training;
(7)
job readiness training;
(8)
adult education and literacy activities in combination
with services with activities described in (1)-(7) of this section; and
(9)
customized training conducted with a commitment by
an employer or group of employers to employ an individual upon successful
completion of training.
(d)
Other Services and Activities. A One-Stop Service Delivery
Network shall offer access to:
(1)
all other permissible local employment and training activities
included in the local workforce development plan, which may include discretionary
one-stop activities, supportive services, and needs-related payments as outlined
in WIA §134(e);
(2)
all programs and activities administered by the Texas
Workforce Center Partners; and
(3)
the information described in Wagner-Peyser Act, §15,
and all job search, placement, recruitment and other labor exchange services
authorized under the Wagner-Peyser Act (29 U.S.C.A. 49
et seq.
).
§801.29.Limitations on Delivery of Services.
Delivery of services under §801.28 of this Title, relating to
Services Available Through the One-Stop Network, is subject to state law requirements
on Board organization and service delivery structure as found in Texas Government
Code, Chapter 2308, and Chapter 801 of this Title, relating to Local Workforce
Development Boards, as well as eligibility requirements and limitations of
individual programs.
This agency hereby certifies that the proposal has been reviewed
by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on January
10, 2000.
TRD-2000000119
J. Ferris Duhon
Assistant General Counsel
Texas Workforce Commission
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-8812
Subchapter B. ONE-STOP SERVICE DELIVERY SYSTEM NETWORK
The Texas Workforce Commission proposes the repeal of §§841.11-841.13
and new §841.11, relating to the One-Stop Service Delivery Network.
New Chapter 841, Subchapter B, is added regarding the One-Stop Service
Delivery Network.
The purpose of the repeal and new §841.11 is to set forth the requirements
to maintain a One-Stop Service Delivery Network.
The proposed rules in Chapters 801 and 841 set forth the One-Stop Service
Delivery Network, developed by the Commission in partnership with the local
workforce development boards (Boards), and emphasize the partnership between
the Commission and the Boards in assuring compliance with Texas Government
Code, Chapter 2308.
Background and Purpose: The purpose of the rules in Chapters 801 and 841
is to facilitate the maintenance and continuous improvement of the One-Stop
Service Delivery Network as established in Texas Government Code, Chapter
2308, and Texas Labor Code, Chapters 301 and 302. The proposed rules provide
a framework that is reflective of the Workforce Investment Act (WIA) one-stop
principles and the principles of Texas' vision as presented in the state plan.
The WIA principles are: streamlining services, empowering individuals, universal
access, increased accountability, a strong role for Boards and the private
sector, and state and local flexibility. The four principles of Texas' vision
are: limited and efficient state government, local control, personal responsibility,
and support for strong families.
The system outlined herein emphasizes the partnership between the Boards
and the Commission in providing a seamless network of information and services
that is responsive to the individual needs of customers. The proposed rules
identify Texas Workforce Center standards and required partners. The rules
also provide support for innovation and excellence in performance and service
delivery in coordination with the Commission's incentive rules.
Randy Townsend, Chief Financial Officer, has determined that for the first
five years the rules are in effect, the following statements will apply:
there are no additional estimated costs to the state and to local governments
expected as a result of enforcing or administering the rules;
there are no estimated reductions in costs to the state or to local governments
expected as a result of enforcing or administering the rules;
there are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the rules;
there are no foreseeable implications relating to costs or revenues to
the state or to local governments as a result of enforcing or administering
the rules; and
there are no anticipated costs to persons who are required to comply with
the rules, as proposed.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses as a result of enforcing or administering the rules because
small and micro-businesses are not required to do anything as a result of
the rules.
Jean Mitchell, Director of Workforce Development, has determined that the
public benefit anticipated as a result of the rules as proposed will be to
emphasize the partnership between the Boards and the Commission in providing
a seamless network of information and services that is responsive to the individual
needs of customers. The additional public benefit anticipated as a result
of the rules is to provide support for innovation and excellence in performance
and service delivery in coordination with the Texas Labor Code, Chapter 302,
and Texas Government Code, Chapter 2308, relating to the delivery of workforce
services by Boards, for the benefit of Texas' residents, employers, and workers.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in this
state as a result of the proposed rules.
Comments on the proposed rules may be submitted to Barbara Cigainero, Workforce
Development Division, Texas Workforce Commission, 101 East 15th Street, Room
130BT, Austin, Texas 78778; Fax Number 512-463-3424; or E-mail to barbara.cigainero@twc.state.tx.us.
Comments must be received by the Commission no later than thirty (30) days
from the date this proposal is published in the
Texas Register
.
Aid to Families with Dependent Children (AFDC)
].
DHS
[
Texas Department of Human Services (DHS)
] allows the following
deductions from earned income of each member of the certified group, including
members disqualified for noncompliance with a program requirement:
$90
] work-related
expense
[
expenses
] deduction.
AFDC
], or
AFDC
].
earned income disregard, according to 45 Code of Federal Regulations §233.20(a)(11)(i)(D)
and §233.20(a)(11)(ii)(B). This deduction is computed after the workrelated
expense and before the dependent care deduction
].
(4)
Subchapter K. EMPLOYMENT SERVICES
(c)
] of this section.
(c) of this section
]. [
DHS defines the Choices exemption for "working 30 or more hours
a week" by 7 Code of Federal Regulations §273.7(b)(1)(vii). The client
may choose to average his hours and income over a 12-month period to meet
this exemption.
]
(c)
For recipients designated by DHS as members
of the State Welfare Reform Group described in §3.6004(a) of this title
(relating to Applicability of Temporary Assistance for Needy Families (TANF)
Policies Resulting from Human Resources Code §31.0031, Dependent Child's
Income; Human Resources Code §31.012, Mandatory Work or Participation
in Employment Activities Through the Choices Training Program; and Human Resources
Code §31.032, Investigation and Determination of Eligibility), DHS exempts
a caretaker relative of a child as specified in Human Resources Code §31.012.
]
Chapter 12.
SPECIAL NUTRITION PROGRAMS
(2)
] Expansion funds - funds
made available to a contractor that has sponsored the participation of day
care homes for at least one year at the time of application for expansion
funds to expand the participation of the CACFP in day care homes located in
low-income and/or rural areas, and to assist potential day care home providers
who are unlicensed or unregistered to become licensed or registered.
(3)
(A)
(B)
(C)
Chapter 90.
INTERMEDIATE CARE FACILITIES FOR PERSONS WITH MENTAL RETARDATION OR RELATED CONDITIONS
satisfactory records
].
Subchapter C. STANDARDS FOR LICENSURE
Subchapter D. GENERAL REQUIREMENTS FOR FACILITY CONSTRUCTION
Subchapter F. INSPECTIONS, SURVEYS, AND VISITS
Subchapter G. ABUSE, NEGLECT, AND EXPLOITATION; COMPLAINT AND INCIDENT REPORTS AND INVESTIGATIONS
(24)
] Reporter - The person
filing a report of alleged abuse, neglect, or exploitation, whether the victim
of alleged abuse, neglect, or exploitation, a third party filing a report
on behalf of the alleged victim, or both.
(25)
] Serious physical injury
- An injury determined to be serious by the examining physician. Examples
of serious injury may include the following: fracture, dislocation of any
joint, internal injury, any contusion larger than two and one half inch in
diameter, concussion, second or third degree burns.
(26)
] Severity - The seriousness
of the identified situation; the degree to which a problem compromises residents'
health and safety, or fails to achieve the highest practicable level of physical,
mental and psychosocial well-being.
(27)
] Sexual abuse - Any
sexual activity, including sexual exploitation as defined in the Texas Penal
Code, involving an employee, agent, or contractor and a person served. Sexual
activity includes, but is not limited to, kissing with sexual intent, stroking
with sexual intent, or fondling with sexual intent; oral sex or sexual intercourse;
request or suggestion or encouragement by staff for performance of sex with
the employee himself/herself or with another person served.
(28)
] Sexual exploitation
- A coercive, manipulative, or otherwise exploitative pattern, practice, or
scheme of conduct, which may include sexual contact, that can reasonably be
construed as being for the purposes of sexual arousal or gratification or
sexual abuse of any person. The term does not include obtaining information
about a patient's sexual history within standard accepted clinical practice.
(29)
] Sexually transmitted
disease - Any infection of a person served, with or without symptoms or clinical
manifestations, that is or may be transmitted from one person to another as
a result of sexual contact between persons.
(30)
] Unconfirmed - Term
used to describe an allegation in which a preponderance of evidence exists
to prove the abuse, neglect, or exploitation did not occur.
(31)
] Unfounded - A finding
that an allegation of abuse, neglect, or exploitation is spurious or patently
without factual basis.
(1)
] Any employee who suspects
or has knowledge of, or who is involved in an allegation of abuse, neglect,
or exploitation, shall make a verbal report to DHS, immediately, if possible,
but in no case more than one hour after the incident. A facility may require
its employees to make a verbal report to the facility administrator, immediately,
if possible, but no later than one hour after the incident.
(2)
] Each employee of a facility
must sign a statement that the employee realizes that the employee may be
criminally liable for failure to report abuse or neglect and that the employee
understands his rights under the Health and Safety Code §252.132. These
statements must be available for inspection by DHS.
(3)
] If the person making
the allegation is not an employee, such as a person receiving services or
a guest, staff shall assist the individual in making the report, if necessary.
(4)
The facility owner, administrator,
designee, or employee of the facility who has cause to believe that the physical
or mental health or welfare of a resident has been, or may be adversely affected
by abuse or neglect caused by another person, shall report the abuse or neglect
to DHS immediately, if possible, but in no case more than one hour after suspicion
or after learning of the incident, at 1-800-292- 2065, any day or hour. The
following incidents, for example, must be reported to DHS's state office,
regardless of the time of day: death; missing resident; abuse or neglect allegations;
sexual abuse; misappropriation of resident property; accidental injuries or
injuries of unknown origin, if there is reason to believe they were the result
of abuse or neglect or if they resulted in serious physical injury; and resident-to-resident
abuse if a resident is killed, taken to the hospital, or the physician has
ordered treatment other than observation when there is a serious injury.
]
Subchapter H. ENFORCEMENT
.
]
(c)
] For purposes of this
chapter "immediate and serious threat" means a situation in which there is
a high probability that serious harm or injury to residents could occur at
any time or has already occurred and may occur again if individuals are not
protected effectively from the harm or if the threat is not removed.
"Immediate and serious threat" is described in Appendix Q of the State Operations
Manual,"Guidelines for Determining Immediate and Serious Threat to Patient
Health and Safety."
In determining whether a violation limits the facility's
ability to comply with the law, a violation must be:
]
(1)
of a number of existing simultaneous
occurrences and previous violations such that a pattern or trend is established;
or
]
(2)
recurrent in nature and type; or
]
(3)
one which presents an immediate and
serious threat to at least one resident, as defined in subsection (c) of this
section; or
]
(4)
of a magnitude or nature that constitutes
a health and safety hazard having a direct or imminent adverse effect on resident
health, safety, security, training, or which presents even more serious danger
or harm; or
]
(5)
of a type established elsewhere in
DHS's licensing rules concerning Intermediate Care Facilities for Persons
with Mental Retardation or Related Conditions (ICFMR/RC) facilities.
]
(j)
The
] facility
that has been
recommended to be assessed an administrative penalty
has a right to
request an appeal as outlined in
subsection (l) of this section
[
§96.6 of this title (relating to Informal Administrative Review
Process for Intermediate Care Facilities for Persons with Mental Retardation
and Related Conditions) and §96.7 of this title (relating to Appeals)
].
of recommended assessment
of a
] penalty is
received by
[
sent to
] a facility,
the facility must give DHS written consent to the penalty or make a written
request for a hearing. If the facility does not make a response within the
20 calendar day
[
20-day
] period, DHS will assess the penalty.
Failure of the facility to file a notice to request a formal hearing within
20 calendar days constitutes a waiver of the right to a hearing.
Hearings
will be held in accordance with the formal hearing procedures in Chapter 79
of this title (relating to Legal Services).
Figure: 40 TAC §90.236(m)
]
Subchapter L. PROVISIONS APPLICABLE TO FACILITIES GENERALLY
Chapter 93.
EMPLOYEE MISCONDUCT REGISTRY
Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 841.
WORKFORCE INVESTMENT ACT