Part 20.
TEXAS WORKFORCE COMMISSION
Chapter 800.
GENERAL ADMINISTRATION
The Texas Workforce Commission (Commission) proposes amendments to
the following sections of Chapter 800, relating to General Administration:
Subchapter C. Performance and Contract Management, §800.81
Subchapter E. Sanctions, §800.151
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
PART III. IMPACT STATEMENTS
PART IV. COORDINATION ACTIVITIES
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed rules amendment is to eliminate references
in this chapter to Chapter 805, relating to the Job Training Partnership Act
Rules. Chapter 805 of this title is concurrently being proposed for repeal
in its entirety because the rules are no longer necessary.
PART II. EXPLANATION OF INDIVIDUAL PROVISIONS
(Note: Minor, nonsubstantive, editorial changes are made that do not change
the meaning of the rules and, therefore, are not discussed in the Explanation
of Individual Provisions.)
SUBCHAPTER C. PERFORMANCE AND CONTRACT MANAGEMENT
The Commission proposes the following amendment:
§800.81. Performance
Section 800.81(i) is deleted. Based on the concurrent proposed repeal of
Chapter 805 of this title, the Job Training Partnership Act Rules, this subsection
is obsolete.
SUBCHAPTER E. SANCTIONS
The Commission proposes the following amendment:
§800.151. Scope and Purpose
Section 800.151(d) is deleted. Based on the concurrent proposed repeal
of Chapter 805 of this title, the Job Training Partnership Act Rules, this
subsection is obsolete.
PART III. IMPACT STATEMENTS
Randy Townsend, Chief Financial Officer, has determined that for each year
of the first five years the rules will be in effect, the following statements
will apply:
There are no estimated additional 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 and to local governments
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 revenue of the
state or local governments as a result of enforcing or administering the rules.
There will be no probable economic costs to persons required to comply
with this rule, and there will be no adverse economic effect on small businesses.
The Agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be within the Agency's legal authority to adopt.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in the
state as a result of the rules.
Luis M. Macias, Director, Workforce Development Division, has determined
that for each year of the first five years the rules are in effect, the public
benefit anticipated as a result of enforcing the proposed rules will be to
ensure compliance with federal and state requirements.
PART IV. COORDINATION ACTIVITIES
In the development of these rules for publication and public comment, the
Commission considered all information gathered in order to develop a rule
that provides clear and concise direction to all parties involved. Additionally,
the Commission provided the policy concept regarding the concurrent proposed
repeal of Chapter 805, relating to the Job Training Partnership Act Rules,
to the Boards for consideration and review.
Comments on the proposed rules may be submitted to TWC Policy Comments,
Workforce and UI Policy, 101 East 15th Street, Room 440T, Austin, Texas 78778;
faxed to 512-475-3577; or e-mailed to TWCPolicyComments@twc.state.tx.us. The
Commission must receive comments postmarked no later than 30 days from the
date this proposal is published in the
Texas Register
.
Subchapter C. PERFORMANCE AND CONTRACT MANAGEMENT
40 TAC §800.81
The rules are proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The proposed rules affect Title 4, Texas Labor Code, particularly Chapters
301 and 302.
§800.81.Performance.
(a)
A Board shall meet or exceed performance targets as referenced
in contracts with the Agency.
(b)
The Commission shall determine the performance targets
based on federal and state performance standards and by using factors that
may be necessary to achieve the mission of the Commission and reflect local
conditions. The Commission approves individual Board performance targets annually,
which may be adjusted based on local conditions including, but not limited
to, specific economic conditions and demographic characteristics of the workforce
area.
(c)
A Board and other
subrecipients
[
(d)
A Board's achievement of high levels of performance may
result in the Commission providing incentives for the Board.
(e)
A Board's failure to meet minimum levels of performance
as referenced in the Board's contract may result in corrective actions, penalties
,
or sanctions as specified in:
(1)
Part 20 of this title (relating to the Texas Workforce
Commission), including Chapter 800, Subchapter E
,
relating to Sanctions;
(2)
the Board's contract with the Commission; or
(3)
[
(f)
A Board may submit to the Commission a request for an adjustment
to the minimum levels of performance.
(g)
The Commission may determine what constitutes a necessary
adjustment to local performance targets and may consider specific economic
conditions and demographic characteristics to be served in the [
(h)
The Governor may adopt additional performance incentives
and sanctions provisions as provided in WIA.
[
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 June 22, 2006.
TRD-200603419
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
40 TAC §800.151
The rules are proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The proposed rules affect Title 4, Texas Labor Code, particularly Chapters
301 and 302.
§800.151.Scope and Purpose.
(a)
The purpose of this subchapter is to:
(1)
ensure accountability of
Boards
[
(2)
ensure performance in reaching outcome measures
;
[
(3)
ensure adequate returns on state investments
;
[
(4)
support the state in achieving its goals.
(b)
The Agency may review financial, administrative, and performance
data to evaluate a Board and
subrecipients
[
(c)
To accomplish the purposes of this
subchapter
[
[
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 June 22, 2006.
TRD-200603420
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
The Texas Workforce Commission (Commission) proposes the repeal of
the following sections of Chapter 805, relating to the Job Training Partnership
Act (JTPA) rules:
Subchapter A, General Provisions:
§§805.101 - 805.106
Subchapter C, Job Training Plans:
§§805.140 - 805.155
Subchapter D, Performance Standards:
§§805.160 - 805.165
Subchapter E, State Monitoring and Sanctions Policies:
§§805.170 - 805.196
Subchapter F, Financial Management Rules:
§§805.200 - 805.232
Subchapter G, Eligibility Policies and Procedures:
§§805.240 - 805.249
Subchapter I, JTPA Grievance Procedures:
§§805.280 - 805.298
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
PART II. IMPACT STATEMENTS
PART III. COORDINATION ACTIVITIES
PART I. PURPOSE, BACKGROUND, AND AUTHORITY
The purpose of the proposed repeal is to eliminate Chapter 805, relating
to the JTPA rules. The Workforce Investment Act repealed JTPA and initiated
a new delivery system for providing employment and training services. Therefore,
these rules are no longer required.
PART II. IMPACT STATEMENTS
Randy Townsend, Chief Financial Officer, has determined that for each year
of the first five years the proposed repeal will be in effect, the following
statements will apply:
There are no estimated additional costs to the state and to local governments
expected as a result of enforcing or administering the repeal.
There are no estimated reductions in costs to the state and to local governments
as a result of enforcing or administering the repeal.
There are no estimated losses or increases in revenue to the state or to
local governments as a result of enforcing or administering the repeal.
There are no foreseeable implications relating to costs or revenue of the
state or local governments as a result of enforcing or administering the repeal.
There will be no probable economic costs to persons required to comply
with this repeal, and there will be no adverse economic effect on small businesses.
The Agency hereby certifies that the proposal has been reviewed by legal
counsel and found to be within the Agency's legal authority to adopt.
Mark Hughes, Director of Labor Market Information, has determined that
there is no significant negative impact upon employment conditions in the
state as a result of the repeal.
Luis M. Macias, Director, Workforce Development Division, has determined
that for each year of the first five years the proposed repeal is in effect,
the public benefit anticipated as a result of enforcing the proposed repeal
will be to ensure compliance with federal and state requirements.
PART III. COORDINATION ACTIVITIES
In the development of the proposal for publication and public comment,
the Commission sought the involvement of each of Texas' 28 Boards. The Commission
provided the policy concept regarding the proposed repeal to the Boards for
consideration and review.
Comments on the proposed repeal may be submitted to TWC Policy Comments,
Workforce and UI Policy, 101 East 15th Street, Room 440T, Austin, Texas 78778;
faxed to (512) 475-3577; or e-mailed to TWCPolicyComments@twc.state.tx.us.
The Commission must receive comments postmarked no later than 30 days from
the date this proposal is published in the
Texas
Register
.
Subchapter A. GENERAL PROVISIONS
40 TAC §§805.101 - 805.106
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, particularly Chapters 301
and 302.
§805.101.Short Title and Purpose.
§805.102.General Definitions.
§805.103.General Duties of Governor's Office.
§805.104.General Duties of the Texas Workforce Commission.
§805.105.The Texas Council on Workforce and Economic Competitiveness.
§805.106.Implementation of USDOL Final Rule.
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 June 22, 2006.
TRD-200603412
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
40 TAC §§805.140 - 805.155
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, particularly Chapters 301
and 302.
§805.140.Plan Submission for Review and Approval.
§805.141.Standards for Plan Approval or Disapproval.
§805.142.Plan Modification or Amendment.
§805.143.Criteria for Plan Modification.
§805.144.Criteria for Plan Amendment.
§805.145.Competency System Development and Approval.
§805.146.Submission for State Approval.
§805.147.Elements of a Sufficiently Developed Competency System.
§805.148.Substate Plans.
§805.149.Carry-Over Funds.
§805.150.Services to Displaced Homemakers.
§805.151.Rapid Response Grants.
§805.152.Certificate of Continuing Eligibility.
§805.153.Allotment of Dislocated Worker State Reserve Funds.
§805.154.Discretionary Fund Distribution Process.
§805.155.Waiver of Expenditures for Retraining Services.
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 June 22, 2006.
TRD-200603413
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
40 TAC §§805.160 - 805.165
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, particularly Chapters 301
and 302.
§805.160.Definitions.
§805.161.Variations to DOL Performance Standards.
§805.162.State Performance Standards.
§805.163.Incentive Grants for Exceeding DOL Performance Standards.
§805.164.Incentive Grants for Exceeding State Standards.
§805.165.Distribution of Any Remaining Incentive Funds.
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 June 22, 2006.
TRD-200603414
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
40 TAC §§805.170 - 805.196
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, particularly Chapters 301
and 302.
§805.170.Purpose and Authority.
§805.171.Definitions.
§805.172.State Monitoring.
§805.173.The Monitoring Report.
§805.174.Responses to Monitoring Reports.
§805.175.Local Monitoring Plan Development.
§805.176.Subrecipient Roles and Responsibilities.
§805.177.Assessment of Subrecipient Monitoring Functions.
§805.178.PIC Oversight Standards.
§805.179.State Sanctions Policy and Procedures.
§805.180.Sanctions Procedures.
§805.181.Repeated Problems or Findings.
§805.182.Imposition of Sanctions.
§805.183.Technical Assistance and Reorganization.
§805.184.Failure To Meet Performance Standards.
§805.185.Technical Assistance Plan.
§805.186.SDA/SSA Reorganization Plan Due to Consecutive Failure.
§805.187.Sanctions for Continued Violations.
§805.188.Subrecipient Annual Audit Requirement.
§805.189.Audit Costs.
§805.190.Competitive Bidding To Procure Auditor.
§805.191.Contents of Audit Report.
§805.192.Subrecipient Annual Audit Plan.
§805.193.Audit Submissions.
§805.194.Informal Resolution Process.
§805.195.Failure To Submit Audit.
§805.196.Appeals from Final Determinations.
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 June 22, 2006.
TRD-200603415
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
40 TAC §§805.200 - 805.232
(Editor's note: The text of the following sections proposed for
repeal will not be published. The sections may be examined in the offices
of the Texas Workforce Commission or in the Texas Register office, Room 245,
James Earl Rudder Building, 1019 Brazos Street, Austin.)
The repeal is proposed under Texas Labor Code §301.0015
and §302.002(d), which provide the Texas Workforce Commission with the
authority to adopt, amend, or repeal such rules as it deems necessary for
the effective administration of Agency services and activities.
The repeal affects Title 4, Texas Labor Code, particularly Chapters 301
and 302.
§805.200.Purpose and Authority.
§805.201.General Cash Management.
§805.202.Subrecipient Bonding.
§805.203.Repayment of Disallowed Costs.
§805.204.Historically Underutilized Businesses (HUBs).
§805.205.Insurance Requirements.
§805.206.Refund Policy.
§805.207.Allowable and Unallowable Costs.
§805.208.Definition of an Obligation.
§805.209.Reporting Obligations.
§805.210.Voluntary Deobligation.
§805.211.Contractor Code of Conduct.
§805.212.JTPA Records and Files.
§805.213.Methods of Procurement.
§805.214.Competitive Negotiation Method.
§805.215.Request for Proposal (RFP) Process.
§805.216.Statement of Work.
§805.217.Noncompetitive Negotiation (Sole Source) Method.
§805.218.Processing of Noncompetitive Procurements.
§805.219.Cost/Price Analysis.
§805.220.Contract Payments.
§805.221.Contract Budgets.
§805.222.Fixed-unit Price Contracts.
§805.223.Nonexpendable Personal Property Management.
§805.224.Subrecipient Property Inventory.
§805.225.Property Maintenance and Security.
§805.226.Shared Use of JTPA Property.
§805.227.Disposition of Excess Nonexpendable JTPA Property.
§805.228.Reporting Requirements.
§805.229.The Closeout Process.
§805.230.Resolution of Questioned Costs.
§805.231.Subrecipient Time Limitations.
§805.232.Variance from Uniform Grant and Contract Management Standards.
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 June 22, 2006.
TRD-200603416
Reagan Miller
Deputy Director for Workforce and UI Policy
Texas Workforce Commission
Earliest possible date of adoption: August 6, 2006
For further information, please call: (512) 475-0829
subrecipient
] shall comply with all Commission rules, Workforce Development (WD)
Letters, the
Financial Manual for Grants and Contracts,
[
Grants and Contracts Manual, the Financial Manual
] and guidance letters
of the Agency, including rules contained in other chapters of Part 20 of this
title applicable to specific services and activities performed by a Board
and other subrecipients.
as otherwise provided for by
] federal or state
statute or rule.
local
] workforce [
development
] area and other factors the Commission
deems appropriate including the anticipated impact of the adjustment on the
state's performance.
(i)
A Board shall comply with and remain subject
to the provisions contained in Chapter 805 effective on July 1, 2001, relating
to performance or any other matters addressed in Chapter 805 regarding any
funds granted by the Secretary of Labor under the JTPA regulations or Act,
including NRA and other funds.
]
Subchapter E. SANCTIONS
Local
Workforce Development Boards (Boards)
] and other subrecipients of the
Agency, in meeting the needs of employers and job seekers
;
[
,
]
,
]
,
] and
subrecipient
]
of the Agency to determine the need for sanctions.
Subchapter
], the Agency may require at any point during the year that
a Board or
subrecipients
[
subrecipient
] of the Agency
cooperate with remedial actions, including
,
but not limited to
,
entering into a Performance Improvement Plan and other performance
review and assistance activities.
(d)
This rule incorporates by reference the
existing rule for the Job Training Partnership Act Program cited in §805.170
- §805.196 of this title.
]
Chapter 805.
JOB TRAINING PARTNERSHIP ACT RULES
Subchapter C. JOB TRAINING PLANS
Subchapter D. PERFORMANCE STANDARDS
Subchapter E. STATE MONITORING AND SANCTIONS POLICIES
Subchapter F. FINANCIAL MANAGEMENT RULES
Subchapter G. ELIGIBILITY POLICIES AND PROCEDURES