The Texas Workforce Commission (Commission) proposes new §§839.11, 839.12, and 839.31-839.47, relating to grievance procedures for the Welfare to Work program.

The purpose of new Subchapter B is to clarify the Nondiscrimination and Equal Opportunity Provisions that apply. Sections 839.11 and 839.12 address applicability and exclusion of gender discrimination, respectively.

The purpose of new Subchapter C is to address the Welfare to Work Grievance Procedures. Sections 839.31-839.33 set out the purpose, the optional forms available, and definitions, respectively. Sections 839.34 and 839.35 address grievance filing procedures and time limits at the local level. Section 839.36 concerns the Welfare to Work Provider responsibilities. Sections 839.37 and 839.38 address the Orientation to Complaint procedure and the local level informal conference procedure. Sections 839.39 through 839.42 discuss the opportunity and request for a hearing, notice of the hearing, hearing officer, and the hearing procedure. Section 839.43 addresses the need for a written decision. Section 839.44 governs the request for a review of the written decision. Section 839.45 sets out the procedure for review. Section 839.46 discusses the final written decision. Section 839.47 sets out the remedies available.

The Balanced Budget Act of 1997 authorized the U.S. Department of Labor (DOL) to provide Welfare-to-Work (WtW) Formula Grants to states and local communities to create additional job opportunities for hard-to-employ recipients of Temporary Assistance for Needy Families (TANF). These grants will provide many welfare recipients with job placement services, transitional employment, and other support services that they need to make the successful progression into long-term unsubsidized employment. The State Welfare to Work plan is an addendum to the State's TANF plan.

Under the WtW Formula Grant Program, Texas will allocate 85 percent of its funding from DOL to the Boards. If a Local Workforce Development Area does not have a certified Board, the funds for that area will be allocated to the Private Industry Council (PIC) for that area. Boards have the jurisdiction and the authority to develop local policy, to determine which segments of the eligible population to target, to determine service delivery practices and procedures, to set the services and activities available in each local workforce development area, to demonstrate collaboration with other local partners, and to provide in-kind matching funds for the program. These activities and services are to be delivered consistent with federal and state laws, regulations, rules, and policies.

Under the WtW law, states are required to establish and maintain a grievance procedure for resolving complaints from program participants with regard to nondiscrimination, health and safety, gender discrimination and worker displacement, and from regular employees alleging displacement, as required by the WtW statute and regulations. The guidelines include an opportunity for informal resolution. If informal resolution cannot be reached, the rules provide the procedure for a dissatisfied party to receive a hearing. These procedures comply with the federal timeline that no later than 120 days after receipt of an individual's original grievance, a final written determination of any appeal must be finalized.

Randy Townsend, Chief Financial Officer, has determined that for the first five years the rule is 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 and administering the rule;

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 new rules; and

there are no anticipated costs to persons who are required to comply with the rule as proposed.

Randy Townsend, Chief Financial Officer, has determined that there is no anticipated adverse impact on small businesses as a result of enforcing or administering these rules.

Jean Mitchell, Director of Workforce Development, has determined that the public benefit anticipated as a result of the sections as proposed will be to ensure that a mechanism is in place to address any applicable grievances filed under the WtW program.

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 these proposed sections.

Comments on the proposed new sections may be submitted to Reagan Faulkner, Workforce Development Division, Texas Workforce Commission, 101 East 15th Street, Room 434T, Austin, Texas 78778; Fax Number (512) 475-2176; or E-mail to reagan.faulkner@twc.state.tx.us.

Comments must be received by the Commission no later than 30 days from the date this proposal is published in the Texas Register .

Subchapter B. Nondiscrimination and Equal Opportunity