Part I.
Texas Department of Human Services
Chapter 75.
Investigations
Subchapter A. General Procedures
The Texas Department of Human Services (DHS) adopts the repeal of
§75.1 and §75.2; and adopts an amendment to §75.3, without
changes to the proposed text published in the April 30, 1999, issue of the
The justification for the repeals is to delete obsolete rules because the
Office of the Inspector General no longer investigates licensed or unlicensed
operating facilities. The investigation of licensed and unlicensed operating
facilities is now conducted by other areas of DHS, the Texas Department of
Health, the Health and Human Services Commission, and the Office of the Attorney
General.
The justification for the amendment to §75.3 is to change the name
in the rule from the Texas Department of Human Resources to the Texas Department
of Human Services to reflect the current name of the agency responsible for
the rule.
The sections will function by eliminating obsolete provisions and correct
obsolete references.
No comments were received regarding adoption of the repeals and amendment.
40 TAC §75.1, §75.2
The repeals are adopted under the Human Resources Code, Title
2, Chapter 21, which provides the department with the authority to allocate
and reallocate functions of the agency.
The repeals implement §21.005 of the Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
7, 1999.
TRD-9903313
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 15, 1999
Proposal publication date: April 30, 1999
For further information, please call: (512) 438-3765
40 TAC §75.3
The amendment is adopted under the Human Resources Code, Title
2, Chapter 21, which provides the department with the authority to allocate
and re-allocate functions of the agency.
The amendment implements §21.001 of the Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
7, 1999.
TRD-9903314
Paul Leche
General Counsel, Legal Services
Texas Department of Human Services
Effective date: July 15, 1999
Proposal publication date: April 30, 1999
For further information, please call: (512) 438-3765
Chapter 106.
Contract Administration
Subchapter A. Acquisition of Client Goods and Services
40 TAC §106.32
The Texas Rehabilitation Commission (TRC) adopts an amendment
to §106.32, concerning Adverse Actions, without changes to the proposed
text as published in the April 30, 1999, issue of the
Texas Register
(24 TexReg 3307) and will not be republished.
The section is amended to add the words "or grant" in subsection (a) and
"or grantee" in subsection (b).
No comments were received regarding adoption of the amendment.
The amendment is adopted under the Texas Human Resources Code,
Title 7, Chapter 111, §111.018 and §111.023, which provides the
Texas Rehabilitation Commission with the authority to promulgate rules consistent
with Title 7, Texas Human Resources Code.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
1, 1999.
TRD-9903212
Charles Schiesser
Chief of Staff
Texas Rehabilitation Commission
Effective date: June 21, 1999
Proposal publication date: April 30, 1999
For further information, please call: (512) 424-4050
Chapter 841.
Workforce Investment Act
The Texas Workforce Commission (Commission) adopts new §§841.1,
841.2, 841.11-841.13, 841.31-841.42, 841.45, 841.47-841.49, 841.61-841.69,
and 841.91-841.96, relating to the implementation of the Workforce Investment
Act. Sections 841.2, 841.12, 841.13, 841.32, 841.35, 841.39, 841.42, 841.45,
841.47, 841.48, and 841.66 are adopted with changes to the proposed text as
published in the April 16, 1999, issue of the
Texas
Register
(24 TexReg 3054). Sections 841.1, 841.11, 841.31, 841.33,
841.34, 841.36-841.38, 841.40, 841.41, 841.49, 841.61-841.65, 841.67-841.69
and 841.91-841.96 are adopted without changes and will not be republished.
The Commission withdraws and reproposes §§841.43, 841.44, and
841.46 for an additional 30-day comment period.
The 74th Texas Legislature and the Governor enacted Texas' landmark legislation,
House Bill 1863 (H.B. 1863), in 1995. This state law reformed both the welfare
and workforce systems and made Texas one of the nation's leaders among reform-minded
states. House Bill 1863 provided local elected officials the opportunity to
form local workforce development boards (LWDB or the Board) that enjoy the
flexibility and authority to design and oversee the delivery of workforce
development services that meet the needs of local employers and workers.
The federal Workforce Investment Act of 1998 (WIA) recognizes the strides
made in the development of Texas' workforce investment system and specifically
provides for the state to maintain many features of H.B. 1863. Without these
provisions, early implementation of WIA in Texas would be substantially more
complicated. Key features of the system that Texas is preserving include the
following.
The State Human Resource Investment Council, called the Texas Council on
Workforce and Economic Competitiveness (TCWEC) constituted under prior consistent
state law, will function as the State Board.
The twenty-eight existing local workforce development areas (LWDAs), established
under prior consistent state law, will function as the local workforce investment
areas for purposes of WIA.
The State will continue to use the Allocation Rule established under prior
consistent state law for the disbursement of WIA funds.
The State will continue to use the sanctions, established under prior consistent
state law, for nonperformance by an LWDB.
LWDBs established in conformity with prior consistent state law will perform
the functions of the local workforce investment boards, including those functions
required of a Youth Council.
In lieu of designating or certifying one-stop partners and operators as
described in WIA, Texas requires LWDBs to partner with entities listed in
prior consistent state law and to competitively procure the Center Operator(s).
The LWDBs will also continue to make arrangements for financial services
by selecting fiscal agents in accordance with the process established in prior
consistent state law set out in the Texas Government Code.
Texas bases its strategies for implementing WIA requirements for the Texas
workforce development system on four key principles determined by the Governor:
(1) limited and efficient state government; (2) local control; (3) personal
responsibility; and (4) support for strong families. The training provider
certification system is guided by these four key principles which serve as
a framework to guide the development of this system in order to allow maximum
flexibility, emphasize customer choice, and demand strict accountability.
Within each LWDA, the LWDB and the Commission must find a provider of training
services to be eligible and qualified to provide a training program before
WIA funds may be used to pay for services provided by that training program.
All providers must submit written applications in order for eligibility to
be determined.
As described in §841.38, the LWDBs will develop an application to
be used in two situations. The first situation is that of institutions which
are eligible to receive federal funds under Title IV of the Higher Education
Act of 1965 and which provide a program that leads to an associate degree,
baccalaureate degree, or certificate, when those institutions are seeking
to be certified as an eligible provider for a program leading to an associate
degree, baccalaureate degree, or certification. The second situation occurs
when an entity that carries out programs under the National Apprenticeship
Act is seeking certification as an eligible provider for a program under the
National Apprenticeship Act.
A second application process, described in §841.39, is used in three
situations. The first is when a postsecondary school is seeking certification
as an eligible provider for a program which does not lead to an associate
degree, baccalaureate degree, or certification. The second is when an entity
that carries out programs under the National Apprenticeship Act is seeking
certification as an eligible provider of a program which is not regulated
under the National Apprenticeship Act. The third is when any other public
or private provider of training services, including community-based and faith-based
organizations, seeks to be certified as an eligible provider of training services.
The Commission solicited and received comments and input into the development
of the provider certification procedures through meetings with representatives
of community colleges, proprietary schools, literacy training providers, apprenticeship
programs and LWDBs; the creation and continuous revision of a website on the
Internet; and a public hearing on the WIA state plan held on March 11, 1999.
The Commission also held a public hearing to receive oral testimony on
these rules on May 13, 1999, in Room 244 of the TWC Building at 101 East 15th
Street, Austin, Texas. The following appeared to provide their comments on
the proposed rules: Dallas County Community College District, Tarrant County
Junior College, and Houston Works.
Written comments expressing concern and suggestions regarding some sections
of the rules were received from the Texoma Workforce Development Board, West
Central Texas Local Workforce Development Board, Tarrant County Junior College,
Texas Council on Workforce and Economic Competitiveness, and the Texas Skill
Standards Board. Following each comment is the Commission's response.
Comments regarding §841.2, Definitions, are as follows:
Comment: Two commenters request that a definition for "certificate" be
added that would allow those postsecondary educational institutions [eligible
to receive federal funds under title IV of the Higher Education Act of 1965
(20 U.S.C. 1070 et seq.)] offering courses that do not lead to an associate
degree, baccalaureate degree or certificate (or 360 contact hour continuing
education programs) to be exempt from the application requirements in §841.39.
The commenters recommend that the definition read: "Certificate: A course
or sequence of courses which provide a set of skills necessary for employment."
Response: The Commission agrees with the need for a definition, but not
with the definition suggested. While the US Department of Labor (DOL) has
not issued a definition for "certificate," it is clear that a primary goal
of WIA is informed consumer choice. The Commission will consider the term
and amend the rule to add a definition at a later time.
Comment: A commenter suggests the addition of definitions for the following:
(1) certification process, (2) certified providers, (3) performance standards,
(4) appeals, (5) "Council" for Texas Council on Workforce and Economic Competitiveness,
(6) grievance, and (7) "TSSB" for Texas Skill Standards Board.
Response: The Commission agrees that definitions for "certified providers"
and "performance standards" are needed. The Commission will consider the other
items and amend the rule to add definitions as needed at a later time. However,
"certification process" is addressed in Subchapter C; "appeals" and "grievance"
are addressed in Subchapters D and E. Therefore, no additional definition
is required. As the terms "Council" and "TSSB" are not used in the rules,
the Commission does not agree that they need to be defined.
The Commission has amended the definition of "Commission" for clarity.
Comments regarding §841.12, Requirements of One-Stop Delivery System,
are as follows:
Comment: A commenter recommends adding "through the one-stop delivery system"
to the end of §841.12(a)(2) for clarification.
Response: The Commission agrees to amend the proposed rule to ensure consistent
use of terminology.
The Commission has added "full service" to §841.12(a) to clarify which
career center is required.
General comments regarding Subchapter B, One-Stop Delivery System, are
as follows:
The Commission has amended the word "another" to read "other" in §841.35(3)
for grammar purposes.
Comment: A commenter expresses concern that case managers at one-stop centers,
due to their pivotal importance in the system, be qualified to provide the
full array of required services under this section. The commenter requests
that the Commission provide job requirements for one-stop center case managers
providing these services.
Response: The Commission will recommend to the LWDBs that they adopt job
requirements to ensure qualified staffing in this and all other programs.
However, both WIA and state statutes concerning training programs emphasize
local control in the organization and delivery of services. Therefore, the
Commission declines to set job requirements for positions at the local level.
General Comments regarding Subchapter C, Training Provider Certification,
are as follows:
Comment: A commenter requests clarification as to whether or not LWDBs
may negotiate tuition with training service providers.
Response: Nothing in these rules prohibits a LWDB from negotiating with
training providers to achieve the lowest cost for services. The Commission
supports activities to increase local competition among training providers.
Comment. A commenter suggests that individuals with ITAs should not have
the ability to shop for training services.
Response: Informed consumer choice is an integral part of WIA, and is fully
supported by both the Governor and the Commission. Additionally, the law ensures
that participating training service providers meet eligibility requirements
based, in part, on rigorous performance standards. Therefore, the Commission
declines to make this amendment.
Comments regarding §841.38, Initial Certification Process, are as
follows:
Comment: A commenter expresses confusion about who should develop training
provider application policy and forms - the LWDBs or the Commission.
Response: Each LWDB must develop a written application process for initial
certification of specified providers described in §841.38. Such an application
must include the key elements as required by the state.
Comments regarding §841.39, Alternative Application for Initial Eligibility
Determination, are as follows:
Comment: A commenter addresses the information required of training providers
applying to LWDBs for initial eligibility, and suggests the Commission either
(1) prepare a standardized application as a model that the LWDBs could vary
as long as the required information was included, or (2) that the rule be
amended to list information LWDBs should consider requesting from training
providers.
Response: The Commission, as the agency designated by the Governor to administer
the WIA program, sets policy establishing which information must be provided
by training program providers not initially eligible under WIA. Applications
developed by the LWDB must include, at a minimum, all of the application elements
established by the Commission. The Commission agrees with the suggestion that
the Commission prepare a sample application and will work with the LWDBs to
develop such a sample document.
Comment: A commenter feels that §841.39(d) creates confusion for consumers
regarding ITAs by allowing training providers, who are not seeking WIA certification
and, therefore, cannot be accessed through ITAs, to be included on the state
list. The commenter requests that the subsection be deleted or clarified.
Response: In order to remove any initial confusion regarding the use of
ITAs and to ease the transition to WIA requirements, the Commission agrees
to amend the rule to remove the reference to training providers not seeking
WIA certification. However, one of the important components of the training
provider certification system is informed consumer choice. WIA participants
using non-WIA resources may wish to enroll in training programs that are not
WIA certified. Additionally, the state list is available to potential students
who do not have ITAs. For these reasons, in the future, the Commission will
be working with the LWDBs to develop a master list of all training providers
in the state. The Commission has also amended §841.47(b) of this title
(relating to Certified Provider Lists) to be consistent.
Comment: A commenter recommends eliminating §841.39(f) because of
possible hardships to areas with limited staff and newly eligible training
providers.
Response: The Commission agrees that any on-site visit requirement may
be a burden in some situations and will amend this subsection to require LWDB
monitoring that shall include, to the extent reasonable, on-site visits to
confirm training provider initial eligibility application information.
The Commission has amended §841.39(b)(9) to allow for greater flexibility.
The Commission has amended §841.39(b)(13) to clarify what is required
in the outline of the course or program curriculum.
The Commission has amended the renumbered §839.39(d) by replacing
the term "Governor" with the term "Commission" for purposes of consistency.
Comments regarding §841.40, Application Submission, are as follows:
Comment: : A commenter suggests expanding the narrative regarding application
submission.
Response: Sections 841.38 and 841.39 include information regarding the
process for submitting applications for certification. Additional information
will be provided in a reporting and procedures manual developed and disseminated
by the Commission. Therefore, the Commission declines to amend the rule.
Comments regarding §841.42, Exceptions to Provider Certification Requirements,
are as follows:
Comment: A commenter recommends modifying §841.42(a) to allow on-the-job
and customized training providers to provide locally determined performance
data, when available. The commenter states that this should be a local decision
because (1) historical data may be unavailable and (2) there are no certification
requirements under WIA for these providers. The commenter says that as there
are no requirements under WIA for certification of on-the-job or customized
training providers, the Commission should not add requirements.
Response: WIA provides that the state may require performance data for
these types of training providers. The Commission will amend the subsection
to require performance data as may be required by the state, and will address
potential performance data requirements for on-the-job and customized training
providers in a future rule. The Commission also amends §841.42(b) to
replace the term "Governor" with the term "Commission" for purposes of consistency.
Comments regarding §841.43, Application for Subsequent Eligibility
Determination, are as follows:
Comment: A commenter recommends deleting the phrase "from date of certification"
from the first sentence in the subsection because the LWDBs should determine
the annual continuing eligibility date.
Response: In recognition of the importance of local control, the LWDBs
may request that the state make a certification effective on or after a requested
date subject to the state's 30-day review process. The Commission disagrees
with the suggested change, but has amended the rule to clarify the intent.
Due to changes to this section, the Commission has withdrawn and re-proposed
§841.43 of this title (relating to Application for Subsequent Eligibility
Determination) for an additional 30-day comment period.
Comment: A commenter suggests that §841.43(e) establishes a four-month
timeframe without enrollment as a definition of completion and suggests that
this should be a local decision. The commenter further suggests that the Commission
establish definitions for core indicators, such as enrollment, completion,
and participation, and disseminate them through (1) a technical assistance
manual, or (2) rules related to reporting, performance negotiation, and core
indicators.
Response: The Commission will consider local criteria for successful course
or program curriculum completion submitted by training providers, and §841.39(b)(13)
will be amended to clarify this. The Commission will consider a definition
for the term "completion" and will amend the rule to define this term at later
time. The other terms referred to by the commenter will be subject to standards
and definitions established by the Commission, including timeframes for program
participation. The Commission disagrees that timeframes is a local decision.
Standards and definitions developed by the Commission with the input of the
local LWDBs will be published in a reporting and procedures technical assistance
manual. Due to changes to this section, the Commission has withdrawn and re-proposed
§841.43 of this title (relating to Application for Subsequent Eligibility
Determination) for an additional 30-day comment period.
Comments regarding §841.44, Determination of Subsequent Eligibility,
are as follows:
Comment: A commenter suggests the addition of clarifying language pertaining
to an LWDB's consideration of local occupational demand when determining subsequent
eligibility for a given training program.
Response: The Commission agrees and will amend the proposed rule to require
LWDB consideration of current and projected occupational demand. Due to changes
to this section, the Commission has withdrawn and re-proposed §841.44
of this title (relating to Determination of Subsequent Eligibility) for an
additional 30-day comment period.
Comment: A commenter suggests clarifying the proposed language to better
address the intent to utilize skill standards, and specifically those recognized
by the Texas Skill Standards Board, in the eligibility determination process.
Response: The Commission agrees and will amend the rule as suggested. Due
to changes to this section, the Commission has withdrawn and re-proposed §841.44
of this title (relating to Determination of Subsequent Eligibility) for an
additional 30-day comment period.
Comment: A commenter recommends eliminating §841.44(b)(1)-(4) because
the LWDBs lack the expertise and funding to adequately undertake a local skill
needs analysis. Further, locally determined skill standards do not advance
or establish recognition of statewide or national skills standards.
Response: The Commission agrees with the comment. The intent is not to
have LWDBs develop skill standards. Rather the intent of this section is to
ensure that employers in each LWDA of the state are involved in identifying
skill needs in their area and ensuring training providers use this information
when developing new programs and establishing successful outcomes for these
programs. The rule has been amended to clarify the role of employers, LWDBs,
and training providers. Due to changes to this section, the Commission has
withdrawn and re-proposed §841.44 of this title (relating to Determination
of Subsequent Eligibility) for an additional 30-day comment period.
Comments regarding §841.45, Standards of Performance, are as follows:
Comment: A commenter recommends eliminating §§841.45(b)(1) and
841.45(b)(3) relating to performance measures for both training completion
and training relatedness employment rates for the following reasons: (1) they
are not federally required; (2) training completion may be realized when an
individual is employed even without completing a training; and (3) establishing
training relatedness rates requires time and funding, and may not be accurately
reflected because employers typically classify positions based on insurance
ratings rather than job tasks.
Response: The Commission disagrees with the suggested change. WIA requires
that training providers submit verifiable program-specific information to
be considered for subsequent eligibility, including program completion rates
for all individuals participating in the program. Training-relatedness is
referenced in WIA as a program quality measure, and the Commission supports
the use of it. Terms not defined through the issuance of DOL reporting requirements
will be subject to the standards and definitions established by the Commission
and published in a reporting and procedures technical assistance manual. Therefore,
the Commission declines to delete these subsections.
The Commission has amended §841.45(a) by replacing the term "Governor's"
with the term "Commission's" for purposes of consistency.
The Commission has added §841.45(c) to clarify that the certain performance
standards may be adjusted and should reflect continuous improvement within
the local area.
Comments regarding §841.46, Verifiable Program-Specific Performance
Information, are as follows:
Comment: A commenter recommends deleting §841.46(c) if the LWDBs must
conduct the independent audit because it is a cost that appears to have little
value, especially if performance data is collected through an automated system
of unemployment insurance wage record matching.
Response: The Commission agrees. Independent audits will be required only
when Commission-approved supplemental methodologies are used to support and
supplement the provision of required performance reporting by training providers.
In such instances, the audit must be conducted by a certified public accountant
on behalf of the training service provider. The rule has been amended to reflect
this change. Due to changes to this section, the Commission has withdrawn
and re-proposed §841.46 of this title (relating to Verifiable Program-Specific
Performance Information) for an additional 30-day comment period.
Comments regarding §841.47, Certified Provider Lists, are as follows:
Comment: A commenter suggests amending the rule to require only annual
invitation to training providers to submit an application for certification.
Response: The Commission agrees. The intent was to ensure training provider
knowledge of, and access to, the system. However, as there are a variety of
ways that training providers can learn about accessing the system other than
through twice annual invitations, the Commission will amend the rule to require
an annual publication.
Comment: A commenter recommends streamlining the training provider list
submission process by requiring LWDBs to submit a complete list annually,
and to submit additions to the list within thirty (30) days of approval. Another
commenter recommends amending §841.47(c) to require LWDBs to submit training
provider lists quarterly, rather than monthly. This will provide consistency
with the requirement that LWDBs submit training provider performance data
quarterly and thereby reduce LWDB reporting burdens.
Response: The Commission agrees with the need to streamline the process.
The Commission believes that submitting the list annually would be appropriate.
Therefore, the Commission amends §841.47(c) to require that the list
of eligible providers be provided to the Commission annually, with changes
or additions submitted monthly in order for the Commission to maintain an
updated and complete provider list.
The Commission has amended §841.47(e) of this title (relating to Certified
Provider Lists) by deleting the term "initial" for purposes of consistency.
The Commission has amended §841.47(f)(1) of this title (relating to
Certified Provider Lists) by replacing the term "Governor" with "Commission"
for purposes of consistency.
Comments regarding §841.48, Local Appeals, are as follows:
Comment: A commenter states that §841.48 requires a local appeal process;
however §841.47(f) seems to indicate that only the Commission can remove
a provider. The commenter asks why involve the local LWDB in the appeals process
if the removal decision can only be made by the Commission. The commenter
states that this is an additional expense for the LWDB and recommends eliminating
the requirement of a local appeals process.
Response: Pursuant to WIA §122(b)-(c), the LWDBs determine initial
and subsequent eligibility of training providers. According to WIA §122(f),
the LWDBs may also terminate eligibility of a provider. Since the local programs
have to establish a grievance procedure under WIA for other grievances and
complaints, it seems prudent to hold the hearing on a denial of provider eligibility
by the LWDB at the LWDB level. Therefore, the Commission declines to amend
the rule.
The Commission has amended §841.48 of this title (relating to Local
Appeals) by adding a subsection (d) for clarification purposes.
Comments regarding §841.93, State Level Informal Resolution and Hearing
for Alleged Violations of the Requirements of WIA by the State or for Complaints
by Individuals Affected by the Statewide Program, are as follows:
Comment: A commenter asks what the role of the Texas Council on Workforce
and Economic Competitiveness is in this process and references §122(f)
of WIA.
Response: The Texas Council on Workforce and Economic Competitiveness (Council)
participates in the development and review of the state WIA plan. With respect
to WIA §122(f), no specific role is identified for the Council.
Subchapter A. General Provisions
40 TAC §841.1, §841.2
The rules are adopted under Texas Labor Code §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Texas Workforce Commission programs.
§841.2.Definitions.
The following words and terms, when used in this chapter, shall have
the following meanings unless the context clearly indicates otherwise.
(1)
Administrative costs--The necessary and allowable costs
that are associated with the overall management and administration of the
workforce investment system and which are not related to the direct provision
of employment and training services, as further defined by the federal regulations
and subject to the cost limitations set forth in WIA §134(a)(3)(B) and
the cost principles set forth in WIA §184(a)(2)(B).
(2)
Commission--The Texas Workforce Commission as established
in the Texas Labor Code, §301.001 and designated by the Governor as the
state administrative agency for WIA in Texas.
(3)
Complainant--Any participant or other personally
interested or personally affected party alleging a noncriminal violation of
the requirements of WIA.
(4)
Customized Training--As defined in WIA §101(8),
training that is designed to meet the requirements of an employer, conducted
with a commitment by the employer to employ an individual on successful completion
of the training and for which the employer pays not less than 50 percent of
the cost of the training.
(5)
Hearing Officer--An impartial party who shall preside
at a hearing on a grievance.
(6)
ITAs--Individual Training Accounts.
(7)
LWDA--Local Workforce Development Area designated
by the Governor as provided in Texas Government Code §2308.252.
(8)
LWDB--Local Workforce Development Board created pursuant
to Texas Government Code §2308.253 and certified by the Governor pursuant
to Texas Government Code §2308.261.
(9)
On-the-Job Training--As defined in WIA §101(31),
training by an employer that is provided to a paid participant while engaged
in productive work in a job.
(10)
One-Stop Partner--An entity which makes services
available to participants through a one-stop delivery system under the terms
of a memorandum of agreement with a LWDB.
(11)
Participant--As defined in WIA §101(34), an
individual who has been determined to be eligible to participate in, and who
is receiving services under, a program authorized by WIA.
(12)
Respondent--The person, organization or agency against
which a complaint has been filed for the alleged violation of the requirements
of WIA.
(13)
WIA--Workforce Investment Act, P.L. 105-220, 29
U.S.C.A. §1601 et seq.
This agency hereby certifies that the adoption has been
reviewed by legal counsel and found to be a valid exercise of the agency's
legal authority.
Filed with the Office of the Secretary of State on June
2, 1999.
TRD-9903247
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: June 22, 1999
Proposal publication date: April 16, 1999
For further information, please call: (512) 463-8812
40 TAC §§841.11-841.13
The rules are adopted under Texas Labor Code §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Texas Workforce Commission programs.
§841.12.Requirements of a One-Stop Delivery System.
(a)
A one-stop delivery system shall include at least one
full service career center which is accessible to employers, workers, and
students and which offers core services. Core services, as defined in WIA
§134(c) and Texas Government Code Chapter 2308, include:
(1)
outreach;
(2)
intake, which may include worker profiling, and orientation
to the information and services available through the one-stop delivery system;
(3)
determinations of whether the individuals are eligible
to receive assistance and services through the one-stop delivery system;
(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
Subchapter C 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 delivery system 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 LWDA, 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 this chapter who are placed in unsubsidized employment, for not less
than 12 months after the first day of the employment, as appropriate.
(b)
A one-stop delivery system 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)
A one-stop delivery system 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)
skill 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 above; 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)
A one-stop delivery system shall offer access to all other
permissible local employment and training activities included in the local
workforce development plan. Such activities may include discretionary one-stop
activities, supportive services, and needs-related payments as outlined in
WIA §134(e).
(e)
A one-stop delivery system shall offer access to all programs
and activities carried out by the one-stop partners.
(f)
A one-stop delivery system shall offer access to the information
described in §15 of the Wagner-Peyser Act and all job search, placement,
recruitment and other labor exchange services authorized under the Wagner-Peyser
Act (29 U.S.C. 49
et seq.
)
§841.13.Limitations on Delivery of Services.
Delivery of services under §841.12 of this title (relating to
Requirements of a One-Stop Delivery System) are subject to state law requirements
on local workforce board organization and service delivery structure as found
in Texas Government Code §2308 and Chapter 801 of this title (relating
to Local Workforce Development Boards.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
2, 1999.
TRD-9903248
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: June 22, 1999
Proposal publication date: April 16, 1999
For further information, please call: (512) 463-8812
40 TAC §§841.31-841.42, 841.45, 841.47-841.49
The rules are adopted under Texas Labor Code §301.061
which provides the Texas Workforce Commission with the authority to adopt,
amend, or repeal such rules as it deems necessary for the effective administration
of Texas Workforce Commission programs.
§841.35. Training Services Which are Not Provided Through Individual Training Accounts.
Training services may be provided pursuant to a contract for services
instead of an ITA as provided in WIA §134(d)(4)(G)(ii) in the following
situations:
(1)
the services are on-the-job training provided by an employer
or are customized training, as defined in §841.2 of this title (relating
to Definitions);
(2)
the LWDB determines there is an insufficient number
of eligible providers of training services in the LWDA to accomplish the purposes
of a system of ITAs; or
(3)
the LWDB determines that there is a training services
program of demonstrated effectiveness offered in the LWDA by a community-based
organization or other private organization which serves participant populations
that face multiple barriers to employment, including one or more of the following
categories:
(A)
individuals with substantial language or cultural barriers;
(B)
offenders;
(C)
homeless individuals; or
(D)
other such population defined by the LWDB.
§841.39. Alternative Application for Initial Eligibility Determination.
(a)
The following entities shall be eligible to receive WIA
funds if they complete the provider certification process and are determined
eligible for participation by a LWDB in the LWDA in which the provider desires
to provide training services and the Commission:
(1)
public or private providers of a program of training services,
including faith-based providers which are not:
(A)
postsecondary educational institutions that are eligible
to receive federal funds under Title IV of the Higher Education Act of 1965
(20 U.S.C. §1070
et seq.
), and provide
programs that lead to an associate degree, baccalaureate degree or certificate;
or
(B)
entities that carry out programs under the Act of August
16, 1937, also known as the "National Apprenticeship Act," 50 Stat. 664, chapter
663, 29 U.S.C. 50
et seq.
;
(2)
postsecondary educational institutions which
seek to receive WIA funding for a program that does not lead to an associate
degree, baccalaureate degree or certificate; and
(3)
providers that carry out programs under the Act commonly
known as the National Apprenticeship Act that seek to receive WIA funding
for a program not covered by the National Apprenticeship Act.
(b)
All training provider applicants shall provide the following
information to the LWDB:
(1)
the name, mailing address and physical address of the
training facility;
(2)
documentation of financial stability of the applicant,
which may include audits or financial statements;
(3)
the name of the program(s) of training services submitted
for WIA funding;
(4)
the total hours of instruction associated with each
program of training services;
(5)
the cost of each program of training services, including
tuition, fees, books, and any required tools, uniforms, equipment, or supplies;
(6)
a brief description of the training facility or training
provider, not to exceed 100 words;
(7)
a brief description of each program of training services;
(8)
a description of the skill set which will be acquired
through each program of training services;
(9)
a list of occupations determined by using a coding
system specified by the Commission, in which these skill sets are of primary
interest;
(10)
if any of the occupations described above are not
on the Occupations in Demand List provided by the LWDB, evidence from employers,
in a format and meeting specification set by the LWDB, that demonstrates that
the occupation is in demand;
(11)
description of the class size, instructor/student
ratio;
(12)
information on whether the students in the course
are eligible for Title IV of the Higher Education Act funding (Pell grant);
(13)
an outline of the course or program curriculum,
including criteria for successful completion;
(14)
the qualifications of the training instructors;
(15)
a description of any minimum entry level requirement
(e.g. reading or math level, previous education requirements such as high
school diploma or GED);
(16)
description of equipment utilized in the course
and equipment/student ratio;
(17)
description of employer support of the program;
and
(18)
any additional information that is required by the
LWDB in the LWDA in which the training provider is located.
(c)
Training provider applicants who provide training on the
date of application through a program for which they are seeking certification
shall include in their application the following verifiable performance information,
or appropriate portion of verifiable performance information, for the program(s)
of training services:
(1)
the program completion rates for all individuals participating
in the applicable program;
(2)
the percentage of all individuals participating in
the applicable program who obtained unsubsidized employment;
(3)
the percentage of all individuals participating in
the applicable program who obtained unsubsidized employment in an occupation
related to the program conducted;
(4)
the wages at placement in employment of all individuals
participating in the applicable program; and
(5)
a description of the methodology that will be utilized
to collect and verify performance information.
(d)
Each LWDB shall annually establish minimum requirements
for initial eligibility. Such requirements shall include consideration of
the information required by §841.44(a) of this title (relating to Determination
of Subsequent Eligibility). The LWDB shall provide to each applicant the current
levels of performance required by the Commission or levels of performance
required by the LWDB if higher than those established by the Commission.
(e)
For purposes of confirming training provider initial eligibility
application information, and as determined reasonable by LWDBs, on-site visits
shall be made by LWDB staff or representatives to training provider program
sites.
§841.42. Exceptions to Provider Certification Requirements.
(a)
On-the-job or customized training providers are not subject
to the training provider certification requirements. In order to be eligible
to receive WIA funding, such training providers shall provide to one-stop
operators the performance information as may be required by the Commission.
(b)
Providers of youth activities are not subject to the training
provider certification system and are not eligible to provide training through
the use of ITAs. Providers of youth activities are selected through a competitive
procurement by LWDBs in consultation with providers of youth services and
based on criteria contained in the state plan. Eligible providers of youth
activities are subject to the Commission's standards for core indicators of
performance established for youth programs in WIA.
§841.45. Standards of Performance.
(a)
Each LWDB shall adopt local performance standards within
30 calendar days of the Commission's publication of state performance standards.
LWDB standards shall meet or exceed the standards adopted by the Commission.
(b)
Standards shall be developed in the following performance
measures:
(1)
training completion rate,
(2)
entered employment rate,
(3)
training relatedness employment rate,
(4)
average earnings change in six months,
(5)
six months employment retention rate, and
(6)
educational or occupational skills credential rate.
(c)
Performance standards for employment at six months, wages
at six months, and rate of licensure, certification, degree completion, and
other skill attainment measures may be adjusted by the state for local conditions
and should reflect continuous improvement within the local area.
§841.47. Certified Provider Lists.
(a)
At least annually, the LWDB shall publish in a newspaper
of general circulation in the LWDA an invitation to training providers to
submit an application.
(b)
Each LWDB shall develop a list of providers determined
to be initially eligible and retain on that list providers determined to be
subsequently eligible to continue to receive WIA funds to provide training
services.
(c)
Each LWDB shall provide the list of providers determined
to be initially eligible to the Commission annually, and report any changes
to the list monthly. The submission shall be in a format prescribed by the
Commission.
(d)
On placing or retaining a provider on the list, the LWDB
shall submit to the Commission the performance and cost information outlined
in §841.43(b) of this title (relating to Application for Subsequent Eligibility
Determination) supplied by the provider. The LWDB shall provide the information
to the Commission no later than 30 calendar days from receipt of the information
by the LWDB.
(e)
The Commission shall publish the program, performance,
and cost information of each program receiving eligibility certification.
(f)
The Commission may remove a provider from the list of
eligible providers or restrict WIA funding eligibility if the Commission determines
that:
(1)
the provider does not meet the performance levels established
by the Commission, or
(2)
the training provider has committed fraud or has
violated applicable state or federal law, including prohibitions against discrimination
and requirements related to the Americans with Disabilities Act.
(g)
If the Commission, after consultation with an LWDB, determines
that a provider, or an individual providing information on behalf of the provider,
has intentionally supplied inaccurate program performance information, the
Commission shall terminate the eligibility of the provider to receive funds
for training services for a period of not less than two years.
(h)
The Commission shall provide written notice of the removal
of a provider from the list of eligible providers to both the LWDB and the
training provider. The notice will include a description of the appeal process.
§841.48. Local Appeals.
(a)
Each LWDB shall develop a written appeals process for
appeals requested by providers found by the LWDB to be ineligible to receive
WIA funding for training services.
(b)
This procedure shall include an opportunity for a hearing.
(c)
A final written decision on the appeal shall be provided
within 60 days of the date of the LWDB's receipt of the request for appeal.
(d)
A provider claiming that it was denied a hearing under
this section may file a grievance under §841.62(a).
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on June
2, 1999.
TRD-9903249
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Effective date: June 22, 1999
Proposal publication date: April 16, 1999
For further information, please call: (512) 463-8812
Part II.
Texas Rehabilitation Commission
Part XX.
Texas Workforce Commission
Subchapter B. One-Stop Delivery System
Subchapter C. Training Provider Certification
Subchapter D. Local Area Grievance Procedure