40 TAC §841.44
The Texas Workforce Commission (Commission) proposes an amendment
to §841.44 relating to the Determination of Subsequent Eligibility of
training providers.
Background and Purpose: The Workforce Investment Act (WIA) requires that
before an entity can provide training services to WIA participants with individual
training accounts, the entity must be determined eligible to receive WIA funds.
WIA lists some of the required elements for both initial and subsequent eligibility
determinations. Chapter 841 describes the process and procedure for making
initial and subsequent eligibility determinations. The proposed amendment
to §841.44 clarifies that in applications for subsequent determinations
of eligibility, just as in initial applications, the local workforce development
board (Board) is responsible for providing notice of determinations of eligibility.
Further, in determinations of subsequent eligibility, the Board must provide
notice within 30 days of receipt of the subsequent eligibility application.
The proposed amendment also provides for reconsideration of a denial of an
application for subsequent eligibility and reapplication.
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 rule;
there are no estimated reductions in costs to the state or to local governments
expected as a result of enforcing or administering the rule;
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 rule; and
there are no anticipated costs to persons who are required to comply with
the rule as proposed.
Mr. Townsend has also determined that there is no anticipated adverse impact
on small businesses (including micro-businesses) as a result of enforcing
or administering the rule because any regulatory burdens or impact on small
businesses, if any, would be a result of federal requirements, federal WIA
statute and regulations and other federal regulations and requirements, which
are the basis for this proposed rule. In addition, training services providers
are required to submit specific verifiable information on performance to Boards
and the Commission in order to establish and retain continuing eligibility
to receive funds from WIA to provide training services. We cannot determine
the likely or potential fiscal burden or impact of that provision, although
our presumption is that it would be insignificant, customary, or of no financial
consequence.
Jean Mitchell, Director of Workforce Development, has determined that the
public benefit anticipated as a result of the rule as proposed will be to
provide clarification relating to how determinations of subsequent eligibility
will be handled by the Commission and the Boards that will in turn clarify
the application process.
Mark Hughes, Director of Labor Market Information, has determined that
there is no foreseeable negative impact upon employment conditions in this
state as a result of the proposed rule.
Comments on the proposed rule 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 30 days from the
date this proposal is published in the
Texas Register
.
The amended rule is proposed under Texas Labor Code §§301.061
and 302.002, 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 Commission services and activities.
The proposal affects the Texas Labor Code, Title 4.
§841.44.Determination of Subsequent Eligibility.
(a)
Each
Board
[
LWDB
] shall annually
establish minimum requirements for subsequent eligibility. In determining
subsequent eligibility,
Boards
[
LWDBs
] shall consider
the following:
(1)-(3)
(No change.)
(4)
the performance of a provider of a program(s) of training
services, including the extent to which the annual standards of performance
established by the
Board
[
LWDB
] have been achieved;
(5)-(7)
(No change.)
(b)
No later than July 1, 2000, each
Board
[
LWDB
] shall ensure that training providers, in developing programs of
training services and establishing performance criteria for successful course
completion, use in descending order:
(1)-(3)
(No change.)
(c)
Boards
[
LWDBs
] may require enhancements
to programs or courses to meet local industry needs.
(d)
For programs of training services certified
as initially eligible on or after July 1, 2000, a Board shall provide a written
notice of determination of acceptance or rejection of a subsequent eligibility
application to an applying entity within 30 calendar days of the receipt of
the completed subsequent eligibility determination application.
(e)
Board policy shall determine the circumstances
under which reconsideration may be afforded to an entity whose application
for subsequent eligibility certification determination was denied. An entity
whose application for recertification was denied may reapply no sooner than
six months after the date of the written notice of denial.
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 March 23, 2000.
TRD-200002100
J. Randel (Jerry) Hill
General Counsel
Texas Workforce Commission
Earliest possible date of adoption: May 7, 2000
For further information, please call: (512) 463-8812