Texas Administrative Code Title 40

Social Services and Assistance: As effective August 6, 2010

Part 22

Chapter 901

§901.1: Procedures for Considering Redesignation of Workforce Development Areas

(a) Definitions. "Chief Elected Officials" means the officials designated by state law as the Chief Elected Officials for the purposes of establishing agreements to form local workforce development boards.

(b) Initiation of Redesignation. The Texas Workforce Investment Council may submit a written proposal or a local area or proposed local area may submit a written request to initiate the process to consider redesignation of workforce areas.

(c) Requirements for a request by a local area or proposed local area.

(1) Written Request. A request for redesignation of workforce development areas must be signed by the Chief Elected Officials (CEO) of the proposed new area to be designated. These must be the same officials who would be able to create a local workforce development board if the request is granted. The request must designate one of the officials as the lead CEO.

(2) Acknowledgment and Summary Action. The director will notify the lead CEO and the Governor of receipt of the request and any deficiencies in the written request. The lead CEO has 30 days to correct any deficiencies.

(3) Contents of Written Request.

(A) The written request must show that each proposed area complies with state requirements for a local workforce development area and include information on the following factors:

(i) geographic areas served by local educational agencies and intermediate educational agencies;

(ii) geographic areas served by postsecondary educational institutions and area vocational education schools;

(iii) the extent to which such local areas are consistent with labor market areas;

(iv) the distance that individuals will need to travel to receive services provided in such local areas;

(v) the resources of such local areas that are available to effectively administer the activities carried out under Texas and federal law;

(vi) the total population of the proposed area;

(vii) any prior designation of the area as a Job Training Partnership Act Service Delivery Area or Substate Area or service as a rural concentrated employment program; and

(viii) other information required by the Council to make a determination.

(B) If one or more of the proposed areas is identified in the request as a local labor market area, the request must also contain sufficient evidence that each such area is an economically integrated geographic area within which people may reside and find employment within a reasonable distance.

(4) Further Division of Areas. If one or more of the existing areas would be further divided, the request must also contain the following:

(A) a description of how services of all programs under the local board's purview will be coordinated with other local boards and workforce development areas within the region;

(B) if applicable, documentation that justifies the designation of an area that has less than 200,000 population; and

(C) an analysis of costs associated with dividing the region, with particular emphasis on administrative costs.

(d) Splitting Designated Areas. If a proposal or request is made to split a designated area into two or more areas, the director shall notify all current workforce development board members of the affected areas.

(e) Notification of Proposal or Request. When a proposal is made by the Governor or the Council to redesignate workforce development areas or when a complete request to redesignate such areas is received from a local area or proposed local area, notice of the proposal or request shall be published in the Texas Register with a statement inviting input, specifying the deadline for submitting written input, and setting an open meeting at which oral comments will be accepted.

(f) Consideration of Proposal or Request. The Council may consider a proposal or request or may designate a committee to do so and make a report to the Council. In considering a proposal or request, all relevant information may be reviewed in addition to the information submitted with the proposal or request and the information obtained during the public comment process.

(g) Recommendation. After considering a proposal or request, the Council shall make a recommendation to the Governor.

Comments

Source Note: The provisions of this §901.1 adopted to be effective February 14, 2000, 25 TexReg 1139; amended to be effective January 6, 2005, 29 TexReg 12238

§901.2: Appeal of Decision on Designation or Redesignation

(a) Time Limit for Appeal. An appeal of a designation or redesignation of a workforce area must be delivered to the Council no later than 30 days after the date the designation or redesignation was made.

(b) Contents of Appeal. An appeal shall be in writing and shall include the specific reasons for appealing the designation or redesignation. The request shall also include any new information the requestor seeks to have considered in the appeal process.

(c) Notice of Appeal. When an appeal is received, notice of the appeal shall be published in the Texas Register with a statement inviting input, specifying the deadline for submitting written input. The council, at its discretion, may also schedule a public meeting at which oral comments on the appeal will be accepted.

(d) Consideration of Proposal or Request. The Council may consider an appeal or may designate a committee to do so and make a report to the Council. In considering an appeal, all relevant information may be reviewed in addition to the information submitted with the appeal and the information obtained during the public comment process.

(e) Recommendation. After considering an appeal, the Council shall make a recommendation to the Governor within 120 days of the date of receipt of the appeal request.

Comments

Source Note: The provisions of this §901.2 adopted to be effective February 14, 2000, 25 TexReg 1139