SECTION 823.1. Short Title and Purpose

(a) This chapter provides an appeals process to the extent authorized by federal and state law and by rules administered by the Texas Workforce Commission (Agency).

(b) This section applies only to complaints or determinations regarding federal- or state-funded workforce services administered by the Agency or Local Workforce Development Boards (Boards), as follows:

(1) Child care;

(2) Temporary Assistance for Needy Families (TANF) Choices;

(3) Supplemental Nutrition Assistance Program (SNAP) Employment and Training (E&T);

(4) Workforce Innovation and Opportunity Act (WIOA) adult, dislocated worker, and youth programs; and

(5) Eligible Training Providers (ETPs) receiving WIOA funds or other funds for training services.

(c) Determinations or complaints relating to the following matters are not governed by this chapter:

(1) Across-the-board reductions of services, benefits, or assistance to a class of recipients;

(2) Matters governed by hearing procedures otherwise provided for in this title;

(3) Alleged violations of nondiscrimination and equal opportunity requirements;

(4) Denial of benefits as related to mandatory work requirements for individuals receiving TANF and SNAP E&T services and is administered through the Texas Health and Human Services Commission (HHSC);

(5) Matters governing job service-related complaints as referenced in 20 CFR Part 658, Subpart E, §§658.400, 658.410, 658.411, 658.417, and 658.418 and the federal Employment Service law;

(6) Services provided by the Commission pursuant to Texas Labor Code §301.023, relating to Complaints Against Commission;

(7) Alleged criminal violations of any services referenced in subsection (b) of this section;

(8) Disputes between contractors and Boards;

(9) Contract disputes; or

(10) Any other determination or complaint not listed in subsection (b) of this section.

Source Note: The provisions of this §823.1 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607