SECTION 823.11. Determinations

(a) A determination affecting the type and level of services or benefits to be provided by a Board or its designee shall be promptly provided to any individual directly affected.

(b) The determination shall include the following:

(1) a brief statement of the adverse action;

(2) the mailing date of the determination;

(3) an explanation of the individual's right to an appeal;

(4) the procedures for requesting informal resolution with the Board and for filing an appeal to the Board, including applicable time frames as required in §823.3 of this chapter (Timeliness);

(5) the right to have a representative, including legal counsel; and

(6) the address and fax number to which a request for informal resolution or appeal may be sent.

(c) Boards shall allow training service providers the opportunity to appeal a determination related to the:

(1) denial of eligibility as a training provider under WIOA, §122(b), (c), or (d);

(2) termination of eligibility as a training provider or other action under WIOA, §122(f); or

(3) denial of eligibility as a training provider of on-the-job or customized training by the operator of a Workforce Solutions Office under WIOA, §122(h).

(d) An individual who receives a determination from a Board or a Board's designee may file an appeal with the Board requesting a review of the determination. The appeal must be submitted in writing, be filed within 14 calendar days of the mailing date of the determination, and include the party's proper mailing address.

Source Note: The provisions of this §823.11 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607