SECTION 823.14. Board Policies for Resolving Complaints and Appeals of Determinations

(a) Each Board shall establish written policies to handle complaints and appeals of determinations, provide the opportunity for informal resolution, and conduct reviews in compliance with this subchapter for individuals, eligible training providers, and other individuals affected by the One-Stop Service Delivery System, including subrecipients.

(b) A Board shall maintain written copies of these policies and make them available to the Agency, Workforce Solutions Office customers, and other interested individuals upon request. A Board shall require that its subrecipients provide these policies to Workforce Solutions Office customers and other interested individuals upon request.

(c) At a minimum, a Board shall:

(1) develop and approve policies to ensure that determinations are provided as specified in §823.11 of this subchapter (relating to Determinations);

(2) develop and approve policies to ensure that information about complaint procedures is available as described in §823.10(d) of this subchapter (Board-Level Complaints);

(3) notify individuals that complaints must be submitted in writing and set forth the facts on which the complaint is based, and notify them of the time limit in which to file a complaint;

(4) maintain a complaint log and all complaint-related materials in a secure file for a period of three years after final resolution;

(5) designate an individual to be responsible for investigating, documenting, monitoring, and following up on complaints;

(6) inform individuals of the:

(A) right to file a complaint;

(B) right to appeal a determination;

(C) opportunity for informal resolution and a Board review;

(D) time frame in which to either reach informal resolution or to issue a Board decision; and

(E) right to file an appeal to the Agency, including providing information on where to file the appeal;

(7) designate adjudicators to conduct Board hearings, document actions taken, and render decisions; and

(8) ensure that complaints remanded from the Agency to the Board for resolution are handled in a timely fashion and follow established Board policies and time frames.

(d) Complaints filed directly with the Agency may be remanded to the appropriate Board to be processed in accordance with the Board's policies for resolving complaints.

Source Note: The provisions of this §823.14 adopted to be effective November 26, 2007, 32 TexReg 8546; amended to be effective January 25, 2021, 46 TexReg 607