SECTION 849.22. Postcertification of a Trade Petition

(a) Boards shall ensure that:

(1) trade-affected workers are referred to Workforce Innovation and Opportunity Act (WIOA) career and training services, consistent with WIOA eligibility criteria, the needs of the worker, and a Board's policies and procedures; and

(2) the coenrollment of Trade-certified workers in WIOA Title I dislocated worker services shall not interfere with the timely provision of TAA services.

(b) Boards shall ensure that prior to referring a trade-affected worker to WIOA career or training services, each of the following criteria are met and documented in the IEP:

(1) An employment goal, including the targeted occupation and industry;

(2) The proposed training program, if applicable;

(3) Services that the worker will need to obtain suitable employment, including career services, support services provided through partner programs, and post-training case management services;

(4) Supplemental assistance required for participation in training and the basis for cost calculation; and

(5) The worker's responsibilities under the plan.

(c) Boards shall ensure that the approval of Trade benefits and services is accomplished by state merit staff, including approval of training, waiver issuance, and the associated review and approval of waiver continuation.

(d) Boards shall ensure that any denial of Trade benefits or services is accomplished by forwarding a recommendation to the Agency's TAA State Office unit for issuance of a formal appealable decision.

Source Note: The provisions of this §849.22 adopted to be effective November 24, 2003, 28 TexReg 10510; amended to be effective January 12, 2015, 40 TexReg 270; amended to be effective July 18, 2022, 47 TexReg 4143